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November 2 - 8, 1998

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.

Experts Examine Rio Declaration, Industry's Environmental Standards At Herzog Lecture

Helene Genot, a senior manager with the United Nations Environmental Program, will discuss "The Current Global Outlook: How Is Industry Doing in Meeting the Rio Declaration Goals?" at a 2 p.m. program Nov. 5 in Room .1200.

Genot, an international authority on the global environment, will address international laws, United Nations authority and industry's responsibilities under local and international rule, as a Dean Fred F. Herzog Distinguished Lecturer.

Her presentation at The John Marshall Law School will set the tone for an in-depth discussion of international efforts to curb worldwide industrial pollution. Participating as program panelists are Professor A. Dan Tarlock, co-director, Program on Energy and Environment, IIT/Chicago—Kent College of Law, and Dixie Lee Laswell, of the law firm Seyfarth, Shaw, Fairweather & Geraldson.

The program is offered free of charge. To reserve a space, call the John Marshall Department of Event Management, (312) 987-1420, ext. 574.

Founded in 1899, The John Marshall Law School is celebrating its centennial, "A Legacy of Opportunity, A Lifetime of Achievement," through academic conferences, a film series, special lectures, competitions and anniversary events during the next two academic years. A schedule of these programs can be found on the World Wide Web at www.jmls.edu.

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Legal Education Examined With International Bar Association Guest

Dianna P. Kempe, Q.C. (second from right), vice president of the International Bar Association, and an attorney with Appleby Spurling & Kempe in Hamilton, Bermuda, discussed the work of the IBA Foundation, Inc., with administrators at The John Marshall Law School: (from left) Virginia Russell, associate dean of the Center for International and Comparative Studies; Dean Robert Gilbert Johnston; and Peter McGovern, administrative coordinator of John Marshall's seven Centers for Excellence.

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Faculty Activity and Publications

Professors William K. Carroll and Michael P. Seng

Publications

They have completed their revisions for the 1998 supplement to their book, Eyewitness Testimony-Strategies and Tactics for West Publishing Company. The book was first published in 1984 and continues to be a good seller.

Adjunct Professors F. Willis Caruso, Joseph Butler and Damian Ortiz

Activities

They attended the 1998 Midwest Clinical Law Conference held at DePaul University, College of Law, Learning By Doing: What We Are All About, on October 16-17, 1998. More than 50 clinicians were in attendance from law schools from across the Midwest.

Adjunct Professor Damian Ortiz

Activities

He participated in a program, Celebrating Disability Awareness Sunday, presented by the Disability Concerns Division of Pastoral Ministries, Christian Reformed Church of North America which was held at the Pullman Christian Reformed Church in Chicago on October 18. The purpose of the program was to promote awareness of the needs of the disabled, by creating an awareness to eliminate architectural and attitudinal barriers, and to inform the able-bodied public of the achievements of physically disabled persons across the nation. The timing of the program was linked with the Government's celebration of "National Disability Employment Month."

Adjunct Professor Ortiz informed the attendees of The John Marshall Law School Fair Housing Legal Center and Fair Housing Legal Clinic. He also gave a brief overview of the Disability Provisions of the 1998 Fair Housing Amendments Act, design requirements for accessible new construction under the Act, reasonable accommodation and modifications requirements of the Act, enforcement and judicial procedures under the Fair Housing Act.

Adjunct Professor Mark V.B. Partridge

Activities

He is a partner with Pattishall, McAu liffe, Newbury, Hilliard & Geraldson in Chicago, and has been elected as a member of the Board of Directors for the American Intellectual Property Law Association. He has also been appointed by the World Intellectual Property Organization to serve on its Panel of Experts on the Internet Domain Name Process. Pattishall, McAuliffe focuses on trademark, copyright and unfair competition law with special emphasis on advertising, licensing, marketing and Internet issues. Mark Partridge has been an adjunct professor in the Intellectual Property program at John Marshall for over ten years.

Professor Arthur J. Sabin

Publications

His new book entitled In Calmer Times: The Supreme Court and Red Monday, has been accepted for publication by the University of Pennsylvania Press. In addition, the press is bringing out a second printing of Professor Sabin's last book, Red Scare In Court: New York v. The International Workers Order, timed with the release of his new work.

In this new book, Professor Sabin presents the first in-depth study of why and how the Supreme Court, in four decisions announced on June 17, 1957, substantially dismantled the use of the courts for the purpose of furthering the aims of the Red Scare. J. Edgar Hoover called that day "Red Monday."

Publication is anticipated by Spring, 1999.

Professor Michael P. Seng

Activities

The John Marshall Law School organized a sixth legal study trip to the Czech Republic under his direction. A group of 13 people (11 attorneys) participated in the 6th annual Czech Law Course at Masaryk University School of Law in Brno on October 12-14. The course focused on new political, legal and constitutional developments in the Czech Republic. The group also visited the Constitutional Court and the office of the Czech Prosecutor. All eleven attorneys in the group lectured at the 5th annual CLE conference conducted by The John Marshall Law in Prague with the Czech Bar Association on October 16 and 17 to over thirty-five American and Czech lawyers. The Firm of White and Case held a reception on Friday evening, October 16, at Melodie Café for all who attended the conference. The group also had an opportunity to do sightseeing in Brno, Luhacovice, Zline, Velehrad, Namest Castle, Kralice and Prague.

Professor Debra Stark

Activities

She served as a "commenter" at the "Centennial Robert Kratovil Memorial Seminar in Real Estate Law "on October 10, 1998. Her talk was on the impact of technology on real estate law and practice. She argued that if attorneys take the time to utilize the new technology, they can reassert themselves in the residential real estate process which is currently dominated by real estate brokers. She also addressed the issue of how technology has impacted on the quality of life of attorneys and identified some of the special legal and ethical issues which recent technology has spawned. She concluded that technology poses many challenges, but also provides many opportunities for professional and personal growth.

Professor Mark E. Wojcik

Activities

He spoke about "AIDS Law for Funeral Directors" on October 21 at an educational seminar co-sponsored by the Funeral Directors Service Association of Greater Chicago and the AIDS Legal Council of Chicago. Professor Wojcik had previously authored AIDS and Funeral Homes: Common Legal Issues Facing Funeral Directors, 27 The John Marshall Law Review 411 (1994). That article had also been cited as authority by the European Commission in a Draft Declaration on HIV and Human Rights. He had also litigated and settled an important test case on AIDS discrimination by a funeral home in Schaumburg, Illinois. Other speakers at the conference included officials from the U.S. Department of Justice and the AIDS Legal Council of Chicago.

Publications

A cumulative supplement was published for the book, AIDS and the Law (David W. Webber, ed., 3d ed. 1996). Professor Wojcik is the author of the chapter in that book on Global Aspects of AIDS and International Travel. The 1998 supplement was published by Panel Publishers, A Division of Aspen Publishers, Inc.

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Conference Panel Debates Causes of World Conflict, Charts Paths to Peace

As conflict continues in the Serbian province of Kosovo and Jerusalem and the Middle East, experts in international law, international relations and dispute resolution grappled with the causes and factors which have made this one of the bloodiest centuries ever. The distinguished panel at John Marshall's "Paths To Peace" conference came from disciplines which ironically "rarely pay attention to each other's scholarship," according to Professor Walter J. Kendall III, conference organizer. "Paths To Peace" was jointly sponsored by the Center for International & Comparative Studies and Center for Advocacy & Dispute Resolution.

Clashes between differing ethnic backgrounds are the catalyst for many problems today according to Ambassador John W. McDonald. Over the 40 years he served in United Nations and U.S. Department of State diplomatic posts, McDonald saw first-hand the way conflict has evolved from wars between nations to struggles among peoples in one country. "Ethnic conflict is raging across the world. It's a new phenomenon," said the international relations expert.

"Since the fall of the Berlin Wall in November 1989, the number of wars has decreased but the number of conflicts has increased dramatically. Only three of the 82 conflicts since then have been international wars. Most have been intra-state conflicts not governed by any regional or international organization," he explained.

"Nothing happens when those occur. The charter in international law says you can't violate national sovereignty. It's supreme." And like a line drawn in the sand, national sovereignty is facing a strong challenge as NATO threatens to invade Serbia to restore order.

Barry Carter, professor of law at the Georgetown Law Center, points to the UN's more vigorous enforcement in recent years of its charter for the decline of international war, citing the impressive UN response to the Iraqi invasion of Kuwait. Carter, who served as a U.S. Department of Defense officer and was an analyst for the National Security Council in the Nixon administration, argued that the development and acceptance of international law have progressively limited the use of military force. "Until 1914 (the start of World War I), it was acceptable for countries to go to war to obtain territory," reminded the international law scholar. "Only in the last 50 years have the norms in international law reversed."

Notwithstanding this shift, the facts tell a brutal story. Since 1945 (the end of WWII) the world has sustained 150 wars involving 60 member states of the UN. Seven million soldiers have been killed and for every one, four civilians have perished, pushing the death toll to 35 million men, women and children.

McDonald is not optimistic that an international organization will be created anytime soon to broker peace. His hope is that citizen activism could be key to a solution he terms multi-track diplomacy. This approach simultaneously involves governments, corporations, religious leaders, activists and citizen groups in the process of stabilizing a region or nation.

Carter theorizes that as nations form profitable alliances, such as the European Union, the probability for war will lessen. With international trade growing, neighboring countries in other regions of the world will have strong economic reasons to unite. "Organizations like the EU and agreements like the General Agreement on Tariffs and Trade will provide the incentive to end disputes. The goal should be a more integrated world where war no longer seems an option," he said.

Yet, governments around the world currently spend a combined $2 billion dollars a day for military personnel and hardware. The United States leads the $20 billion dollar trade market for weapons that continues a brisk business.

The bottom line to achieving peace is in the hands of the people who will make things happen, believes David Cortright, president of the Fourth Freedom Forum and fellow at the Joan B. Kroc Institute for International Peace Studies, University of Notre Dame.

Calling the popular belief that the Reagan administration ended the Cold War "a great myth," Cortright recognizes the international peace movement for this accomplishment. In addition, the former director of SANE, an anti-nuclear weapons group, credits the citizen's movement with restraining military buildup and nuclear weapons in the `90s. "Little people, like Jody Williams, (leader of the International Campaign to Ban Landmines) have shown their ability to make big things happen," said Cortright.

Can individuals _ leaders, activists, and scholars — succeed at creating lasting peace agreements? Recounting the history of the Nobel Peace Prize and its recipients, Anne C. Kjelling, head librarian for the Nobel Peace Institute, offered hope. Lawyers and international law organizations are among the 77 men, 10 women and 18 institutions that have been awarded this high honor since 1901.

"To resolve conflict you need to analyze its cause," asserts Richard Rubenstein, professor at the Institute for Conflict Analysis and Resolution, George Mason University. "The hardest conflicts to resolve are those rooted in a social system that's not working right, which doesn't meet basic needs." He believes non-negotiable human needs, including identity, security, recognition, human bonding and meaning, are driving the bloodiest conflicts.

"There is a liberating effect to the peace process when you put parties in a situation where they are not bargaining for advantage," said Rubenstein. "Rather, they are working to envision new and better systems, more capable of satisfying basic needs, recognizing core values and dealing with vital interests."

As part of its Centennial Celebration, The John Marshall Law School recently sponsored "Paths To Peace," a conference featuring experts in international relations, international law and conflict resolution. Law Professor Walter Kendall III, (second from the right), conference organizer, brought together panelists (left to right) Ambassador John W. McDonald, now director of the Institute for Multi-Track Diplomacy; Professor Richard Rubenstein of the Institute for Conflict Analysis and Resolution at George Mason University; Anne C. Kjelling, head librarian at the Nobel Institute in Norway; and Law Professor Barry Carter of Georgetown University Law Center.

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Contents

Schedule of Events

Experts Examine Rio Declaration, Industry's Environmental Standards At Herzog Lecture

Legal Education Examined With International Bar Association Guest

Student Activities

Students Discuss Civil Rights With 1998 Jurist-In-Residence

Center for Advocacy and Dispute Resolution

Faculty Activity and Publications

Conference Panel Debates Causes of World Conflict, Charts Paths to Peace

Visiting Professors Join Town Hall Meeting With Jurist-In-Residence

John Marshall Team Places Second in Literacy Chicago Trivia Contest

Center for Tax Law and Employee Benefits


Schedule of Events

{short description of image} November 2

IP Paralegal Program Meeting, Room 1200, 12:00 p.m.

{short description of image}November 4

Alumni Association Board Meeting, Room 3East, 12:00 p.m.

Innovative Strategies for Executive Compensation Plans, Room 1200, 1:00 p.m.

{short description of image}November 5

Herzog Distinguished Lecture-"The Current Global Environment Outlook, Room 1200, 2:00 p.m.

{short description of image}November 7

Practice Tracks, Room 1200, 9:00 a.m.

Legal Education Examined With International Bar Association Guest

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Students Discuss Civil Rights With 1998 Jurist-In-Residence

Area law students gathered for a town hall meeting at The John Marshall Law School Oct. 9 with the Honorable Nathaniel R. Jones. A judge in the U.S. Court of Appeals for the Sixth Circuit, Jones is a noted civil rights attorney, community leader and author on the topic of civil rights in the United States as well as political rights in Africa. Discussing racial and ethnic justice with Judge Jones were (left, standing) law students Kevin Morris, IIT/Chicago-Kent; Millicent Welch, John Marshall; and Jones. Seated (left to right) are: Georgette Reynolds, John Marshall, president of the Black Law Student Association; Deardra L. Turner, John Marshall, secretary of BLSA; Samirah Day, John Marshall; and Suzanne Chung, DePaul University.

Visiting Professors Join Town Hall Meeting With Jurist-In-Residence

Professor Linda Crane (left), who also organized the discussion of civil rights with Judge Jones invited professors from neighboring law schools. On hand were Law Professors Sumi Cho, DePaul University, and Linda Greene, University of Wisconsin.

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Student Activities

Who Needs an ATM?

In reply to the inquiries regarding the closest ATM's, you can walk to Walgreen's (State and Jackson) or the Dunkin Donuts (Jackson and Dearborn) to get cash.

Donate your Duds

The Hispanic Law Student Association is collecting clothes for charity. Bring in all those clothes that you've haven't worn. It's easy. The receptacle will be on the second floor, and the drive will continue until November 13.

Environmental Law Society

The Environmental Law Society will meet on Monday, November 2 at 3:00 p.m. in room 532.

Christian Legal Society

On Monday, November 2, the Christian Legal Society will be meeting at 4:00 p.m. in room 217. All students are welcome to attend.

Black Law Students Association

BLSA will be meeting on Tuesday, November 3 at 5:00 p.m. in room 201.

Delta Theta Phi

Delta Theta Phi will be meeting on Tuesday, November 3 at 5:15 p.m. in room 530.

Go To Jail. Do Not Pass Go. Do Not Collect $200

The Criminal Law Society is hosting a special tour of the Cook County Jail and the newly instituted Boot Camp reform program. If your curiosity has the best of you and you would love the see the real deal, contact Tammy Wendt (5wendt) or Anna LaMacchai (5lamcchi) for more info. The sign up sheet is on the 2nd floor lounge. The tour is November 5 at 1:00 (meet in the lobby at 12:00 p.m.).

PAD Initiation

Phi Alpha Delta initiation will be on Friday, November 6 at 5:00 p.m. in the Baim Courtroom.

Women's Law Caucus

The Women's Law Caucus is an organization for women law students whose purpose is to raise awareness about women's issues, promote equality between the genders and is a general forum for exchanging ideas. Please see Miss Criss (room 212) or Professor Conner (room 1216) for more information.

Vocal Ensemble Practice

The Vocal Ensemble will be meeting on Wednesday, November 4, at 1:00 on 3 East.

Please come by if you are interested in joining.

Novemberfest!

The Asian Law Students Association is hosting the annual Novemberfest again on Friday, November 6. It's a great time to socialize and sample yummy Asian treats. Everyone is welcome. Stop by room 1200 at 7:00 p.m.

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Center for Advocacy and Dispute Resolution

Registration for Spring 1999 Clinical Externship Courses, Law 277-280 Litigation Practicum and Law 030-033 Lawyering Process will be held on Monday, November 9 from 11:00 am to 12:30 p.m. and Tuesday, November 10 from 1:00 p.m. to 2:00 p.m. in Prof. Holderman's office in room 524. Students who have questions, need information about the course or who would like to register should come during those times. Phone-in registration is not available for these two courses.

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Center for Tax Law and Employee Benefits

The John Marshall Law School Tax Society will meet on Thursday, November 5, in Room 403 at 5:30 p.m. for a one-hour discussion on Federal and State tax litigation. Civil and Criminal litigation will be discussed.

Speakers: Steven Brown, Partner, Martin Brown & Sullivan; Dan Hartnett, Partner, Martin Brown & Sullivan; and Tom Donohoe, Partner, McDermott Will & Emery.

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John Marshall Team Places Second in Literacy Chicago Trivia Contest

Would you know the Barbie doll's full name? What's the currency of Venezuela? Do you know the recipe for bearnaise sauce?

These and other obtuse questions won John Marshall scholars second place honors from the 19 teams competing in the Great Grown-Up Trivia Bee hosted by Literacy Chicago.

It was a real nail-biter for Professors Donald Beschle, Timothy O'Neill and Samuel Olken who found themselves in a three-way tiebreaker for second place. All three of our knowledgeable academics correctly answered the question "In 1920, who sold Babe Ruth to the New York Yankees to help finance a Broadway musical?" It was Harry Frazee, of course, for the classic hit "No, No Nanette."

"We are getting to be the Atlanta Braves of trivia," joked Prof. O'Neill, who said the John Marshall team has come in second place twice, and third place once. Team members won a stay at the Palmer House. The grand prize, free airline tickets, again went to a team representing World Book Publishing.

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