Vol. 73, no. 2 philadelphia Bar association Quarterly Magazine summer 2010 Going Green Lawyers Do Their Part for Our Environment By Michael B. hayes, KiM R. JessuM and sophia lee From Inner City 10 Questions for to Center City Dean Ken Gormley by Raina Goods by PeteR F. VaiRa L-351113_BrfsSzA.qxd:0 11/5/09 2:30 PM Page 1 © 2009 Thomson Reuters L-351113/8-09 Philly Lawyer:Layout 1 2/24/10 10:04 AM Page 1 The PhiladelPhia lawyer conTenTs Vol. 73, no. 2 philadelphia Bar association Quarterly Magazine summer 2010 Features Departments 4 From the editor by deboRah weinstein 6 Briefs 32 7 in Memoriam 14 The 10 Worst supreme court decisions 8 animal law by daRa loVitz Anot-so-gloriouslookbackatsomeofthemostnotorious Thecaseagainsthorse-drawncarriagesinPhiladelphia decisionseverissuedbythenation’shighestcourt by M. Kelly tilleRy 10 labor and employment law by RobeRt J. hauRin Bigchangesareexpectedintheregulationoflabor 19 The defendant is Guilded managementrelations “I’m averygoodlawyer,”nine-year-oldAnnaproclaimed fromthefrontseatofherfather’scar 12 insurance law by stacy n. lilly by JosePh a. dwoRetzKy Isthehealthcarereformlawconstitutional? 20 Art in the courts 42 Technology by daniel J. sieGel ThecentennialoftheWorkers’CompensationActis UnleashthefullpowerofAdobeAcrobatProfessional commemoratedwithacommissionedpainting by JudGe scott olin 46 Book Review by PeteR F. VaiRa American LightningbyHowardBlum 24 Going Green TheBarAssociationandcitylawofficesdotheirpartforour 48 That Was Then - 1990 environment PhiladelphiaBarAssociation’sAnnual10KRun by Michael b. hayes, KiM R. JessuM and soPhia lee 28 10 Questions for dean Ken Gormley The headoftheDuquesneUniversitySchoolofLawisthe authorofthebestsellingbook,The Death of American Virtue: Clinton v. Starr by PeteR F. VaiRa 32 12 years Running Attorney andself-proclaimedrunninggeekNeillClarkhas wonthelegalcompetitionoftheBarAssociation’s5Krunfor 12straightyears by JeFF lyons 37 I’m not concerned a PoeM by wanda e. FloweRs 38 From inner city to center city 20 One PALyoungster’striumphantjourneytoattorney by Raina Goods ON THE COVER: Members of the Philadelphia Bar Association Green Ribbon Task Force include (from left) Rachel E. Kopp, Co-Chair Michael B. Hayes, Wesley R. Payne, Co-Chair Kim R. Jessum and Sophia Lee. 2 the philadelphia lawyer Summer 2010 COVER PHOTO BY John Carlano The LegaL DirecTory is MORE ValuablE Than EVER! orDer ToDay! NeW For 2010! Search Lawyer And Law Firm Listings On Your Handheld! YOU’LL rECEIvE: > access to the online directory > mobile application so you can search entries on the go NEW! > the print directory It’s all available for one low price: $79.95 Plus shipping/handling and sales tax Online and in print, the 2010 Legal Directory is your most up-to-date source of information on the Philadelphia-area TO ORDER: legal community, featuring hundreds of new lawyer, law Go to firm and government entries! www.thelegaldirectory.org or call ALSO INCLUDED: > corporate counsel section > index of area judges > product and service resources 443-909-7843 > listing of law-related > Bar Association bylaws to have an order form organizations and committees emailed to you. > court rules and fees > And more! Please contact us at 443-909-7843 or [email protected]. QuEsTiOns? The Legal Directory | c/o Media Two | 1014 West 36th Street | Baltimore, MD 21211 from the editor Who’s on First? The Succession Plan B y d e B o R a h W e i n s T e i n nce again, it’s time to implement the magazine’s ofresearchlookingatturnover.Forinstance,itismuchmore established succession plan. Not long after you likelythatayoungerpersonwillleaveanorganizationthanan receivethisissue,mytermasEditor-in-Chiefwill olderperson.Likewise,theexpectationthatpeoplewillretireat end and I will have the pleasure of passing the particularageshasoflatenotbeenbornout. editorshipO to my colleague on the Editorial Board, Kim R. Perhaps the saddest outcomes of the planning process that Jessum.Thegreatthingabouthavingasuccessionplanisthe I have seen are where the identified future leadership leaves pleasureandcomfortofknowingthatanendeavorwillbein before execution of the plan is complete. “If only we had veryablehandsinthefuture. known!” a firm administrator recently told me. “We lost the Succession planning, succession planning, succession peoplewemostwantedtostayandarelookingforexitstrategies planning. You hear it at almost every turn these days. It’s forthepeoplewedon’tseefittingintothefirm’sfuture.” the topic I hear about most from attorneys, law firms and Ifonlytheyhadasked. business people. As we attorneys know, historically in the Thinking about this process brings to mind “Who’s on firms,there’sbeenastronglinkbetweenbusinessdevelopment First?”, the vaudeville comedy routine made famous by Bud andsuccessionplanning.Theattorneywhobringsinthemost AbbottandLouCostello.It’sbuiltonthepremisethatAbbott, businessisoftenviewedastheheirapparentor,atleast,has theteam’scoach,isidentifyingtheplayersonabaseballteam firstdibsatbecomingthefirm’snextleader.Heorsheisthe toCostello,whoisjustjoiningtheteam.Tostartwith,Costello standard-bearerforthefuture.Theplanwritesitself. understandablymustknowtheirnamesandthepositionsofthe Today,however,lawfirmsandbusinessleadersincreasingly otherteammembers.ButthenamesthatAbbottoffersaren’t view a succession plan as the veryhelpful.When,forexample, opportunity to make big changes Costello asks “Who’s on first?”, – changes that go far beyond Abbottanswers“Who.”Costello, pickingthenextchief. however,can’tfigureoutwhether Asaresult,fortoday’sleaders, Abbottissayinghedoesn’tknow oneofthebiggestchallengeshas thenameofthefirstbasemanor become how to shape the future thattheplayer’snameactuallyis of their organizations. It’s a tall “Who.”Thisshtickisrepeatedin order. variousformsfortheotherplayers Some business people and law ontheteam. firm management are already Costello’s attempt to gather carrying out their plans. Others information about the other are just now beginning to think players quickly devolves into seriously about it and wondering mass confusion and hilariously wheretobegin. so. At the same time, Costello OneconcernIhaveisthatyou becomesincreasinglyfrustrated. be careful not to jump in too Comedyaside,asanewmember quicklywithaplanforsuccession. oftheteamCostelloappearstobe Slow down and take stock of askingalltherightquestions. the current situation. Go beyond Whenitcomestodevelopinga runningthenumbers.Takeahard succession plan, Costello’s first look at everyone in your current stepsaretheonesthatshouldbe workforce – lawyers, other pursued–takingstockoftheteam professionals, administrators and (though avoid “Abbotts” at any staff–andevaluatehowtheyfit cost!). ordon’tfitintothevisionofthe Butthen,youneedtogofurther future that you have in mind. – much further. What will your Don’t just rely on your own firm,practiceororganizationlook perceptions or what’s on paper. like in five years? In 10 years? Askaround. Whatdoyouwantittolooklike? Whenitcomestotheworkforce, Wheredoyouwanttobe?What surprising results have come out are the external forces you need PHOTO BY Tommy Leonardi 4 the philadelphia lawyer Summer 2010 The Philadelphia RAISING the BAR on Lawyer Editor-in-ChiEf AIRPORT PARKING Deborah Weinstein Start your travels at WallyPark, the Editorial Board Niki T. Ingram newest premier airport parking facility Kim R. Jessum at PHL, where we open the door to a Daniel J. Siegel higher level of airport parking. We’re Jennifer J. Snyder the closest airport parking facility to Justine Gudenas PHL, and we offer benefits that include Arlene Rivera Finkelstein Steven R. Sher secured, self-parking, 24/7 shuttle May Mon Post service, complimentary amenities and David I. Grunfeld exclusive member programs. It’s airport Stephen Robert LaCheen parking at its absolute finest – and for Harold K. Cohen less than you’d expect. John C. Gregory Richard G. Freeman April M. Byrd Emmanuel O. Iheukwumere Audrey C. Talley Michael J. Carroll James Backstrom Peter F. Vaira Editor Emeritus 1 Scott Way, Lester, PA 19029 (877) WALLY-PK Herman C. Fala Associate Executive director to take into consideration? What’s the Forallofusinthelegalcommunity, Mark A. Tarasiewicz competitionupto?Whocanyoucount these questions must be answered to Managing Editor on for the future? Where’s the dead enhancethelikelihoodthatourpractices, Jeff Lyons wood?What’sthe“successionplanfor our firms, legal departments and legal them?” And finally: Who is going to services organizations will not only be design lead? sustainedbutthrive.Thereisnobetter Wesley Terry For the process to succeed, current timethannowtobeginorcontinuethe leadership must be aligned among successionplanningprocess. themselvesandwiththenextgeneration. Philadelphia Is today’s management truly ready to Deborah Weinstein (dweinstein@ committoaplan?Isthenextgeneration weinsteinfirm.com), editor-in-chief of The Bar Association prepared and committed to executing Philadelphia Lawyer, is president of The ChAncellor theplan? Weinstein Firm, which provides employers Scott F. Cooper Finally,successionplanningisactually with legal consulting, training and litigation on workforce issues. She also teaches Chancellor-Elect for everyone – not just leadership or Rudolph Garcia management.Whataboutyou?Doyou employment law to future managers at The Wharton Business School. Material for Vice Chancellor haveavisionofthefuture?Foryourself? John E. Savoth Forthefirmororganizationwhereyou this column comes in part from a program Weinstein presented earlier this year for the