May 30 - June 5, 2004


Senator Durbin Receives 2004 Freedom Award From Alumni Association at Annual Luncheon

The John Marshall Law School Alumni Association presented its 2004 Freedom Award to U.S. Senator Richard Durbin (center) at the association's annual luncheon on May 21 at the Palmer House Hilton. Congratulating the senator are alumni association president Celia Gamrath (left) of Schiller DuCanto and Fleck, and alumni association board member Philip F. Maher (right) of Philip F. Maher & Associates.

The John Marshall Law School Alumni Association presented its 2004 Freedom Award to Senator Richard Durbin, D-Ill., at its annual luncheon held May 21 at the Palmer House Hilton.

Durbin shared the podium with alumni William Bates Jr., Cheryl Cesario, Franco Coladipietro, Michael Favia, Robert Glaves, and Jill F. O'Brien, and Professor Leonard J. Schrager who received Distinguished Service Awards for their support of the law school and their work in the legal community.

In his address, Senator Durbin reflected on the role of law in society today and in the protection of America's freedoms. He said the Supreme Court's decision in Brown v. Board of Education 50 years ago "is a moment that truly defines what freedom is all about in our democracy. It is hard to imagine another decision in my lifetime that has had such a great impact on the United States."

Durbin said the Brown decision gave America a new vision for the country's future. "It is a vision for freedom, opportunity and equality." At the same time, the senator pointed out, The John Marshall Law School was 50 years ahead of the nation having graduated its first African-American student in 1904 and having welcomed women, immigrants and other minorities. "That speaks volumes about the core principles upon which your school was founded: access, opportunity, diversity and innovation," he added.

Today the country faces new challenges to freedom brought on by the war on terrorism.

"The incidents in Iraq that have come to light in recent weeks have reminded us again that freedom is just a word on paper unless people of moral conscience can put the concept to practice," he told the audience. Despite all the good works of American soldiers, it is the startling pictures at Aby Ghraib Prison that are leaving a lasting impression.

"If our nation truly believes in the rule of law, democracy and freedom, we have to demonstrate these ideals in our own conduct," he reminded the luncheon guests. "Ours is a nation that stands by the principles of freedom, even during time of war" and we must not falter, even in this war on terrorism.

"Each of us can do something…to make sure that we can leave a legacy of freedom," Durbin said. He recalled the ending of the movie "Schindler's List" in which the main character, after saving hundreds of Jews, says "I should have done more."

"We can do more. It's our responsibility in this time of war. Freedom is not only our legacy but our responsibility."

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Commencement Ceremonies June 13

The John Marshall Law School will award 241 J.D. and 67 LL.M. degrees at commencement ceremonies June 13 at McCormick Place Lakeside Center.

This will be the 177th annual commencement for the law school that was founded in 1899.

Dennis Archer, president of the American Bar Association (ABA), will deliver the commencement address and will be awarded an honorary degree. He is the first African-American to head the ABA.

The Michigan native received a bachelor's degree in education from Western Michigan University and taught learning-disabled children in the Detroit Public Schools before earning his law degree from the Detroit College of Law.

He was a trial lawyer and partner at several Detroit law firms, and an associate professor at the Detroit College of Law and at Wayne State University Law School. In 1985, Archer was appointed to the Michigan Supreme Court and in 1986, he was elected to the court serving until 1990. During his term, Archer was recognized as the "most respected judge" in Michigan by the Michigan Lawyers Weekly.

He returned to private practice, and was recognized as one of the "100 Most Influential Lawyers in America" by the National Law Journal.

In 1994, Archer won the Detroit mayoral election. He won re-election in 1998 to a second four-year term. He was president of the National League of Cities in 2001.

Today Archer serves as chairman of Dickinson Write PLLC, a 200-person law firm with offices in Detroit and Washington.

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In Memoriam

Cynthia Hinman, a former faculty member at The John Marshall Law School, passed away on Sunday, May 8, 2004, after a long battle with cancer.

Associate Professor Hinman taught Lawyering Skills and worked with many moot court teams in the 1980s and 1990s. During her time on the faculty, she also served as associate director and acting director of the Lawyering Skills Program.

Faculty members Gerry Berendt, Susan Brody, Joel Cornwell, Ardath Hamann and Julie Spanbauer represented the law school at the memorial service on Saturday, May 22, at the Federated Church of Wauconda. The church was filled to capacity.

During the reminiscences portion of the service, Hamann rose and remembered her friend's contributions to the law school. Berendt said afterward, "It was a touching service. Both of Cyndi's daughters gave eulogies, and the pastor was warm and eloquent. The service began and ended with a bagpiper. Ardath did a marvelous job `remembering' Cyndi."

Professor Ann Lousin, who with others spent time visiting Ms. Hinman before her death, remembered her as "very brave." Remembering Professor Marie Monahan who also succumbed to cancer earlier this spring, Lousin said, "I have to wonder if I could be as brave in the face of cancer as Cyndi and Marie have been. They were examples to us of `grace under pressure.'"

Ms. Hinman was dedicated to her volunteer work at Home of the Sparrow, an organization that helps homeless women get back on their feet. The group's meeting was one of the last events she attended before her death. Memorial contributions in Ms. Hinman's name can be sent to Home of the Sparrow, 325 N. Hough St., Barrington, IL 60010.

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John Marshall Honors Judge George Leighton

The John Marshall Law School honored retired Judge George Leighton (second from left) for his 39 years as an adjunct professor. Gathering at his "thank you" party as Leighton stepped down from the teaching roster were (from left) Yolanda Hancock, director of annual giving, and alumni Patrice Ball Reed (J.D.'84) and retired Circuit Court Judge Everette Braden (J.D. '61).

Cook County Circuit Court Chief Judge Timothy Evans (right) congratulates retired Illinois Appellate Court Judge George Leighton (left) as he ended his 39-year career as professor of the seminar on rights of prisoners.

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Schedule of Events

June 1

  • 50 Club Luncheon, Room 3East, 12:00 p.m.

June 2

  • Alumni & Development Meeting, Room 402, 12:00 p.m.

June 4

  • Staff Appreciation Lunch, Room 1200, 12:00 p.m.

June 6

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

June 8

  • AIDS Foundation Chicago Meeting, Room 1200, 9:00 a.m.

June 9

  • International Trade Club of Chicago Meeting, Room 402, 12:00 p.m.
  • Board of Trustees Meeting, Albert Hofeld Room of the CBA, 4:00 p.m.

June 11

  • Commencement Cap and Gown Pick-Up and Photographs, Room 200 - 201, 12:00 - 6:00 p.m.
  • Commencement Regalia Reception, Room 300, 12:00 - 6:00 p.m.
  • Alumni Chapter Presidents Lunch, Room 3East, 11:30 a.m.
  • Alumni Annual Meeting, Room 1200, 5:30 p.m.

June 12

  • Admissions Open House, Room 200 - 201, 9:30 a.m. - 1:30 p.m.
  • Alumni Chapter Presidents White Sox Outing, 6:00 p.m.

June 13

  • Alumni Chapter Presidents Lunch, Hyatt McCormick Place, 12:30 p.m.
  • Commencement, McCormick Place, Lakeside Center
  • 1:00 p.m. - Alumni Legacy Lunch, East Lakeside Terrace 1:30 p.m. - Student Robing, Room E450, 4th Level
  • 2:15 p.m. - Faculty Robing, Room E451, 4th Level
  • 3:00 p.m. - Ceremony, Lakeside Center Ballroom, Room E354, 3rd Level
  • Reception follows the ceremony on the south terrace of the Lakeside Center

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Faculty Activity and Publications

Professor Robert Gilbert Johnston

Activities

He spoke at the recent conference at the State Intellectual Property Office (SIPO) Center for Intellectual Property in Beijing, China, where John Marshall and SIPO celebrated the 10th anniversary of the cooperative agreement between the Center and John Marshall. He also spoke on admission to the practice of law and the regulation of lawyers at Jilin University School of Law in Changchun, China, on May 19, 2004. He also spoke about the differences in the Chinese and American judicial systems and the role of judges and human rights issues in the courts with Chief Judge Sun and associate judges of the Intermediate Court of the City of Changchun, China, on May 22, 2004.

Professor Doris E. Long

Activities

At the Conference on Handling Intellectual Property Issues in Business Transactions on April 23 she spoke about E:Business Solutions to P2P Piracy: A Practical Guide. She addressed the group, sponsored by the Practicing Law Institute in Chicago in 2003, and was honored to be invited back to speak again this year on the same topic. Long was the only law school faculty member included in the two-day program. She analyzed some of the recent developments in the protection of copyright on the Internet, including liability issues for "facilitators;" Sony and the doctrine of "substantial non-infringing uses; the DMCA and privacy; and anti-circumvention devices and fair use. She also provided practical tips on dealing with potential Internet piracy issues in business transactions, including tips for methods for structuring deals to minimize the legal and business costs of combating piracy. The written article on which her remarks were based was published in Handling Intellectual Property Issues in Business Transactions (2004), published by PLI.

On May 13, 2004, Professor Long spoke about International ISP Liability at the 2004 Spring Meeting of the American Intellectual Property Law Association (AIPLA) in Dallas, Texas. In her speech, she examined present standards concerning ISP liability for illegal third party content under diverse national laws and international instruments, including applicable European Union Directives and recent U.S. Free Trade Agreements. Although as yet no multinational treaty addresses the question of ISP liability, Long concluded that certain trends are emerging in the area. Based on these trends, she provided practical tips for ISP's on reducing their liability internationally, including advertising limitations, monitoring requirements and suggestions on appropriate procedures to respond to copyright owner notices of infringement and subscriber identity disclosure requests. She was one of only two professors on the program. She intends to use some of the analysis for this presentation in an article she is researching on the problems with the international standards being developed by the Free Trade Agreements. Her remarks will be published as part of the conference proceedings.

Professor Timothy P. O'Neill

Publications

He published two articles this month. One, "Rethinking Miranda: Custodial Interrogation as a Fourth Amendment Search and Seizure," 37 U.C. Davis Law Review 1109 (2004), contends that many of the problems surrounding interpretation of Miranda v Arizona can be eliminated by realizing that the real values of Miranda proceed from the Fourth Amendment rather than the Fifth Amendment. The other article, "Two Concepts of Liberty Valance: John Ford, Isaiah Berlin, and Tragic Choice on the Frontier," 37 Creighton Law Review 471 (2004), applies Isaiah Berlin's theory of liberty to several John Ford films about the settling of the American West.

Professor Mark E. Wojcik

Activities

He spoke about "The Rule of Law and the Role of Lawyers in International Trade and Business" at Jilin University School of Law in Changchun, China, on May 20, 2004. The lecture was attended by more than 100 people.

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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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