February 29 - March 6, 2004


Cheryl Cesario Named Assistant Director of John Marshall's Advocacy Center

Cheryl Cesario has been appointed assistant director for the Center for Advocacy and Dispute Resolution at The John Marshall Law School.

Cesario will share her extensive experience as both a practicing attorney and a legal administrator with students in John Marshall's nationally ranked advocacy programs and Moot Court competitions.

After receiving her degree from The John Marshall Law School in 1981, Cesario began her career as a Cook County assistant state's attorney. During her 12-year career there, she served as supervisor of the Juvenile Division after serving in various divisions prosecuting drug, misdemeanor and felony criminal cases. She tried over 45 jury trials and was promoted to the state's attorney's executive staff as family issues coordinator.

From 1994 to 2003, Cesario was general counsel for the Illinois Department of Children and Family Services (DCFS) overseeing 46 attorneys and 52 support staff in the Office of Legal Services. The office was responsible for all litigation involving DCFS, and Cesario served as DCFS liaison with the state judiciary, the Illinois Attorney General's Office, and the Cook County Public Guardian's Office.

Cesario has serving on committees for the Administrative Office of the Illinois Courts, the Chicago Crime Commission, and committees of the Circuit Court of Cook County. She twice was appointed to the Illinois Juvenile Justice Commission, and appointed a member of the Cook County State's Attorney's Special Commission on Juvenile Competency. She received the Pearl S. Hart Award in 2000 for outstanding service to the Cook County Juvenile Court.

Cesario is a member of the American Bar, Illinois Bar and Chicago Bar, and Women's Bar Associations, the American Bar Foundation, Justinian Society of Lawyers and The John Marshall Law School Alumni Association.

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John Marshall Law Students Welcome Judge Pincham

Members of the Glenn T. Johnson Chapter of the Black Law Students Association at The John Marshall Law School (from left) Angela Lockett, Donna Moore and Arlette Shirley-Porter welcomed retired Cook County Circuit Court Judge Eugene Pincham as a guest speaker for one of BLSA's February programs marking Black History Month.

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Schedule of Events

March 1

  • Basic Patent Cooperation Treaty Seminar, Room 1200B, 8:30 a.m.
  • Faculty Assembly, Room 1200A, 12:00 p.m.

March 2

  • Basic Patent Cooperation Treaty Seminar, Room 1200B, 8:30 a.m.
  • Career Services - Resume & Cover Letter Writing Workshop, Room 1200A, 12:30 p.m.
  • Career Services - Meeting with 1Ls, Room 1200A, 5:00 p.m.
  • Domestic & Foreign Patent, Trademark, Trade Secret & Copyright Documentation, Room 402, 6:00 p.m.

March 3

  • Writing Resource Center Grammar Review Workshop, Room 522, 4:00 - 6:00 p.m. Director, Elizabeth Kadlec, will offer the fourth in the Writing Center's series of Writing Workshops offered to students during second semester.
  • Center for Information Technology and Privacy Lawt Lecture with Aliza Sherman, "Adventures of Women in Cyberspace," Room 1200, 5:00 p.m.
  • ACE Exam Award Reception, Student Lounge, 5:00 p.m.

March 4

  • Career Services - How to Research Employers, Room 1200B, 12:30 p.m.
  • Minneapolis Area Alumni Reception, The Marquette Hotel, Minneapolis, MN, 5:30 p.m.
  • Washington D.C. Area Alumni Reception, Sofitel Layfayette Square Hotel, Washington D.C., 5:30 p.m.

March 6

  • Trademark Law Lecture, Room 1200A, 10:00 a.m.

March 9

  • Domestic & Foreign Patent, Trademark, Trade Secret & Copyright Documentation, Room 402, 6:00 p.m.

March 10

  • LAGBAC program, Room 503, 8:30 a.m.
  • PLI - Patent Bar Review Course, Room 1200, 8:30 a.m.
  • Board of Trustees Executive Committee Meeting, Albert Hofeld Room of the CBA, 2:00 p.m.
  • Board of Trustees Meeting, Albert Hofeld Room of the CBA, 4:00 p.m.

March 11

  • PLI - Patent Bar Review Course, Room 1200, 8:30 a.m.
  • Young Alumni Council Meeting, Room 1200B, 5:30 p.m.

March 12

  • AIDS Foundation Conference 2004, Rooms 503, 522, 526 and 528, 8:00 a.m.
  • PLI - Patent Bar Review Course, Room 1200, 8:30 a.m.

March 13

  • PLI - Patent Bar Review Course, Room 1200, 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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Brehon Society to March in St. Patrick's Day Parade

The Brehon Society will march in the Downtown St. Patrick's Day Parade on March 13, 2004. Illinois Appellate Court Justice Michael J. Gallagher and John Marshall alumni former Illinois Sen. Jim Durkin and Copok County Assistant State's Attorney and judicial candidate Anna Demacopoulos, will be marching with members of the society, John Marshall administrators and faculty members.  T-shirts printed with the phrase Cuir an dlí orm. Is Éireannach mé (Sue me. I'm Irish) will be provided to marchers.  All students and alumni are invited to march in the parade.  The parade starts at noon.  Contact jmls_brehon_society@yahoo.com if you are interested in marching.

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Media Services Department Wins Accolade Award

The John Marshall Law School's Media Services Department has won a prestigious Honorable Mention from the 2003 Accolade Competition.The award was given for Democracy vs. Terrorism and the Implications for the Rule of Law, presented by The John Marshall Law School International Law Program, The Criminal Justice Section, American Bar Association, and The International Human Rights Committee of the ABA Section of International Law and Practice.

The Accolade Competitionwas created to honor and give recognition to outstanding craft and creativity in film, video, television and commercials. Entries are judged by highly qualified professionals in the film and television industry.

In winning an Accolade, The John Marshall Law School joins the ranks of other high-profile winners of this most sought-after award. Thomas Baker, Ph.D., Competition Chairperson, said about this year's competition, "We are thrilled about the exceptionally high quality of entries in this year's Accolade Competition.The winners of this coveted award are truly among the best in their industry."

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Student Activities

March 1

The Women's Law Caucus is accepting donations for its Annual "Glass Slipper" project. Donations of evening dresses, shoes and evening bags will be given to high school girls who might not otherwise be able to purchase them for their proms. Donations will be collected on the second floor lounge.

March 2

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

March 3

An ACE reception will be held in the Sargis-Miner Student Lounge at 5:00 p.m.

March 4

The Muslim Law Student Association will meet at 4:30 p.m. in room 201.

The John Marshall Graduate Tax Society has been reactivated. Open to all students enrolled in either the J.D. or LL.M. programs, the society allows students to learn about specific tax issues, assists them in preparing for a career in taxation, and provides the opportunity to meet outside the classroom. For more information, please see Miss Criss in room 212.

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Faculty Activity and Publications

Professor Debra Pogrund Stark

Publications

She has co-authored an article with Andrew Cook (J.D. '03), "Pay It Forward: A Proactive Model to Resolving Construction Defects and Market Failure," which was published as the lead article in the fall 2003 edition of the Valparaiso University Law Review.

The article identifies the most common types of construction defects facing new homeowners and then analyzes whether existing state and federal laws adequately address them. Stark and Cook contend that current laws and market conditions combine to fail to protect the legitimate expectations of homeowners and they propose in the article legislative reforms to provide the type of ex ante bargain that homeowners would negotiate for if they had the sophistication and bargaining power. In particular, they recommend that states require each developer to fund prior to construction (through a simple escrow or a registration system similar to what exists in New Jersey) for the estimated costs to mediate and resolve construction disputes and that each state enact a statutory warranty that can not be waived and that is much more specific than the vague concept of the "implied warranty of habitability." This statutory warranty would cover the basics and parties could bargain for a more elaborate warranty, for a higher construction price.

Stark and Cook contend that the reforms they propose would address the most serious problems currently facing homeowners after they discover a material construction defect: the time delays and costs of bringing a lawsuit, the difficulty of trying to prove that the home is not "habitable," the prevalent practice of new homeowners waiving the implied warranty of habitability with a too narrow express warranty imposed in its place, and the developer being "judgment proof" and lacking in assets to recover from.

Andrew Cook is currently working in Seattle, Wash., handling the legal end of land use issues and lobbying. He credits obtaining his exciting job in part to co-authoring this article with Professor Stark. For her part, Professor Stark hopes that Cook will be successful in having their ideas implemented in the near future based on the lobbying experience he is now gaining.

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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 925 CBA, 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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