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November 30 - December 6, 2003 |
John Marshall Mock Trial Team Takes National Competition Title In Washington, D.C.
The John Marshall Law School team of third-year students Bethany Biesenthal, Tinos Diamantatos, Sarah Farrell, Whitney Mayster, and second-year students Renee Germaine and Brad Schulman took first place honors at the 2003 Georgetown University Law Center/American Bar Association National White Collar Crime Mock Trial Invitational Competition in Washington, D.C.
Biesenthal was also named Best Oral Advocate for the Prosecution.
Biesenthal and Diamantatos acted as the prosecuting attorneys, and Mayster and Farrell as the defense attorneys for a fictional former appropriations committee chairman indicted on four separate acts of bribery. Germaine and Schulman were alternates and research assistants for the team.
The John Marshall team competed against 17 other schools to claim the national title. The team competed against California Western University School of Law in the quarterfinals, the University of Houston Law Center in the semifinals, and defeated Brooklyn Law School in the final round.
Adjunct Professor Kenneth Cunniff, associate director of the Trial Advocacy Program, and Chicago attorneys Vicki Peters and Dean Polales coached the team.
A team representing The John Marshall Law School won the first place title at the Georgetown University Law Center/American Bar Association National White Collar Crime Mock Trial Invitational Competition in Washington, D.C. on Saturday, Nov. 16. Team members are (from left) Bethany Biesenthal; Tinos Diamantatos; Renee Germaine; Sarah Farrell; and Whitney Mayster. Not pictured is Brad Schulman. Biesenthal also won first place in the "best oral advocate for the prosecution" category.
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Professor Celeste Hammond Presented Distinguished Educator Award
Professor Celeste Hammond, director of the Center for Real Estate Law at The John Marshall Law School, was awarded the 2003 Richard T. Ely Distinguished Educator Award for her innovative work as an educator.
The award was presented by Lambda Alpha International, an honorary society providing a forum for the advancement of land economics, at its biennial meeting in Honolulu in November.
Hammond has been a member of the organization since 1993. She was nominated for the honor by the Chicago Chapter of Lambda Alpha International. The award is in recognition of her work in the classroom and her work as founder of the center. The real estate curriculum is designed to provide attorneys with an opportunity to understand the context in which commercial real estate transactions arise; client concerns and objectives; and how to structure and document transitions to address those concerns and achieve client objectives.
Lambda Alpha International also recognized Hammond for her "teach-ins" for adjunct faculty. The model has been borrowed by Gonzaga University Law School's Institute for Law School Teaching which co-hosted with the center. The all-day workshop this summer emphasized the importance of adjunct faculty and offered tips on improving teaching skills.
The professor also serves as faculty advisor for the John Marshall student chapter of the honors society.
Lambda Alpha International was founded in 1930 by Professor Ely at Northwestern University. Today the organization has chapters throughout the United States, Canada, England and Asia.
Professor Celeste Hammond accepts Richard T. Ely Distinguished Educator Award from Roger Kallman (left), outgoing president of Lambda Alpha International, and Larry Lund (right), incoming president of Lambda Alpha International, during ceremonies at the organization's biennial congress in November.
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Australian Law Professors Visit John Marshall
Dean Patricia Mell joined Professor Peter McGovern (second from left) in welcoming two Australian guests. Professor Jeremy Curthoys (left), is a professor and Christopher N. Kendall (right) is the dean of Murdoch University in Perth, Australia. They were guests of the Center for International Business and Trade Law.
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Human Rights Professor Visits John Marshall
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Professor George Edwards, Director of the Human Rights Law Program at Indiana University School of Law at Indianapolis, visited The John Marshall Law School on Monday, November 17, 2003 to speak to Professor Mark Wojcik's Seminar on International Criminal Law. His talk focused on legal issues surrounding the creation of the International Criminal Court in The Hague. Pictured here are (from left to right) Professor Mark Wojcik, Dean Patricia Mell, Professor Edwards, and Professor William Mock.
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Faculty Activity and Publications
Dean John E. Corkery and Professor Robert J. Nye
Activities
With approval of the Illinois Supreme Court, they have been
appointed to assist Illinois judges in preparing materials and making
presentations for two of the general topic areas to be discussed at the
February 4-6 and March 31-April 2, 2004, sessions of the Illinois Judicial
Conference. The conference is titled "Education Conference 2004", and almost
all Illinois state court judges will attend one of the 3-day
sessions. Dean Corkery is working with judges who have been assigned
as the faculty for the "Evidence" track; and Professor Nye is working with
judges assigned as faculty for the "Civil Law" track. Topics included in the
evidence track are Hearsay and Impeachment, Frye Issues, and Deadman's Act.
Topics in the civil law track are Civil Law Update (2003 developments),
Handling Pretrial Motions, and Judges' Role in Settling Cases. Dean Corkery's
evidence track faculty are: Hon. James K. Donovan, Hon. Lynn M. Egan, Hon.
Peter Flynn, Hon. Michael J. Gallagher, Hon. James A. Lanuti, Hon. Terence M.
Sheen, Hon. Robert J. Steigmann and Hon. Susan F. Zwick. Professor Nye's civil
law track faculty are: Hon. Dale A. Cini, Hon. David R. Donnersberger, Hon.
Edward R. Duncan, Jr., Hon. Patrick J. Hitpas, Hon. Patrick J. Leston, Hon.
Patrick F. Lustig, Hon. Barbara A. McDonald, Hon. Bill Taylor and Hon. James
Michael Varga.
Professor John D. Ingram
Publications
His article, "State Interference With Religiously Motivated Decisions on Medical Treatment", 93 Dick. L. Rev. 41 was cited recently in 71 UMKC L. Rev. 583.
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Contents
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Police Superintendent, Attorneys Address Issues of Search Warrants
Each year, the Chicago Police Department acts on about 1,000 search warrants.
"Why is it so important to get a search warrant?" Chicago Police Superintendent Philip J. Cline asked rhetorically. "Because the courts understand it was gotten by a non-lawyer from a neutral magistrate."
Cline was joined by Cook County Judge David Erickson (J.D. '76), Assistant State's Attorney Darren O'Brien (J.D. '83), and Assistant State's Attorney Frank Marek as panelists for a discussion on search warrants in November hosted by the Law Enforcement Student Organization.
Cline has been with the Chicago Police Department for 33 years. Before being named superintendent, he was in the Patrol, Narcotics, Gang Investigations and Detective Divisions. He also served with the U.S. Drug Enforcement Administration (DEA) Task Force for seven years.
Search warrants are essential to police work, Cline said. A past commander of Area 5 detectives, Cline cites a mistake by a DEA agent who made a substantial drug bust finding cocaine, marijuana and cash, but didn't have a substantiated warrant. The police couldn't take the case to court.
Warrants are issued 365 days a year, and at all hours of the day or night, although each panelist said waking a judge in the middle of the night is not an every day occurrence. The warrant is executed within 96 hours of its being issued.
"The search warrants are huge engines of the courts," said Judge Erickson. The warrant allows police "to cross the threshold of your home." The warrants are documents based on the senses—"it's what you smelled, touched, saw, heard, tasted or felt" he explained.
"The John Wayne Gacy case, for example, started when police got a warrant after the neighbors complained about the smell" coming from Gacy's home, Erickson noted. Gacy had buried 29 young men and boys in his crawl space.
The court will issue a variety of warrants, including warrants done for police investigations, and those for testimony from informants and the anonymous John Doe.
The search warrant is also "a living, changing thing," Erickson believes, because it allows police and attorneys to gather information from every possible source.
When the Constitution was written, the founders would never have dreamed the 4th amendment would be used for gathering information off the Internet. "The thing that makes it different is the factual determination and analysis," the judge said.
Attorney Marek said there are 32 exceptions in warrant issuance. For example, sometimes warrants are carried out, only to have someone decide later there was not enough evidence for probable cause. If police can show that they acted in good faith that evidence collected through that warrant will be accepted at trial.
There is also an inevitable discovery rule to cover what police may have discovered accidentally at a scene that was to be searched with an approved warrant.
Despite what you see on television's cop shows, most warrants are issued primarily in cases involving drugs and guns, said Attorney O'Brien. Illinois today allows for fax warrants, which are especially useful in downstate Illinois where getting to a judge can be difficult. "If it's a question of saving a life, then you have to trust the police for a telephonic warrant," he said. Under the latest terrorism legislation, cases allow for "no paper" warrants.
Welcoming Chicago Police Superintendent Philip J. Cline (center) to The John Marshall Law School are Dean Patricia Mell (second from left) and John Marshall students and Chicago Police Officers (from left) Sgt. John Garrido, vice president of the Law Enforcement Student Organization (LESO), Officer Megan Whelehan, president of LESO, and Officer Tony Amelio, LESO secretary/treasurer.
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Schedule of Events
December 1
- Fall Assembly Meetings, Room 1200, 12:00 p.m.
December 2
- Second Curve Forum, Room 1200A, 5:00 p.m.
December 3
- "Patent Claim Construction since Markman v Westview" Seminar, 8th Floor, CBA building, 11:30 a.m.
- SBA Holiday Party, Room 3East, 12:00 p.m.
- Alumni Association Board Meeting, Room 1200B, 12:00 p.m.
- Chicago Volunteer Legal Services Foundation Awards Ceremony, Room 1200, 5:00 p.m.
December 4
- CIBTL Faculty Luncheon, Room 402, 12:15 p.m.
- IPLAC Trade Secret Seminar, Room 1200, 1:00 p.m.
December 5
- Christmas Spirits Show Rehearsal, 8th Floor, CBA Building, 8:00 a.m.
December 6
- American Academy of Medical Management Program, Room 1200, 8:30 a.m.
- ABLE Program, Room 428, 9:00 am.
December 7
- American Academy of Medical Management Program, Room 1200, 8:30 a.m.
December 8
- American Academy of Medical Management Program, Room 1200, 8:30 a.m.
- Dean Mell Meeting with Faculty/Staff, Room 503, 12:00 p.m.
December 9
- American Academy of Medical Management Program, Room 1200, 8:30 a.m.
- IP Adjunct Holiday Luncheon, Room 3East, 12:00 p.m.
December 10
- American Academy of Medical Management Program, Room 1200, 8:30 a.m.
- Madrid Protocol 101 Program, Room 1200, 9:00 a.m.
- Board of Trustees Meeting, CBA Building, 5th Floor, Albert E. Hofeld Room, 4:00 p.m.
December 11
- American Academy of Medical Management Program, Room 1200, 8:30 a.m.
December 12
- American Academy of Medical Management Program, Room 1200, 8:30 a.m.
December 13
- ABLE Program, Room 428, 9:00 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/calendar.htm
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Student Activities
December 2
The Criminal Law Society is having a toy drive. Stop and pick up your special ornament for gift giving.
The Student Bar Association and 1st year law students are collecting "Toys for Tots". Please help by donating new, unwrapped toys for children. They are not accepting stuffed animals or a toy that promotes violence. Articles will be collected in the student lounge until the 4th.
December 3
The Annual Holiday Party sponsored by the Student Bar Association will be held at 12:00 p.m. on 3 East. Student organization merit awards, faculty award, entertainment and a chicken buffet are on the program. All are welcome.
The Association of Trial Lawyers of America is an excellent resource for vital networking and educational development. Are you interested in reactivating a law school chapter? Please see Miss Criss in room 212 if you are interested.