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March 31 - April 6, 2002


Contents

Donation Honoring Donald Banner Will Assist Intellectual Property Law Students

Criminal Justice Clinic Works on Clemency Before Gov. Ryan

Faculty Activity and Publications

Student Activities

Schedule of Events

Editor's Note

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Donation Honoring Donald Banner Will Assist Intellectual Property Law Students

Robert Gilbert Johnston (left), dean of The John Marshall Law School, accepts a $25,000 check from Mark Banner on behalf of the firm Banner & Witcoff Ltd. to help underwrite the Donald Banner Scholarship at the law school. They are joined by attorney Donald W. Banner (second from left), former intellectual property law professor at John Marshall, and Marc Cooperman (right), president of Banner & Witcoff.

Banner & Witcoff Ltd., the nationally recognized intellectual property firm, gave a $25,000 donation to The John Marshall Law School for the Donald Banner Scholarship.

Banner, who had been affiliated with the law school's Intellectual Property Program for more than 20 years, said he was "deeply appreciative of the firm's donation, and I'm terribly grateful to this law school. Having my name on a scholarship is a great honor."

"The Banner Scholarship is one in a string of special scholarships established as part of The John Marshall Law School's Centennial Campaign," noted William K. Beach, assistant dean and director of development. "The scholarship recognizes the extraordinary efforts of Don Banner who was instrumental in building the reputation of the intellectual property program as an adjunct faculty member and then IP program director.

"Our centennial campaign focuses on the law school's legacy of opportunity and the alumni's lifetime of achievements. Don Banner is someone who has helped create the law school's legacy," Beach added. "Now we will continue that legacy through this scholarship for a deserving IP student who will walk in Don Banner's footsteps."

The scholarship will be presented to a J.D. or LL.M. student based on academic performance, prior employment history demonstrating an interest in and a capacity for the study of intellectual property law, and the candidate's written statements supporting their suitability as a scholarship recipient.

Banner earned an LL.M. in intellectual property law in 1958 as a student of John Marshall's Lawyers Institute. Shortly afterward, he became an adjunct faculty member while working full time at Borg Warner Corp.

John Marshall's intellectual property program, originally known as the Lawyers Institute, was officially organized after World War II by Casper W. Ooms. Ooms previously had been the commissioner of U.S. Patents and Trademarks in the Truman administration. George Frost next headed the program.

Upon Frost's resignation in 1966, Banner accepted the director's position and started developing a nationally recognized intellectual property program. Banner left John Marshall in 1981 to serve as commissioner of U.S. Patents and Trademarks for President Jimmy Carter.

When he left government service, Banner went in to private practice in Chicago with an IP firm that evolved into Banner & Witcoff. Banner, now semi-retired from the firm, does expert witness work. His sons, Brian and Mark, both John Marshall alumni, are partners with the firm.

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Criminal Justice Clinic Works on Clemency Before Gov. Ryan

Within the next two weeks, Illinois Gov. George Ryan will hear the case prepared by students in the Criminal Justice Clinic at The John Marshall Law School and use the appeal to decide whether Chicagoan Mandell Gordon was wrongfully convicted of murder.

Professor Ralph Ruebner, director of the Criminal Justice Clinic, said Ryan is expected to review and respond to a petition for clemency on behalf of Gordon, 33, who is serving a 35-year sentence for a 1989 murder.

The petition before Gov. Ryan outlines factors pointing to Gordon's innocence:

The victim's failure to identify Gordon as the shooter;

Defense counsel's failure to call witnesses who placed Gordon at another location at the time of the crime;

Poor representation by a lawyer who later admitted that at the time of Gordon's trial he was an alcohol abuser and cocaine addict;

A co-defendant in the case was found not guilty on the same evidence by a judge sitting as the trier of fact while the jury heard the case of Gordon;

Reports from the Cook County Medical Examiner's Office that contradict information that was available at the scene and was included Gordon's coerced confession;

A Chicago Police detective who beat Gordon until he agreed to sign a confession for fear of his life.

Gordon is incarcerated at the Dixon Correctional Center.

"We believe this is a clear case of a wrongful conviction," said Professor Ruebner. "There are circumstances surrounding Mr. Gordon's arrest, trial and conviction that prove, we believe, that he is innocent."

Work on the clemency petition was under the supervision of Ruebner and Clinical Professor Eileen Halpin at The John Marshall Law School's Criminal Justice Clinic, and Professor Matthew Lippman of the University of Illinois at Chicago. Students Holly Rose Garland and Heather Marie Orseske of John Marshall, worked with students Louis Robles, Bonnie Kwong, Lorraine Lopez, Kartika Bajai, Mickey Bajai, Alexandra Nicolarsen, William Tung, Eva Wozniak and Shri Sonti of UIC.

Gordon was convicted in a bench trial of the July 1989 murder of Dexter Raines. Neither Raines (before he died), nor his cousin, Schnell Jackson, who was at the scene, could identify Gordon as the assailant. Witnesses said that Gordon was a block away at the time of the shooting, but they were never called to testify. The only state witness had failed to identify Gordon in a line-up.

His counsel at trial, Edward Stern, admitted he failed to adequately prepare for trial or present a meaningful defense because of his drug and alcohol problems. Stern has since lost his license to practice law after failing to meet rehabilitation requirements.

"Edward Stern is ultimately responsible for Mr. Gordon's conviction," Ruebner said. "Stern failed to properly investigate the facts, interview witnesses and produce witnesses who would exonerate Mr. Gordon."

The petition also argues that Gordon signed a confession after he was beaten by Chicago detective Kriston Kato and feared for his life. Several other convictions, based on confessions Kato obtained, have been overturned. Gordon, as an alleged victim of Kato's tactics, has been a witness in one of these cases.

"We look forward to a full review of the case by Gov. Ryan, and believe the facts that we have laid out will help convince the governor that yet another innocent person is incarcerated in an Illinois prison," Ruebner said.

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Student Activities

Tuesday, April 2

The JMLS CBA Representative and the Young Lawyers Section of the CBA is hosting a blood drive from 11am to 5pm in the Student Lounge. The need for blood in the Chicago is is critical. Please feel free to contact Susan Marks at 312-371-5905 if you can donate.

Thursday, April 4

The Christian Legal Society will meet at 12:45 p.m. in room 1105.

The Health Law Society will meet at 12:30 p.m. in room 201.

The Spring Fling will be held on April 25th on 3 East. Good food, Music, Student Awards and SBA candidate speeches are a part of the program. Mark the date on your calendar. Noon

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Faculty Activity and Publications

Professor Craig R. Peterson

Activities

In March, he served on a small "double blind" peer review final selection panel to choose the best United States academic articles in 2001, falling within the two fields of environmental law and land use law.

Professor Michael P. Seng

Activities

On March 22, 2002, Professor Michael P. Seng participated in a panel with Colleen Connell, Director of the American Civil Liberties Union of Illinois, and Rob Quinn, Director of the Scholars at Risk Network at the University of Chicago, for a Fulbright Foreign Student Seminar held at the Westin River North Hotel in Chicago. Visiting Fulbright Scholars from around the world were in attendance. Professor Seng spoke on the rights of aliens in the United States after the September 11 terrorist attack.

Between March 1 and 16, Professor Michael P. Seng participated in many programs in the Czech Republic on behalf of The John Marshall Law School and its Czech/Slovak Legal Institute. He taught a one-academic credit hour course on the American legal system for two days at the Economics University in Jindrichuv Hradec to approximately 120 students. He also presented a number of lectures. He lectured on Religious Freedom at the European Baptist Seminary in Prague. He lectured on the legal implications of terrorist activities at the Economics University in Prague. And he lectured on the rights of aliens in the United States at the Common Law Society at Charles University in Prague. Professor Seng also met with representatives at Masaryk University in Brno, the Technical University in Brno, and the Czech Bar Association in Prague to set up future programs in the Czech Republic. He had the opportunity to meet with all the Czech students from Masaryk University who have studied at John Marshall under John Marshall's Czech Student Exchange Program. Professor Seng was also the guest of honor at a luncheon given at the American Ambassador's residence by the American Embassy. The Embassy also organized another luncheon in his honor in Brno. Professor Seng visited with JMLS alumnus and current Fulbright scholar Joseph Vosicky and taught two of Mr. Vosicky's classes while Mr. Vosicky was at a Fulbright Conference in Berlin.

Professor Michael P. Seng recently had two articles published in the Czech Republic. His article, "Terrorism and Law," which originally appeared in the Chicago Daily Law Bulletin last September, was translated into Czech and was published as the lead article in the Masaryk University Law Journal. His article, "Aspects of the Common Law," was published in the Journal of the Common Law Society at Charles University. The Society invited him to be a member of the group's advisory board. They will publish his article on the legal status of aliens in the United States after September 11 in a future edition of their journal.

The Czech Embassy in Washington, D.C. did a feature article about The John Marshall Law School's Czech/Slovak Legal Institute in its last newsletter, Czech the News. The article can also be found on the Embassy's website at www.mzv.cz/washington.

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Schedule of Events

April 1

Richard Lieberman Lecture - "Personal Foul: Coach Joe Moore vs. The University of Notre Dame", Room 1200, 12:00 p.m.

Business Entity Formation and IP for Foreign Business Seminar, Room 1200, 3:00 p.m.

April 2

Distinguished Scholar Reception, Room 3East, 4:00 p.m.

Domestic and Foreign Patent, Trademark, Trade Secret and Copyright Documentation for IP Administrators, Room 200, 6:00 p.m.

April 3

Alumni Association Executive Committee Meeting, Room 1203, 12:00 p.m.

Career Services - Meet the Small and Mid-sized Firms- Panel and Table Talk, Room 3East, 4:00 p.m.

April 4

12th Annual ABA National Criminal Justice Trial Advocacy Invitational Competition, Room 3East, 9:00 a.m.

Career Services - Getting a Job Outside of Chicago, Room 1200A, 12:45 p.m.

April 5

12th Annual ABA National Criminal Justice Trial Advocacy Invitational Competition, Room 3East, 9:00 a.m.

Film Screening - "Close-Up", Room 1200, 6:00 p.m.

April 6

12th Annual ABA National Criminal Justice Trial Advocacy Invitational Competition, Room 3East, 9:00 a.m.

PMBR Review Course, Room 1200, 9:00 am.

Law Program for Community Developers and Social Workers, Room 300, 10:00 a.m.

April 7

PMBR Review Course, Room 1200, 9:00 am.

April 8

Faculty Assembly, Room 1200A, 12:00 p.m.

April 9

Federalist Society Meeting, Room 1200, 12:00 p.m.

Center for Tax Law & Employee Benefits Open House, Room 1203, 12:00 and 5:00 p.m.

Career Services - Lunch & Conversations with Alumni, room 3East, 12:45 p.m.

Domestic and Foreign Patent, Trademark, Trade Secret and Copyright Documentation for IP Administrators, Room 200, 6:00 p.m.

April 10

Alumni Association Board Meeting, Room 1200A, 12:00 p.m.

Career Services - Getting a Piece of the Pie - Learn How to Negotiate Your Benefits, Room 1200B, 12:45 p.m.

Board of Trustees/Faculty Executive Committee Meeting, Room 1101, 1:00 p.m.

Board of Trustees Meeting, Room 1200B, 4:00 p.m.

April 11

Lorman Seminar, Room 1200A, 8:30 a.m.

April 12

Fair Housing Seminar, Room 1200, 8:00 a.m.

Alumni Mentor Lunch, Room TBA, 12:45 p.m.

April 13

Fair Housing Seminar, Room 1200, 8:00 a.m.

Law Program for Community Developers and Social Workers, Room 300, 10:00 a.m.

A complete online listing of events scheduled at The John Marshall Law School can be found at the following URL: http://www.jmls.edu/calendar1/calendar1.htm

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Editor's Note

Up & Coming is the weekly newsletter of The John Marshall Law School. 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 12 p.m. each Tuesday.

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