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Editor: Assistant Dean John M. McNamara, room 1212, ext. 393, 6mcnamar@jmls.edu.All information to be published in Up & Coming must be placed in the UPCOMING directory on the H drive of The John Marshall Law School's computer network by each Tuesday at 12 p.m. |
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Fall Semester Start Date ChangesClasses for the Fall 1998 semester will begin on Thursday, August 20. This is a change from the previously scheduled date of August 24.ContentsSchedule of EventsFall Semester Start Date ChangesScholarship Awarded1996 Law Review Article Cited In NY High Court Underage Drinking CaseFaculty Activity and PublicationsFair Housing Center/ClinicCareer Services OfficePolelle on CLTVSchedule of Events
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Scholarship Awarded Megan K. Chaparro (left) accepts a $1,000 check from Dale Needles (center), vice president of administration for the National Hispanic Scholarship Fund, and congratulations from Associate Dean Susan Brody (right). Chaparro was the only law student from the Chicago area to receive an award. The Anheuser-Busch Co. underwrote her scholarship.
1996 Law Review Article Cited In NY High Court Underage Drinking CaseOn April 2, 1998, New York's highest court cited the work of John Marshall alumnus Matt Houchens, in a unanimous decision that permits persons injured as a result of a minor's intoxication to sue the provider of the alcohol. Houchens' article, "Killer Party: Proposing Civil Liability for Social Hosts Who Serve Alcohol to Minors," wrote the piece as managing editor of the John Marshall Law Review in 1996-97. Houchens' argument that injured persons should be allowed to sue those who provide alcohol to minors, was a conclusion reached by Chief Judge Judith Kaye in her Court of Appeals of New York decision. She cited Houchens' article three times in her decision. In Rust v. Reyer, the New York high court decided to allow suit against Heidi Reyer, the teenager who hosted a high school "keg party" in October 1989 while her parents were away. It was during the party that one of the guests, Steven Tarantino, became intoxicated at the party and in his inebriated state Tarantino punched and badly injured the plaintiff, Carol Rust. Most of the guests, like Tarantino, Rust and Reyer, were high school students, and thus under the legal drinking age. Court documents reported that Reyer gave permission for alcohol at the party she planned, she stored the kegs of beer and charged certain guests for their drinks. These actions "could well be viewed as part of a deliberate plan to provide, supply or give alcohol to an under-age person," Chief Judge Kaye wrote. Today all 50 states have minimum drinking age laws intended to prevent minors from purchasing alcohol at bars, liquor stores and other commercial establishments with liquor licenses. Citing Houchens' article, Chief Judge Kaye noted that these laws "have proven far less effective in stopping minors from obtaining alcohol in a social setting, where it is provided to them by individuals who have little, if any, financial disincentive for doing so." States have reached to this circumvention of their minimum drinking age in different ways, wrote Chief Judge Kay. New York, like Illinois, has a criminal statute, which provides gratuitous furnishing of alcohol to minors. New York also has a 1983 law which provides for liability against one of "knowingly causes…intoxication…by unlawfully furnishing to or unlawfully assisting in procuring alcohol" for a minor, if such intoxication causes harm. Chief Judge Kaye concluded that "reading the statute to foreclose responsibility in these circumstances would allow unintended circumvention of the legislation and negate its deterrent purpose," again citing Houchens' article. Houchens was quoted in The New York Daily News saying, "The court ruling tells parents that even when you're not around, you've got to take steps to make sure you know what's happening at your home." Houchens said being cited by New York's highest court in a potential watershed decision "is very exciting" and he looks forward to the outcome of the case on remand. "We have yet to see that effect (the decision) will have on the law in this area," he said, but he is glad his work played a part in this significant ruling.
Fair Housing Center/ClinicSettlement Negotiated Fair Housing Clinical intern, Tim Deffet, under the supervision of Adjunct Clinical Professor Lewis Powell, III and in consultation with Clinical intern Jon Cosensa, negotiated a settlement for a mentally-disabled person who was served with an eviction notice because of his source of income, which consisted of a Section 8 voucher. Under the Chicago Human Relations ordinance, discrimination based on the source of income is illegal. As part of the settlement, the landlord agreed to accept the Section 8 voucher and to give the complainant a one-year lease. HUD Training Program The John Marshall Law School Fair Housing Legal Support Center conducted a HUD Regional Fair Housing training program for more than 50 investigators, April 27 - 30 at The John Marshall Law School. Because of HUD's recent reorganization, many long-time employees have been transferred out of other divisions to do fair housing investigations. Plenary and breakout sessions included: basic instruction on the fair housing act, investigative techniques, and how to write up investigative reports. Professors Michael Seng and Joseph Butler provided instruction on the jurisdiction of HUD to investigate claims and different techniques for proving discrimination. Professors F. Willis Caruso and J. Damian Ortiz discussed standing and proper respondents in a fair housing action. Various panel discussions included how to obtain and analyze data and evidence, as well as special problems that may confront investigators. Professor Francis Morrissey made an excellent presentation on the ethical and moral problems that may arise in the course of an investigation. Professors Maureen Kordesh and Ardath Hamann provided instruction on report writing and organization skills and how to summarize evidence. They worked with the participants in breakout sessions to improve their writing skills. John Marshall alumnus Merilyn Brown participated in the program and assisted the participants in working through actual case studies dealing with discrimination on the basis of race, disability and familial status. Attendees were from the Chicago, Kansas City, and Boston regional offices. This program is the first of several that John Marshall will be doing throughout the country to train HUD investigators.
Polelle on CLTV
Professor Michael Polelle was a guest on CLTV cable news discussing the federal court decision on a lawsuit filed by the National Organization for Women against the anti-abortion movement. Professor Polelle addressed the issue of First Amendment free speech rights and the impact of the court's decision on the Racketeer Influenced and Corrupt Organizations (RICO) law.
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