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April 2004 The Monthly Newspaper of the Philadelphia Bar Association Vol. 33, No. 4 SaveSave thethe Date:Date: May 5 Nov.Nov. 55 && 6,6, 20042004 Event to Justice Scalia Dennis W. Archer Honor Archer to Brown Join Scalia by Daniel A. Cirucci
The Association will commemorate the at April 29 50th anniversary of the historic U.S. Sup- reme Court decision in Brown v. Board of Education during Law Week on Wednes- day, May 5 with a program sponsored Quarterly jointly by the Association and the Phila- by Jeff Lyons delphia School District. On May 17, 1954, the Supreme Court ruled that segregated “separate but equal” American Bar Association President public schools were unconstitutional and Dennis W. Archer will join U.S. Supreme that schools must be integrated “with all Court Associate Justice Antonin Scalia as deliberate speed.” The half-day commem- a speaker at the Association’s April 29 oration is scheduled to begin at 10 a.m. in Quarterly Meeting and Luncheon. the auditorium of the school district Tickets for the event are now available headquarters at 21st Street and the Park- for general sale. At the luncheon, the in- way and will conclude with a noon lun- augural Justice Antonin Scalia Award for cheon. An invited audience of about 200 Professional Excellence will be presented. will be composed of approximately one- The event will be held in the Grand third students, one-third educators and Ballroom at the Park Hyatt Philadelphia one-third lawyers. at the Bellevue, Broad and Walnut streets. Philadelphia School District CEO Paul continued on page 14 Vallas and School Reform Commission Borgata Hotel Casino & Spa will host the Philadelphia Bar Association Bench-Bar Chair James Nevels will participate and Conference in November. the program will be televised on the new In This Issue ... school district television channel. Assoc- Bench-Bar Returns to Atlantic City iation Chancellor Gabriel L.I. Bevilacqua 5 Bar Foundation and Nevels are expected to offer opening by Daniel A. Cirucci new Borgata Hotel Casino & Spa on remarks on behalf of the Association and Nov. 5 and 6, 2004. 11 Bike-a-Thon the school district followed by a historical Chancellor Gabriel L.I. Bevilac- Bevilacqua appointed former review of the case. That will lead into a 12 YLD Annual Meeting qua has announced that Atlantic Board of Governors Chair Jeffrey M. live presentation of excerpts of actual City will welcome Philadelphia Lindy as chair of the conference. The arguments from the case delivered by 16 Phils’ New Home lawyers and judges once again Chancellor said that a preliminary John S. Bradway Mock Trial Competition when the Association convenes its Bench-Bar planning committee has 18 Career Q & A champions from Masterman High School. 40th Bench-Bar Conference at the continued on page 4 continued on page 3 KNIPES-COHEN COURT REPORTING 215-928-9300 COURT REPORTING • VIDEOGRAPHY • VIDEOCONFERENCING 400 Market Street, 11th Floor, Philadelphia, PA 19106, Phone: 800-544-9800 • 215-928-9300 • Fax: 215-627-0555 The Ultimate Driving Machine Think Spring!
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PHILADELPHIA 2 APRIL 2004 / BAR REPORTER Enrich Yourself While Helping Young Learn by Gabriel L.I. Bevilacqua determination of individual values to I know this from experience because as meet individual needs and circum- a young person competition in foren- Shake hands with your audience. FRONTLINE stances? It was sort of a collectivist vs. sics is where I learned not only to mas- I thought of that old rule of oratory individualist debate with practical, ter the English language but also to as I listened to a bright new crop of philosophical, political and sociological think clearly and logically, to frame my orators at two recent events. “Shake implications. Called upon to judge the arguments effectively, to speak persua- hands with your audience” is really the speakers and arguments on both sides sively and to gain so much confidence first rule of communication when you of the question I found myself immen- in my own abilities. This is how I dev- are up on your feet speaking to a sely impressed with the arguments and eloped an interest in the law and dec- group of people. Before you can do the oratory that I had witnessed. ided to become a lawyer. It would not anything else, you’ve got to make a Two nights later at the National have happened without the fine coach- vital human link with your audience. Constitution Center I encountered a es and teachers who helped me along Often, that means you’ve got to very similar situation as I observed the the way and inspired me. Plus, there make yourself vulnerable via a self- one might be tempted to conclude that final round of the John S. Bradway was an added bonus: at the Liberty deprecating joke, revealing anecdote or public rhetoric is increasingly non-cool Mock Trial Competition sponsored by Bell High School Debate Tournament personal revelation. You’ve got to put or downright quaint. But one would be Temple LEAP and our Young Lawyers here in Philadelphia I met my future yourself out there. wrong. Division. Lawyer and radio personality spouse. But now I’m veering back to Maybe that’s why, when asked to I know some young people who Michael Smerconish generously agreed the personal. give remarks in front of a group, the think it’s very cool. And their passion to serve as judge for the mock trial and And as I’ve already noted, that’s the first reaction of most people seems to and enthusiasm is contagious. I’m sure he was as impressed as I was logical beginning of a speech rather be: How do I get out of it? It takes I wish you could have been with with the presentations of these extraor- than the ending. So let me simply end courage to get up there and gain and me as I watched high school students dinary young people. Their ability to by urging you to get involved with hold the attention of an audience for participate recently in the regional think on their own two feet and pre- programs that help young people to any length of time at all solely through semifinals of the National Forensic sent their views convincingly was learn, grow and find their way in the the power of well-delivered phrases, League competition at LaSalle High breathtaking. Once again I left with a world. You will be enriched. And your sentences and ideas. It ain’t easy. In School. These immensely bright and feeling of deep admiration not just for hope in the future will be renewed and fact, even many very successful lawyers talented students debated a classic the students but also for the young strengthened. (not trial lawyers, of course) are petri- value proposition: Is society better lawyers who coached them. All of the efforts dedicated to moti- Gabriel L.I. Bevilacqua, a partner at Saul Ewing LLP, is fied of public speaking. served by the notion of the greatest Chancellor of the Philadelphia Bar Association. His e- But maybe we shouldn’t worry too good for the greatest number or by vating young people to think, write mail address is [email protected]. much about that. Because nowadays supremacy of the individual and the and speak effectively is time well spent.
PHILADELPHIA
BROWN ately following. Lawyers who have a town hall-type meeting and discussion continued from page 1 story to tell about their own experi- that will engage the entire audience. ences with the Brown decision may be The Brown commemoration was ann- Editor-in-Chief asked to participate in the program. By ounced last December by Chancellor Molly Peckman, Esq. This will be followed by “I Remem- relaying their recollections and experi- Bevilacqua who said, “we hope to ber Brown,” the recollections of Associa- ences with Brown, they may help make make this case come alive and pass on Associate Editor tion members who remember the deci- the Brown decision come alive for its enduring lessons for future genera- Sunah Park, Esq. sion. young people. tions. The fight to win equality – to Contributing Editor The Association is looking for law- No matter how insignificant your eliminate racism – continues 50 years Richard Max Bockol, Esq. yers old enough to remember the experience may seem, we are interested after Brown.” Brown decision and whose lives have in hearing about it. Lawyers interested Marsha Levick of the Board of Advisory Editors been touched in one way or another in participating should e-mail their Governors is chair of the Brown com- Bruce H. Bikin, Esq. by Brown. Many lawyers who are old stories to [email protected] or call memoration committee, which includes Merih O. Erhan, Esq. Marc W. Reuben, Esq. enough to remember Brown were ele- Dan Cirucci at (215) 238-6340. representatives of the school district, mentary school students at the time of The “I Remember Brown” portion of the Young Lawyers Division and the Director of Publications and New Media the decision and in the years immedi- the program will then be followed by a Barristers’ Association. Mark A. Tarasiewicz Managing Editor Jeff Lyons
HAP’s 15th Annual Benefit April 22 at the Bellevue Copy Editor Kate Maxwell PECO Energy, along with the Veri- more than 10,000 clients and have don- items available including sports memo- zon Foundation and Aqua Pennsylva- ated more than $11.3 million worth of rabilia, dinners at the top restaurants, Associate Executive Director nia, Inc., will present the Homeless Ad- legal services. original artwork, collectibles and more. for Communications and Public Affairs Daniel A. Cirucci vocacy Project’s 15th Annual April Ben- The evening will feature live jazz, an Tickets are $45 per person. For tick- efit to be held on Thursday, April 22, open bar and appetizers. A silent auc- ets or sponsorship information, call Executive Director Kenneth Shear from 5:30 to 8 p.m. at the Park Hyatt tion will be held with a wide variety of Marnie Boccella at (215) 523-9588. Philadelphia at the Bellevue. The Philadelphia Bar Reporter (ISSN 1098-5352) is published monthly and available by subscription for All proceeds from the event go to $45 per year by the Philadelphia Bar Association, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2911. support the Homeless Advocacy Pro- Tell Us What You Think! Periodicals postage paid at Philadelphia, Pa. POST- ject, a 501(c)(3) nonprofit organization MASTER: Send address changes to Philadelphia Bar The Philadelphia Bar Reporter welcomes letters to the editors for publication. Reporter, c/o Philadelphia Bar Association, 1101 that provides free legal services to Letters should be typed. There is no word limit, but editors reserve the right to Market St., 11 fl., Philadelphia, Pa. 19107-2911. homeless individuals, families and Telephone: (215) 238-6300. Association Web site: condense for clarity, style and space considerations. Letters must be signed to www.philadelphiabar.org. Newspaper e-mail address: nonprofit community groups. verify authorship, but names will be withheld upon request. Letters may be [email protected]. The editorial and other views expressed in the Philadelphia Bar Reporter are not nec- More than 300 attorneys, paralegals mailed, faxed or e-mailed to: Jeff Lyons, Managing Editor, Philadelphia Bar Reporter, essarily those of the Association, its officers, or its and law students volunteer with HAP. members. Advertising rates and information are avail- Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107- able from Media Two, 22 W. Pennsylvania Ave, Suite Since HAP’s first legal clinic in Decem- 2911. Phone: (215) 238-6345. Fax: (215) 238-1267. E-mail: [email protected]. 305, Towson, Md., 21204. Telephone: (410) 828-0120. ber 1990, legal advocates have assisted
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PHILADELPHIA BAR REPORTER / APRIL 2004 3 Bench-Bar Conference: Nov. 5 & 6 Return of Bench-Bar Evokes Fond Memories by Daniel A. Cirucci one of continued growth and old Traymore Hotel and the diversification. By 1960, Bar newer Deauville. During the “Bench-Bar Conference,” leaders were ready to move same time, the conference you say. What’s that? the conference away from the began to attract nationally Since the last Bench-Bar city “to keep the participants known speakers and work- Conference was seven years from going back and forth to shop participants. ago and the last conference in their offices and to allow By 1971, conference partici- Atlantic City was in 1987, them to devote undivided pants seemed ready for a site there are those who may attention to the conference.” change and the conference wonder exactly what the Atlantic City seemed to be the was moved to Buck Hill Falls Bench-Bar Conference is and logical place for such sessions in the Poconos. The 1972 con- how it came to be. and for many years that fol- ference at Host Farm in In fact, the conference has lowed the conference was Lancaster, Pa., attracted the quite a fascinating history. held in Atlantic City, usually largest Bench-Bar audience The first Philadelphia Bar Ass- over an autumn weekend up to that point – more than Former Chancellor Seymour Kurland (left) and Association Executive ociation Bench-Bar Confer- after Labor Day. 600 judges, lawyers and their Director Kenneth Shear cut the ceremonial ribbon opening the Expo of ence in October 1958 was a This allowed lawyers and guests. The main panel dis- the 1987 Bench-Bar Conference. very informal affair. It was a judges to extend the summer cussion on Saturday focused half-day session that followed the initial session and by then-Chancellor Walter E. season a bit and provided an on prison reform and includ- the Association’s October September 1959, what had Alessandroni termed an added convenience for those ed former prison inmate Quarterly Meeting and it con- now become officially known “encouraging success that who had vacation homes at James R. Hoffa. sisted of a brief and limited as the annual Bench-Bar augurs well for the future.” the shore. By 1974, the conference series of workshops attended Conference expanded to a For the Bench-Bar During the 1960s, the con- had returned to what was to by judges and lawyers at a full-day program. About 125 Conference, in the early years, ference moved among several become its traditional head- Center City hotel. But Bar lawyers and judges attended the future generally remained Atlantic City hotels including quarters – Atlantic City. The leaders were encouraged by the 1959 program, which bright and the pattern was the Holiday Inn, the majestic continued on page 8
BENCH-BAR in terms of its style, atmosphere, func- for Bench-Bar attendees, and regis- details will be forthcoming. tionality and beauty,” Bevilacqua trants will be able to purchase the For now, the planning committee is continued from page 1 explained. entire conference as a package. Regis- simply urging everyone to save the already met and plans are under way Since its opening last year, Borgata tration, reservation and program dates. for a conference that will mix substan- has quickly become an Atlantic City tive law workshops and social events landmark and one of the most success- in a relaxed environment that will ful attractions of its type in the nation. allow attendees to earn up to 5.5 CLE Borgata features 2,002 guest rooms and credits over two days. suites, 11 destination restaurants, 11 “I’m happy that after an absence of retail boutiques, a 50,000-square-foot 17 years we will reconvene the Phila- spa, 70,000 square feet of event space, delphia Bar Association Bench-Bar 125,000 square feet of gaming and Conference in Atlantic City,” Bevilacqua parking for 7,100 cars. Borgata also said. “Now, the bench and the bar can boasts a state-of-the-art business cen- once again come together in a setting ter and a distinctive, finely appointed outside of Center City for discussion, meetings area that operates much like education and camaraderie.” a separate conference center. The Chancellor noted that “for The $1 billion Borgata is the first many years our Philadelphia lawyers hotel casino to be built in Atlantic City and the members of our judiciary in 13 years. The initial impression of looked forward to this fall conference Borgata’s elegant style is marked by the for professional growth and enrich- private hotel lobby displaying marble ment. Since 1997, though, we haven't archways, dark wood furnishings and had a full-fledged Bench-Bar Confer- door panels, buttery yellow wall acc- ence. Well, we can begin looking for- ents, and a dramatic crystal chandelier ward to this event once again because suspended from the vaulted ceiling. the 2004 Bench-Bar Conference at the The guest reception floor is an expanse Borgata will provide us with a great of ochre and beige-colored marble, program in Atlantic City.” quarried from Grenada, Spain, while a Bevilacqua said the 2004 Bench-Bar dramatic wall of water, illuminated by Conference will be “all new” but will a half-million-dollar lighting treat- also contain familiar features for those ment, provides a fun backdrop to the who fondly remember past Bench-Bar reception area. The mixture of rich, events. “We’re aiming to incorporate textured and eye-appealing elements is some of those elements that people carried out throughout the property. miss from the past conferences but also Restaurants include Luke Palladino’s to add features to attract new attendees refined Specchio, Ombra, Chef Palla- and younger participants,” he explain- dino’s trattoria and wine cellar, Suilan ed. He cited the dramatic new location by Susanna Foo, New York’s legendary of the conference as one of the prime Old Homestead Steakhouse and MIXX, reasons for the return to Atlantic City. a hip, young eatery and nightclub. “This is a place that truly stands apart Borgata will offer special room rates
PHILADELPHIA 4 APRIL 2004 / BAR REPORTER What Does $100 Really Mean to You? by Edward F. Chacker many lives as a donation to the Bar Hamilton Ball Nov. 13 Foundation. Entering a courtroom can be scary, BAR FOUNDATION The Philadelphia Bar Foundation will Do you remember when you first even for a lawyer, let alone a litigant. hold the annual Andrew Hamilton Ball became a lawyer? Remember that Picture yourself going into a courtroom on Saturday, Nov. 13 at the Park Hyatt desire to be a success and to make a when the other side has a lawyer, and Philadelphia at the Bellevue. difference? Becoming a member of the you’re alone. Scary? You bet! That’s Bar Foundation shows that you still exactly how it feels for someone facing believe in making a difference. an illegal eviction, or a predatory our grantees and a list of donors So, what’s $100 mean? It depends lender foreclosing on a poor family, (including your name). on who you are, and who you ask. We which could make them homeless. • An answer to the question, “What know Donna’s answer. $100 changed When a poor person has a lawyer are you doing to help make sure there her life. Can we count on you? standing next to him or her in the is equal access to justice for all?” Now, depending on who you are, What can $100 do? Ask Donna. Edward F. Chacker, a partner with Gay, Chacker & courtroom, that person is empowered. Mittin, P.C., is president of the Philadelphia Bar It’s an incredible feeling. $100 can mean a lot of different things. “Donna” is a 12-year-old who was Foundation. How do we know? We’ve asked, It can mean two nosebleed seats for being bounced around the foster care and the answer is uniformly the same. the 76ers, or a small coffee once a week system so much that she ran away and Save the Date Many of the volunteer and paid for a year at your local coffeehouse. spent five days by herself on the streets lawyers who do this type of work come The truth is, you probably won’t of Philadelphia. Donna’s mom was Philadelphia from the 28 organizations supported have to choose between the Sixers drug-addicted and suffered from phys- by YOUR Philadelphia Bar Foundation. game or membership in the Bar ical and mental illness. Without the Bar Foundation During the past 10 years, the Bar Foundation. Join your colleagues and help of a volunteer lawyer, Donna Golf Classic Foundation has provided more than $4 me and become a member of the would still be on the streets, instead of million directly to these groups. Philadelphia Bar Foundation. in a home with a family who loves her. Monday, June 28 From May 1 through May 14, you What do you get? Become a member of the Bar Philadelphia can become a member of the Phila- • A newsletter, telling what is going Foundation. No other contribution delphia Bar Foundation. Membership is on at the Bar Foundation, highlighting supports the broad Philadelphia public Cricket Club $100. how efficiently we work, the success of interest community, or touches as
PHILADELPHIA BAR REPORTER / APRIL 2004 5 PHILADELPHIA 6 APRIL 2004 / BAR REPORTER Women’s Rights Committee Group’s Goal: More Women at the Polls by Jeff Lyons the bottom third of states when it wom-en vote? DiTullio says the an- now,” she said. A lot of college stu- comes to political involvement for swer isn’t very clear. “They don’t dents, she said, don’t know they can A little more than half of single women. People think we’re more pro- believe their vote matters. These are vote using absentee ballots. women voters went to the polls in the gressive here because we’re in the college-educated women (18 to 24 “We started WomenVote PA to 2000 presidential election. That’s a fig- Northeast. But we’re really not,” she years old) we’re talking about. I think a change this. We’re trying to register ure that WomenVote PA wants to said. Nearly 61 percent of voters cast lot of it has to do with the transition new voters and educate them. We try change. ballots in the last presidential election from childhood to adulthood. There to connect the issues with voting,” she Barbara Burgos DiTullio, lead orga- she said, but just 32 percent of voters are all kinds of new responsibilities for explained, adding that WomenVote PA nizer for WomenVote PA, met with vote in non-presidential elections. these women. Maybe they think it’s is a non-partisan organization with the members of the Women’s Rights “We have elections every year, but too much aggravation,” she said. ultimate goal of creating a progressive Committee on March 12 to come up we’re allowing one-third of the popu- DiTullio also said there’s a high num- agenda in Penn-sylvania. “Progressive with ways to get more single women to lation to make our decisions and set ber of elderly women who don’t vote doesn’t always mean liberal,” she said. come out to vote. the agenda,” she said. in Philadelphia. “We need to motivate people about In every state but Pennsylvania, DiTullio said single women have “Baby Boomers learned civics in ele- the issues and let them know their vote women are more likely to vote than voting rates well below those of mar- mentary school. Voting was taught counts,” added Judy F. Berkman, chair men, DiTullio said. “Pennsylvania is in ried women. Why don’t more single back then. I’m not sure if that’s the case of the Women’s Rights Committee.
Effective Motion Practice U.S. District Court Judge Mary A. McLaughlin led a discussion on effective motion practice at the March 17 meeting of the Federal Courts Committee. Pictured from left are U.S. District Court Judge Eduardo C. Robreno, Committee Vice Chair Abbe F. Fletman, Committee Chair Rudolph Garcia, Judge McLaughlin, and U.S. District Court Judges Anita B. Brody and Jan E. DuBois, who also participated in the discussion. Photo by Jeff Lyons
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