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The Monthly Newspaper of the Philadelphia Bar Association Vol. 36, No. 11 November 2007 Nominating Marks Accepts Committee O’Connor Award Selects 8 for n By Molly Peckman Bar Offices Passion and pride were resounding themes at the Association’s Quarterly Meeting and Luncheon on Oct. The Philadelphia Bar Association’s 16 when Lynn A. Marks accepted the 2007 Sandra Day Nominating Committee nominated the O’Connor Award and shared her four guiding principles following candidates for Bar Associa- and Ann Weaver Hart, the first woman president of tion offices on Oct. 11: Vice Chancellor, Temple University, gave the keynote speech and traced the Scott F. Cooper; Secretary, Kathleen D. impact of the university on the audience and community. Wilkinson; Assistant Secretary, Sophia Marks, the executive director of Pennsylvanians for Mod- Lee; Treasurer, Jeffrey M. Lindy; Assistant ern Courts and a champion for court reform in Pennsylva- Treasurer, Joseph A. Prim Jr. nia, demonstrated the mentoring skills she was honored for The Committee also made the fol- by reminding the audience members to follow their passions lowing nominations for three-year terms and dreams. Marks talked about her own deep commit- (three of five positions) on the Board of ment to social change as evidenced by her work for legal Governors: Michael J. Berkowitz, Karen reform and equality of justice at PMC since 1990. Marks Detamore and Maria A. Feeley. also served as the executive director of Women Organized Notice is hereby given that the Philadel- Against Rape and board chair of the Women’s Law Project phia Bar Association is accepting addi- and the National Clearinghouse for the Defense of Battered tional nominations for candidates for Bar Women. Photo by Jeff Lyons offices to be elected by the membership Lynn A. Marks, executive director of Pennsylvanians Marks told the audience to follow their passions by at the Association’s Annual Meeting and for Modern Courts, spoke of forging common ground continued on page 17 and living with a sense of urgency. Election on Tuesday, Dec. 4, 2007. continued on page 21 Reich to Receive Wachovia Fidelity Award Dec. 4 In This Issue n By Jeff Lyons recipient,” said Wachovia Fidelity Award Meeting Luncheon, which begins at 12 4 Morr to Speak Committee Chair Mary A. Platt. “Abe is p.m. at the Park Hyatt Philadelphia, Abraham C. Reich, former Chan- a consummate professional and beloved Broad and Walnut streets. 5 Focus on Crime cellor of the Philadelphia Bar Associa- member of our Bar. He has worked Reich, who served as Chancellor tion and a partner with Fox Rothschild tirelessly to improve our legal profes- in 1995, is a member of the board of 9 Press Freedom LLP, has been selected as the recipient sion and our judicial system, to increase directors of Jenkins Law Library and of the Association’s Wachovia Fidelity legal services to those who cannot afford the Pennsylvania Continuing Legal 13 2007 Bench-Bar Award. The presentation will be made them, and to promote the highest ethi- Education Board. He is a member of the 16 YLD at Aquarium at the Annual Meeting Luncheon on cal standards for all lawyers. He is the House of Delegates of both the Ameri- Tuesday, Dec. 4. lawyer that we should all strive to be.” can Bar Association and Pennsylvania 21 Bar Foundation “I am very pleased that the Com- Chancellor-Elect A. Michael Pratt will Bar Association. mittee selected Abe Reich to be the outline his plans for 2008 at the Annual continued on page 4
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2 Philadelphia Bar Reporter November 2007 philadelphiabar.org Frontline Pennsylvania Needs to Improve Editor-in-Chief Sunah Park, Esq. Fairness of Death Penalty System Associate Editors Heather J. Holloway, Esq. Asima Panigrahi, Esq. Last month, the American Bar several law student research assistants. in Philadelphia and elsewhere, that the Stacey Z. Jumper, Esq. Association issued a lengthy analy- The report highlights, with great detail, death penalty continues to be imposed in Brian K. Sims, Esq. sis of Pennsylvania’s death penalty numerous deficiencies in the current an arbitrary, capricious and discrimina- Kathryn C. Harr, Esq. system. Based upon the principle that system - deficiencies that demand critical tory manner.” Ria C. Momblanco, Esq. fairness and accuracy form the founda- action. The Philadelphia Bar Association The report from the ABA identifies a Regina Parker, Esq. tion of the American criminal justice has recognized these number of specific areas Contributing Editor system, the sweeping report concludes significant concerns for By Jane Dalton for reform, including: Richard Max Bockol, Esq. that Pennsylvania’s death penalty has many years in numerous inadequate procedures many significant shortcomings. Most section- and committee- to protect the innocent; Advisory Editors capital jurisdictions in the United States sponsored resolutions failure to protect against Bruce H. Bikin, Esq. have not had such a comprehensive adopted by our Board poor defense lawyer- Molly Peckman, Esq. Marc W. Reuben, Esq. examination conducted of their death of Governors. We have ing; no state funding of penalty systems. conveyed these concerns capital indigent defense Director of Communications We commend the report, which was through correspondence services, resulting in a Mark A. Tarasiewicz the result of a thorough two-year exami- with state officials and failure to afford uniform, Senior Managing Editor nation by the Pennsylvania Death Penalty legislators, testimony, quality representation to Jeff Lyons Assessment Team of the ABA’s Death editorials and forums. many capital defendants; Penalty Moratorium Implementation For nearly a decade, inadequate access to Copy Editor Project. We applaud the contributions of our Association has experts and investigators; Adrienne Cornwall the Philadelphia-based members of the supported a moratorium on executions lack of statewide data on death-eligible Executive Director ABA’s Assessment Team, including Profes- in Pennsylvania until such time as the cases; significant limitations on post- Kenneth Shear sor Anne Bowen Poulin of the Villanova fair and impartial administration of the conviction relief; significant capital juror University School of Law (chair); Profes- death penalty can be ensured and the risk confusion; and racial and geographi- The Philadelphia Bar Reporter (ISSN 1098-5352) is published monthly and available by subscription for $45 sor David Rudovsky, senior fellow at the that innocent persons may be executed is cal disparities in Pennsylvania’s capital per year by the Philadelphia Bar Association, 1101 Mar- University of Pennsylvania Law School; minimized. In November 1997, the Phil- sentencing. ket St., 11th floor, Philadelphia, Pa. 19107-2911. Period- and Gregory P. Miller, founding share- adelphia Bar Association joined the ABA The report also includes a detailed icals postage paid at Philadelphia, Pa. POSTMASTER: holder of the law firm of Miller, Alfano & and the Pennsylvania Bar Association in series of recommendations to improve Send address changes to Philadelphia Bar Reporter, c/o Philadelphia Bar Association, 1101 Market St., 11th Raspanti, P.C. The team also included a calling for a nationwide moratorium on Pennsylvania’s death penalty proceedings floor, Philadelphia, Pa. 19107-2911. Telephone: (215) Delaware County Common Pleas Court executions until policies and procedures to ensure fairness at all stages. They in- 238-6300. Association Web site: philadelphiabar.org. judge and an assistant district attorney are implemented to ensure due process. clude requiring all law enforcement agen- Newspaper e-mail address: [email protected]. The editorial and other views expressed in the Phila- from Montgomery County as well as The resolution cited “a substantial risk, continued on page 12 delphia Bar Reporter are not necessarily those of the Association, its officers or its members. Advertising rates and information are available from Howard Hyatt at MediaTwo, 1014 W. 36th St., Baltimore, MD, 21211. Telephone: (410) 902-5797. Sections, YLD Schedule Holiday Events Page 1 skyline photo by Edward Savaria, Jr./PCVB Th e Pr o b a t e a n d Tr u s t La w Se c t i o n For more information or to purchase kicks off the holiday season with its tickets to any of these events, visit Annual Reception on Tuesday, Nov. 27 WebCheck philadelphiabar.org Tell Us at the Radisson Plaza-Warwick Hotel beginning at 5 p.m. What You Think! The State Civil Litigation Section will Award and Harris Steinberg of Penn and public interest attorneys. A special The Philadelphia Bar Reporter hold its Annual Meeting and Reception Praxis will present the keynote remarks. package including a ticket to the event welcomes letters to the editors for on Wednesday, Nov. 28 at the National Tickets are $40. and a contribution to the Higginbotham publication. Letters should be typed. Liberty Museum, 321 Chestnut St., The Young Lawyers Division will Scholarship is also available for $100. The There is no word limit, but editors beginning at 5:30 p.m. Tickets are $45. hold its Annual Holiday Party on Thurs- Section will present its annual Andrew reserve the right to condense for The Family Law Section will hold its day, Nov. 29 at Triumph Brewing Com- Hamilton Award at the program. clarity, style and space consider- Annual Dinner on Wednesday, Nov. 28 pany, 117 Chestnut St., from 6 to 9 p.m. The Criminal Justice Section Annual ations. Letters must be signed to at Davio’s Northern Italian Steakhouse, The Workers’ Compensation Section Reception and Awards event will be held verify authorship, but names will be 111 S. 17th St. Tickets are $60 for em- Holiday Party will be Tuesday, Dec. 4 Dec. 6 at 5:30 p.m. at Loews Philadelphia withheld upon request. Letters may ployees of the First Judicial District; $65 at the Pyramid Club, 1735 Market St., Hotel, 1200 Market St. Court of Com- be mailed, faxed or e-mailed to: Jeff for members of the Family Law Section where the Martha Hampton Award will mon Pleas President Judge C. Darnell Lyons, Senior Managing Editor, Phila- delphia Bar Reporter, Philadelphia and $70 for non-members. There is no be presented. Tickets are $40. Jones II will receive the Section’s Thur- Bar Association, 1101 Market St., charge for Family Court judges to attend. The Public Interest Section Annual good Marshall Award. Tickets are $45. 11th floor, Philadelphia, Pa. 19107- The Real Property Section Annual Reception and Awards Ceremony will be The Tax Section will hold its Annual 2911. Phone: (215) 238-6345. Fax: Meeting will be held at Loews Philadel- Wednesday, Dec. 5 at 5 p.m. at Loews Meeting and CLE on Wednesday, Dec. (215) 238-1159. E-mail: reporter@ phia Hotel, 1200 Market St., on Thurs- Philadelphia Hotel, 1200 Market St. 12 at the Rittenhouse Hotel, 210 W. Rit- philabar.org. day, Nov. 29 at 12 p.m. Karen Black of Tickets are $50 for members of the Public tenhouse Square. For more information BIA will receive the Section’s Good Deed Interest Section and $35 for government about the CLE, please visit pbi.org. philadelphiabar.org November 2007 Philadelphia Bar Reporter 3 Reich Select Greater Phila.’s Morr continued from page 1 to Speak at Nov. 26 Program Previous winners of the Wachovia Fidelity Award are William R. Klaus (1966); Frank Zal (1967); Sidney Schul- Thomas G. Morr, presi- with the firm of Michael F. man (1968); Fairfax Leary Jr. (1969); dent and CEO of Select Colley and Associates of Co- Herman I. Pollock (1970); Leon J. Greater Philadelphia, will lumbus, Ohio. Obermayer (1971); Robert D. Abrahams discuss the organization’s ef- Morr serves as a member (1972); Elwood S. Levy and Edward forts and successes in attract- of the National Air and Space W. Madeira Jr. (1973); Henry T. Reath ing companies nationally and Museum Board at the Smith- (1974); Edwin D. Wolf (1975); Marjorie internationally to this region sonian Institution, and is a Greenfield and James R. Redeker (1976); and how the Bar Association member emeritus of the Board Judge Nochem S. Winnet (1977); Mor- can assist with those efforts on and Executive Committee of Morr ris L. Forer (1978); William E. Zeiter Monday, Nov. 26. the Washington Airports Task (1979); Lewis H. VanDusen Jr. (1980); Select Greater Philadelphia Force and of the Washington John Rogers Carroll (1981); Robert W. is a regional economic development Dulles Foreign Trade Zone. He is a past Abraham C. Reich Sayre (1982); Frank J. Benasutti and marketing organization created to pro- chairman of the Board of Directors of the Michael A. Bloom (1983); Seymour I. er and Bruce A. Franzel (1996); Gerald mote the Greater Philadelphia region as a Virginia Tourism Corporation, an affiliate Toll (1984); Henry W. Sawyer III (1985); A. McHugh and Joseph A. Torregrossa premier business location. The program is of the Virginia Economic Development Carl Oxholm III (1987); Francis P. (1997); André L. Dennis (1998); Wil- sponsored by the Real Property Section, Partnership. He has also co-chaired the Devine III (1988); Robert B. Wolf and liam H. Ewing (1999); David T. Sykes Business Law Section and International Governor’s Commission on Develop- Maureen McCullough (1989); William (2000); Robert C. Heim (2001); Barbara Law Committee. ment of the Virginia Travel and Tourism H. Brown III (1990); Alba Martinez- Sicalides (2002); Larry Fox (2003); Frank Prior to joining Select Greater Phila- Industry. He is the former chairman of Velez (1991); Richard N. Weiner (1992); J. Montemuro (2004); Lawrence J. Beaser delphia in June 2005, Morr served as the World Cities Alliance. Thomas B. Rutter (1993); David N. (2005); Stephen D. Brown and Samuel the managing partner of the Greater The program begins at 12 p.m. and Hofstein and Mary Gay Scanlon (1994); W. Silver (2006). The award was not Washington Initiative, an organiza- will be held in the 11th floor Conference David Unkovic (1995); Suzanne E. Turn- presented in 1986. tion that markets the National Capital Center of Bar Association headquarters, area. He earned his Juris Doctor degree 1101 Market St. Lunch is available for To order tickets for the Annual from American University in Washing- $7.50 for those members who register Meeting Luncheon on Tuesday, Dec. ton, D.C. and a Bachelor of Arts degree in advance. Visit philadelphiabar.org to WebCheck 4, visit philadelphiabar.org. from Ohio University. He practiced law RSVP for this program.
4 Philadelphia Bar Reporter November 2007 philadelphiabar.org CRIMINAL JUSTICE SECTION City Needs Better Focus to Fight Crime, Nutter Says n By Heather J. Holloway “Only a minority of Philadelphia residents are committing a majority of Philadelphia suffers from a lack of the crimes with illegal weapons and those focus, discipline and initiative in its battle who are not carrying illegal weapons have against crimes, especially those commit- nothing to fear from the initiative,” he ted with illegal weapons, Democratic said. The initiative will be further devel- mayoral candidate Michael Nutter told oped and implemented with the oversight members of the Criminal Justice Section, of an advisory committee; police officers adding he intends to use New York as a will be retrained and will have extensive model for improvement if elected. supervision; issues and problems will be Nutter said New York is expected to tracked and addressed; and the public report its lowest homicide figure since will be kept informed through educa- 1962. On the other hand, Philadelphia, tional campaigns. Nutter’s goal is not to which has a population that is five times have officers spend the majority of their smaller than New York, surpassed its time stopping, questioning, and frisking northern neighbor in the number of people; rather, the goal is to change the homicides reported for the year based on culture and mindset of the community
March/April 2007 statistics. The former about carrying illegal weapons. Photo by Jeff Lyons city councilman ad- Recalling a recent Michael Nutter dressed the section at discussion with to ensure that they are employing ex-of- paths to pursue public service roles. its Sept. 25 meeting. Podcast inmates at Grater- fenders who are in need of employment. He addressed the ford Prison, Nutter Calling on community action, Nutter Heather J. Holloway, an associate at Thorp Family Law Section Spotlight noted concerns encouraged those in attendance to con- Reed & Armstrong, LLP, is an associate editor on Oct. 1. Nutter’s Visit philadelphiabar.org to listen to that younger adults sider a temporary detour from their career of the Philadelphia Bar Reporter. Republican oppo- the podcast from this meeting. have no idea of the nent, Al Taubenberg- consequences of their er, addressed the Section on Oct. 30. actions (e.g., that a life sentence is indeed Nutter intends to focus on building re- life). Studies show that grades 6 through EAST FALLS • MANAYUNK lationships with legislators in Harrisburg, 8 represent a turning point for most leaders in the five surrounding counties, young adults who grow up to become of- as well as relationships with leaders across fenders. Therefore, it is important to give NOW the state. He cautioned that Philadelphia young adults proper role models; begin LEASING! cannot wait for Harrisburg to act but conflict resolution training at an early age; instead needs to coordinate the resources and invest in educational, vocational and that it already has and stop complaining after-school programs. “We must also about that which it does not have. Nutter remember that college is not for everyone is prepared to make short, medium and and resist efforts to cut non-academic long-term investments to have long-term courses and programs when faced with positive results but stressed the impor- budget problems. A trade class, art class tance of having a plan to deal with the or music class may be the one thing that homicide problems that exist in Philadel- keeps some students coming to school phia today. every day,” he said. Noting that almost all homicides Nutter also seeks to address the prob- committed within the city are committed lem of ex-offenders who become repeat with illegal handguns, Nutter defended offenders. Nutter favors alternative sen- his “Stop-Question-Frisk” initiative, an tencing and is exploring ways to address aggressive pursuit of illegal weapons that prison overcrowding on a case-by-case ba- Nutter also characterizes as “Stop-Think- sis. Upon release, however, ex-offenders Don’t Carry.” Nutter acknowledged are returning to the same neighborhoods civil rights concerns but stated that his with the same substance abuse problems program will be pursued within the para- and without education or jobs. Employ- Luxury Apartment Homes mters of the constitution. “Philadelphians ment opportunities are key to resolving New Construction also have a right to be free from being the repeat offender problem. The city shot,” he said. Nutter defended the initia- must be the first employer to reexamine • Direct access garage • Coffered ceilings & wood flooring tive against concerns of racial profiling, its hiring practices, followed by those • 10’ ceiling with bay windows • Wine racks & plant shelves stating that the initiative is about crime, vendors that contract with the city, setting • Business center • Pool/Fitness center not race. If you are carrying an illegal examples for other employers, he said. If weapon, Nutter said he is coming after elected, Nutter also intends to work with 4055 Ridge Avenue • (215) 438-4888 • www.dobsonmillsapartments.com you, regardless of your race. employers like the construction industry philadelphiabar.org November 2007 Philadelphia Bar Reporter 5 Bar Announces Ratings for Judicial Election
Chancellor Jane Dalton and Shel- complete “Voters Guide to the Judicial involvement. The complete criteria are betically, were found NOT RECOM- ley R. Smith, Chair of the Association’s Elections.” Dalton said the Association available from the Bar Association. MENDED for retention to the Munici- Commission on Judicial Selection and wants voters to know “not just who to The following judges, listed alphabeti- pal Court: Retention, have announced the results of vote for but why the judicial elections are cally, were found RECOMMENDED Georganne V. Daher the Commission’s investigation into the so important and why we invest so much for retention to the Court of Common Deborah S. Griffin qualifications of candidates for Phila- time and energy in reviewing and rating Pleas: The Commission reiterated its ratings delphia’s Court of Common Pleas and these candidates. This is the one place for Mark I. Bernstein of the following candidates who have Municipal Court in the Nov. 6 general voters to find thorough, non-partisan, Gary DiVito been found RECOMMENDED for election. objective ratings of the candidates.” John W. Herron election to the Court of Common Pleas: In addition, the Judicial Commis- The Commission on Judicial Selec- C. Darnell Jones II Linda Carpenter sion also released the results of a poll of tion and Retention is independent and Barbara A. Joseph Alice Beck Dubow all Philadelphia lawyers conducted for non-partisan. It includes lawyers and Shelley Robins New Michael Erdos the Bar Association earlier this year by non-lawyers. Among the members of Rosalyn K. Robinson Joyce Eubanks Votenet. The poll invited respondents the Commission are the chief public de- Peter F. Rogers Ellen Green-Ceisler to rate specific aspects of the judicial fender, the president judges of the Com- M. Teresa Sarmina The Commission reiterated its rating performance of each of the retention mon Pleas and Municipal Courts, and Edward R. Summers of the following candidate who has been judges. Under the bylaws of the Associa- representatives from the Asian, Hispanic The following judges, listed alphabeti- found RECOMMENDED for election tion, the poll is not binding upon the and African American legal groups. cally, were found RECOMMENDED to the Municipal Court: Commission’s deliberations, although it The ratings by the 30-member Judicial for retention to Municipal Court: Joseph J. O’Neill must be published with the Commission’s Commission follow extensive study and Teresa Carr Deni The Commission reiterated its rating findings. The complete poll results are investigation by five-member panels of Ronald B. Merriweather of the following candidate who has been available from the Bar Association. the Commission’s own 120-member Wendy L. Pew found NOT RECOMMENDED for Dalton pointed out that the Associa- investigative division, which includes Louis J. Presenza election to the Municipal Court: tion’s Campaign for Qualified Judges has 40 non-lawyer members. Those found The following judges, listed alpha- Jacquelyn Frazier-Lyde launched a pop-up window that appears Recommended satisfied a cumulative re- whenever anyone visits the Association’s view of criteria including legal ability and Web site. The window lists ratings that training, trial experience, character and For a complete guide to the Judicial can be printed out and taken to the polls integrity, judicial temperament, mental WebCheck Elections, visit philadelphiabar.org. on Nov. 6. The Web site also features a and physical capacity and community
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philadelphiabar.org November 2007 Philadelphia Bar Reporter 7 Professor: Judge Temin to Receive Kennedy Beccaria Award Nov. 14 is Most Philadelphia Court of Common Court of Common Pleas from 1991 to Pleas Senior Judge Carolyn Engel Temin the present and, since 1994, has served as will receive the 14th Annual the homicide calendar judge, Influential Beccaria Award in a ceremo- bearing the responsibility of ny presented by the Criminal scheduling the entire homi- Justice Section and The cide docket. n By Brian K. Sims Justinian Society of Philadel- Judge Temin chairs the phia on Tuesday, Nov. 14 at Trial Division Education Photo by Jeff Lyons Even though John Roberts serves Prof. Rand E. Rosenblatt City Hall. Committee and co-chairs the as chief justice of the U.S. Supreme The Beccaria Award is Jury Selection Strategic Plan Court, Justice Anthony Kennedy has calls the “reformation of interpretation” presented annually to a judge, Committee. As education become not just the most influential that the court is currently undergoing, scholar or practitioner for chair, she organizes the special justice on the nation’s highest court but explaining that rather than simply over- outstanding contributions to new judges’ orientation pro- perhaps the most influential justice of ruling precedential decisions, the court the cause of justice and the Temin gram and other educational the modern era, a constitutional scholar is allowing them to stand, but drastically advancement of legal educa- programs. told members of the Women’s Rights and changing their existing interpretation. tion. Cesare Beccaria was an 18th century Judge Temin served as an assistant dis- Civil Rights Committee. “Roberts was asked whether he would Italian scholar whose writings presaged trict attorney for seven years and assistant Rutgers University Camden Law respect precedent and he said he would the dawn of the modern penal system. defender with the Defender Association School Professor Rand E. Rosenblatt also not overrule a past decision unless it had This year’s award recognizes Judge Temin’s for six years. She is a 1958 graduate of the criticized Chief Justice Roberts for failing proven unworkable, or its basis in law distinguished achievements in the field of University of Pennsylvania Law School. to live up to the testimony he gave during had been eroded by other Supreme Court criminal justice. The ceremony begins at 5 p.m. in his confirmation hearings. decisions,” said Rosenblatt. Judge Temin was initially elected to a Room 202 of City Hall with a reception “When Chief Justice John Roberts was As a formal matter, Rosenblatt ex- 10-year term to the Court of Common afterward. being considered for the court, he said plained that the court only overturned Pleas in 1984 and was retained for a The program is open to all members of that he hoped he could lead the court to three earlier precedents in 2007 but second term beginning in 1994. She has the bench and bar and to area university more unanimous and instead had made served in the Homicide Division of the law students. less fractured deci- changes to “interpre- sions. A sharply di- Podcast tation” of precedential vided court suggested decisions in areas of to the public that the Spotlight school segregation, court was politicized Visit philadelphiabar.org to listen to equal pay for mi- the podcast from this meeting. and cast doubts on norities, freedom of its legitimacy as a speech, the separation court of law,” Rosenblatt said at the Oct. of church and state, and others. 1 program. “One obvious example,” said Rosenb- Instead, said Rosenblatt, there has latt, “is the change to the court’s interpre- not been any decline in the number of tation of existing abortion laws.” Rather 5-4 decisions so far this year and in fact, than overrule the precedent set by Casey the 33 percent of Supreme Court cases v. Planned Parenthood of Southeastern decided this year by a 5-4 margin is the Pennsylvania, Rosenblatt discussed how highest in recent history. the court effectively removed many of “Of those 24, 5-4 decisions, 19 of the protections established by Casey by them were decided on ideological lines reinterpreting the standard by which the between liberal and conservative ideolo- state can challenge abortion procedures. gies,” of which the conservative view- In banning partial-birth abortion, he OVER 90% OF LAW FIRMS point prevailed in 13 of the 19 decisions said, the court opened up the existing REPORTED TAPES BREAKING “because they were joined by Justice precedent to allow future challenges to DOWN OCCASIONALLY OR FREQUENTLY, IMPACTING Kennedy,” Rosenblatt said. other abortion laws based not on medical THE PRODUCTIVITY OF THEIR He was quick to note that Justice necessity and proven science but instead ATTORNEYS AND SECRETARIES* Kennedy was in the majority 100 percent on gray definitions of “public sensibility” 60,000 attorneys worldwide no longer of the time in those cases and that he dis- and “societal values.” have this problem. The BigHand3 Digital Dictation system makes your sented only twice in the 68 decisions writ- Overall, Rosenblatt’s discussion of daily workload easier to manage ten by the court in 2007. “There has not Justice John Roberts’ first full term on and protects work already drafted. The software is now used by over been a term since the mid-1960s,” said the bench was rife with challenges to the 450 fi rms worldwide. Rosenblatt, “that a justice has dissented “clear partisan lines” he has seen drawn two or fewer times.” in recent years and certainly left attendees “To give you some perspective on what wondering whether the court will ever WWW.BIGHAND.COM *Based on results received from a survey sent to 100 law fi rms. that means, Justice O’Connor, who was get back to a “more unanimous and less BigHand Digital Dictation the previous swing justice, was in the fractured” period. supplied by Graffen Business Systems majority in about 66 percent of the 5-4 email: [email protected] cases,” he said. Brian K. Sims is an associate editor of the tel: 610.825.3737 Rosenblatt also discussed what he Philadelphia Bar Reporter.
8 Philadelphia Bar Reporter November 2007 philadelphiabar.org bar-news media committee Press Freedom, Sources, Shield Law Debated n By Asima Panigrahi
The phrase “freedom of the press” needs to be constantly reexamined because the term “press” is always in flux and “freedom is defined by whoever is in power, or who has the power to enforce those freedoms,” a panelist told members of the Bar-News Media Committee and a group from the Philadelphia Public Relations Association on Oct. 3. “People get their information in a lot of different ways, and it is not up to us as a society to say what is legitimate,” added David Brown, president of BrownPart- ners, a public relations firm. Brown was joined on the panel by Michael Berry of Levine Sullivan Koch & Schulz, L.L.P.; Photo by Jeff Lyons Panelists for the Oct. 3 program on freedom of the press included (from left) Michael Berry, Adam Bonin, David Brown, Prof. Jan Ting of Temple University Beas- Don Polig and Prof. Jan Ting. The panel was moderated by Anne Gordon. ley School of Law; Don Polig, a producer at WHYY and Adam Bonin, a partner at considerations. against the use of shield legislation that is currently before Cozen O’Connor. Anne Gordon, former Gordon said anonymous sources, Congress. Bonin addressed the problem- managing editor of The Philadelphia shield laws have re- Podcast but that “the interests atic issues arising from the government Inquirer and current partner at Dubilier ceived negative press Spotlight of justice override the defining the concept of “journalism” and & Co., served as moderator. due to several rare, yet non-constitutional, noted that freedom of the press cannot Gordon opened the discussion by ask- high-profile cases. She Visit philadelphiabar.org to listen to selfish and lazy be limited to “press that the government the podcast from this meeting. ing each panelist if freedom of the press further noted that interests of journalists decides is responsible press.” Ting argued was in jeopardy, and proposed lack of many local Philadel- who don’t want to do that “all shield laws are bad; they have civic engagement, financial, judicial and/ phia stories, such as the corruption in the investigative work it takes to establish nothing to do with freedom of the press or political factors as potential reasons. City Hall and the Philadelphia Police De- a story.” and they have nothing to do with the Ting adamantly denied that freedom partment, would have not been revealed In discussing WHYY’s partnership First Amendment.” of the press is in jeopardy and argued but for anonymous sources. Berry further with the Philadelphia Daily News in The “Journalists make mistakes, they are that shield laws are an “attempt to reach a reinforced this argument by pointing out Next Mayor project, Polig, the only jour- human, and when they make big mis- corrupt bargain between lazy government that the majority of stories on the cover nalist on the panel, noted that “people takes, they get sued,” said Berry. officials and lazy and corrupt journalists.” of the Oct. 3 Philadelphia Inquirer came have less time, ironically, to find the The panel also discussed the impact that from anonymous sources. Polig said that source of their struggles, which they could Asima Panigrahi, an associate at White and high profile cases such as Wen Ho Lee most sources would not want to talk with a healthy and engaged press.” Williams LLP, is an associate editor of the and Valerie Plame have had on free press without anonymity. Ting said he is not The panel then discussed the federal Philadelphia Bar Reporter.
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