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March 27 - April 2, 2005 |
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The John Marshall Law School Steven
Douglas Senate of Delta Theta Phi recently secured a bid to publish in 2006
Volume 15 of the Adelphia Law Journal.
Each year, the National Editorial Board
of the Adelphia chooses a law school chapter of Delta Theta Phi to
undertake the challenge of editing and publishing that year's issue of the
journal. The focus of the 2006 issue is a symposium on search and seizure on a
domestic and an international scale, and particularly the changes since the
Sept. 11 terrorist attacks.
The editorial board for the 2006
journal is Colleen Tierney, editor-in-chief; Blair Wheat, managing editor; Kyle
Rubeck, executive lead articles editor; Tara Beth Davis, lead articles editor;
and Mike Burke, lead articles editor.
Also, Joselynne Gardner McKoy,
administrative editor; Jessica Whitmore, executive student publications editor;
Gwendolyn Drake, student publications editor; Jason Kendziera, student
publications editor; Lesley Gool, student publications editor; and Mike Walsh,
case note editor.
And, Matthew Campobasso, operations
editor; Luz Toledo, executive production editor; Constance Wright, productions
editor; Alka Ramchandani, productions editor; and Kattina Barsik, appendix
editor.
Every member of Delta Theta Phi is
permitted an opportunity to have an article published in the 2006 issue.
Interested students not currently affiliated with a legal fraternity are
encouraged to join and take advantage of the opportunity to write an article or
assist the editorial board in producing the issue. Faculty with expertise in
this area are invited to contact any member of the editorial board to discuss
opportunities for publication in the upcoming issue. 
Adelphia Law Journal editorial board
members are (front row, from left) Alka Ramchandani, Jessica Whitmore,
Joselynne Gardner McKoy, Colleen Tierney, Tara Beth Davis, Kattina Barsik,
Lesley Gool and Constance Wright, and (back row, from left) Gwendolyn Drake,
Matthew Campobasso, Matthew Rogina, Michael Walsh, Kyle Ruebeck; Blair Wheat;
and Michael Burke.
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Donna Harnett, a third-year student at
The John Marshall Law School, has been speaking out against the proposed
$250,000 cap for noneconomic damages in malpractice cases because of what she
and her son go through each day.
The proposal is part of an over-haul
package by President George W. Bush calling for limiting the damage award in
malpractice cases, restricting class-action lawsuits and curbing
asbestos-related litigation. To date, action has been taken on limiting
class-action lawsuits which now will be heard in federal courts, rather than
state courts.
Harnett has testified before the
Obstetrician Task Force Committee in Springfield, and on Capitol Hill in
Washington, D.C. as a representative of the Center for Justice and Democracy.
In discussions with a representative of
Sen. Richard Durbin (D-Ill.), Harnett told of her nine-year-old son, Martin,
who is mentally and physically disabled because of problems with his delivery.
She believes capping the amount awarded for pain and suffering would be an
unjust resolution to payment in malpractice claims.
"I had the right to file a lawsuit and
a right for a jury of my peers to decide what my son should be compensated
for," she said. "A cap would take that right away from others" especially for a
child. Harnett says because the child has never worked, it is difficult to say
what economic damages he has suffered. She knows that $250,000 would not be
nearly enough for the suffering her son has gone through.
Although doctors believe caps will help
lower their skyrocketing insurance premiums, Harnett said in states that have
put caps in place, insurance premiums have not gone down. The outcome is that
the injured and their caregivers are at a serious disadvantage, Harnett
believes.
She considers her family lucky that
caps were not in place when she settled her lawsuit against the doctors and
hospital involved with her son's delivery. Because of her financial picture,
she is able to hire someone to care for her son when she is not available; to
provide for a specially-designed van for his transportation, and to remodel her
home to accommodate his special needs.
Although the president and his allies
argue the threat of jury awards is driving up malpractice insurance rates,
trial attorneys believe other factors, including few regulatory restrictions on
insurance companies, are only adding to the problems.
Harnett said the issue that she is
"really sad" about is that the doctor who she sued had a previous record of
medical malpractice that she was not aware of at the time of her delivery. She
has tried numerous times to get the Illinois Department of Regulation to review
her case and others against the doctor, but no action has been taken. The
doctor continues to practice. 
Donna Harnett met with Rep. John
Conyers (D-Mich.) during a U.S. House of Representatives hearing on President
Bush's proposal to limit noneconomic damages in medical malpractice.
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The John Marshall Law School hosted a
discussion on the successful passage of an amendment adding "sexual
orientation" to the Illinois Human Rights Act. Pictured here are (front row,
from left) panel moderator Stephen S. Herseth; Rocco J. Clapps, director of the
Illinois Department of Human Rights; Illinois Rep. Sara Feigenholtz; and
Professor Mark E. Wojcik. Also pictured are (back row, from left) Gay and
Lesbian Legal Alliance President Mario Sullivan; Equality Illinois Board
President Michael B. McHale; Illinois Senator Carol Ronen; Equality Illinois
Political Director Rick Garcia; Equality Illinois Board Member Art Johnston;
and Jeremy H. Gottshalk of the law firm Schwartz, Cooper, Greenberger &
Krauss.
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Israel's security fence was one of the topics of
discussion when Tel Aviv University Professor Ilai Alon was a guest speaker for
a February program hosted by The John Marshall Law School Student Chapter of
the Decalogue Society of Lawyers.
During his visit, Alon also discussed the strong
sense of religion invoked in Israeli youths who join the Israeli Defense Force.
Students and guests also learned from Alon about the mutual fear between
Israelis and Muslims and the possible future alternatives to the Israeli
security fence.
Alon has served as an Israeli advisor to peace talks
with Syrians and Egyptians. His academic training focuses on negotiations with
Arabic-speaking Islam.
This program was presented in collaboration with
JUF's JCRC and the Hillels of Illinois.
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A debate on the use of the filibuster in judicial
nominations will be the topic for a noon program on Wednesday, March 30 in Room
200 at The John Marshall Law School.
The program, hosted by The Chicago Lawyer and
the John Marshall chapters of the American Constitution Society and the
Federalist Society, will feature Nan Aron, president of Alliance for Justice;
Bruce Fein of Bruce Fein & Associates and a former associate deputy
attorney general in the Reagan Administration; Geoffrey Stone, the Harry
Kalven, Jr. Distinguished Service Professor of Law at the University of
Chicago. The program moderator will be Thomas P. Sullivan, a partner at Jenner
& Block.
The program is free. Lunch will be catered by Star
of Siam Restaurant and will be available to John Marshall students for a cost
of $10. Luncheon reservations should be made with Amy Gardner at 312.407,0888,
or e-mail chicago@acslaw.org by 3 p.m. Monday, March 28.
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Professor Kathryn Kennedy, director of
the Center for Tax Law and Employee Benefits, offered expert testimony on
pensions before the Advisory Panel for Tax Reform. The panel was appointed by
President Bush to examine the tax code for possible changes. Professor Kennedy
testified during special hearings on Wednesday, March 16, in Chicago.
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The Women's Law Caucus and the Law Enforcement
Students Organization are hosting "Alternative Perspectives on Domestic
Violence," a special luncheon program open to John Marshall students, from noon
to 2 p.m. on Wednesday, April 6, in Room 1200.
Students must register by March 31 to attend this
program and reserve lunch. Please e-mail events@jmls.edu
indicating your attendance.
The keynote speaker will be Judge Sheila Murphy,
former presiding judge of the Circuit Court of Cook County, Sixth District. She
is now with Rothschild, Barry & Myers.
After her presentation, a panel discussion will
follow. Panelists will be Vicki Coffey, executive director of the Chicago
Metropolitan Battered Women's Network; Stephanie Love-Patterson, co-director of
the Hospital Crisis Intervention Project / Chicago Abused Women Coalition, at
Stroger Hospital of Cook County; Sgt. Kathleen Argentino, Domestic Violence
Operations coordinator with the Chicago Police Department; and a woman who has
been affected by domestic violence. Kathleen Doherty, Executive Director of the
Friends of Battered Women and Their Children, will serve as moderator.
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Professor Paul Lewis
Activities 
He recently gave the following two lectures: at
Charles University, Prague, Czech Republic: "Bankruptcy and Insolvency
World-Wide: Trends and Ramifications for the Czech Republic," March 10,
2005; and at Trinity College, Dublin: "Irish Examinership Law, the
Enterprise Act of 2002, and the American Bankruptcy Code: What Will the Future
Bring?" Trinity College School of Law, Dublin, Ireland, March 8, 2005.
Professor Doris Estelle Long
Activities 
She has recently been appointed the Chair of the
Intellectual Property, Information Technology and Privacy Group. She continues
to consult with diverse governmental agencies on IP capacity building and rule
of law issues. Last Fall Professor Long was invited by the State Department to
participate in a conference co-sponsored by the Caribbean Development Bank and
the US Office of Public Diplomacy on the Intellectual Property Debate in the
Digital Environment: Challenges and Opportunities for the Information Sector
held in, Christ Church, Barbados. At the conference, she examined the changing
role of the protection for copyright and neighboring rights internationally and
discussed the US experience in protecting such rights in the digital
environment. Professor Long also addressed the role that libraries and other
information service providers can play in aiding Caribbean nations in achieving
a workable solution to protection in the digital environment. In addition, she
participated in an informal round table discussion that addressed upcoming
issues in potential free trade agreement negotiations between the Caribbean
countries and the United States.
In November, Professor Long was invited by the
Haitian Embassy in Washington, D.C. to speak on "How Intellectual Property Can
Help Haiti Develop Its Cultural Industries." In her speech Professor Long
discussed the use of copyright and traditional knowledge protection methods for
helping Haiti to develop its cultural industries, including in particular its
music and art industries. Her work The Enforcement of Intellectual Property
Rights: A Practical Training Guide has been translated into Russian.
Professor Long was one of 25 individuals (and only
on of two US representatives) selected to participate in Executive Program on
Science, Technology and Innovation Policy at the Kennedy School of Government,
at Harvard University last November. One of the premiere programs on STI, the
Harvard Executive Program focuses on the role of STI in g aiding countries in
participating in the global economy through the development of practical based
innovation policies that help meet the human and commercial development needs
of the Third World. While at the program, Professor Long drafted comments to
the Report of the Task Force on Science, Technology and Innovation of the
United Nations Millennium Project which were incorporated into the final
version. These comments addressed the role of intellectual property in
stimulating economic development and suggested a staggered capacity building
program for developing countries. Professor Long is currently working on an
article that addresses the problem of IP capacity building in the Third World
and suggests practical methods for using intellectual property to help
implement the Millennium Development Goals.
More recently, this past February, Professor Long
spoke on "Landmarks Or Landmines: The Dangerous Waters Of Trademark
Protection," at the 49th Annual Conference on IP Developments at the
John Marshall Law School. In her presentation she examined the problems posed
for those who seek to protect product configurations under trade dress regimes
given the current hostility to trademarks demonstrated by recent Supreme Court
decisions. In January Professor Long spoke on "Current Developments in the
Protection of Traditional Knowledge," at the Joint Session of the International
Education and IP Practice in Latin America Committees of the AIPLA
Mid-Winter Meeting in Orlando. In her speech she outlined the most recent
developments internationally in the debates over the protection of traditional
knowledge, including the potential impact of such debates on the future of the
current patent harmonization negotiations.
On January 25, Professor Long was one of two
speakers for the Lunch and Learn Program "Diluted Beyond Repair? Federal
Trademark Dilution in the Digital Age." At this program Professor Long debated
with Uli Widmaier, a partner at Pattishall, McAuliffe, and the merits of the
present Federal Trademark Dilution Act. Among the topics debated was the need
for a federal trademark dilution act in the digital age, the role of public
confusion in determining dilution, and the proper interpretation of such
statutory requirements as fame, distinctiveness and similarity of marks. In
December Professor Long spoke on "Where is the "Fair" in Fair Use?" at the
conference Is Copyright Broken?, co sponsored by the Midwest Chapter of the
Copyright Society of the USA & The John Marshall Law School. In her speech,
Professor Long examined the role of patent doctrines in shaping current
copyright laws and suggested that such doctrines had been misunderstood and
misapplied.
In November Professor Long spoke on "Is a Global
Solution Possible to the Technology/Privacy Conundrum?," at the "Copyright
& Privacy: Collision or Co-Existence?" conference at The John Marshall Law
School. In this presentation Professor Long examined the problems in crafting
an international solution to the debate over privacy and copyright owner's
ability/right to access end user identifications.
In November Professor Long also presented her paper
"Culture, Property and the Unintended Consequences of the Public Domain," at
the inaugural meeting of the Working Group on Property, Citizenship, and Social
Entrepreneurism in Washington, D.C. In this paper Professor Long examined the
potential harmful effect that over expansive views of the public domain may
have on the ability to indigenous peoples to protect their culture and
traditions from deculturizing uses.
In October Professor Long spoke on "What Happened
After the Big Bang: Law and Music in the Digital Age," at the conference on The
Big Bang: The Changing Music Industry Via New Distribution Channels,
co-sponsored by the Intellectual Property Law Association of Chicago, The John
Marshall Law School Intellectual Property Center, JMLS Entertainment Law
Society & JMLS Intellectual Property Society. In her presentation she
examined the current debates over the application of the DMCA to music piracy,
including an update on the Grokster P2P filing case out of the Ninth Circuit.
In October, Professor Long also served as a panelist debating the merits of
current free trade agreements in combating global piracy at the Free Trade and
Counterfeit Roundtable held at Michigan State University College of Law in East
Lansing.
Professor Debra
Publications 
Her article, "Unmasking the Predatory Loan In
Sheep's Clothing: A Legislative Proposal," will be published in volume 21 of
the Harvard BlackLetter Law Journal scheduled to be published in
April/May of 2005. Her prior article on predatory lending, "Become A Hero To A
Family In Need: Predatory Lenders Beware" published in Vol. 18, No. 4
July/August 2004 in Probate & Property, will be used as the program
materials for one of the programs at the American Bar Association's Equal
Justice Conference in Austin, Texas in May 2005.
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March 28
- Dean's Meeting and Lunch with Dr. Liu, Room 3East
and Courtroom, 12:00 p.m.
- Hellenic Law Student Association, Room 201, 5:00
p.m.
March 29
- Decalogue Society Meeting, Room 201, 12:00 p.m.
- Delta Theta Phi Meeting, Room 216, 12:00 p.m. and
5:00 p.m.
- Joint JD/LL.M. Information Session in Real Estate
Law, Room 526, 12:00 p.m. and 5:00 p.m.
- Insights I Program, Room 1200A, 12:30 p.m.
- Tea Time with the Deans, Student Lounge, 4:30
p.m.
- Domestic & Foreign Patent, Trademark, Trade
Secret & Copyright Documentation Course, 6:00 p.m.
March 30
- Multiple Choice Exam, Room 300, 12:00 p.m.
- Women's Law Caucus _ Dress for Success, Room
3East, 12:00 p.m.
- Career Services - How to Work a Room, Room 1102,
12:45 p.m.
- Student Bar Association Meeting, Room 403, 5:15
p.m.
- M.S. in Real Estate Law Information Session, Room
526, 5:30 p.m.
March 31
- Fair Housing Pulte Homes Training, Room 1105,
8:00 a.m.
- Chicago Jobs Council Criminal Records Training,
Room 1200A, 9:00 a.m.
- National Criminal Justice Trial Advocacy
Competition, Room 3East, 12:00 p.m.
April 1
- National Criminal Justice Trial Advocacy
Competition, Room 3East, 8:00 a.m.
- Fair Housing HUD Month Kick-Off Meeting, Room 800
of the CBA, 8:00 a.m.
- AIDS Foundation Housing Meeting, Room 1200, 8:00
a.m.
- Insights II Program, Room 409, 12:00 p.m.
- American Constitutional Society Meeting, Room
503, 12:00 p.m.
- Professor Halverson Presentation, Room 402, 1:00
p.m.
April 2
- National Criminal Justice Trial Advocacy
Competition, Room 3East, 8:00 a.m.
- Council of Higher Education, Room 402, 9:00 a.m.
- PMBR, Room 1200, 9:30 a.m.
- Insights I Program, Room 300, 1:00 p.m.
- Insights II Program, Room 201, 1:30 p.m.
April 3
- PMBR, Room 1200, 9:30 a.m.
April 4
- Corporate Law Association Meeting, Room 201,
10:00 a.m.
- American Constitutional Society Meeting, Room
200, 12:00 p.m.
- Career Services - Post Graduate Fellowships: The
Hidden Jobs, Room 1102, 12:45 p.m.
- Guest Lecturer - Professor Peter Fitzpatrick,
Room 1200, 4:00 p.m.
- Career Services - Evening Student In-depth
Workshop on Resume & Cover Letter Writing, Room 201, 5:00 p.m.
April 5
- Faculty Program with Dr. Szucko, Room 409, 12:00
p.m.
- Justinian Society Real Estate Program, Room
3East, 12:00 p.m.
- Insights I Program, Room 1200A, 12:30 p.m.
- International General Counsel's Roundtable
Discussion, Room 800 of the CBA, 12:30 p.m.
- Employee Benefits Info Session, Room 1101, 12:30
p.m.
- Amnesty International Meeting, Room 201, 4:00
p.m.
- ACE Exam Award Reception, Student Lounge, 5:30
p.m.
- Domestic & Foreign Patent, Trademark, Trade
Secret & Copyright Documentation Course, 6:00 p.m.
April 6
- Domestic Violence Seminar, Room 1200, 11:30 a.m.
- Christian Legal Society Meeting, Room 402, 12:00
p.m.
- Career Services - Resume & Cover Letter
Writing Workshop, Room 1102, 12:45 p.m.
April 7
- IP Lunch & Learn, Room 216, 11:30 a.m.
- LS II Internet Legal Research Lab, Room 1200,
12:00 p.m.
- Corporate Law Society Association Reception, Room
3East, 4:30 p.m.
- Meet the Small and Mid-Size Firms (Career
Services), Student Lounge, 4:30 p.m.
- Robert O'Harrow Lecture & Book Signing, Room
1200, 5:00 p.m.
April 8
- Board of Visitors Meeting, Room 402, 8:30 a.m.
- Employee Benefits Symposium, Room 1200, 9:00 a.m.
- Minority Undergraduate Mock Trial Competition,
Room 3East, 11:00 a.m.
- Insights II Program, Room 409, 12:00 p.m.
- Admitted Students Reception, Room 200, 4:30 p.m.
April 9
- Minority Undergraduate Mock Trial Competition,
Room 3East, 8:00 a.m.
- Board of Visitors Meeting, Room 216, 8:30 a.m.
- PMBR, Room 1200, 9:30 a.m.
- Insights I Program, Room 300, 1:00 p.m.
- Insights II Program, Room 201, 1:30 p.m.
April 10
- PMBR, Room 1200, 9:30 a.m.
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In the
Loop is published by The John Marshall Law School, Chicago,
Copyright 2005
Editor: Assistant Dean John M. McNamara; Contributors:
Marilyn Thomas, Director, Public Relations and Advertising; Andrea Koklys,
Assistant Director, Public Relations and Advertising
All information to be included in In the Loop must be placed in the INTHELOOP folder
on the H drive of the law school's computer network by 12 p.m. each Wednesday.
When the volume of submissions exceeds the available space in the printed
version of In the Loop, additonal material
will appear only in the online version of the Newsletter, which can be found on
the law school's website at www.jmls.edu.
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