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November 9 - 15, 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.

Washington, D.C. Courthouse Named in Honor of Former Dean Howard T. Markey

(From left to right): Dean Robert G. Johnston; Dorothy Markworth; Professor Francis Morrissey; Associate Dean Jane D. Oswald; Dean Emeritus Howard T. Markey; President of the Board of Trustees Louis L. Biro; former adjunct professor E.H. Gorman, Jr.; Associate Dean James J. Kreminski; and Development Officer Ernie Melichar.

Former John Marshall Dean Howard T. Markey was bestowed one of the highest honors of his legal career on Friday, Oct. 23, when the National Courts Building in Washington was renamed in his honor.

Rep. Henry Hyde (R-Ill.) and U.S. Supreme Court Justice Anthony Kennedy were on hand with hundreds of other invited guests for the unveiling of a plaque that will be installed on the building.

The John Marshall delegation included Dean Robert Gilbert Johnston; Louis Biro and Joseph Morris representing the JMLS Board of Trustees; Associate Dean Jane Oswald; Associate Dean Jim Kreminski; Library Director Dorothy Li; Ernest Melichar of the Development Office; Professor Frank Morrissey; Dorothy Markworth, Markey's secretary while dean; and E.H.Gorman, Jr., a former adjunct professor.

In 1982, after having served for 10 years as chief judge for the U.S. Court of Customs and Patent Appeals, Markey was given the task of organizing the U.S. Court of Appeals by merging the Court of Claims and the U.S. Court of Customs and Patent Appeals.

The U.S. Court of Appeals became responsible for all customs and tax cases, patent, trademark and copyright infringement cases, and all actions brought by government employees through the U.S. Civil Service Commission. The court holds special significance as the only other court, aside from the U.S. Supreme Court, to have national jurisdiction.

As if the task of organizing a new court was not big enough, Markey also found himself trying to assist in resolving 15,000 claims brought by the air traffic controllers who were fired by then President Ronald Reagan, according to attorney Morris who at the time was chief counsel to the U.S. Civil Service Commission.

"Howard Markey had great organizational skills, he was an outstanding jurist whom we all respected. He was a legal scholar and had a brilliant mind. And, he had a terrific sense of humor. The jokes just poured out of him," Morris remembers of those days in Washington. "Howard Markey helped to shape this brand new court. He really put a stamp on it. He had great collegiality among the judges. He organized annual circuit conferences."

Morris became a dear friend of Dean Markey's, and has continued his friendship even after leaving his government post for private practice in Chicago. It was Morris who initiated the renaming of the courthouse.

"I noticed that Congress was naming courthouses after judges, and I thought because of the unique characteristic in this case that it should be named for Howard Markey. He so formed this court. He organized and molded this court as its founding judge," Morris explained.

Morris called upon friend and fellow Illinoisan Rep. Hyde, chairman of the House Judiciary Committee, for legislative assistance. After passing the renaming legislation through the U.S. House and Senate, President Clinton officially signed legislation in June 1998 renaming the National Courts Building to honor Howard Markey.

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Lawyers In Movies and Books Are Flawed Heroes Who Americans Identify With In Struggles for Justice Says Best-Selling Author Turow

Scott Turow will be the featured speaker on Nov. 20 at the 11th Annual Symposium on Media Law, "Where Have You Gone, Perry Mason?"

Things have changed since the days when television's Perry Mason wrapped up his cases neatly for viewers, says best-selling author Scott F. Turow, the featured speaker Nov. 20 for the 11th Annual Symposium on Media Law. The noon centennial program in room 1200, "Where Have You Gone, Perry Mason?" is sponsored by The John Marshall Law School, and funded by a grant from the law firm of Baker & McKenzie.

Turow believes the popular portrayal of lawyers in today's media reflects a changing role for law in America as compared to in the `60s. "It (law) is a far more pivotal force than it was 30 years ago," Turow explains. "The result is that lawyers can no longer be idealized, largely because people know too much about them.

Unlike Perry Mason, today's lawyer heroes are flawed creatures. This is significant for two reasons. First, Americans see lawyers that way, as less than heroic. Second and more importantly, somehow Americans identify with the struggle between competing values which they see lawyers enduring," he said.

Turow, a partner with the firm of Sonnenschein Nath & Rosenthal, has penned a string of legal thrillers that have been commercial successes beginning with "Presumed Innocent" in 1987. Since then he has authored three more novels including "Burden of Proof," "Pleading Guilty" and "The Laws Of Our Fathers." Two of his works were the basis for film and television. "Presumed Innocent" became a successful motion picture starring Harrison Ford. ABC-TV produced a mini-series version of "The Burden of Proof."

Turow describes his writing and legal practice as "sides of the same coin." He says, "The law and its task of identifying what is just has a gravitational hold on my soul. I dream about trials; I still get agitated and compelled by legal issues, just as I did as a One L." "One L" is also the title of Turow's first book about his experiences as a first-year law student, or "One L," at Harvard Law School. Although Turow had always wanted to be a writer, he didn't expect to find himself as intrigued by the law as he is, partly due to his upbringing. "My father was a doctor and a prophet in his own time, which is to say that he hated lawyers long before it was fashionable to do so."

In addition to his work as an author and lawyer, Turow devotes a substantial part of his time to pro bono work and charitable causes.

The 11th Annual Symposium on Media Law is one in a series of programs marking the John Marshall Law School's 100th anniversary. The event is invited to hear Turow's address. To reserve a space, call the John Marshall Department of Event Management at (312) 987-1420, ext. 574.

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Student Activities

Christian Legal Society

On Monday, November 9, the Christian Legal Society will be meeting at 4:00 p.m. in room 217. All students are welcome to attend.

Donate your Duds

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

Phi Alpha Delta

PAD will be meeting on Monday, November 9 at 1:00. Watch the monitor and signs for room posting.

SBA Open Meeting

The last Student Bar Association meeting will be on Monday, November 9 at 5:00 p.m. in room 200. All students are encour aged to attend. Pizza and soda will be served.

Women's Law Caucus Meeting

Attention: women law students. Please come to the Women's Law Caucus meeting on Tuesday, November 10 at 12:30 p.m. in room 217. WLC's purpose is to raise awareness about women's issues, promote equality between the genders and is a general forum for exchanging ideas and how they relate to legal issues.

Student Advisory Committee Meeting

All student organization chief officers are required to attend Dean Powers Student Advisory Committee meeting on Tuesday, November 10 at 12:15 p.m. in room 201.

Vocal Ensemble Practice

The Vocal Ensemble will be meeting on Wednesday, November 11 at 1:00 p.m. on 3 East. Please come by if you are interested in joining.

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Career Services Office

We have planned some informative (and hopefully enjoyable) programs especially for first-year students that we hope you will be able to attend. Please come to as many as you can:

Practice Tracks

65 attorneys at John Marshall to discuss almost every area of practice possible! From aviation to zoning, if you're interested in it, we'll have it!

Saturday, November 7, 1998

10:00 a.m. - 12:30 p.m.; Room 1200

Finding First Year Summer Employment

A panel of second year students will share job search tips and experiences

Tuesday, November 10, 1998

12:30 - 1:30 p.m.; Room 216

1L Resume and Cover Letter Writing Workshop

Wednesday, November 11, 1998

12:30 & 5:00 p.m.; Room 216

1L Only Lunch and Conversations with Alumni

Featuring Judge Jesse Reyes, Circuit Court of Cook County

Monday, November 16, 1998

12:30 - 1:30 p.m.; Room 1200

Space is limited to 20 students, sign up now!

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Contents

Schedule of Events

Washington, D.C. Courtroom Named in Honor of Former Dean Howard T. Markey

Lawyers In Movies and Books Are Flawed Heroes Who Americans Identify With In Struggles for Justice Says Best-Selling Author Turow

Staff Notes

Cleveland Marshall College of Law Takes First Place In Moot Court Competition

Student Activities

Faculty Activity and Publications

Career Services Office

Fair Housing Center/Clinic


Schedule of Events

November 9

Conversations with Alumni - Greg Umberson, Room 1200B, 12:30 p.m.

Herzog Competition Dinner

November 10

Career Services-Finding First Year Summer Employment, Room 216, 12:30 p.m.

Distinguished Service Award Recipients' Dinner, Room 1200, 7:00 p.m.

Herzog Competition Dinner

November 11

Veterans Day

November 12

Secrets of the Euro, Room 1200, 12:15 p.m.

Linda Smith Memorial Scholarship Reception, Room 3East, 5:15 p.m.

Career Services - Judicial Clerkship Meeting, Room 216, 12:30 p.m.

November 13

Career Services-Alumni Mentor Program, Room 1200B, 12:00 p.m.

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Staff Notes

Eric Levy

John Marshall's Accounts Receivable Director Eric Levy has published a review of the new album by London-based pop band Stereolab in the October 30, 1998 edition of the Chicago Reader. The album is called Aluminum Tunes and was released through Drag City, an independent label based in Chicago.

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Cleveland Marshall College of Law Takes First Place In Moot Court Competition

The 17th annual Moot Court Competition in Information Technology and Privacy Law went international this year with a team from Southern Cross University School of Law and Justice in New South Wales, Australia, included in the mix of 28 teams from across the United States.

Southern Cross' Dean Brian Fitzgerald has been an international leader in cyber law, and he had been corresponding with John Marshall Professor David Sorkin who extended the invitation to the team of 2nd year student Sally McPherson and 3rd year student Sarah Moylan. The pair won the right to compete in the John Marshall competition by winning a moot court competition at Southern Cross.

Professor Jennifer Nielsen who teaches information technology law at Southern Cross accompanied them.

Nielsen said she helped prepare her team for the problem, which dealt with privacy and e-mail, by doing research on the Internet, primarily through Lexus/Nexus. The Australians submitted a brief which was on an even footing with briefs submitted by American students, Nielsen said delightedly.

Courtroom manner was another issue, however. The Australians were expected to change their court demeanor and argument to meet American standards. "We didn't bring our white wigs," Nielsen joked, but the team got special instructions in addressing the court and proper procedure with assistance from Adjunct Professor Jay M. Krames, and by watching the videotape of the 1997 competition.

Despite the Australians' decent showing, the moot court competition winners were Cleveland Marshall College of Law, first place taking home a $2,000 prize; South Texas College of Law, second place taking home a $1,000 prize; Best Petitioner's Brief by Cleveland Marshall College of Law; Best Respondent's Brief by University of California Hastings College of Law; and Best Oralist to Steve Bash of DePaul University College of Law.

John Marshall students did not compete but their hosted and acted as bailiffs for the competition.

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Faculty Activity and Publications

Professor Michael Closen

Activities

He has just been appointed to the Drafting Commission for the Revision of the Model Notary Act. The Model Act was first published in 1984 by the National Notary Association and has served in whole or part as the basis for numerous state notary laws. The goal is to complete the revision of the Model Notary Act in the year 2000 — to guide notary law into the new century.

Professor Michael J. Polelle

Publications

His article, "Who's a Professional for Malpractice Purposes?" will be published in Volume XXXIII, No.2, of the University of San Francisco Law Review (Winter Edition). The article discusses the growing problem of what kinds of defendants, beyond lawyers and doctors, qualify for the special protections accorded defendants sued for "professional" negligence.

Professor Mark E. Wojcik

Activities

He was interviewed on LesBiGay Radio on November 2 on the subject of judicial elections and a proposed amendment to the Illinois Constitution.

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Fair Housing Center/Clinic

Fair Housing Clinic Students are Awarded Attorney's Fees

The City of Chicago Commission on Human Relations on October 22, 1998 awarded $10,299.00 in attorney's fees and costs to the Clinic for work performed in representing a client before the commission. Clinic Intern Jennifer O'Reilly drafted the Petition for Fees. The case, McCutchen v. Robinson, involved a real estate agent who denied a recipient of public aid the opportunity to purchase a home. The Chicago Fair Housing Ordinance prohibits discrimination on the basis of source of income. The Clinic's client, Ms. McCutchen, was previously awarded $7,434.21 in damages by the commission. Adjunct Clinical Professor Joseph Butler supervised the student's work on the case.

Fair Housing Clinic Student gets eviction case dismissed

Clinic Intern Seth Lamden on October 29, 1998, appeared in Federal District Court on his client's motion to dismiss the plaintiff's case. The case, Boidy v. Hundley, involved a state court eviction action that was removed by the Clinic to federal court. The clinic's client, Mr. Hundley, believed that the eviction action was being maintained for discriminatory reasons. Mr. Lamden argued the motion before Judge Blanche M. Manning, who granted the motion and dismissed the plaintiff's eviction action. The Clinic's client, Mr. Hundley, continues to live in his apartment. Adjunct Clinical Professor Joseph Butler supervised the student's work on the case.

Caruso Recognized at Centre Opening

On Friday, October 30, 1998 F. Willis Caruso was recognized at the grand opening of the Victory Senior Centre in Joliet. The Centre consists of 56 independent living units and 30 supportive housing units. The project was initiated as a result of the work of Ernie Melichar, Merilyn Brown, Professors Michael P. Seng and F. Willis Caruso with Financial Federal in order to develop affordable housing ownership in Joliet. As a result of this effort the City of Joliet asked Professor Caruso to make an effort to provide for the rehabbing of Joliet Catholic High School.

Adjunct Clinical Professor, Kit Mahlman, created the not-for-profit corporation that anchored the development of Victory Courts. Professor Caruso is a Board member.

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