October 2 - 7, 2005

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Celebration Begins for 65 Years of IP Program

The John Marshall Law School's 65 years of cutting-edge instruction in intellectual property law is being recognized this 2005-2006 academic year with a year-long celebration.

The Center for Intellectual Property Law is hosting several major conferences over the next 10 months to honor the work of its past and current faculty and outstanding alumni, as well as to continue its outreach to intellectual property (IP) attorneys around the world through programming in the latest developments in IP law.

The first event will be the Howard T. Markey Patent Law Symposium "Innovation and Its Discontents: Patent Reform and Innovation Policy in the 21st Century" on Oct. 14. Panelists will examine the challenges in crafting a global patent system that meets the development needs of the 21st century for all participants.

The Nov. 18 program, "Creative Processes and the Public Domain," will examine the nature of the creative process and the impact of the public domain on this process.

The finalé will be the May 25 and 26, 2006 "Developments in Intellectual Property Law" conference. This 50th annual event will be two-pronged: examining the role of the U.S. in international intellectual property and the traditional review of developments in IP law.

"For years, The John Marshall Law School has been the leader in intellectual property law issues. The founders had considerable foresight in giving special recognition to this area of the law," said William McGrath, associate director of the Center. "Of course, what they envisioned has changed and grown considerably over time because of the nature of America's inventions and how we use those inventions. There wasn't an inkling that patents would be awarded for the diabetic's insulin pump, the myriad uses of plastics or the personal computer.

"The number of patents issued in the last 15 years has grown tremendously," McGrath said. "Of course, that means there's more litigation and law students and practicing attorneys have shown a real interest in IP law, especially in the last decade."

The John Marshall Law School has also extended its reach around the globe. For more than a dozen years now, the law school has partnered with the People's Republic of China training patent attorneys at the State Intellectual Property Office (SIPO) in Beijing. Today more than 100 of the attorneys at SIPO have John Marshall certificates or diplomas.

In 1940, John Marshall's Dean Edward T. Lee initiated a one-year Patent Law Course in cooperation with the Chicago Patent Law Society (now the Patent Law Association of Chicago). By 1943, the course included more than 30 lectures in patent law, trademarks, copyrights and unfair trade secrets, and the law school was awarding a new degree, the Master of Patent Law (MPL).

By the mid-1950s, the law school's administration said the course had "developed into the most intensive and comprehensive course in patent law given anywhere in the United States" and the law school began offering a day-long conference in patent law that brought national, and eventually international, speakers to John Marshall.

Each February, more than 200 attorneys would gather for the annual conference directed by attorney Donald W. Banner, director of the Patent Law Division of The Lawyers Institute at John Marshall. Over the years, Banner, who had served as U.S. commissioner of Patents & Trademarks, was able to bring high profile attorneys to Chicago for the programs.

Over the past 50 years, the topics have reflected the change in the practice of IP law. For example, in 1959, Chicago attorney John Paul Stevens, now a member of the U.S. Supreme Court, delivered a presentation on "Sect. 2 & the Patent `Monopoly'" focusing on the importation and sale of French products sold within the U.S. by American companies "for the purpose of excluding competition…" in violation of the Sherman Act. By 1987, University of Washington Professor Donald Chisum was examining "The Patentability of Algorithms" and the benefits to computer programmers' ability to protect algorithms. At the 2004 conference, topics included Internet piracy and trademarks and the Internet.

While many of the courses in the IP certificate and LL.M. programs have familiar names, such as "Intellectual Property Law Survey" and "Patent Law Planning and Practice," the Center keeps its students current with cross-curriculum courses offered in conjunction with the Center for Information Technology and Privacy Law and expanded offerings that include Gaming Law, Entertainment Law and Sports Law.

"Obviously, we take great pride in our program and its traditions, but we're not standing still," said McGrath. "The law continues to evolve and we have the best faculty to share their expertise in an array of topics."

For information on the IP program or its events, contact Michele Bridges, executive director of the Center for Intellectual Property Law at 312.427.2737, ext. 581.

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John Marshall Community Reaches Out to Victims of Hurricane Katrina

Student organizations at John Marshall joined together for the John Marshall Hurricane Relief Fund. Together, the student groups collected nearly $3,000 for the American Red Cross Hurricane Katrina Relief Fund. Pictured are student representatives (from left) Constance Wright, Jessica Smith and Adam Hill.

Elinor Kannon, director of the Department of Event Management (left), and Puneet Arora, Student Bar Association (SBA) president, accepted donations of new socks and undergarments for the Katrina Evacuee Relief Drive. The law school and the SBA collected 236 pairs of socks and other assorted undergarments for the victims of Hurricane Katrina who are currently residing in the Chicagoland area.

The Animal Law Society conducted a bake sale, raising nearly $800 for Mississippi and Chicago area shelters dedicated to helping the animal victims of Hurricane Katrina. Pictured are (seated, from left) student members Sabrina Junger and Cheryl Puckelwartz; and (standing from left) student member Beth Heffernan; Susann "Sunny" Maclachlan, faculty advisor to the organization; and student member Paula Velde.

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Diversity in the Legal Profession Celebrated at John Marshall

Dean Patricia Mell (second from left), of The John Marshall Law School, welcomes special guests (from left) Patrick J. Fitzgerald, United States attorney for the Northern District of Illinois; Judge Jesse Reyes of the Circuit Court of Cook County; Judge Israel A. Desierto of the Circuit Court of Cook County; Charlotte Kormendy of Meckler Bulger & Tilson LLP, president of the Filipino American Bar Association; and U.S. District Court Chief Judge Charles P. Kocoras to the law school for a special program, "The Changing Face of the Law: The Momentum Builds." The annual program, co-sponsored by the Filipino American Bar Association and The John Marshall Law School, brings together members of the specialty bar associations in the Chicago area to celebrate diversity in the legal profession.

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Faculty Activity and Publications

Professor Doris Estelle Long

Publications

Her article, "Practical Tips for Combating the Scourge of Global Piracy," is slated for publication in the fall issue of the Intellectual Property Law Newsletter of the Torts, Trial Insurance and Practice Section of the American Bar Association. In the article Professor Long describes the eight realities of global hard goods piracy that every company must take into consideration in creating effective global protection programs. These eight realities are: (1) Enforcement Cannot Be Imposed from Without; (2) The "Benefits" of Piracy are Evanescent; (3) Too Much of a "Good Thing" Can be Fatal to Future Growth; (4) Piracy is an Economic Crime Against the Public; (5) Just Because It's Illegal Doesn't Make It Wrong; (6) Creativity Doesn't Stop at the Studio; (7) It's About Enforcement, Stupid; (8) Tougher Laws Do Not Tougher Global Protection Make. In addition to discussing these "realities," Professor Long also offers practical tips on how to incorporate these realities into an IP protection program. Many of the suggestions in the article are based on Professor Long's own experience in helping to training IP enforcement personnel in diverse countries, including most recently in Jamaica.

Professor and Associate Dean William Mock

Activities

He is visiting St. Thomas University School of Law in Minneapolis from Sept. 28 to Oct. 1, 2005 as part of an American Bar Association (ABA) law school site evaluation team. St. Thomas is seeking its final ABA accreditation. This is his sixth time serving as an ABA or Association of American Law Schools site evaluator.

Professor Mark E. Wojcik

Publications

Mark E. Wojcik, Brooke M. Bennett, David C. Ianotti, Lisa Ann Murphy, & Annie Stritzke, "International Criminal Law," 39 International Lawyer 279 (2005) (survey of major developments during 2004 in the field of international criminal law).

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Journal of Computer and Information Law 2005-2006 Editorial Board

The 2005-2006 editorial board members for the Journal of Computer and Information Law are (from left) Jake Sosnay, Dina Ninfo, John Brown, Kevin Moran, John Cross, Ryan Kaiser, Laurie Jackson, Colette Karam and Eret McNichols. Not pictured are Panagiota Kelali, Andrew Houser, Alison Rabb and Larisa Morgan.

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Taxation of the Middle Class Examined at John Marshall

"The Rising Tax Burden on the Middle Class," sponsored by the Center for Tax Law and Employee Benefits at The John Marshall Law School, will be held on Oct. 21, from 10 a.m. to 2 p.m., at the law school, 315 S. Plymouth Ct., Chicago.

The program will feature national experts in federal tax law and policy who will explore whether the burden of taxation has moved toward a "bell curve," with low-and high-income taxpayers bearing an increasingly smaller share of the overall tax burden. Three panel discussions will focus on alternative minimum tax, social security premiums and benefits, and income taxes.

For additional information, call the Center for Tax Law and Employee Benefits at 312.987.2380, or visit www.jmls.edu.

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Professor Hammond Addresses U.S. Notary, Title Insurance Issues for Italians

Professor Celeste Hammond, director of the Center for Real Estate Law at The John Marshall Law School, presented her paper, "Rules Concerning Marital Property and Successions in the United States: A Comparison of Notaries and Title Insurance," to the 41st Annual Congress of Italian Notaries in Pesaro, Italy, on Sept. 21, 2005. The theme of this year's conference, "Civil Law _ Common Law: Economic Development and Legal Certainty Within Different Legal Systems," reflects the globalization of real estate ownership and investment.

The Italian notaries are attempting to understand how the civil law system compares with the common law systems of England and America, specifically with respect to successions law, including intergenerational wealth transfer; marital property law; and title assurance of real property. According to the Conference of the Notariats of the European Union: "Citizens having recourse to the law in their family, patrimonial and professional lives occurs more and more in a European and worldwide context, where the need for legal security takes on a new importance."

In civil law countries, notaries perform a quasi-government function. Civil law notaries represent both parties to a transaction and are under a duty to give impartial and objective advice to both parties about the applicable law and the legal consequences of a particular document. Because of the role of the notary in validating documents and the obligations and rights created, courts are not required to certify ownership. This compares with the American system where each party has independent representation by an attorney and where a probate or divorce court must determine rights in many situations. In the U.S., the notary's main duty is to authenticate signatures.

Simultaneous translations in English, French, German, and Italian supported the dialogue among experts from various countries. Professor Hammond was joined by other keynote speakers: Professor Ugo Mattei of the University of California at Hastings and the University of Turin, author of the treatise Comparative Law and Economics; Professor Charles Elson of the University of Delaware College of Business; Professor Andrea Zoppini of the University of Rome; and Judge Ben F. Tennille of the Special Superior Court for Complex Business Cases in North Carolina.

Eliana Morandi, an Italian notary, also gave comments. She visited Chicago in June 2005 to study the U.S. title insurance system. She completed a four-day program at the Chicago Title Insurance Company, with the assistance of Christopher Abbinante (J.D. '76).

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Staff Notes

Joel Daly

Director of External Affairs

The Boy Scouts of America, Des Plaines Valley Council will honor him with the Distinguished Citizens Award for his outstanding contributions to the community as a role model and attorney at the Distinguished Citizens Breakfast Event, Oct. 21, at the La Grange Country Club.

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Student Activities

October 3

The fourth in a series for solo practitioners sponsored by Delta Theta Phi will be held at noon and 5 p.m. in room 201.

October 4

The Hellenic Society will hold its first meeting of this semester at 5 p.m. in room 216. All are welcome. Pizza will be served.

The International Law Society will feature Attorney Michael Avramovich who will speak about "Religious Persecution" at its meeting at noon in room 201. Pizza will be served.

October 5

If you are interested in family law, consider attending the first election meeting of the John Marshall Family Law Society. The meeting will be held at noon in room 403. Pizza will be served.

October 6

Delta Theta Phi initiation, reception and solo program will be held at a breakfast meeting at 8:30 a.m. in room 1102.

October 7

The Black Law Student Association will meet at 4 p.m. in room 1105.

The John Marshall Vocal Ensemble is looking for students interested in participating in the choir. Professor Seng conducts the choir and a program is planned for the student annual holiday party in November. Please see Miss Marilyn Criss if you are interested.

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Schedule of Events

October 3

  • Faculty Lunch with Emanuel Gross, Room 3East, noon.
  • Career Services: Opportunities for Legal Experience at JMLS, Room 216, noon.

October 4

  • Insights II Program, Room 216, noon.

October 5

  • Christian Legal Society Meeting, Room 402, noon.
  • Faculty Presentation, Room 1103, noon.

October 6

  • Deans Meeting, Courtroom, 10 a.m.
  • Career Services: Résumé Do's & Don'ts - Panel Discussion for Real Estate Attorneys, Room 216, 5 p.m.

October 7

  • Employee Benefits Advisory Board and Faculty Business Meeting, Room 402, noon.

October 8

  • Bar Exam Essay Program, Room 409, 9 a.m.
  • Insights II Program, Room 216, 1 p.m.

October 10

  • Career Services: From Evening Student to Lawyer: Making the Transition, Room 201, 5 p.m.

October 11

  • Insights I Program, Room 503, noon.
  • Insights II Program, Room 216, noon.
  • Writing Resource: Persuasive Spin Workshop, Room 1102, noon.
  • Study Abroad Information Session, Room 522, 3 p.m.

October 12

  • American Constitution Society Meeting, Room 200, noon.
  • Faculty Presentation, Room 1103, noon.
  • Career Services & Center for International Business and Trade Law: Careers in International Business & Trade Law, Room 1200B, noon.
  • Board of Trustees Meeting, Baim Courtroom, 4 p.m.
  • Writing Resource Center: Persuasive Spin Workshop, Room 1103, 4 p.m.

October 13

  • Yom Kippur Observance - No Classes
  • Deans Meeting, Courtroom, 10 a.m.

October 14

  • Center for Intellectual Property Law: Innovation and its Discontents: Patent Reform and Innovation Policy in the 21st Century, Room 1200, 8:30 a.m.
  • Insights I Program, Room 300, noon.

October 15

  • Alumni Fall Harvest Event, Jonamac Orchard in Malta, IL, 11:30 a.m.
  • Bar Exam Essay Program, Room 409, 9 a.m.
  • Insights I Program, Room 300, 1 p.m.
  • Insights II Program, Room 216, 1 p.m.

October 16

  • Law Preview Program, Room 1200, 8 a.m.

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Editor's Note

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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