January 18 - 24, 2004


Two Students Named Scholarship Recipients

The Women's Bar Foundation, the fundraising arm of the Women's Bar Association of Illinois, awarded its annual scholarships to John Marshall students Rachel Krayer and Toya Horn Howard. Each received a $5,000 scholarship.

The Women's Bar Foundation wasorganized in 1966 as an entity that would raise money for scholarships for women law students. To date, it has presented over 200 scholarships valued at more than $700,000.

Krayer, a native of New York, received the Women's Bar Foundation Scholarship. She was one of four women to receive this award. Krayer came to John Marshall after earning a B.S. degree in communications from the State University of New York at Brockport. She worked in publishing before enrolling in law school as a Dean's Scholar.

Now a third-year student, Krayer has volunteered with the Uptown People's Law Center, and First Defense Legal Aid. She also completed a semester at John Marshall's Fair Housing Legal Clinic.

Krayer will graduate in June. She currently is working in the legal department of the Chicago Transit Authority, and has accepted an offer from Stellato & Schwartz Ltd. Krayer and her husband, Kevin, live in Chicago.

Howard, a second-year student, received the Public Interest Scholarship given in honor of the recently retired Rita A. Fry, the first woman Cook County public defender. This is only the second year a public interest scholarship has been awarded.

Howard is a returning adult student and president of Delta Theta Phi law fraternity at John Marshall. She received an A.B. degree from Wellesley College in geology, and a master's degree in economic geology from the University of Washington in Seattle.

During her career, Howard performed uranium explorations in the Black Hills of South Dakota for Kerr-McGee Corp. She returned to Chicago to work in property rehabilitation lending and community revitalization with both non-profit and for-profit lenders. Howard serves on the board of two community development organizations in the Woodlawn neighborhood, as well as on the Chicago Community Loan Fund. She most recently externed with Legal Assistance Foundation and is currently clerking for the City of Chicago in housing court.

"I'm in law school because of the vacant properties in Woodlawn. I saw what happens to people who don't know the value of their property, or don't understand how easy it is to lose a piece of property," she said.

Dean Patricia Mell (left) congratulates John Marshall's 2003 Woman's Bar Association of Illinois scholarship winners. Rachel Krayer (center) received the Women's Bar Foundation Scholarship, and Toya Howard (right) received the Public Interest Scholarship.

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John Marshall Students Appointed to Leadership Roles in the American Bar Association

Three John Marshall Law School students have taken on leadership roles in the American Bar Association's Law Student Division (ABA/LSD). Each was appointed by the ABA/LSD 7th Circuit Governor.

Second-year student Wendy Durbin was named Lieutenant Governor for ABA Representatives for the 7th Circuit. She will facilitate communication between the law schools in the circuit, and keep them updated on ABA news and events.

Second-year student Peter Kessenich was named Lieutenant Governor for Governmental Affairs. His duties include researching loan repayment assistance programs and how they can be implemented in schools, and researching state and federal legislation.

Third-year student Manish Mandhyan was named to a second term as Lieutenant Governor for Technology. He will act as a liaison between the American Bar Association Technology Committee and the 7th Circuit of the ABA/LSD.

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Student Activities

January 19

Martin Luther King Day

January 20

If you are interested in one of our many student organizations, you will want to attend "Student Organization Day." All student organizations will be represented in the student lounge at 4:00 p.m. Dinner will be served.

January 21

Delta Theta Phi will meet at 5:00 p.m. in room 201.

The Employee Benefits Law Student Association will feature Ms. Katie Clancy at its meeting at 6:30 p.m. Ms. Clancy will talk about "Going Solo." Room 216

January 22

Law Enforcement Students Organization will meet at 5:00 p.m. in room 201.

January 23

Every semester the Black Law Student Association invites students to attend "Meet and Greet." It will be held from 7 to 10 p.m. in room 3 East.

Mark your calendars. February 27 is the annual Barrister's Ball. This is an event that you will not want to miss.

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Schedule of Events

January 18

  • Commencement, Sheraton Chicago Hotel, 4th Level Sheraton Ballroom, 3:00 p.m.

January 19

  • Martin Luther King Day, Building Closed
  • Mediation Conference Meeting, 16th Floor, CBA Building, 10:00 a.m.

January 21

  • Board of Trustees Academic Affairs Committee Meeting, Room 1101, 12:00 p.m.
  • JCIL Welcome Reception, Room 3E, 4:30 p.m.

January 22

  • Civil Rights Program Committee Meeting, Room 1200B, 2:00 p.m.

January 23

  • Faculty Mini-Colloquium, Room 1200A, 12:15 p.m.
  • Moot Court Advocacy Competition Recognition Dinner, Crystal Room, Union League Club, 6:00 p.m.

January 24

  • Diagnostic Exam Review, Room 200, 9:00 a.m.
  • BAR BRI Make-up Lecture, Room 503, 9:00 a.m.

January 25

  • Diagnostic Exam Review, Room 200, 9:00 a.m.

January 26

  • Center for Tax Law and Employee Benefits Welcome Reception, Room 3E, 12:00 and 5:00 p.m.

January 27

  • Career Services - Top 5 Job Search Tips, Room 1200a, 12:45 and 5:00 p.m.

January 28

  • Center for International Business and Trade Law's Rome/Barcelona Summer Information Session, Room 1200B, 12:45 p.m.
  • Delta Theta Phi - Alumni Program, Room 3East, 4:30 p.m.

January 29

  • Young Alumni Advisory Council Meeting, Room 1200B, 12:00 p.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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SBA Holiday Party Performances

First-year student Jeffrey Dixon performed a juggling routine for students at the Student Bar Association Holiday Part. Dixon, who first began juggling as a junior high student, performed with the Triton Trouper Circus of Triton College for six years.

Second-year student Heather Neaveill entertained students by playing viola. Neaveill has appeared with the Chicago Symphony Orchestra and the orchestra of the Lyric Opera, among her many notable performances.

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Fair Housing Center and Clinic

The Clinic has entered into a settlement agreement in McNown v. Luther Village. This case was filed at the Federal Department of Housing & Urban Development (HUD). Gordon McNown resided in a co-op building and requested a reasonable accommodation in the form of a 24-hour caregiver because he suffered from Parkinson's disease, which caused him to fall down. The management refused the request and harassed Mr. McNown and his caregiver. Legal interns, Karen Kaspar, and Jamie Doolin, under the supervision of Clinical Professor F. Willis Caruso considered a settlement agreement with payment of $15,500 attorney's fees to The John Marshall Law School. The complex also agreed to train its staff in fair housing, and to adopt an accommodation policy that follows the regulations of the Fair Housing Act.

The Clinic also settled Lowry/Edward v. Owner and Real Estate Salespeople. The case involved discrimination based on race in the sale of a three-flat building. Working with HUD conciliator, legal interns, Jamie Doolin, Karl Huntsicker and Hana St. Clair under the supervision of clinical professor, F. Willis Caruso, worked out a conciliation agreement with $10,000 to the client and $5,000 to The John Marshall Law School.

In Gallegos v. 4880 N. Marine Drive Condominium Association, a disability case, filed at the Chicago Commission, an agreement was reached whereby the Clinic's client was given a handicap parking space, a ramp to the building and the building agreed to adopt a procedure to comply with local, state and federal law with respect to serving the needs of the client with door assists. The settlement was negotiated by legal intern, Jamie Doolin.

In another disability case, Mason v. Lunt-Lake, legal interns, Erin Gallagher, Shamegua Smith and Kristen Spinato filed a case in the federal court and the Illinois Department of Human Rights to secure an accommodation for a disabled client who needed a support animal. The interns filed for a temporary restraining order on Monday, November 17, 2003, and after appearing in court, a settlement was reached whereby the client was allowed to have the support animal.

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Faculty Activity and Publications

Professor Gerald E. Berendt

Publications

His opinion in an important decision of the Illinois Educational Labor Relations Board is reproduced in a new casebook, Public Sector Employment published by Thomson-West Publishing in 2004. The last case written by Professor Berendt before he stepped down as Chairman of the Illinois Educational Labor Relations Board in 2002, SEIU Local 73 v. Palatine Community Consolidated School District No. 15, 18 PERI 1043 (2002) raised the question of union access to school district property in order to distribute union organizational literature. The IELRB rejected the private sector test that permits employer exclusion of outside union agents unless there are no alternative channels of communication for the union. Instead, the IELRB adopted a non-public forum / public forum distinction under which the union organizers could be excluded from school property during teaching hours but could not be excluded when the school is open to the general public. The casebook also features an Illinois Appellate Court decision reviewing the IELRB's decision concerning whether graduate assistants at the University of Illinois are employees with collective bargaining rights under the Illinois Educational Labor Relations Act. After many years of litigation, the IELRB ultimately concluded that graduate assistants whose work was unrelated to their studies were employees entitled to statutory bargaining rights, but graduate assistants whose work was related to their studies were not.

Professors William K. Carroll and Michael P. Seng

Publications

West Publishing Company has published the second edition of their book, Eyewitness Testimony _ Strategies and Tactics. The book was first published by Shepard's/ McGraw Hill in 1984. Professors Melvin B. Lewis and Edward B. Arnolds were co-authors along with Professors Carroll and Seng for the first edition. The new edition contains a dedication to Professors Lewis and Arnolds, who are both deceased. Professor Carroll and Seng kept the first edition up to date with yearly supplements; they will do the same with the second edition.

The book contains the latest findings by psychologists and social scientists on the fallibility of eyewitness testimony and discusses the legal rules surrounding the admission of eyewitness testimony and the practical strategies that attorneys can use to counter the enormous weight that judges and juries give to eyewitness testimony in both civil and criminal cases. The book examines such issues as hypnosis as an aid to recall, the use of expert testimony and jury instructions to alert finders of fact about the fallibility of eyewitness identifications, and what a lawyer can do before trial to protect his or her client from an erroneous identification.

Eyewitness Testimony is published as part of the West Trial Practice Series.

Professor F. Willis Caruso

Activities

He was the guest of the Rockland County Human Relations Commission, December 10 & 11, 2003 in Nayed, New York for its Fortieth Anniversary Luncheon. He presented Continuing Legal Education training to 40 members of the Rockland County Bar Association on Fair Housing/Fair Lending. The title of the presentation was Practical Practice Tips in Court and Administrative Hearings. The Fair Housing Legal Support Center has been asked to provide initial consultation for the Rockland County Legal Aid Society in its efforts to establish a Fair Housing Clinic.

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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. 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 Wednesday.

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