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April 27 - May 3, 2003 |
Deans of Czech Law School Visit John Marshall
Left to right: Vice Dean Dalibor Jilek of Masaryk; Adjunct Professor George Drost of John Marshall; Professor Michael Seng of John Marshall; and Dean Jan Svaton of Masaryk.
Two deans from the Czech Republic's largest law school, Masaryk University Faculty of Law, were guests of The John Marshall Law School last week.
Dean Jan Svaton and Vice Dean Dalibor Jilek were guests of Professor Michael Seng and Ernie Melichar who have been coordinating the Czech/Slovak Law Program.
Dr. Jilek came to Chicago 10 years ago. This was Dean Svaton's first visit. While at John Marshall, they began work on programs for the coming year.
This year marks the 10th anniversary of the Czech/Slovak Law Program, which began in March 1993 with a visit from Jiri Kroupa, then dean of the Law Faculty at Masaryk. The program now consists of the annual Czech Study Tour to the Czech Republic for alumni, lawyers and friends of the law school to study new developments in Czech law and politics; and the Czech Student Exchange, which has brought seven students from Masaryk University to the law school for a semester of study in Chicago. Radim Charvat was the exchange student last year. He is now at John Marshall completing an LL.M. in intellectual property law.
Last year, the Czech/Slovak Law Institute was established, which sends a delegation of American attorneys and judges to the Czech Republic to train recent law graduates in American law, professionalism and legal ethics, and the American entrepreneurial system.
Additional initiatives include a program established in 1996 to assist the Czech Bar Association. The annual conference on American law in Prague is conducted for the Czech Chamber of Lawyers. John Marshall faculty members and other American attorneys lecture on a variety of legal subjects, including legal ethics, the American legal and judicial system, constitutional law and human rights.
In March 2002, Seng taught a one-credit course for economics and business students at the Prague Economics University, and the law school continues its association with the Brno Technical University, helping develop a graduate studies program for Czech business people on Czech business and commercial law. Seng also joined the Board of Advisors for the Common Law Society at Charles University in Prague. Most recently, The John Marshall Law School became a consultant and model for the establishment of a private law school in the Czech Republic.
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Schedule of Events
April 28
- "Sit Up & Speak: Giving Voice to the Voiceless" Lecture, Room 1200, 12:00 p.m.
- Student Thank-A-Thon, Room 3East, 4:00 p.m.
April 29
- Focus Group Meetings, Room 1203, 9:00 a.m.
- Employee Benefits Career Luncheon, Room 1102, 12:00 p.m.
- Student Thank-A-Thon, Alumni Office, 4:00 p.m.
- Eastern European Student Alumni Reception, Room 3East, 5:00 p.m.
- Native American Bar Association Meeting, Room 1203, 6:00 p.m.
- A Practical Approach to Domestic and Foreign Patent, Trademark, Trade Secret and Copyright Documentation, Room 526, 6:00 p.m.
April 30
- "Phased-Retirement Programs and Post-Retirement Risks" Lecture, Room 402, 12:00 p.m.
- Alumni Association Board Meeting, Room 3 East, 12:00 p.m.
- Student Thank-A-Thon, Room 3East, 4:00 p.m.
- Hellenic Bar Association Guest Lecture, Room 3East, 5:00 p.m.
May 1
- Alumni Reunion Committee Meeting, Room 402, 12:00 p.m.
May 2
- Comprehensive Exam, Room 1200, 9:00 a.m.
- Minnesota Alumni Chapter Reception, The Marquette Hotel, Minneapolis, 5:30 p.m.
May 3
- Comprehensive Multistate Diagnostic Exam, Room 200, 216, 300, and 1200, 9:00 a.m.
May 5
- Faculty Effectiveness Training, Room 1200, 9:00 a.m.
- Professor Crane Networking Meeting, Room 402, 2:30 p.m.
May 6
- Robert Kemp Memorial Lunch & Learn - "Evolving Rules for Virtual Environments," Room 200, 11:00 a.m.
- A Practical Approach to Domestic and Foreign Patent, Trademark, Trade Secret and Copyright Documentation, Room 526, 6:00 p.m.
May 8
- CIBTL Adjunct Faculty Lunch, Room 1200B, 12:00 p.m.
May 9
- Freedom Award Luncheon, Palmer House Hilton, Red Lacquer Room, 12:00 p.m.
May 10
- ISBA Minority and Women's Conference, Various Rooms, 8:30 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/calendar.htm
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Special Honors for Marilyn Criss
Lubaina Doriwala (right), a second-year student and the outgoing 7th Circuit governor of the Law Student Division of the American Bar Association, presents Marilyn Criss (left), administrative assistant in the Student Affairs Office, with a special recognition plaque for her 25 years of dedicated service to the students. Criss also received honors from the Student Bar Association. She serves as the law school's liaison to the 30 student clubs and organizations, and many students affectionately call her their "Chicago mom."
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Hispanic Law Students Association Celebrates Annual Fiesta
The Hispanic Law Students Association celebrated its annual Fiesta earlier this month with a visit from U.S. District Court Judge Ruben Castillo (second from left). Greeting him at the program were (from left) Raul Serrato, Aleiba Barrera and Sharon Aguilera.
Dancers with Nahuili, a traditional Aztec dance group, entertained the guests at the spring Fiesta hosted by the Hispanic Law Students Association.
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Moot Court Teams Compete to Final Rounds
Three teams representing The John Marshall Law School advanced to place in competitions in March.
Students Paul Kleppetsch and Mark Lichtenwalter represented John Marshall at the Texas/American Bar Association National Trial Advocacy Competition in Houston. The pair advanced to the quarterfinal round. Adjunct professors Ken Cunniff, Vicki Peters and Patrick Kelly coached the team.
The team of Charles Blair and James "Sam" Worely advanced to the semi-final round of the Fifth Annual Herbert Wechsler National Moot Court Competition, and Blair was named "best oral advocate" at the competition. Professor Marie Monahan, who traveled with the team to the competition in Buffalo, coached the team.
Craig Clesson and Don Tyer advanced to the quarterfinal round of the Benjamin N. Cardozo/BMI Entertainment and Communications Law Moot Court Competition. Professor Ardath Hamann coached the team.
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Faculty Activity and Publications
Professor Celeste Hammond
Activities
She served as an instructor and moderator of a panel designed to teach minority lawyers how to improve their skills in Commercial Real Estate Practice at the spring meeting of the American Bar Association's Real Property Probate and Trust Law Section. On April 2, 2003, she participated in "Minority Outreach Program: Sharpening Your Basic Commercial Real Estate Skills," in New York City.
Professor William Mock
Activities
During April, he chaired a securities arbitration panel before the National Association of Securities Dealers. In May, he will be one of two United States legal scholars invited as guests of the University of Palermo, in Sicily, Italy, to present papers at a conference in honor of the 200th anniversary of John Marshall's decision in Marbury v. Madison. The invitation arises out of work he has done editing a book about European fundamental rights with a group of Italian legal scholars.
Professor Ralph Ruebner
Activities
Earlier this month, Professor Ralph Ruebner submitted written testimony to the Illinois General Assembly in support of HB 1507, which provided for a jury trial right for a parent in parental termination cases. Ultimately, the bill failed to pass the House, although it was voted out of the Judiciary Committee with a unanimous vote of support.
The Bill was initially developed by Tara Duffy, a John Marshall Law School graduate, who is an assistant public defender in Juvenile Court in Cook County. Rep. Mary Flowers sponsored the bill in the House. Professor Ruebner was one of the attorneys who had years ago argued for the right of a parent to have a jury trial when the State seeks to terminate parental rights. In Interest of Weinstein, 68 Ill. App. 3d 883 (1st Dist. 1979), the Illinois Appellate Court rejected the constitutional claims but urged that this matter be addressed by the Illinois Legislature.
In his testimony, which was read in the House in its entirety by Rep. Flowers, Professor Ruebner stated that our society has long recognized the unique nature of the parent-child relationship as an essential ingredient of family integrity, and that this uniqueness is enveloped in a high degree of constitutional respect for the way a parent controls the details of the child's upbringing and in retaining the custody and companionship of the child.
He argued that the right of a parent to raise and care for achild is a fundamental liberty interest, a right that is far more precious than any property rights that we Americans enjoy under the Constitution of the United States. When the State seeks to end that sacred relationship, it does more than terminate it. It extinguishes it altogether. He agreed with Justice Blackmun who had observed that the "forced dissolution" of that relationship is "punitive" in nature. The decision to terminate is "final and irrevocable," and it is more substantial than mere loss of money. M.L.B. v. S.L.J., 519 U.S. 102, 121 (1996). He also agreed with Justice Ginsburg that a termination decree is "among the most severe forms of state action" against the individual in our society. Ml.L.B, 519 U.S. at 128. He urged the legislature that Illinois cannot evade the constitutional protections of due process by labeling the termination proceeding as "civil." Professor Ruebner said that "[w]hen Illinois grants a litigant the right to a jury trial to contest his or her interest in real property, personal property or money, but fails to afford a right to jury trial where the severity of the decree that terminates parental rights is final and irrevocable, the State turns its legal system on its head. It elevates property rights way above a fundamental constitutional protected interest. Such a result is constitutionally unconscionable, and ultimately it creates a statutory scheme in derogation of fundamental rights, which violates the equal protection of the laws."
He further stated that "[b]ecause termination of parental rights constitutes state action against the individual and is punitive in nature, Illinois must safeguard a parent's interest by allowing a parent to be judged by a neutral decision maker that reflects the diversity of the community's values and its collective wisdom as a matter of participatory democracy."
He told the legislature that he was "not at all convinced that the objections that have been voiced against this bill, which are premised on unsubstantiated allegations that jury trials in this sphere of the law are too costly or that they may impede the just and expeditious adjudication of important rights, can be constitutionally justified. Concerns for judicial economy should never be allowed to undercut constitutional guarantees and the fairness of judicial proceedings. The decision to terminate parental rights is too important to be left in the hands of a single decision maker. The decision must be free of institutional interest and bias. When it comes to termination of parental rights in this State, there is an atmosphere, which is indicative of an institutional bias against the parent, and this in turn affects the integrity of the decision to terminate. This bias manifests itself among the key components of the adjudication system, including DCFS, the Public Guardian, the State's Attorney, and in some instances, judges who rely on unreliable hearsay. The decision to terminate, therefore, should be made by the representatives of the community as a whole based on their values and collective non-institutional wisdom. And that requires the right to a jury trial."
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Herzog Competition Winners
