A Century of History for Dean Fred Herzog

(Taken from comments delivered Sept. 19, 2007, by Professor Ralph Ruebner)

We are here to celebrate a special occasion in the life of a very special person; the centennial of our beloved Fred Herzog.
Fred Herzog is 100 years young. In his lifetime he has witnessed and personally experienced a dynamic century that to date has no rival in human history. And what a life it has been so far. "Life," wrote Goethe, "is the childhood of our immortality." We can all agree, Dean Herzog, that your rich and full life of 100 years brings you a step closer to immortality.
The world, Dean Herzog, which you entered on Sept. 21, 1907, as you began life's journey was a very different world as we know it today.

Like most Europeans, you entered the world a "subject" of a monarch. Your monarch, Franz Josef, emperor of Austria and king of Hungary according to Professor Ann Lousin, a history maven and delightful colleague, was one you admired very much. He had reigned since 1848 and very few of his subjects, including your parents, could remember his predecessor. Kaiser Wilhelm II reigned over the German Empire, and his cousin, Nicholas II was the czar of all the Russias. Their cousin, Edward VII, was king of the United Kingdom. Abdul Hamid II was the sultan of the Ottoman Empire.

Monarchs ruled Belgium, the Netherlands, Spain, Portugal, Italy, Sweden and Denmark. Among the republics, Georges Clemenceau was prime minister of France, and Theodore Roosevelt was president of the United States.

Your future home, the United States, was booming. An estimated 1.25 million immigrants arrived in the United States in 1907, an all time one-year record. More than 338,000 persons from your part of Europe were among them. In the West, a territory called Oklahoma became the 46th state.
In Eastern Europe, there was a great peasants' revolt in the Romanian province of Moldavia which was violently suppressed.

On a more positive note, universal adult suffrage was instituted in Sweden, Finland and Austria.

Czar Nicholas II convened the Second Hague Peace Conference. Every sovereign nation was represented there, including the Austro-Hungarian monarchy. The conference produced significant international humanitarian law, Convention IV, Respecting the Laws and Customs of War on Land, an important statement in its own right and a forerunner to the Geneva Conventions.

It was also a good year for the arts that you appreciate so much. Some of the classical music you love was composed then: Sergei Rachmaninov's Symphony No. 2 and Piano Sonata No. 1; Igor Stravinsky's Symphony No. 1; Jean Sibelius' Symphony No. 3; and Maurice Ravel's Spanish Rhapsody.
Gustav Mahler completed Symphony No. 8, "Symphony of a Thousand." months earlier. The center of the music world was your beloved Vienna. There, Gustav Mahler occupied the coveted post of conductor of the State Opera for 10 years until 1907, when he was chased out of Vienna and Austria by vicious anti-Semitism, rioting, and violence. That year he left for New York City to become the conductor of the Metropolitan Opera.

Franz Lehar's, "The Merry Widow," first staged in Vienna in 1905, made its debut in New York City in 1907.
In Vienna, Oskar Straus staged two new operettas, "A Waltz Dream" and "The Chocolate Soldier," and Leo Fall staged "The Girl in the Train."

1907 was also a good year for art, literature and science.
Henri Rousseau painted the "Snake Charmer"; Henri Matisse painted the "Blue Nude" and Pablo Picasso painted "The Women of Avignon."

Rudyard Kipling won the Nobel Prize in literature; Henri Bergson authored "Creative Evolution"; William James authored "Pragmatism: A New Way for Some Old Ways of Thinking"; Joseph Conrad authored "The Secret Agent" and Maxim Gorky authored "Mother."

In the realm of science, Albert Einstein postulated E=MC2.
Some other famous people, besides you, Dean Herzog, were born in 1907: Chief Justice Warren Burger was born four days before you. Mexican painter Frida Kahlo, English author Dame Daphne du Maurier, historian Jacques Barzun who was born in Paris and moved to the United States as a teenager, Pakistan President Ayub Khan, and baseball great Jimmie Foxx were born in 1907. So were a number of well known performers: Cesar Romero, Robert Young, Katharine Hepburn, Sir Laurence Olivier, John Wayne, Barbara Stanwyck and Gene Autry.
In the world of sports, your beloved Chicago White Sox ended in third place but the Chicago Cubs, with a record of 107 wins and 45 losses, defeated the Detroit Tigers to win the World Series. Perhaps we shall see this again in our lifetimes.
So that was the world that you had entered, Dean Herzog. Recognizing that there were some tragic events in 1907, it was, nonetheless, as the song goes, "A Very Good Year."
So, on this evening, Dean Fred Herzog, we salute you on this special birthday. We openly say, "We admire you; we love you." Would everyone please join me in a toast to wish Dean Herzog a very happy birthday, continued good health and happiness, and in the Jewish tradition, we wish you, Dean Herzog, a life to 120 years.

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Remarks Upon the Life of Dean Fred F. Herzog

(Delivered Sept. 20, 2007, by Professor Ann Lousin)
We are here to celebrate a remarkable person's centennial-and what a life it has been! The brochure (for the Herzog Distinguished Visiting Scholar Lecture) indicates his life in detail, but I want to mention a few highlights of "The Herzog Century."

As the brochure indicates, Dean Herzog was born in Prague, Bohemia, then part of the Austro-Hungarian Empire, on Sept. 21, 1907. The family moved to Graz, Austria, the next year, and Dean Herzog grew up in Upper Austria. His father was both chief rabbi of Graz and a professor of ancient Semitic languages at the university. His mother was musically-inclined. While their older son, Robert, chose to study science, the younger one, Fred, chose to study humanities and the law. After receiving a classical education, he studied at several European universities before receiving his law degree from the University of Graz.

While living in Vienna, Dean Herzog enjoyed the cultural life of that world-renowned imperial city, including singing as a baritone in the symphony chorus and concert societies. As the youngest federal judge in Austria, he also traveled around the country hearing cases. These halcyon years came to an end with the Anschluss and Dean Herzog's dismissal from his lifetime judgeship because he was a Jew. The paradise became a catastrophe.

After spending two years in Sweden, Dean Herzog was able to sail to the United States on a program designed to get young scholars out of Europe on the premise that they would be post-graduate students in America. After several months in New York City, he traveled to Iowa City, Iowa, to enter law school.

Iowa City was in the Middle West; it was not Vienna. As he was walking around Iowa City one late summer evening, still wearing his European three-piece woolen suit, he noticed something odd. As people left their front porches in the late evening to retire indoors, they did not lock their front doors. He reflected on what he had left behind in Europe, thinking to himself: in Vienna we have art museums and symphonies that Iowa City does not have, but we cannot lock our doors tight enough to keep out the Gestapo. We do not have the security that these people have, even behind unlocked doors.
Upon receiving his law degree in 1942, Dean Herzog moved to Chicago and began his second legal career. By then fluent in English, he became editor-in-chief of legal periodicals.
In 1947, Dean Herzog began the career for which he was destined: the academic life. He became a professor and associate dean at Chicago-Kent College of Law; ultimately he became the dean. There are thousands of graduates of Chicago-Kent for whom he is "the dean," and they revere him.
In 1963 Dean Herzog took on yet another role-after being a lawyer, a judge and an academic, he entered public service as special counsel for the Metropolitan Sanitary District. When he took a landmark, pioneering case on water pollution before the United States Supreme Court, the one-time judge from Austria was standing before the nine most powerful judges in the United States, nine judges who enjoyed the judicial independence he had lost in Austria.

In 1972, Dean Herzog continued his service to the public as first assistant attorney general of Illinois. He who had once worked for the people of Austria worked for the people of Illinois. He probably would have ended his career there, but for a happy circumstance. The Board of Trustees of The John Marshall Law School sought him out as a man of vision, wisdom, and experience who could build on the law school's strengths as a school of opportunity in a large city. They chose him to be the Dean of a new John Marshall.

He began by choosing a new faculty, usually on his principle that a liberally-educated person with some experience in the law would make a good law professor. He began by hiring me. Then he hired some others. Of those who are still here, he hired Professors Gerald E. Berendt, Donald L. Beschle, Susan L. Brody, William K. Carroll, Susan M. Connor, John D. Gorby, Celeste M. Hammond, Michael G. Heyman, Allen R. Kamp, Kenneth Kandaras, Diane S. Kaplan, Walter J. Kendall, William B.T. Mock, Timothy P. O'Neill, Randall T. Peterson, Michael J. Polelle, Ralph Ruebner, Michael P. Seng and Paul T. Wangerin.
By the time Dean Herzog took emeritus status and retired as Dean in 1983, the transformation was complete. The John Marshall Law School was a player in American legal education, a law school of many accomplishments and strengths. As one observer has said, "the Herzog deanship changed everything."
The Dean stayed on, keeping an office until he was 99 years old. For many years, he taught part-time. He was recalled to temporary service as Acting Dean from the summer of 1990 until the summer of 1991.

The retirement years have scarcely been a twilight. The man born a subject has lived as a citizen. Active in bar associations and religious and civic societies, he has remained a fixture in the life of The John Marshall Law School and the cultural and legal life of Chicago. He is, as he has been for a century, the fixed point in our universe.

Dean Emeritus Fred Herzog took a deep breath to blow out the candles on his 100th birthday cake at the John Marshall Law School celebration.

Professor Michel Rosenfeld was the guest lecturer for the Dean Fred F. Herzog Distinguished Visiting Scholar Lecture on Sept. 20. Rosenfeld, a professor at the Benjamin N. Cardozo School of Law, spoke on "Balancing Liberty and Security in Times of Stress - Comparing Western Democracies' Approaches to Global Terror."

Madeline Schaal presents Dean Emeritus Fred Herzog with a specially-designed 100th birthday greeting created by her and her friends. Madeline is the daughter of Maridonna Schaal, development coordinator for The John Marshall Law School Foundation.

Among the more than 150 guests joining in the celebration with Dean Emeritus Fred Herzog were staff members (from left) Jodie Needham, director of Academic Services; Sherri Berendt, director of the Office of Alumni Relations; and Olga Losand, administrative assistant in Academic Services.

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Counterterrorism Expert Addresses "Limits of Interrogation" Oct. 9

Counterterrorism expert and law professor Amos Guiora of the S. J. Quinney College of Law at the University of Utah will address the topic "Limitations of Interrogation" at a 12:30 p.m. Oct. 9 presentation in Room 200.

"Professor Guiora is a well known expert in counterterrorism law and his presentation is very timely, as courts here and in Europe and Israel are struggling to balance the conflicting interests of personal dignity and national security," said Professor Ralph Ruebner who is organizing the program co-hosted by the John Marshall Law School and the Decalogue Society of Chicago.

Guiora served for 19 years in the Israel Defense Forces (IDF) Judge Advocate General's Corps. He held a number of senior command position, and was responsible for the development of an interactive software program that teaches an 11 point code-of-conduct based on international law, Israeli law and the IDF code. This internationally acclaimed program is used to teach IDF soldiers and commanders their obligations regarding a civilian population during an armed conflict.

At the University of Utah, Guiora teaches Criminal Law, Global Perspectives on Counterterrorism, Religion and Terrorism and National Security Law. He is the author of Global Perspectives on Counterterrorism and he writes and lectures extensively on issues such as "Legal Aspects of Counterterrorism," "Global Perspectives of Counterterrorism," "Terror Financing," "International Law and Morality in Armed Conflict," and "Educating IDF Commanders and Soldiers on International Law and Morality."

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ASIPI/JMLS Scholarship Helps Attorney Improve Intellectual Property Law Skills

Camilo Gomez believes the work he is doing as an LL.M. student in intellectual property law at The John Marshall Law School will help him in proposing changes to the way intellectual property is conceived and understood in his native Colombia.

Gomez is a practicing attorney at Prieto & Carrizosa in Bogota, Colombia. He focuses his practice on intellectual property (IP), and enforcement of trademarks. He previously worked as head of the investigations group of the Unfair Competition and Antitrust Office of Superintendence of Industry and Trade, and as head of the Appeal Board of the Intellectual Property Division of the Superintendency, the Colombian equivalent of the U.S. Patent and Trademark Office.

He came to John Marshall after winning a scholarship from the Inter-American Association for the Protection of Industrial Property (ASIPI), an association for intellectual property attorneys of Latin America. His winning essay in the scholarship competition focused on confusion, its rules and how those rules that are currently applied to unfair competition and IP cases, as well as how those rules can or should be updated to better serve the current business environment.

"Many of the rules used by the National Trademark Office around the world are more than 50 years old," Gomez explained. "I suggested that we must examine whether those rules are still valid for today's businesses. Markets, marks and consumers have evolved. The rules, however, have not. As construed by today's courts, the rules are hindering rather than helping or protecting businesses."

Gomez explained that Colombia is currently a "trademark country" as opposed to a patent country.

"In Colombia, people are more interested in filing trademarks, than in obtaining patents. It is not that Colombia lacks good inventions. On the countrary. Instead, up until this time, the concept of filing for a patent is not widespread among Colombian inventors," he added.

This semester Gomez is focusing on trademark law. He is a student in "International Trademarks" and "IP Licensing." To support his research and writing skills, he is also taking "Skills for Foreign Lawyers."

"I'm finding the courses rather challenging, probably because I don't have the same background that U.S. attorneys have. IP is not part of the common preparation given to law students in classrooms in Colombia. You are expected to learn it on the job," he added. Gomez is finding the John Marshall experience fascinating and extremely useful.

In the spring 2008 semester at John Marshall, Gomez will focus his class work on patent law.

Gomez is a graduate of the Universidad Sergio Arboleda in Bogota. He also earned a graduate degree in commercial law from the university. Gomez also studied Legal and Business English at the University of Tasmania in Australia, and has taken various national and international courses related to Unfair Competition Law and Intellectual Property through the World Intellectual Property Organization and other organizations.

His most recent publications appeared in the 2003 and 2005 editions of Building and Enforcing IP Value. His article "New Forms of Unfair Competition" published this year in Judisprudencia Argentina, a local LexisNexis publication.

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The John Marshall Law School and Legal Assistance Foundation Co-Sponsor Veteran's Law Conference 

The John Marshall Law School and the Legal Assistance Foundation of Metropolitan Chicago are co-sponsoring a two-day program Oct. 10 and 11 to help attorneys and others understand the problems encountered by veterans in obtaining benefits, taking advantage of protective legislation for veterans and dealing with ancillary legal issues. 

The first day’s program will be held at Mayer Brown at 71 South Wacker Dr., and will feature Ron Abrams and Barbara Finsness of the National Veterans Legal Services Program.  They will present a program that covers representing veterans before the United States Department of Veterans Affairs and federal courts in claims for benefits. 

Day two will be held at Skadden Arps Slate Meagher & Flom at 333 W. Wacker Dr., and will feature several morning sessions on various topics regarding veterans’ issues.  Luncheon speaker Illinois Supreme Court Justice Thomas R. Fitzgerald will present “A Continuing Debt to Those Who have Served.”  The afternoon will feature additional discussions regarding issues facing veterans. 

The cost to register is $100 per day for practicing attorneys and $20 per day for Veterans Service Organization (VSO) representatives and law students.  Registration is limited to 90 licensed attorneys and no more than 10 VSO representatives and law students. 

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Staff Activity

Tiffany Johnson

Tiffany Johnson joined The John Marshall Law School staff as the AS/400 assistant database administrator.

She is responsible for AS/400 system maintenance, AS/400 printer maintenance and assisting users with AS/400 problems. She also orders copy paper as well as computer and printer related supplies. Tiffany's office is in the Chicago Bar Association building room 975, and her extension is 613.

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Social Networks Topic of Oct. 4 Discussion

The staff of the Louis L. Biro Law Library at The John Marshall Law School presents the second in its "brown bag" presentations at noon Thursday, Oct. 4, in Room 503. The topic will be "Researching on Social Networking Sites."

All are welcome. Beverages will be served. No pre-registration is required.

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Schedule of Events

October 1

• BEEP Bar Essay Exam Program, Room 216, 11:30 a.m.
  Insights I, Room 300, noon
• Library & Computer Policy Committee Meeting, Room 1101, 12:15 p.m.

October 3

• BEEP Bar Essay Exam Program, room 216, 11:30 a.m.
• Alumni Board Executive Committee Meeting, Conference Room, 11th Floor East, Room 11:30 a.m.
• Alumni Association Board Meeting, Room 800, CBA Building, noon
• CSO: "Keeping a Professional Image in the Internet age: How it affects Your Job Search?", Room 1200A, 12 p.m.
• Veterans Legal Support Clinic Program, Room 503, noon
   

October 4

• Judge Barzilay Meeting with IBT and ILS Students, Room 1102, noon
• Graduate Employee Benefits Alumni Luncheon, Room 3East, noon
• Library Brown Bag Presentation: Researching on Social Network Sites, Room 503, noon
• Public Policy Discussion - The Future of Employer Provided Retirement and Health Benefits, CBA 800, 3 p.m.
• Bar Program, Room 1200A, 5 p.m.
• Center for IBT DiCarlo Lecture, Courtroom and 3East, 5 p.m.
• BEEP Bar Essay Exam Program, Room 201, 5:30 p.m.
   

October 5

• Veterans' Advocates - Train the Trainers, Room 1200, 9 a.m.
• Annual Business Meeting and Lunch for Graduate Employee
• Benefits Programs, Room 200 and 3East, 10 a.m.
   

October 6

• BEEP Bar Essay Exam Program, Room 200, 9:30 a.m.
• Insights I, Room 409, 12:30 p.m.
   

October 8

• BEEP Bar Essay Exam Program, Room 216, 11:30 a.m.
• Insights I, Room 300, noon
• CSO: How to get Legal Experience at John Marshall, Room 526, noon
   

October 9

• "The Limits of Interrogation", Room 200, 12:30 p.m.
   

October 10

• Hot Issues in ERISA Law, Room 1200, 8 a.m.
• Veterans' Law Conference, Mayer Brown, 71 South Wacker Drive, 33rd Floor, Town Hall A&B, 8:30 a.m.
• BEEP Bar Essay Exam Program, Room 216, 11:30 a.m.
• Center for IP Distinguished Professor Presentation: Is There a Case for Specialized Patent Trial Courts - The Empirical Evidence, Room 503, 3:30 p.m.
• Board of Trustees, Courtroom, 4 p.m.
   

October 11

• Veterans' Law Conference, Skadden Arts Slate Meagher & Flom, 333 W Wacker, Suite 2100, 8:30 a.m.
• Insights II, Room 403, noon
• Library Brown Bag Presentation: An Introduction to IICLE SmartBooks, Room 1102, noon
• The Ken Moy Lecture on Doing Business in Asia, Room 1200, 12:15 p.m.
• BEEP Bar Essay Exam Program, Room 201, 5:30 p.m.
   

October 12

• Family Law CLE - "Preparing for Your First Divorce Case: An Intro to Family Law", Room 1200, 1 p.m.
   

October 13
 

• BEEP Bar Essay Exam Program, Room 200, 9:30 a.m.
• Admission Open House, Room 200, 9:30 a.m.
• Insights I, Room 409, 12:30 p.m.
• Insights II, Room 413, 2:30 p.m.

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Faculty Activity and Publications

Professor Alberto Bernabe
Activities
He was interviewed for an upcoming issue of the Puerto Rico Bar Journal Magazine Ley y Foro as part of a profile of distinguished academics, lawyers and judges. Professor Bernabe was chosen as the distinguished academic for his published contributions to the ongoing debate regarding tort reform efforts in Puerto Rico and the revision of the PR Civil Code.

Professor John Ingram
Publications
His article "Liability of Others for the Negligence of the Driver of a Vehicle" has been accepted for publication in Tort Trial and Insurance Law Journal.

Professor Doris Estelle Long
Activities
She presented the paper "Hard Earned Lessons from the IP Wars: The Dis-Integratory Impact of Global Trade on Regional Governance" at the CSGR/GARNET Conference at the University of Warwick in Warwick, England on Sept. 17, 2007. This paper, which builds on her earlier work on democratizing harmonization standards for international intellectual property rights, focuses on the dis-integratory impact of global trade on regional governance institutions using current international hegemonic disputes between the United States and European Union over intellectual property rights as the focal point for her analysis.
Publications
Long's article "Messages from the Front: Hard Earned Lessons on Information Security from the IP Wars" will be published in the Michigan State University Journal of International Law. The article details 10 lessons learned from the current conflicts over the protection of intellectual property in cyberspace that may prove helpful in establishing workable international standards for the protection of commercial transactions on the Internet. The 10 lessons involve such critical issues as the distinction between protected information in the hard goods world versus cyberspace; the role of technology; and the international needs of electronic communication.
The second edition of the textbook Contracts Law and Practice: Cases and Materials, of which Long is a co-author, has been published by Lexis Nexis.

Distinguished Visiting Professor Francis D. Morrissey
Activities
He received the Lifetime Achievement Award from The Catholic Lawyers Guild of Chicago at its traditional Red Mass and dinner Sunday, Sept. 30.

Professor David Schwartz
Activities
A panel discussion focusing on KSR International v. Teleflex he participated in was transcribed and published in the current issue of The John Marshall Review of Intellectual Property Law.

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Student Activities

October 1
The Phi Alpha Delta Blood Drive will be held from 9:30 a.m. to 5 p.m. in room 3East. Please donate.

October 2
Phi Alpha Delta Blood Drive - 3East _ 12:30 p.m.
The Diversity Committee will meet at 5 p.m. in room 532.
The Corporate Law Association will be taking orders for business cards in the student lounge.
The Animal Law Society will meet at noon in room 216. Please make every effort to attend this first meeting. Elections will be held. Pizza will be served.

October 3
The Asian Pacific Law Student Association will meet at noon in room 201 and also at 5 p.m. in room 201.
Phi Alpha Delta will feature speakers for its program "How to Network" for 1Ls at 5:30 p.m. in room 403.
The Labor and Employment Law Society will meet at noon in room 522.

October 5
Phi Alpha Delta boat cruise.

Anyone interested in the fraternity Delta Theta Phi or the Children's Law Society please see Marilyn Criss in room 212. Delta Theta Phi is the oldest fraternity at the school and the only one to have a law review.

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