October 22- 28, 2006

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Law Students from Around the Globe Participating in 25th Annual Information Technology Competition

The Center for Information Technology and Privacy Law at The John Marshall Law School will welcome 27 teams for the 25th annual International Moot Court Competition in Information Technology and Privacy Law Oct. 26, 27 and 28.

Professor Leslie Ann Reis, director of the center, will welcome international teams from Nyaya Vidhya Parishad Law College, Lucknow University Faculty of Law and National Law University Jodhpur in India and Macquarie University Division of Law in Australia.

U.S. competitors will represent Benjamin N. Cardozo School of Law, Yeshiva University, Brooklyn Law School, Campbell University School of Law, Chicago-Kent College of Law, Franklin Pierce Law Center, Georgia State University College of Law, Loyola University New Orleans School of Law.

Michigan State University College of Law, New York Law School, Northern Illinois University College of Law, Pepperdine University School of Law, Seton Hall University School of Law, South Texas College of Law, Southern Methodist University—Dedman School of Law.

Southwestern University School of Law, Stetson University College of Law, Texas Tech University School of Law, Texas Wesleyan University School of Law, University of California-Hastings College of Law, University of Dayton School of Law, University of Florida - Levin College of Law, University of Wisconsin Law School and Whittier Law School.

This year's problem focuses on Internet social networking pages and the harm that can be done by persons who either knowingly or unwittingly post information about others. In the problem, a woman whose relationship with a college football player was broken off is so angry that she posts misinformation about him. Once recruiters see this information, they withdraw his endorsements and numerous offers.

The question is whether she can be held responsible for his scarred reputation and loss of income. The problem was written during the summer by an independent study class under the direction of Professor David Sorkin. Questions about MySpace and other social sites are often in the news but researching for case law and court decisions on these issues was difficult, explained William Greubel, a member of the class and editor-in-chief of the John Marshall Journal of Computer and Information Law.

The problem can be found at http://www.itmootcourt.com/record2006.pdf.

"We recognized this as a traditional tort claim but these issues are very current," he said. Students also did research on sports teams and their restrictions on what is expected of players and what they can post on-line. They also did extensive research to write the bench memo.

The dozens of attorneys and judges who evaluate the student participants find that the competition gives them insights into cutting-edge areas of the law.

"The competition has very stimulating, timely problems. I often find that the issues these students are examining and arguing are in the embryonic stages, but are fast becoming issues we'll be dealing with in the courts in the not too distant future," said Judge Charles Norgle of the U.S. District Court of the Northern District of Illinois.

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Chinese Students Enjoy Luncheon

Attorneys from China's State Intellectual Property Office gathered for the Chinese Mid-Autumn Moon Festival luncheon. Joining these 11 LL.M. in intellectual property law students were (seated from left) Acting Dean John Corkery; Alan W. Lepp, deputy senior staff attorney of the U.S. Court of Appeals for the Seventh Circuit; Dorothy Li, co-director of the Asian Alliance Programs; Counsel Xu, Counsel for Education from the Chinese Counsel General's Office; and Associate Dean Gerald Berendt; and (standing second from left) Professor Kevin Hopkins, co-director of the Asian Alliance Programs.

Acting Dean John Corkery welcomed LL.M. in intellectual property law students (from left) Yibo Sun, Yan Zhang, Yang Cheng and Xu Han. They came to John Marshall from Jilin University, the People's Republic of China.

The Chinese Mid-Autumn Moon Festival was also a farewell lunch for Jin Zejian (left), chief of the research section of the Re-Examination Board of the State Intellectual Property Office in Beijing, China, who was a visiting scholar at John Marshall during the 2005-2006 academic year. Wishing him well are Acting Dean John Corkery (center) and Counsel Xu, counsel for education from the Chinese Consulate Office in Chicago.

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Students Share Their Experiences in International Law Programs

Third-year students at The John Marshall Law School offered information on their experiences in international law to first- and second-year students at a Sept. 25 program hosted by the International Law Society.

The speakers offered personal experiences on how they developed their interests in international law through international internships and clerkships, writing for international law publications, competing in international law moot court competitions and prosecuting cases overseas.

About 40 students attended the program to hear how these third-year students got started in international law. John Marshall students have had opportunities to attend programs with attorneys practicing international law, but Julia Bikbova, president of the International Law Society, designed this program from a student's perspective.

"This event was the first of its kind to involve student speakers who are planning international law careers. The students spoke from experiences they've had through the international opportunities John Marshall has offered, and of the faculty members who personally encourage them," Bikbova said.

Guest speakers were:

Elizabeth Mirza Al-Dajani who spoke of her research and the articles published in American Bar Association's (ABA) International Law Section publication;

Alén Takhsh completed an ABA international internship, and is researching for articles he is writing on issues dealing with Iran, and the importance of foreign languages.

Joseph Lin spent this past summer working in Cambodia for the U.S. State Department, and also spoke of his previous work in Cambodia for a non-governmental organization that took him into court to fight human traffickers who force young girls into prostitution.

Bryan Jones spent this past summer prosecuting patent cases in China through an internship arranged by John Marshall's Asian Alliances Program, and the previous summer he was part of the Czech study abroad program.

Shama Patari shared her many international moot court competition experiences, her work as a law clerk with an international trade law firm in Chicago, and her work through the Center for International Business and Trade Law's LL.M. program.  

John Marshall students who shared their stories at the International Law Society event were (from left) Joseph Lin; Shama Patari; Julia Bikbova, president of the International Law Society; Bryan Jones; Elizabeth Mirza Al-Dajani; and Alén Takhsh.

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Latin American IP Group Sponsors Attorney's Studies

Eduardo Pieri of Rio de Janeiro, Brazil, is an intellectual property (IP) law graduate student at The John Marshall Law School for the 2006-2007 academic year thanks to his winning entry in a competition sponsored by the Inter-American Association for the Protection of Industrial Property (ASIPI), an association for intellectual property attorneys of Latin America.

Pieri is the second student selected to attend John Marshall on scholarship after winning the writing competition. His essay, "Intellectual Property issues regarding Ambush Marketing and Broadcasting of the FIFA World Cup" (Propiedade Intelectual frente ao Ambush Marketing e Broadcasting Da Copa Do Mundo) won him travel and living expenses while in Chicago.

Coming to the United States to study intellectual property law is a tremendous boost to Pieri's career. He is working for the firm Dannemann Siemsen Advogados and has been dealing with American clients. Pieri, who earned his law degree in 2002, believes his LL.M. degree will help him better understand IP language and laws that are familiar to Americans. That, in turn, will help him compare and contrast laws for clients who need to understand how IP issues are handled in Brazil.

Pieri was anxious to come to The John Marshall Law School. He learned about its nationally recognized IP program from two partners at the Rio de Janeiro law firm who also have LL.M. degrees through the Center for Intellectual Property Law at John Marshall.

"The IP program at The John Marshall Law School is excellent. I'm very happy with the courses and my professors, many of whom are experienced practitioners in their field," he said.

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Faculty Activity and Publications

Professor Celeste Hammond

Activities

She has been notified by Charles R. Middleton, president of Roosevelt University, of her re-appointment as a member of the Advisory Board of the Chicago School of Real Estate and the Marshall Bennett Institute of Real Estate, Walter E. Heller College of Business Administration at the university. She has been a board member the past four years.

The Chicago School offers an M.B.A. with a concentration in real estate, as well as an M.S. degree that specializes in real estate with business aspects as the concentration.

Professor Doris Estelle Long

Activities

She received a U.S. Speaker's Grant from the US Department of State for her work in Macedonia where she was a guest of the U.S. Embassy staff in Scopje, Macedonia, sharing insights into intellectual property (IP) and IP enforcements.

While in Macedonia, Professor Long was guest lecturer at the European University in Scopje and See University in Tetovo where she addressed business, public administration and law students and faculty on the fundamentals of international intellectual property. She conducted several press interviews on the role of intellectual property protection in Macedonia and participated in a roundtable discussion with judges, lawyers and trade association representatives on IP enforcement.

On Oct. 3, 2006, Professor Long spoke on "Who Owns Ideas? The U.S. Perspective," at the public presentation on intellectual property rights, sponsored by the U.S. Embassy in Scopje, Macedonia, discussing the economic role of intellectual property ownership in Macedonia's future commercial and industrial development.

On Oct. 4, 2006, she participated in a roundtable on intellectual property, co-sponsored by the American Chamber of Commerce and the U.S. Embassy in Scopje, Macedonia. In her first speech, on "Using Intellectual Property to Protect Your Business: The International Perspective," Professor Long discussed the role of intellectual property in developing a knowledge-based economy and the techniques that Macedonia could use to develop its culture industries to meet those goals. In her second presentation, "Some Practical Suggestions for Self Help Remedies," she suggested methods that IP owners in Macedonia could take to assist in enforcing their intellectual property rights against growing piracy and counterfeiting challenges in Macedonia.

On Oct. 13, 2006, Professor Long spoke at the Current Issues in Trade Secret Law Workshop sponsored by the Berkeley Center for Law and Technology on The Indeterminacy of Trade Secret Protection Under International Standards. In her presentation she discussed the current lack of a true harmonization standard for trade secrets despite the presence of Article 39 of TRIPS, protecting "undisclosed information." She suggested that the reliance on unfair competition standards, represented by the inclusion of the "contrary to honest commercial practices" standard necessarily precluded the development of a predictable standard.

On Oct. 16, 2006, Professor Long met with 10 advertising officials from Azerbaijan as part of the U.S. Aid for International Development (AID) program "Strategic Technical Assistance for Results with Training" (START). She spoke on advertising regulations from an IP perspective, discussing various trademark, copyright and false advertising claims and issues that agencies face in the U.S. On October 20, 2006, Professor Doris Estelle Long spoke at the American Intellectual Property Law Association's Annual Conference in Washington, D.C. on Copyright Laws Across The Border: Extraterritorial Enforcement. In her presentation, she examined the conflicting approaches to extraterritorial application of US copyright law in connection with subject matter jurisdiction and discussed the practical impact of these differing approaches on current litigation practice, including damage claims. She concluded by suggesting that increasing international acceptance of authorization as a basis for at least contributory liability may lead to a re-examination of its role in extraterritoriality decisions under US copyright law.

On October 27th she will be presenting her article on Dissonant Harmonization: Limitations on Cash `N Carry Creativity in New York as part of the Multidisciplinary Conference on Keeping Current: IP/Technology Conference and will also be serving as a commentator. Publications: Her paper Copyright Laws Across The Border: Extraterritorial Enforcement was published as part of the conference proceedings for the AIPLA's Annual Conference.

Publications

Her updated article "Practical Tips for Combating the Scourge of Global Piracy" has been translated into Macedonian and is available on the website for the U.S. Embassy in Scopje. Professor Long has also authored two articles for inclusion in The Encyclopedia of US American Indian Law and Policy to be published by the Congressional Press Quarterly 2006. The first article deals with "mascots" and discusses the legal and policy implications of challenges to the use of unauthorized or exaggerated, caricatured, disparaging or inappropriate depictions of American Indian peoples and customs as team names, nicknames, mascots and other associated sports activities. In the article, Long discusses the history of the use of such mascots, as well as current legal challenges based on intellectual property and civil rights claims. The second article deals with "trademarks and tradenames" and discusses the history of the unauthorized use of Native American symbols and insignias as company names and trademarks. It discusses current legal theories to challenge such uses, including disparagement and unfair competition, and concludes with a brief discussion of current efforts by indigenous peoples to protect the authenticity of such marks under the traditional knowledge movement.

Professor Ralph Ruebner

Publications

His article, co-authored with Timothy Scahill, "Crawford v. Washington the Confrontation Clause, and Hearsay: A New Paradigm for Illinois Evidence Law," 36 Loy. U. Chi. L.J. 703 (2005), was cited by the North Carolina Supreme Court in State v. Lewis, 619 S.E.2d 830 (2005) (concurring opinion).

The article was cited in three law journal articles:

"RECENT DEVELOPMENT: The Defense Calls … the Accuser? State v. Brigman and How the North Carolina Court of Appeals Misconstrued Crawford's Application to Available Witnesses," 84 N.C. L. Rev. 2082 (2006); "Crawford v. Washington: A Retro Protection Guaranteeing The Right To Confrontation?" 17 S. Carolina Lawyer 20 (2005); "Confrontation After Crawford v. Washington: Defining `Testimonial'," 10 Lewis and Clark L. Rev. 531 (2006).

The article was also cited to the United States Supreme Court in a petition for writ of certiorari in State of Texas v. Russeau (Jan. 3, 2006) (No. 05-856); and in the reply brief for the petitioner in the United States Supreme Court case of Davis v. Washington, 126 S.Ct. 2266 (2006).

It was also cited in 5C Wash. Prac. Series s 1300.22, s 1300.22, "Law Review Articles and Other Commentary on the Right to Confrontation" (2006).

Professor Mark E. Wojcik

Publications

Mark E. Wojcik, "Add an E to Your IRAC," 35 ABA Student Lawyer Magazine 26 (Nov. 2006).




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Staff Notes

Leslie Ann Reis

Director, Center for Information Technology and Privacy Law

Activities

Reis were re-appointed to the Federal Information Security and Privacy Advisory Board (ISPAB). The federal appointment is given to persons recognized as excellent in the field. ISPAB's mission is to advise Congress, the U.S. Department of Commerce, and Office of Management and Budget on issues affecting security and privacy of information in government computer and telecommunications systems.

She is co-chair of the Federal Privacy Policy Review Subcommittee, a joint subcommittee with the Department of Homeland Security Data Privacy and Integrity Advisory Committee that is leading an 18-month project examining the extent to which changes in the nature and use of information technology by federal agencies have created the need for revision of the legal and policy framework of privacy in the 21st century. The subcommittee's research will result in congressional briefing and a fall 2007 report for Congress and several federal agencies.

Reis is a member of the Illinois Integrated Justice Information System Privacy Policy Subcommittee working on privacy policy guidance to be used throughout the state's law enforcement and justice systems.

She is also a member of the Privacy Task Force, a special task force of the Chicago Bar Association and the Illinois Judges Association that has examined issues of privacy, safety, and security for judges and recommended efforts to keep them and their personal information out of the hands of would-be attackers.

Publications

Reis is the lead author and editor for "Protecting Your Personal Privacy: A Self-Help Guide for Judges and Their Families," published by the Chicago Bar Association and The John Marshall Law School Center for Information Technology and Privacy Law.

"Forward: It's the Counting..." E-Voting Symposium, 23 John Marshall J. Computer & Info. L. 485 (Spring 2005).

Encyclopedia of Privacy (Contributing Author) Greenwood Press (forthcoming 2006).

Her article, "Hippocrates to HIPAA: a Foundation for a Federal Physician-Patient Privilege," 77 Temp. L. Rev. 505 (Fall 2004) (co-authored with Ralph Ruebner), which advocated for the recognition of a federal physician patient privilege, was cited more than a dozen times including:

"The Law of Unintended Consequences: HIPAA and Liability Insurers" (Agnognini) 69 Def.Couns. J. 296 (an ALI-ABA publication); "What Your Genes Know Affects Them: Should Patient Confidentiality Prevent Disclosure of Genetic Test Results to a Patient's Biological Relatives?" (Denbo) 43 Am. Bus. L.J. 561; "NY Prac. Evid. in NY State & Fed. Courts" s 5:23, Federal (2006); 5A Wash. Prac. Series s 501.69A, Federal HIPAA rules (2006); 22 Am. Jur. Proof of Facts 2d 1, "Medical Malpractice—Use of Hospital Records" (2006); 45 Am. Jur. Proof of Facts 2d 595, Protected Communication Between Physician and Patient (2006); 87 Am. Jur. Proof of Facts 3d 259, "Confidentiality of Medical and Other Treatment Records" (2006); 32 Am. Jur. Trials 105, "Unauthorized Disclosure of Confidential Patient Information" (2006); 36 Am. Jur. Trials 695, "Obtaining, Organizing and Abstracting Medical Records for Use in a Lawsuit" (2006); "Review of Selected 2005 California Legislation: Penal: Interplay Investigating: Chapter 133 And Disclosure Of Rape Suspect Exams," 37 McGeorge L. Rev. 323 (2006); and Legislative Testimony re: S.B. 1830, California Senate Committee on Public Safety; Hearing and Bill Analysis AB 998, California Assembly.

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Student Activities

October 23

The Phi Alpha Delta will meet at 5:30 p.m. in room 217.

The DuPage Alumni Association and The John Marshall Law School Alumni Association are sponsoring a winter coat drive now until the end of November. This is affiliated with the "Law Lending a Hand" program. Coats will be collected in the student lounge.

The Decalogue Society will have a bake sale in the student lounge all week and the proceeds will go to charity.

The Children's Law Society/SBA is sponsoring a toiletry drive and the monies raised will be donated to a domestic violence shelter. Articles will be collected in the student lounge.

The ABA WORK-A-DAY projects this year will benefit "Youth at Risk" so stop in the lounge and purchase a blue ribbon for this worthy cause.

October 24

The Polish Society will feature speaker, Renata Szczygiel Seward and she will discuss "Things You Never Learned in Law School". 12:15, room 800.

The Children & Family Law Society will hold "movie night" at a member's house.

October 25

The Middle Eastern Law Students Association/Christian Legal Society/Decalogue Society welcomes you to join them in the student lounge at 5:00 for an "Inter-Faith" dinner.

October 26

The Military Law Society will meet at noon in room 200. Lt. Nicholas Henry of the USMC will speak about the "Rules of Engagement in Iraq".

Phi Alpha Delta Halloween Party at Joe's on Weed Street

October 27

Twice during the year our school hosts the Board of Visitors. These are a distinguished group of business people, academicians, and graduates associated with our school. They are interested in speaking with students regarding their thoughts and concerns about the school. Please come and meet them at 1:30 in room 217. Refreshments will be served.

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Schedule of Events

October 23

  • Chinese Patent Law Reexaminers Training Course, Room 800 of the CBA, 8:30 a.m.
  • Dean's Meeting, Courtroom, 10:00 a.m.
  • Financial Aid Office - Exit Interviews, Room 217, 12:00 p.m. and 4:00 p.m.
  • IBT and IVCC Meeting, Room 1102, 12:00 p.m.
  • Insights II Program, Room 1103, 4:15 p.m.
  • Trial Advocacy Honors Board Meeting, Room 413, 5:00 p.m.
  • Phi Alpha Delta Meeting, Room 216, 5:30 p.m.

October 24

  • Chinese Patent Law Reexaminers Training Course, Room 800 of the CBA, 8:30 a.m.
  • Financial Aid Office - Exit Interviews, Room 217, 12:15 p.m. and4:30 p.m.
  • Insights I Program, Room 503, 12:00 p.m.
  • Insights II Program, Room 403, 12:00 p.m.
  • Polish Law Student Association Meeting, Room 800 of the CBA, 12:00 p.m.

October 25

  • Chinese Patent Law Reexaminers Training Course, Room 800 of the CBA, 8:30 a.m.
  • Staff Brown Bag Lunch, Room 1200, 12:00 p.m.
  • Financial Aid Office - Exit Interviews, Room 1105, 12:15 p.m. and 4:30 p.m.
  • Student Bar Association Meeting, Room 216, 5:00 p.m.
  • PMBR Make Up, Room 413, 6:00 p.m.
  • Welcome Reception for 25th Annual IT Moot Court Competition, Room 3East, 6:00 p.m.

October 26

  • Chinese Patent Law Reexaminers Training Course, Room 800 of the CBA, 8:30 a.m.
  • 25th Annual IT Moot Court Competition, Room 3East, 8:30 a.m.
  • Faculty Works in Progress - Professor Kamp, Room 800 of the CBA, 12:00 p.m.
  • Book Group, Room 1200, 12:00 p.m.
  • Military Law Society Meeting, Room 522, 12:00 p.m.
  • Financial Aid Office - Exit Interviews, Room 428, 12:15 p.m. and 4:30 p.m.

October 27

  • 25th Annual IT Moot Court Competition, Room 3East, 8:30 a.m.
  • Board of Visitors Meeting, Room 1200, 8:30 a.m.
  • PMBR Make Up, Room 532, 9:00 a.m.
  • Symposium on Funded Status of Illinois Public Sector Pension Plans, Corboy Room of the CBA, 9:00 a.m.
  • Board of Visitors Town Hall Meeting with Students, Room 217, 1:30 p.m.
  • Chinese Language Class, Room 503, 4:00 p.m.

October 28

  • 25th Annual IT Moot Court Competition, Room 3East, 8:30 a.m.
  • Board of Visitors Meeting, Room 217, 8:30 a.m.
  • Basic Skills Course, Room 1200, 8:30 a.m.
  • PMBR, Rooms 300 and 503, 10:00 a.m.
  • BLSA Meeting, Room 1101, 11:00 a.m.
  • Hispanic Lawyers Association of Illinois Law School Crawl, Room 300, 11:00 a.m.
  • Insights I Program, Room 409, 1:00 p.m.
  • Insights II Program, Room 403, 1:00 p.m.

October 29

  • PMBR, Rooms 300 and 503, 10:00 a.m.

October 30

  • Dean's Meeting, Courtroom, 10:00 a.m.
  • CSO: Job Search Training for 3Ls, Room 1200A, 12:00 p.m.
  • Insights II Program, Room 1103, 4:15 p.m.
  • Trial Advocacy Honors Board Meeting, Room 413, 5:00 p.m.
  • Phi Alpha Delta Meeting, Room 217, 5:30 p.m.

October 31

  • Insights I Program, Room 503, 12:00 p.m.
  • February 2007 Bar Takers Meeting, Room 428, 5:00 p.m.
  • Latino Law Student Association Meeting, Room 1102, 5:20 p.m.

November 1

  • Alumni Board Executive Committee Meeting, Room 217, 11:00 a.m.
  • Alumni Association Board Meeting, Room 800 of the CBA, 12:00 p.m.
  • Christian Legal Society Meeting, Room 1103, 12:00 p.m.
  • Animal Law Society Meeting, Room 527, 12:00 p.m. and 5:30 p.m.
  • PMBR Make Up, Room 413, 6:00 p.m.

November 2

  • Phi Alpha Delta Meeting, Room 1105, 12:00 p.m. AND 5:00 p.m.
  • The 5th Annual Dominick L. DiCarlo United States Court of International Trade Lecture, Courtroom, 4:30 p.m.
  • Polish Law Student Association Meeting, Room 800 of the CBA, 5:00 p.m.

November 3

  • AIPPI/IP Meeting, Room 1200, 8:00 a.m.
  • PMBR Make Up, Room 532, 9:00 a.m.
  • CIBTL Lecture with Hon. Evan Wallach - Basics in the Law of War: Everything you never wanted to know and were afraid was going to have to be asked, Room 1200, 11:30 a.m.

November 4

  • Basic Skills Course, Room 1200, 8:30 a.m.
  • PMBR, Rooms 300 and 503, 10:00 a.m.
  • BLSA Meeting, Room 1101, 11:00 a.m.
  • Insights I Program, Room 409, 1:00 p.m.
  • Insights II Program, Room 403, 1:00 p.m.

November 5

  • PMBR, Rooms 300 and 503, 10:00 a.m.

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Editor's Note

In the Loop is published by The John Marshall Law School, Chicago, Copyright 2006

Editor: Assistant Dean John M. McNamara; Contributors: Marilyn Thomas, Director, Public Relations and Advertising; Andrea Koklys, Assistant Director, Public Relations and Advertising

All information to be included in In the Loop must be placed in the INTHELOOP folder on the H drive of the law school's computer network by 12 p.m. each Wednesday. When the volume of submissions exceeds the available space in the printed version of In the Loop, additonal material will appear only in the online version of the Newsletter, which can be found on the law school's website at www.jmls.edu.

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Last Updated On: 10/26/06