2006-2007 - John Marshall Law School
Transcription
2006-2007 - John Marshall Law School
CATALOG 2006-2007 ® 800.537.4280 CONTENTS Academic Programs .......................................6 Juris Doctor .......................................................................7 Joint Degrees......................................................................7 Advanced Degree Programs.................................................9 LL.M. in Employee Benefits............................................9 LL.M. in Global Legal Studies......................................10 LL.M. in Information Technology and Privacy Law.......10 LL.M. in Intellectual Property Law................................11 LL.M. in International Business & Trade Law ..................11 LL.M. in Real Estate Law.............................................12 LL.M. in Tax Law ........................................................12 M.S. in Employee Benefits Law ....................................13 M.S. in Information Technology Law ...........................13 M.S. in Real Estate Law ...............................................14 M.S. in Tax Law ..........................................................14 Research Program (Fair Housing Legal Support Center) ...15 Facilities & & Services Services ...................................1 6 Facilities Career Services ................................................................1 7 Writing Resource Center ..................................................1 8 Academic Achievement Program .......................................19 Alumni Relations ............................................................20 Library ............................................................................21 Student Life Life .........................................................23 Student Honors Programs & Co-Curricular Activities...................28 Interscholastic Competitions ...........................................30 36.........................................................................38 Faculty & Administration Full-Time Faculty ...........................................................39 Adjunct Faculty ..............................................................62 Administration ...............................................................68 Admission...............................................................72 Admission Financial Aid ..................................................................75 Tuition & Fees................................................................76 Academic Rules ...............................................................77 Curriculum......................................................................81 Clinical and Externship Programs....................................82 Courses ....................................................................91 Courses LL.M. Course Listings .....................................................91 M.S. Course Listings ......................................................95 J.D. Course Listings........................................................97 J.D. Course Descriptions .................................................98 LL.M. Course Descriptions ............................................110 M.S. Course Descriptions .............................................125 Rights ......................................................................133 Rights ......................................................................134 Rights& Index Map Click for Index CALENDAR Fall 2006 Accelerated Trial Advocacy Orientation for new J.D. students Orientation for new LL.M. & M.S. students First day of regular classes Last day to drop individual courses with tuition refund Labor Day (no classes) Last Day to withdraw passing from a course Yom Kippur (no classes) Thursday classes meet (Thanksgiving make-up)* Friday classes meet (Thanksgiving make-up)* Thanksgiving recess (no classes) Monday classes meet (Yom Kippur make-up)* Make-up day Last day of regular classes Reading Period Final Exams Make-up exam day Commencement August 2–11 August 14 –17 August 17 August 21 September 1 September 4 September 29 October 2 November 21 November 22 November 23–26 November 30 December 1 December 2 December 3– 4 December 5–18 December 19 January 21 Spring 2007 Accelerated Trial Advocacy Orientation for new J.D. students Orientation for new LL.M. & M.S. students Martin Luther King Jr. Day observed First day of regular classes Last day to drop individual courses with tuition refund Last day to withdraw passing from a course Spring Break (no classes) Last day of regular classes Make-up class day Reading Period Final Examinations Make-up exam day Commencement January 3–12 January 8–11 January 11 January 15 January 16 January 26 February 23 March 11–18 April 30 May 1 May 2–3 May 4–17 May 18 May 20 Summer 2007 First day of early session First day of regular Summer session Last day to withdraw passing from a course Holiday (no classes) Make-up for 4th of July Last week of early session Last day of regular session Final Examinations May 21 June 4 June 15 July 4 July 6 July 2 July 19 July 23–26 * Due to Thanksgiving, Thurs. classes meet Tues. before Thanksgiving; Fri. classes meet Wed. before Thanksgiving. Due to Yom Kippur, Mon. classes meet both Mon. & Thurs. after Thanksgiving. NOTE: Only those holidays listed above will result in class cancellation. Click for Table of Contents Click for Index MESSAGE ACTING DEAN FROM THE Welcome to The John Marshall Law School! I’d like to tell you a few things about our law school that you might not know. John Marshall is a good place to study law. The faculty are friendly and approachable. They enjoy teaching and interacting with students. They have a wide variety of experience and interests and publish articles based on their research and their community service. One of our teachers, Professor Timothy O’Neill, was named one of the Top Ten Law Professors in Illinois by the Chicago Daily Law Bulletin. You can learn more about our faculty on our website at www.jmls.edu. John Marshall’s mission is to provide access and opportunity to qualified students in a diverse and inclusive atmosphere, one that is conducive to producing effective and responsible members of the bar. We have students from a broad range of backgrounds. Many have just finished college but many are also second-career students. Our students are involved in co-curricular and extra-curricular activities; we have a dynamic Student Bar Association and more than 40 student organizations. Our students publish three journals, the John Marshall Law Review, the Journal of Computer and Information Law, and an online journal, the Review of Intellectual Property Law. Each fall, we put on an international moot court competition in information technology and privacy law—this year we celebrate the competition’s 25th anniversary—and each spring, in conjunction with the American Bar Association, we host the National Criminal Justice Trial Advocacy Competition, inviting 20 teams from among the top law schools in the nation. Because of our commitment to working students, we offer an evening program that allows students to complete their studies in four years (rather than the usual three years for the day program). We admit entering classes in both August and January of each year. John Marshall offers a wide array of financial aid and scholarships to its J.D. students. We also have awarded an annual $25,000 Lucy Sprague Public Interest Scholarship to a graduating student who demonstrates a commitment to public service work (the money is used to defray the student’s educational loans), and have awarded a $5,000 Elmer Kissane scholarship each semester to a graduating student who goes to work for the Cook County State’s Attorney’s Office. For the last few years, our employment rate has been at approximately 90% nine months after graduation. Our Career Services Office is headed by Assistant Dean Laurel Hajek, a lawyer herself, who, along with her staff, works to help all students connect with a job that is right for them. The school provides a wide array of career services and offers students, from the first year on, help with drafting and directing résumés, developing networking skills, and finding jobs. The John Marshall Law School is nationally ranked in the areas of intellectual property, legal writing, and trial advocacy and dispute resolution. This year we celebrated the 65th anniversary of offering instruction in intellectual property by presenting a conference on “The Role of the United States in World Intellectual Property Law,” which was cosponsored by several leading IP firms. We offer a large number of IP courses in our J.D. program and also have one of the nation’s largest Master of Laws (LL.M.) programs in IP. In addition to offering an advanced degree in intellectual property, John Marshall also offers LL.M. degrees in employee benefits law, global legal studies, information technology and privacy law, international business and trade law, real estate law, and tax law. If you decide, early on, that you are interested in one of these legal specialty areas, John Marshall offers you the opportunity to earn a joint J.D./LL.M. degree, with a significant savings in time and tuition. The John Marshall Law School is located in the heart of Chicago’s legal, business, government, and commercial district, right across the street from the U.S. District Court and the U.S. Court of Appeals for the Seventh Circuit, and literally right next door to the Chicago Bar Association. Surrounded by the actual day-to-day practice of law in its many phases, our students take advantage of the many opportunities open to them for practical experience in externships, clinics, and summer employment. Although our students are serious about their studies, they still find time to enjoy the many cultural attractions that the city of Chicago has to offer. Our students often form bonds of friendship with classmates that last well after graduation and into their professional lives. John Marshall supports these connections and assists in fostering networking and mentoring opportunities. I am constantly impressed by the energy and commitment shown by the law school’s alumni association, which has alumni chapters throughout the country. Moreover, our terrific career services offerings are available to all alumni, not just to current students. If you would like to know more, I invite you to read through this catalog and also to visit our website at www.jmls.edu. If you have any questions, I would be happy to hear from you, or you could contact William Powers, associate dean for Admission and Student Affairs. John E. Corkery Acting Dean YESTERDAY, TODAY, & TOMORROW A t its founding more than 100 years ago, The John Marshall Law School offered the promise of an excellent legal education to two groups of students whose opportunities at that time were otherwise severely limited: people whose gender or background prevented them from gaining admittance to established law schools, and people whose economic position required them to study law part-time, while continuing to work to support themselves and their families. It is gratifying to note that mainstream legal education has followed a course pioneered by The John Marshall Law School’s guiding principles — diversity, opportunity, and balance between theory and practice. In 2003, as a testament to our tradition of opportunity and legal excellence, The John Marshall Law School community celebrated the 100th anniversary of the law school’s first woman graduate, Jessie Cook. In 2004, we celebrated the 100th anniversary of the first African-American graduate, James Randle. John Marshall continues to embrace change and innovation as we train our students of today to be excellent lawyers of tomorrow. Over the years, The John Marshall Law School has earned a national reputation for excellence in legal writing, intellectual property, and advocacy. In recent years, John Marshall has been a leader in establishing advanced law degree programs in specialized areas, as well as offering practical experience through a variety of clinical and externship programs. We take great pride in our nationally recognized advocacy program, which generates exceptional trial lawyers. Our students benefit from excellent lawyering skills training and have proven their mettle through recent national moot court championships in criminal law, patent law, tax law, and trademark law competitions. Looking forward, The John Marshall Law School is poised to build on its strengths and to continue to prepare excellent lawyers. We welcome you and look forward to your participation in our vibrant and friendly legal education community. M ISSION H onoring its history, The John Marshall Law School upholds through its varied juris doctor and advanced degree programs a tradition of diversity, innovation, access, and opportunity, and consistently provides an education that combines an understanding of both the theor y and the practice of law. ACADEMIC PROGRAMS L egal education at The John Marshall Law School is designed to prepare students to practice law now and for the rest of their lives. Our courses stress analysis of issues, mastery of material, the importance of ethical considerations, and the ability to think and write clearly about the law. The goal is to provide our students with the skills they will need to meet the evolving demands of the practice of law, and the needs of the diverse society in which they will soon play an important role. Students first take a set of core courses and then choose from a broad array of electives. National recognition for the law school’s programs in intellectual property law and trial advocacy has made these very popular areas of study for our students. Many other electives are offered in areas such as employee benefits, global legal studies, information technology and privacy law, international business and trade, real estate, and taxation, and in other areas that provide a solid foundation for the practice of law. The school also has a nationally recognized comprehensive lawyering skills program that offers courses over four semesters in legal writing, advocacy, and drafting. The curriculum is augmented by opportunities for students to take part in numerous moot court and mock Click for Table of Contents trial programs and three law reviews: the John Marshall Law Review, the Journal of Computer and Information Law, and our online journal, the Review of Intellectual Property Law. Since 1899, the law school has maintained a diverse student body. Today we continue that commitment through efforts to encourage women, minorities, and secondcareer students to attend John Marshall as part of our day or evening programs. John Marshall has one of the largest advanced degree programs in law in the nation, offering seven LL.M degrees, as well as Master of Science degrees for nonlawyers in employee benefits, information technology law, real estate law, and taxation. A joint degree program is available for J.D. students who wish to pursue a J.D. and LL.M degree at the same time, and John Marshall students may also study at Dominican University for a joint J.D./M.B.A. or at Roosevelt University for a joint J.D./M.P.A. (public administration) or J.D./M.A. (political science) degree. The law school also prides itself on the strength of its clinical and extern programs. Through these programs, students experience first-hand the challenges and rewards of practicing law. THE 6 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Programs Degree Programs D egrees will be conferred by the Board of Trustees with the recommendation of the faculty. To receive a recommendation, a student must have satisfactorily met the requirements of the degree for which the student is a candidate. Each student is responsible for ensuring that he or she has fulfilled the credit and course requirements of The John Marshall Law School. No student will be graduated unless all tuition and fees have been paid. Juris Doctor Requirements The degree of Juris Doctor is conferred upon candidates who have fulfilled the following requirements: earned credit for at least 90 semester hours of law study. obtained a cumulative grade point average of at least 2.25. The maximum period of time for a law student to complete requirements for the degree is seven years. Admission to the Bar Successful completion of the Juris Doctor program at The John Marshall Law School will qualify a graduate to sit for the bar examination in any state. However, because some jurisdictions have specific course or registration requirements, the student should obtain a copy of the rules for admission from the board of law examiners of the state where he or she plans to practice. In Illinois, students commencing law school in the fall semester are required to register by March 1. The corresponding deadline for students commencing law school in the spring semester is the following July 1. Students who may need special testing conditions should check with their board of law examiners at the time of their admission to law school. Joint J.D./LL.M. Degree Program Some students know early on in law school that they wish to specialize in a particular area of law. For those students, The John Marshall Law School offers joint J.D./LL.M. degrees in employee benefits law, information technology law, intellectual property law, international business and trade law, real estate law, and tax law. The program builds upon John Marshall’s broad base of required courses—both in substantive areas and in skills training—to permit students to specialize in one of six areas of law, without giving up the benefits of a traditional legal education. Joint degree students are permitted to apply the Click for Table of Contents first 10 credit hours satisfactorily completed in the LL.M. program toward the 90 credits required for the J.D. degree. Thus, joint degree students, in most instances, will be able to complete the requirements of both programs with 104 credit hours (80 J.D. + 24 LL.M.). A J.D. student must have at least a 2.5 grade point average, and must have completed 29 credit hours to be considered for admission to the joint degree program. Each of the joint J.D./ LL.M. programs has different qualifications beyond these minimum requirements. Interested students should meet with the director of the program they wish to enter. With quality counseling and careful planning, J.D. students can complete coursework that enables them to participate equally with the lawyer students in LL.M. courses. The completion of a joint J.D./LL.M. degree program will not only provide an in-depth educational experience in a particular area of the law, but it will allow law students to distinguish themselves from other recent graduates in order to compete successfully for jobs. The Illinois Bar Exam The Illinois Bar Exam is a two-day exam. The first day has three parts: 1 one 90-minute Multistate Performance Test (MPT) question 2 the six-question Multistate Essay Exam (MEE) 3 three questions drafted by Illinois examiners The second day consists of the Multistate Bar Exam (MBE), a 200-question, multiple-choice exam. MBE Subjects Constitutional Law, Contracts/Sales, Criminal Law/Procedure, Evidence, Real Property, Torts MEE/Illinois Essay Subjects Agency, Commercial Paper, Conflict of Laws, Corporations, Equity, Family Law, Federal Jurisdiction & Procedure, IL Civil Procedure, Partnerships, Personal Property, Sales, Secured Transactions, Suretyship, Trusts & Future Interests, Wills (Decedents’ Estates) Multistate Performance Test “Closed universe” practical problem using instructions, factual data, cases, statutes and other reference material supplied by examiners. The essays are worth approximately 43%, the MPT is worth approximately 7% and the MBE is worth approximately 50%. The required passing score is revised each year to account for exam difficulty. THE 7 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Programs Degree Programs J.D./M.B.A. The John Marshall Law School and Dominican University in River Forest, Illinois, cooperate in offering a combined credit program leading to the degrees of Juris Doctor and Master of Business Administration. Up to nine hours of M.B.A. courses taken at Dominican may be counted toward the J.D. degree and up to nine hours of law courses may be counted toward the M.B.A. degree. Not all courses are available for credit. A list of acceptable electives is available in the Registrar’s Office. Each candidate must meet all degree requirements of each school. Students apply to John Marshall and Dominican separately. Upon acceptance to both schools, students gain entrance into the combined program. A candidate may begin the program either at Dominican or John Marshall. In either case, the required first-year curriculum of law courses will be taken solely at John Marshall. No M.B.A. courses may be taken simultaneously. If a candidate begins the program at John Marshall, the student must complete the remaining equivalent of three full-time years jointly at this school and Dominican. If a candidate begins the program with one year taken solely at Dominican, followed by a year solely taken at John Marshall, the remaining credit hours may be taken jointly at John Marshall and Dominican. Students in the combined program will pay The John Marshall Law School for law courses and pay Dominican University for business courses. For more information about the combined J.D./M.B.A. program, contact Professor Glenn P. Schwartz at 312.987.2368. J.D./M.P.A. and J.D./M.A. The John Marshall Law School and Roosevelt University cooperate in offering combined credit programs leading to the degrees of Juris Doctor (J.D.) and either the Master of Public Administration or the Master of Arts in Political Science (M.P.A. or M.A.). In these programs, The John Marshall Law School and Roosevelt University each accept a certain number of credit hours earned at the other institution as electives, which shortens the time in which a student can earn both degrees. John Marshall will accept up to nine credit hours of Roosevelt courses, provided a) these hours are comprised of courses designated by John Marshall as acceptable for this purpose, and b) are taken after enrollment as a law student at John Marshall, and c) after completion of the first year of law study at John Marshall. Click for Table of Contents Roosevelt will accept up to nine credit hours of John Marshall courses, provided these hours are composed of courses designated by Roosevelt as acceptable for this purpose. Students participating in this joint program may not count additional non-law school courses toward the J.D. degree. Students wishing to enroll in the combined degree program must meet the admission requirements of both cooperating institutions. Joint Degree with Roosevelt University The John Marshall Law School and Roosevelt University offer a joint degree program leading to both the baccalaureate and juris doctor degrees. Under this program, the first year of law study may be credited toward the completion of the baccalaureate degree, which allows students to complete both degrees in six years, rather than the normal seven years if both degrees were earned separately. Students must be admitted separately to each institution. They may begin their courses at The John Marshall Law School after completing 90 credit hours at Roosevelt, successful completion of certain required pre-law courses, and successful application to the law school program. The minimal qualifications necessary for admission will vary according to standards established periodically by the Admission Office at John Marshall. Guaranteed Law School Admission Program (GPPA) with the University of Illinois at Chicago A joint program between the law school and the University of Illinois at Chicago (UIC) permits a UIC student to be guaranteed admission to the law school if the student fulfills the program’s requirements while at UIC. The requirements for this program, known as the GPPA (Guaranteed Professional Program Admission), include taking certain required UIC courses, enrolling in the UIC Honors College and maintaining that enrollment each term, taking a minimum of 12 semester hours each term, maintaining a 4.5 cumulative grade point average (on a 5 point scale), completing an undergraduate degree within five years, taking the LSAT, filing a formal application with the law school, and meeting the law school’s character and fitness requirements. For further information about this GPPA program, please contact the law school’s Admission Office or the UIC Office of Admissions, Special Projects Unit, 312.996.8365. THE 8 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Programs Advanced Degree Programs P rofessionals know it’s not possible to cover more than the bare fundamentals within the time limits of a J.D. program. This limitation, in addition to the need to develop knowledge and skills in an area of specialization, makes advanced degree study imperative. The John Marshall Law School offers seven LL.M. programs, making John Marshall the largest graduate law school in the Midwest. Master of Laws (LL.M.) degrees are available in Employee Benefits, Global Legal Studies, Information Technology and Privacy Law, Intellectual Property Law, International Business and Trade Law, Real Estate Law, and Tax Law. In 1998, John Marshall began offering a Master of Science (M.S.) in Information Technology Law for nonlawyers and began offering M.S. degrees in Employee Benefits Law, Real Estate Law, and Tax Law in 2005. These programs are open to qualified applicants either as a comprehensive curriculum, leading to a graduate degree, or as individual courses, benefiting the practicing professional. Each of the programs is designed to give specialized training in a certain discipline. Thorough and intensive curricula enable professionals to enhance their skills and knowledge in the programs described on the following pages. LL.M. & M.S. Admission Applicants for the LL.M. programs are required to meet one of the following criteria: member of the bar of any state or territory of the United States, including the District of Columbia graduate of a law school approved by the American Bar Association if not a member of the bar J.D. student at The John Marshall Law School wishing to pursue a joint J.D./LL.M. degree (see page 7) member of a foreign bar or graduate of a foreign law school with an acceptable score on the TOEFL (Test of English as a Foreign Language) and a sample of legal writing Applicants for the M.S. programs are required to meet one of the following criteria: graduate of an accredited college or university, holding at least a bachelor’s degree graduate of a foreign educational institution, holding at least the equivalent of an American four-year degree. Applicants must present an acceptable score on the TOEFL (Test of English as a Foreign Language) and a writing sample. An acceptable score on the TOEFL is 250 (computer test) or 600 (paper test) or higher. Additional information can be found under Advanced Degree Admission, beginning on page 74. Employee Benefits Law T he LL.M. Program in Employee Benefits is responding to the high demand, both locally and nationally, for experienced employee benefits practitioners. As a result of our comprehensive and thorough overview of the law, graduates acquire the skills necessary to successfully practice in this area of law. The program stressed a transactional approach and deals with actual problems encountered in the practice of employee benefits law. This program, the only one of its kind in the nation, was developed in consultation with an Advisory Board consisting of nationally recognized experts and highly ranking governmental officials from the IRS and the Department of Labor (DOL), as well as continuous input from our faculty. The curriculum reflects the tax, labor and employment aspects of employee benefits plans, as well as the interplay of these rules on the administration and maintenance of such plans. The faculty consists of knowledgeable employee benefits practitioners, as well as current and former members of the IRS’ Office of Chief Counsel. Without exception, they all bring extraordinary commitment to teaching. To accommodate students, classes are held in the late afternoon or evenings and on Saturdays. Externships with the IRS, DOL, PBGC, Pension Rights Center, and the Profit Sharing/401(k) Council of America are also available. REQUIREMENTS Competition of 24 semester hours, including 6 required courses and a publishable paper Final cumulative grade point average of 2.5 or higher. Click for Table of Contents THE 9 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Programs Advanced Degree Programs Global Legal Studies T he John Marshall Law School’s LL.M. Program in Global Legal Studies provides a flexible program of study for foreign lawyers who wish to deepen their knowledge of specific areas of the law, and an expansive curriculum in U.S. and international law for foreign lawyers wishing to broaden their scope of legal knowledge. At John Marshall, students are permitted to choose from a large selection of courses in U.S. and international law, and to combine them to suit their individual interests and abilities. Each student, with the aid of the director, is free to choose from virtually the full range of John Marshall’s extensive J.D. and LL.M. law curricula. In pursuing individual concentrations, each student is required to take Introduction to the United States Legal System, and Comparative Legal Systems, the program’s two required courses. Students are also required to take Lawyering Skills for Foreign Lawyers, a research and writing course designed to improve students’ communication skills in English. Each student consults with the director in designing an individual schedule of additional courses in his or her chosen field, including such fields as information technology law, intellectual property law, international business and trade law, real estate law, or tax law. A foreign graduate student can enter any one of these six programs directly. If a student wishes to take some, but not most, coursework in these fields, he or she can enter the LL.M. Program in Global Legal Studies and take as many of the specialized tax, real estate, international business and trade, information technology, or intellectual property courses as appropriate. A Certificate of Concentration is available upon completion of 13 credits of related courses. REQUIREMENTS Completion of a minimum of 24 semester hours. Completion of Comparative Legal Systems (Law 256), Introduction to the United States Legal System (FL 500), and Lawyering Skills for Foreign Lawyers (FL 501). Information Technology and Privacy Law A s the world grows increasingly dependent upon computers and international communication systems, the need for lawyers and policymakers conversant in information technology law and policy has never been greater. The John Marshall Law School proudly offers the first and most comprehensive LL.M. in Information Technology and Privacy Law. The program is designed for practicing lawyers seeking specialized knowledge in this rapidly growing arena, as well as for individuals pursuing an academic interest in the field. The program’s substantive focus is the law and policy related to emerging technologies, the Internet, electronic commerce, privacy, telecommunications, and information access and control. It is the only advanced degree law program to incorporate privacy issues throughout its curriculum. The program is led by members of John Marshall’s full-time faculty, who are nationally and internationally recognized for their expertise in these areas. They are joined by a group of adjunct professors and lecturers who bring into the classroom practical knowledge and experience from their cutting-edge law practices. Visiting faculty from institutions around the world also contribute actively to the educational program. In addition to the core curriculum, students may select from a wide variety of elective courses, many of which will change from year to year in order to keep pace with rapid developments in technology and the law. Independent research projects and clinical practicum experiences are also available. Courses are offered year-round, usually in the evening, although workshops and other intensive courses may be taught on an accelerated schedule as weekend seminars. REQUIREMENTS Completion of 24 semester hours. Completion of Computers and the Law (IT 803), Copyright Law and Practice (IP 406), Cyberspace Law (IT 808) and Information Law and Policy (IT 801). Click for Table of Contents THE 10 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Programs Advanced Degree Programs Intellectual Property Law T he John Marshall Law School offers one of the nation’s oldest and most extensive LL.M. programs in intellectual property law. The program is designed for lawyers who want to obtain specialized, advanced training in all aspects of intellectual property law. The program offers two alternatives: a comprehensive patent program designed for students with a technical background, and a comprehensive intellectual property program for students with a non-technical background. The patent program includes advanced courses in substantive patent law, patent office practice, advanced patent application preparation, interference practice, patent litigation, licensing, and international aspects of patent law. An advanced trial advocacy course trains students in trial techniques unique to patent cases. The intellectual property program includes courses in patent law, copyright law, trademark law, trade secret law, unfair competition, trademark litigation, licensing, antitrust, taxation of intellectual property, international intellectual property law, advertising law, business franchise law, trademark transactions, and rights of publicity and privacy. Independent study, a dissertation, clinical internships and master classes on advanced topics in intellectual property law are also available. Clinical internships allow students to work with an intellectual property law firm, a corporate law department, or relevant governmental agencies. The LL.M. program is taught by five members of the John Marshall faculty and more than 50 adjunct professors selected from among the top practitioners in the Chicago intellectual property bar, as well as visiting scholars, practitioners, and judges. Most classes are held in the evening, with occasional daytime seminars. Several classes are taught in a Friday– Saturday weekend configuration. REQUIREMENTS Completion of 24 semester hours; or Completion of 21 semester hours and completion of an approved dissertation under the supervision of an advisory committee. Completion of Substantive Patent Law I (IP 400) or Law of Patents (IP 415). International Business & Trade Law T he LL.M. in International Business and Trade Law was designed for lawyers seeking to advance their knowledge of the rules, regulations, and legal approaches underlying international business and trade. The Midwest, as the industrial, financial, and agricultural heartland of the United States, plays a major role in international economic activity. Our lawyers are some of the global leaders in regulating and facilitating trade, investment, and corporate activity. John Marshall’s LL.M. in International Business and Trade Law program is designed for lawyers seeking to enhance their understanding and their skills in the fast-developing field of international economic law. In the LL.M. in International Business and Trade Law program, students are exposed to a wide range of subjects relating to international economic activity. Classes are taught by leading international business and trade law practitioners and academics in the United States—people who have practiced international business law and who know the cutting-edge issues involved in trade, investment, and regulation. There are more than 40 courses available to degree candidates in subjects ranging from International Banking & Finance Law and International Trade Remedies Law to NAFTA and Chinese Business and Investment Law. Lawyers graduating with an LL.M. in International Business and Trade Law will be well prepared to practice in today’s competitive global legal market, both in the United States and throughout the world. REQUIREMENTS Completion of 24 semester hours. Completion of Import and Export Law (IBT 700) or Multinational Corporations Law (IBT 730) or International Trade Remedies Law (IBT 705). Click for Table of Contents THE 11 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Programs Advanced Degree Programs Real Estate Law I n today’s real estate market, attorneys must have a working knowledge of many areas of the law in order to advise clients and to structure and close transactions. Real estate attorneys must possess skills in negotiating and drafting and be knowledgeable in matters pertaining to environmental, bankruptcy, tax, and securities law in addition to the more traditional areas of mortgages, land use, and landlord-tenant law. The LL.M. in Real Estate Law addresses the demands of the increasingly complicated practice of real estate. The program, the only one of its kind in the Midwest, was developed in consultation with an advisory committee of nationally known practitioners. The program prepares students to meet the challenges posed by today’s real estate transactions. The curriculum enables students to acquire the knowledge and to develop the skills required to become successful real estate attorneys. Students have the opportunity to learn from attorneys who are involved in transactions on the cutting edge of real estate law, and who are active members in the ABA Real Property Section and the American College of Real Estate Lawyers. Courses are taught by a combination of full-time and adjunct professors who are experienced practitioners in the field of real estate law. Professors draw on their unique professional experiences, and practitioners add a practical element to the course offerings. Consistent with Chicago’s focus on real estate, John Marshall offers its students an exceptionally wide array of courses dealing with real estate. The school also operates a nationally acclaimed Fair Housing Legal Clinic in which LL.M. students have an opportunity to work. REQUIREMENTS Completion of 24 semester hours. Completion of Commercial Real Estate Transactions (RE 602), Leasing, Ownership and Management (RE 605), Real Estate Finance (RE 607), Drafting and Negotiation Skills Workshop (RE 608), Environmental Controls and Concerns Affecting Real Estate (RE 609), Construction Law (RE 612) and Federal Income Tax Aspects of Real Estate (RE 603). Tax Law T he LL.M. in Taxation is one of the oldest tax programs in the nation. It provides a practical and extensive grounding in all major areas of taxation, with in-depth specializations in certain areas. All courses are taught by experienced tax practitioners who are engaged in the cutting-edge aspects of their specific field of tax law expertise. Without exception, they all have an extraordinary commitment to teaching. Their method of instruction is principally problem-based and transactional in nature. The courses emphasize the identification of issues and problems, as well as instilling the ability to apply the law creatively and practically. The program has two tracks: a degree track and a specialization track. The degree tracks offers a Master of Laws in Taxation (LL.M. in Taxation). The specialization track offers intensified, in-depth training in four different areas of tax law: Corporation Taxation, Estate & Personal Financial Planning, Taxation of Closely Held Businesses, and Employee Benefits. Students completing the necessary 6 to 8 semester hours of credits in one of these specializations will receive a Certificate; students may also complete the 24 semester hours of tax law for an LL.M. degree. The faculty consists of knowledgeable tax practitioners. Without exception, they all bring extraordinary commitment to teaching. To accommodate students, classes are held in the late afternoon or evenings and on Saturdays. Externships with the IRS are also available. REQUIREMENTS Completion of 24 semester hours, including 6 required courses and a publishable paper. Final cumulative grade point average of 2.5 or higher. Click for Table of Contents THE 12 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Programs M.S. Programs M.S. in Employee Benefits Law T he John Marshall Law School offers a unique opportunity for actuaries, accountants, and human resource executives to become conversant in the law and policies issues affecting employee benefits. John Marshall proudly offers the first and only Master of Science in Employee Benefits Law, designed for non-lawyers who wish to become proficient in the specialized field of employee benefits. Once taking two introductory law courses, students pursuing this degree will be assimilated into the same employee benefits courses available to LL.M. students. The faculty consists of knowledgeable employee benefits practitioners, as well as current and former members of the IRS’ Office of Chief Counsel. Without exception, they all bring extraordinary commitment to teaching. Classes are offered year-round, usually in the evenings or on weekends; certain courses may be taught on an accelerated schedule as weekend seminars or summer session classes. REQUIREMENTS Completion of 24 semester hours, including eight required courses and a publishable paper. Final cumulative grade point average of 2.5 or higher. M.S. in Information Technology Law T he John Marshall Law School offers a unique opportunity for business professionals and policymakers to become conversant in the law and policies affecting privacy, computers, communication, and information technology. The law school proudly offers the first and only M.S. in Information Technology Law. Designed for non-lawyer business and government professionals dealing with legal and policy issues involving information technology, as well as scholars pursuing an academic interest in the field, the M.S. program is led by nationally and internationally recognized experts who bring their cutting-edge experience into the classroom. The program’s focus is the law and policy of information, computers, and communications technology. Courses are offered year-round, usually in the evening, although workshops and other intensive courses may be taught on an accelerated schedule as weekend seminars. Students enrolled in the program on a full-time basis may complete the program in one year. On a part-time basis, the program typically requires two to three years. REQUIREMENTS Completion of 24 semester hours. Completion of Introduction to Legal Analysis (IT 805) and Substantive Law Overview (IT 800), Computers and the Law (IT 803), Copyright Law and Practice (IP 406), Cyberspace Law (IT 808), and Information Law and Policy (IT 801). Final cumulative grade point average of 2.5 or higher. Click for Table of Contents THE 13 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Programs M.S. Programs M.S. in Real Estate Law T he John Marshall Law School offers a unique opportunity for business professionals, community leaders, and government officials to become conversant in the law and policies affecting commercial real estate transactions. John Marshall proudly offers the first and only Master of Science in real estate law. Designed for real estate business, community, and government leaders who do not hold a J.D. degree, the M.S. program is led by nationally and internationally recognized experts who bring their cutting-edge experience into the classroom to discuss and collaborate on the most advanced knowledge and skills in commercial real estate transactions. The program’s focus is the law and practice of commercial real estate, alternative dispute resolution, and drafting and negotiating skills, whereby the transactional nature of practice is emphasized. Courses are offered year-round, usually in the evening; although workshops and other intensive courses may be taught on an accelerated schedule as weekend seminars or summer session classes. Offered only on a part-time basis, the program typically requires two to three years to complete. REQUIREMENTS Completion of 24 semester hours, including 14 required semester hours and 10 elective semester hours. Completion of Introduction to American Law (RE 634), Introduction to Real Estate Law (RE 635), Introduction to Legal Materials and Analysis (RE 636), Alternative Means of Dispute Resolution (RE 611), Drafting and Negotiation Skills Workshop (RE 608), and Commercial Real Estate Transactions (RE 602). M.S. in Tax Law T he John Marshall Law School offers a unique opportunity for accountants and financial planners to become conversant in the law and policies affecting the field of tax law. John Marshall proudly offers a Master of Science in Tax Law, designed for non-lawyers who wish to become proficient in the specialized field of taxation. After taking two introductory law courses and courses on tax accounting and consolidated returns, students pursuing this degree will be taking the same tax courses available to LL.M. students. The faculty consists of knowledgeable tax practitioners. Without exception, they all bring extraordinary commitment to their teaching. Students may also pursue one of the four specialization tracks offered under the LL.M. Tax program: Corporation Taxation, Estate & Personal Financial Planning, Taxation of Closely Held Businesses, and Employee Benefits. Students completing the necessary six to eight semester hours of credits in one of these specializations will receive an additional Certificate. Classes are offered year-round, usually in the events or on weekends; certain courses may be taught on an accelerated schedule as weekend seminars or summer session classes. REQUIREMENTS Completion of 24 semester hours, including 7 required courses and a publishable paper. Final cumulative grade point average of 2.5 or higher. Click for Table of Contents THE 14 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Programs Research Program Fair Housing Legal Support Center T he primary goal of The John Marshall Law School Fair Housing Legal Support Center (FHLSC) is to educate the public about fair housing law and to provide legal assistance to private and public organizations that seek to eliminate discriminatory housing practices. Besides developing educational materials and training programs, the FHLSC also provides legal assistance and support to groups and organizations that need help enforcing compliance with the Fair Housing Act. Professor Michael P. Seng and Clinical Professor F. Willis Caruso are the coexecutive directors of the center. Both have extensive experience in fair housing law and civil rights litigation. They are nationally recognized experts and have lectured and published extensively on these subjects. RoseMarie Knight is the administrative director. The FHLSC coordinates the Fair Housing Legal Clinic and the Predatory Lending Project. These projects provide students with the opportunity to take courses in fair housing law enforcement, and in predatory lending law, and the opportunity to work with clients who have been the victims of discrimination or predatory lending practices. The FHLSC has organized a panel of experts and litigators to assist housing groups in combating discrimination. The expertise and materials they develop are available to HUD investigators, state and local human rights commissions and the Justice Department and private fair housing groups. The Fair Housing Legal Support Center also engages in the following activities: Conducts legal research, offers advice on trial strategy, and provides sample forms and briefs to help groups fight housing discrimination Develops materials and brochures that educate the public about fair housing law. Provides civic associations, community-based organizations, the real estate, banking and insurance industries and private fair housing groups with legal information about rights and responsibilities under the fair housing laws Arranges conferences, mock trials, and develops courses and training materials. Two national conferences are held each year at The John Marshall Law School. Conference topics have included discussions of mortgage lending discrimination, insurance redlining, discrimination against families with children, architectural barriers to the disabled, discriminatory advertising, and proof of damages in a fair housing case. The center conducts an annual skills training program for 36 attorneys who litigate fair housing cases. The center also participates in regional conferences around the country. Cooperates with the Louis L. Biro Law Library at John Marshall in computerizing materials about fair housing law to assist national, state, regional, and local housing groups in their legal research. The library is assembling materials and studies about fair housing law in order to serve as a comprehensive resource for research on fair housing law. Center personnel also participate in teaching programs at the U.S. Department of Housing and Urban Development Training Academy in Washington, D.C, as well as other training programs throughout the country. Click for Table of Contents THE 15 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index FACILITIES & SERVICES W ith 1600 students, The John Marshall Law School strives to provide the highest quality of facilities and services to one of the largest law school student bodies in the country. This commitment is at the heart of our student-centered mission. Students and faculty benefit from stateof-the-art computer technology, not just in the library and our modern computer classrooms, but throughout the school, by virtue of our wireless connectivity network. The law school’s facilities include a mock courtroom complex with videotape recording and editing facilities, two state-of-the-art computer classrooms with 20 work stations in each, redesigned faculty offices, and a fullservice conference facility seating more than 150. With more than 391,000 volumes in its collection, and more than 75 research and reference computers, the five-floor Louis L. Biro Law Library is staffed by 16 full-time employees. A unique partnership with the Chicago Bar Association gives our library the responsibility of meeting the research needs of the CBA’s 20,000 members. Through this partnership, John Marshall can claim a fully professional, totally integrated facility—a true benefit for our students. Our students also take full advantage of our Career Services Office. The office plans more than 70 Click for Table of Contents programs throughout the academic year to assist students with summer opportunities and the mechanics of job searches, and publishes a series of informative handouts covering employment-related topics. The Career Services Resource Center is available to both students and alumni, offering upto-date information about job openings and legal employers, as well as Internet access for employment-related online research. John Marshall’s commitment to students includes a fully staffed Writing Resource Center that helps students develop their writing skills. Writing advisors conduct workshops, visit classes, and assist individual students concerning the demands of legal writing and the importance of preparing for the legal profession. From the transition to law school learning methods in the first semester to the anxious anticipation of the bar exam in the last semester, the Academic Achievement Program presents many programs to ease confusion and alley fears about the process of becoming a lawyer. John Marshall’s commitment to student services does not stop at graduation. The law school’s Office of Alumni Relations organizes events around the country each year and works with 21 alumni chapters in 12 states and the District of Columbia. Alumni also are encouraged to use the law school’s library and Career Services Office throughout their legal careers. THE 16 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Facilities & Services Career Services Office J ohn Marshall’s Career Services Office (CSO) is committed to assisting students proactively in their job searches. It is essential to get as much legal experience as possible while in law school. To that end, the CSO offers practical advice, encouragement, and support during the job search process. The CSO is dedicated to helping all John Marshall students, whether in the full-time or part-time program. INDIVIDUAL COUNSELING Students may make appointments for individual counseling sessions to help identify their skills and accomplishments and possible job options. The sessions can address all aspects of the career development process, including reviewing the student’s resume and cover letter, learning about the importance of making contacts early in one’s law school career, learning how to do informational interviews, as well as how to handle actual job interviews. The CSO has contacts throughout the Chicago and national legal markets and can refer students and graduates for advice to John Marshall alumni who practice in particular areas. J O B FA I R S John Marshall students participate in a number of job fairs such as the Patent Law Interview Program, the Cook County Minority Student Job Fair, and the Midwest Public Interest Law Career Conference. CSO R E S O U R C E C E N T E R The CSO staff works hard to make the office a friendly, welcoming place. The Resource Center, located on the 4th floor, offers a wealth of useful information, such as job postings for various clerk and attorney positions in Chicago and throughout the country, periodicals, background information on legal employers, and books to help students and alumni with networking and interviewing. Two computers are designated for student use for resume drafting and job hunting. A fax machine, photocopier, scanner, and telephones also are available for career-related use. PROGRAMMING Each semester, the CSO staff plans dozens of programs on topics such as diversity, small firm employment, government jobs, alternative careers, and mock interviews, to help students meet graduates and other practitioners in various areas of law. Many programs are videotaped or offered twice to accommodate the needs of evening students. ALUMNI MENTOR PROGRAM The Alumni Mentor Program is geared to match students with graduates who practice in their areas of interest so that the students can learn about the day-to-day practice of law and make initial contacts that will help them in their job searches. More than 100 alumni volunteered last year to mentor John Marshall students. The program begins in early fall and continues throughout the school year. CSO P U B L I C AT I O N S ON-CAMPUS INTERVIEWING The CSO staff hosts prospective employers, mostly larger law firms or large government agencies, for on-campus interviews, which usually take place during the fall recruiting season. AND WEB SITE The Career Services Office publishes various career resource guides, including handbooks on resume and cover letter writing, interviewing, and judicial clerkships. These resources, as well as daily job postings and announcements about upcoming programs and important policies, can be found on the Web at www.jmls.edu/careersvcs. Students can use the CSO’s Web site to access EASElaw, the CSO’s online career center, where they can search job postings, create a job search profile, and research the employment market. S TAT I S T I C S Eighty-nine percent of John Marshall’s 2005 graduates were employed or pursuing advanced degrees within six months after graduation. Click for Table of Contents John Marshall has graduates in all of the 40 largest law firms in Chicago, as well as in many small and mid-sized firms. John Marshall graduates clerk at both trial and appellate levels of the state and federal judiciary. THE 17 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Facilities & Services Writing Resource Center T he John Marshall Law School recognizes the importance of writing in the legal profession and understands that students need to excel in this new discourse. The school, therefore, offers students an in-house Writing Resource Center. The Center is staffed by three professional writing advisors and is directed by a full-time writing specialist. Writing advisors in the Center help students develop their writing skills through individual conferences where advisors can tailor their assistance to an individual student’s needs interactive group workshops held throughout the semester. Students use the Writing Resource Center throughout their legal education. New students adapting to the demands of legal writing often find it particularly helpful to talk with a writing advisor. Typically, more than one-third of all new students take the opportunity to work with an advisor during their first year of law school. Continuing students, especially those enrolled in Lawyering Skills or paper courses, regularly use the Center to fine-tune their writing. Writing Resource Center advisors also help advanced degree students and graduating students who are seeking jobs. Further, the advisors are available to help with basic grammar questions and have experience working with students for whom English is a second language. The Writing Resource Center works closely with the Lawyering Skills Department to learn about student assignments and individual professors’ writing preferences. Advisors also attend seminars and workshops to stay abreast of new trends in legal writing. Lawyering Skills faculty and Writing Resource Center advisors work together toward the common goal of helping all John Marshall students achieve excellence in legal writing. Lurene Contento Director, Writing Resource Center B.A., summa cum laude, Loyola University J.D., magna cum laude, The John Marshall Law School Lurene Contento is a licensed attorney who has been advising in the Writing Resource Center since 2001 and became the director in 2005. She also teaches Writing for the Practice of Law, a course designed to help students write under extreme time pressure. Prior to teaching at John Marshall, Contento worked in a general practice law firm, researching and writing on a wide range of legal topics. She is dedicated to The John Marshall Law School and its students. She brings enthusiasm, experience, and empathy to the Writing Resource Center and welcomes students to use the Center for all their writing needs. Click for Table of Contents THE 18 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Facilities & Services Academic Achievement Program J ohn Marshall’s Academic Achievement Program is designed to provide assistance to all students at crucial points in their law school careers. The Academic Achievement Program provides advice and resources as the situation warrants, with its primary efforts being directed toward three key phases of the law school experience: traditional undergraduate essay. Academic Achievement provides first-semester students with opportunities to practice writing law school exams before the first actual examinations take place. The Academic Achievement Program assists students with the many problems and difficulties that arise during the entire law school experience. These challenges may be personal, academic, or work-related. Students on probation work with the Academic Achievement personnel to strengthen their skills. The program also assists students with advice on appropriate courses, and Academic Achievement staff are available for both day and evening students. the transition from undergraduate school or the workplace to the rigors of law school the many challenging experiences students encounter during their three or four years of law school the transition from law school to the workplace through the experience of taking the bar examination Law school classes, which typically are conducted with the Socratic Method—teaching by asking rather than by telling—are quite different from undergraduate classes. Academic Achievement helps students prepare for class through workshops on briefing cases and note-taking. The program also helps students prepare for class examinations through workshops on outlining the subjects being tested. Law school essay exams require a writing approach that differs from that of the The Academic Achievement Program is also the source for the bar preparation programs offered by The John Marshall Law School. Bar applicants can practice taking multiple choice questions for the 200-question Multistate Bar Examination. They can attend lectures on bar exam essay topics and practice writing actual bar examination essay questions. The program engages a nationally renowned expert on bar examinations who helps bar applicants be fully aware of the challenges the examination presents. Corinne Morrissey Director, Academic Achievement Program B.A., Swarthmore College J.D., Loyola University School of Law Prior to enrolling in law school, Corinne Morrissey worked as an administrative assistant in the litigation department at the Chicago offices of Baker & McKenzie. She kept that job while in law school, attending the night program at Loyola University School of Law. After passing the bar, she was hired as an associate by Baker & McKenzie, where she worked until 1989. The following year she accepted an offer to become John Marshall’s first full-time academic support person. Drawing on her experience grading bar exams, she has worked with students to prepare them for taking the bar, which has involved creating and teaching the Writing for the Practice of Law course and offering workshops on such topics as outlining and exam-taking. In addition, Morrissey maintains an active pro bono practice, working on cases through Chicago Volunteer Legal Services. Click for Table of Contents THE 19 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Facilities & Services Alumni Relations T he John Marshall Law School’s alumni are its finest legacy. The law school is proudly represented by more than 11,000 graduates, who practice in 1200 different cities and in all 50 states. The law school’s alumni include more than 250 federal and state judges, as well as partners at some of the most prestigious law firms in Chicago, throughout the United States, and in 14 foreign countries. John Marshall alumni also have excelled in corporate practice, banking, business, government service, and as solo practitioners. Collectively, they form the backbone of an international network that continues to expand the presence of the law school around the world. C H A P T E R L O C AT I O N S PRESIDENT Central Illinois DuPage County Kane County Peoria Area Will County Gen. A. Mark Rabin ’65 Michael Hennessy ’64 Frederick J. Steffen ’62 James M. Rochford ’83 Robert E. Kuzma ’82 N AT I O N A L Texas–South Washington, D.C. Wisconsin Click for Hon. James E. Padish ’81 (ret.) Bruce E. Krell ’71 Richard S. Paddor ’79 Alan D. Kalinoski ’92 contact the Alumni Relations Office Mary L. Martin ’90 Carol Green-Fraley ’84 Mark DiPietro ’76 Valerie Caldwell ’98 Jim Moeller ’02 Joseph B. Diehl ’79 Leonard Lundy ’71 Bruce Alan Danford ’01 Evan Janowitz ’91 Tom Beaton ’99 Camille Knight ’00 Kimbley L. Muller ’74 Michael Kaydouh ’76 Frank T. Pasternak ’94 John C. Scheller ’95 You may reach the Office of Alumni Relations by calling 312.427.2737 ext. 350 or e-mail: [email protected]. Judge Jesse Reyes (J.D. ’82) (third from left) and Professor Timothy P. O’Neill (center) networked with students (from left) Adrian Zeno, Krusha Patel, Lana Zaretsky, Jennifer VanCleve, and Taj Smith. Table of Contents PRESIDENT Arizona California (northern) California (southern) Florida–Central Florida–Southern Hawaii Indiana (northwest) Minnesota New England New York Pacific (northwest) Philadelphia Area Rocky Mountain Silver State–Nevada Texas–North Membership in The John Marshall Alumni Association is automatic for all graduates and entitles these members to use the law library facilities and to participate in all alumni association activities. Alumni maintain their relationship with the law school by serving as mentors for current students and recent graduates, helping to recruit prospective students and to place current students and graduates, and by judging student competitions. The 89-member alumni association board of directors sponsors a number of events throughout the year, including the annual Freedom Award Luncheon. Chapters of The John Marshall Law School Alumni Association are located throughout the country and continue to form in cities across the globe. Involvement in a chapter provides both local networking opportunities for graduates and an important way for the law school to follow the contemporary practice of law. ILLINOIS Meghan Riley (center) graduated first in the evening division class. She is joined by her father, Cook County Circuit Court Judge Daniel Riley (J.D. '75), and her aunt, Cook County Circuit Court Judge Barbara Riley (J.D. '85). THE 20 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Facilities & Services Library T he Louis L. Biro Law Library provides support services for the study of law and for legal research. Library materials are housed on five floors and two mezzanines that have been designed to assist library clientele in making the best use of the collection. The collection includes more than 391,000 volumes and 2300 audiovisual tapes. The Chicago Bar Association headquarters building is located adjacent to the law school, allowing for a unique partnership: The John Marshall library has assumed responsibility for the bar association’s needs through a totally integrated, professional library facility. The library maintains a computer services department with seven full-time employees and a staff of part-time student employees to assist students in using the law school’s computer resources. The full-time library staff of 16 helps all students use this excellent collection of resources. Reserve Collection Library Services Heavily used or class-assigned materials are shelved for easy access in the reserve collection, located behind the circulation desk on the sixth floor. Materials in this area may be checked out for periods ranging from three to 24 hours. Computerized Resources The John Marshall Law School was the first law school in Chicago to teach legal research on computers. Today its library continues to provide students with the most up-to-date computer research and reference services. The library has more than 75 Windows-based computers available for student use. John Marshall has installed a school-wide computer network. The backbone of this network is a web of high-speed, digital fiber-optic cabling which allows all students, faculty, and staff access to word processing software, LEXIS, WESTLAW, CALI, and the Internet. In addition, a wireless network has been added to the backbone, allowing laptop users, anywhere in the school, to connect to the Internet without being tethered by cords. The law school has installed two computerized classrooms, each consisting of 20 work stations. Internet access to grades and online registration are among the ways the law school is using technology to make students’ lives easier. Computerized research and reference resources are available to students through the law school’s Web site (www.jmls.edu). Among them are: CALI (Center for Computer Assisted Legal Instruction) — interactive instructional exercises in more than 20 legal subject areas, designed to complement the curriculum and reinforce substantive legal concepts Video and Audio Cassettes Located at the circulation desk, this collection contains more than 2300 video and audio cassettes covering everything from John Marshall classes and special events to commercially produced, in-depth studies of specific topics. These tapes can be checked out for use at home or in the library. Copying Facilities Photocopy machines are located on each floor of the library. Copiers are operated by photo ID cards or by cards purchased from the card dispenser in the library. Carrels Study carrels may be requested by students engaged in extended research projects, honors programs, and faculty research projects. These assignments are made by the circulation coordinator. Students are welcome to use non-reserved carrels on a first-come, first-served basis. Study Rooms Three study rooms are available for group study and discussion. They may be reserved at the circulation desk. Government Documents In 1981, the library was designated a U.S. Government Documents Depository. Many government publications have been acquired for this collection in both hard copy and in microform. The library has also established a computer workstation at which depository publications in electronic format may be used. LEXIS/NEXIS and WESTLAW — online legal and nonlegal databases (tutorial programs for each database are also available) LEGALTRAC — an index of nearly 800 legal periodicals OCLC — a network of the holdings of thousands of libraries for inter-library loans of materials Microform Collection The library has an extensive microform collection and two microform readers and reader/printers. DOLLY — John Marshall’s online catalog, a computerized, public-access database of all library holdings Click for Table of Contents THE 21 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Facilities & Services HOURS OF O P E R AT I O N The library is open 52 weeks a year. While classes are in session and during exam periods, the library is open Monday through Sunday for a total of 100 hours a week, providing research reference assistance for 62 hours a week. During the spring and fall semesters and the summer term, the library is open: Monday–Thursday: 8 a.m. to 11 p.m. Friday: 8 a.m. to 10 p.m. Saturday–Sunday: 9 a.m. to 10 p.m. During interim periods between semesters, the library is open: Monday–Sunday: 9 a.m. to 6 p.m. Library Personnel Claire Toomey Durkin Acting Director Associate Director for Public Services B.A., University of Portland J.D., The John Marshall Law School M.L.I.S., Dominican University Anne Abramson Reference Librarian B.A., Stanford University J.D., Northwestern University School of Law M.L.S., Southern Connecticut State University Thomas Keefe Associate Director for Instruction and Computer Services B.A., University of Minnesota M.L.I.S., Dominican University J.D., Loyola University School of Law, Chicago Kym Ogden Associate Director for Technical Services B.S., Indiana University M.A.L.S., Dominican University Liping Qin Cataloger B.A., Nanjing University, China M.L.I.S., Dominican University Victor Salas Assistant Reference Librarian J.D., The John Marshall Law School William A. Wleklinski Curator A.B., Wabash College M.A.L.S., Dominican University J.D., Northwestern University School of Law Raizel Liebler Reference Librarian B.A., Beloit College M.S.L.I.S., University of Illinois J.D., DePaul University College of Law Click for Table of Contents THE 22 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index STUDENT LIFE J ohn Marshall students actively pursue academic and social endeavors to enhance their law school experience. Academically, students participate in three law journals and various national competitions and moot court activities. Socially, student involvement includes fraternal and legal organizations and social mixers. The law school’s three journals—the John Marshall Law Review, the Journal of Computer and Information Law, and the online Review of Intellectual Property Law—are staffed and edited by more than 100 students. These student-led publications bring both a national and international reputation to the law school. Students also assist faculty with two nationally regarded competitions, the John Marshall/ABA National Criminal Justice Trial Advocacy Competition and the annual Moot Court Competition in Information Technology and Privacy Law. Through these activities, students engage in practical learning that enhances their classroom experiences. John Marshall is represented by nearly 100 students in more than 30 moot court and mock trial competitions annually. Their successes in recent years—including a first- Click for Table of Contents place finish in the national patent law competition in 2001, in tax law and trademark law in 2002, and in criminal law in 2003 —highlight the talents of our student body. Also well known are the visitors and scholars John Marshall welcomes each year. In addition to the typical lectures and/or presentations, these distinguished guests can be found meeting with individual classes or holding roundtable discussions with interested students and faculty. Recent guests have included columnist and film critic Richard Roeper, President of the International Human Rights Law Institute Cherif M. Bassiouni (LL.M. ’66), attorney Bela Lugosi Jr., former Secretary of Commerce William Daley (J.D. ’75), and Supreme Court Justice John Paul Stevens. The Student Bar Association heads the long list of student organizations. These groups (there are more than 50) engage in social awareness, community service, legal issues discussions, and social activities. They reflect the diversity of our student body and offer a glimpse at the opportunities available to John Marshall students. The highlight of the social year is the annual Barrister’s Ball. THE 23 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life J caucus. LSD members are also eligible to be appointed as liaisons to sections and committees of the ABA, as well as to hold appointed and elected offices in the national organization of the LSD. Benefits include a one-year subscription to Student Lawyer magazine and the ABA Journal, an opportunity to become a member of the various sections of the ABA at reduced membership cost, and an opportunity to participate in the ABAsponsored insurance plan. The membership fee for law students is $20 per year. ohn Marshall is proud of its diverse student body. The person seated next to you in class may be the mother of five, a highly respected physician, or a police officer. He or she may be from Manitoba, Miami, or the south side of Chicago. He or she may be 24 or 64. The rich mix of students creates vitality in the intellectual and social environment of the law school. The large number of fraternal and legal student organizations reflects the broad variety of interests among John Marshall students. Chicago Bar Association Student Bar Association The student governing body at John Marshall is the Student Bar Association. The Executive Board is elected annually and consists of the President, Vice President, Secretary, Treasurer, ABA Representative, CBA Representative, and ISBA Representative. The SBA focuses on enhancing both communication and interaction among the students, faculty, deans, and staff in the John Marshall community. This includes student/faculty/ administration socials and open meetings, and the First-Year Orientation and Advisor Program. The SBA hosts many events throughout the year, such as a student organization day, faculty/student socials, a holiday party, the annual Barrister’s Ball, and much more. These events are an excellent chance to get to know your classmates and professors in a relaxed atmosphere and break away from the rigor of law studies. The SBA offers a scholarship to a John Marshall student through monies raised by profits from the annual Faculty Auction held in the fall. The SBA runs a student advisor program for first-semester students so that they may have a “contact person” of whom they may ask all sorts of questions while going through the first-year of law school. Other Bar Associations In addition to the SBA, students at The John Marshall Law School have an opportunity to become members of various other bar associations, including: Law student membership offers the unique opportunity to become familiar with day-to-day operations of the legal profession before being admitted to practice. By attending committee meetings and seminars, law students are exposed to current legal issues and recent developments in the law. In addition, they can learn about practices and procedures prevailing in the courts and various administrative agencies. Furthermore, participation in CBA activities allows students to develop contacts and networks with leading practitioners in the organized bar. The CBA is easily accessible to Chicago area law students and offers the following benefits for only $8 per year: halfprice admission to continuing legal education seminars; participation in Young Lawyer Section committees, activities, and sports leagues; opportunities to participate in law-related community service projects; subscriptions to CBA Record, YLS Journal, and the YLS seminars and activities booklet; cash use of the CBA’s dining facilities; discounts on car rentals, health club memberships, and magazine subscriptions; and various entertainment coupons. Law student members also are invited to attend special programs designed to meet their particular needs. Such programs include seminars on career options, interviewing techniques, and the bar examination. Decisive Utterance The Decisive Utterance is the student newspaper. Students do not need to have previous journalism experience to work on the paper. The Decisive Utterance welcomes all volunteers. Fraternities Illinois State Bar Association Law Student Division membership provides many practical benefits, as well as opportunities to meet with Illinois attorneys and become active in the state bar association. Benefits include subscriptions to the Illinois Bar Journal, the Law Student Division newsletter, the Young Lawyers Division newsletter, and seven of the 37 substantive law section newsletters. Education seminars sponsored by the Law Student Division, Young Lawyers Division, and the Law Ed Series programs held throughout the state are free with membership. Law student members are eligible to participate in ISBA-sponsored insurance plans and association discount programs. Membership is only $11 per year or $25 for up to four years of law school. American Bar Association The Law Student Division (LSD) provides activities for the student body throughout the year, most notably the Law Day program. The group also participates in the LSD convention in the summer and in the 7th Circuit activities, such as the fall roundtable and the spring Click for Table of Contents The Stephen A. Douglas Senate of Delta Theta Phi is one of more than 300 chapters worldwide. The mission of the senate is to provide academic and business assistance for its members, to provide its members with social and networking opportunities and to encourage charitable work in the community. Delta Theta Phi is the only legal fraternity with its own law review. The Phi Alpha Delta Law Fraternity, Abraham Lincoln Chapter, is the largest professional law fraternity in the United States. The aim of the chapter is to provide service to the student, the school, the profession and the community. The Phi Delta Phi Law Fraternity, Justice John Paul Stevens Inn, is the oldest and largest international legal fraternity, with inns in the United States, Canada, Guatemala, and Mexico. The Justice John Paul Stevens Inn of Phi Delta Phi at The John Marshall Law School emphasizes high professional standards and requires all of its members to be in good academic standing. THE 24 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life Graduation Awards Order of John Marshall During the school year 1927–1928, an honorary society was established that is open to all students displaying high scholarship. Members are elected upon graduation and must rank in the upper 15 percent of their class. John N. Jewett Scholarship Award In honor of the first dean of the school, who occupied that post from 1899 to 1904, a scholarship award of $500 is presented to the member of the graduating class who received the highest grade point average during his or her first year of law school. Arba N. Waterman Scholarship Award In honor of Judge Waterman of the Illinois Appellate Court and the second dean of the school, who held that office from 1905 to 1909, a scholarship award of $500 is presented to the member of the graduating class who received the highest grade point average during his or her second year. Edward T. Lee Scholarship Award In honor of the third dean of the school, who guided John Marshall’s course from 1909 until his death in 1943, a scholarship award of $500 is presented to the member of the graduating class who received the highest grade point average during his or her third year of law school. Elmer C. Kissane Public Service Award This award was established by the family, friends, and colleagues of Elmer Charles Kissane (J.D. ’45). Mr. Kissane devoted 43 years of his professional career to public service in the Cook County State’s Attorney’s Office. This award is given to a graduating student who has accepted an offer and made a commitment to working in the State’s Attorney’s Office. Lucy Sprague Public Service Scholarship This scholarship was established to honor the memory of Lucy Sprague, John Marshall 1995–96, and the things she cared deeply about. It is made possible by a grant from Lucy’s mother and father, Lee T. Sprague and the Honorable George R. Sprague, Cambridge, Massachusetts District Court Judge, and Lucy’s sister and brother, Cynthia Sprague and Alexander Sprague. The scholarship award will be used to help pay the educational loans of a graduating senior who makes a commitment to public service work and obtains employment in furtherance of that commitment. Up to $25,000 is available annually for this scholarship. It is likely the scholarship will be awarded to only one person each year. The award will be paid directly by the law school to the scholarship recipient’s lender. LexisNexis Prize The book Effective Legal Negotiation and Settlement is presented to the graduating student who attained the highest rank during his or her senior year. Dean’s Award (LexisNexis) LEXIS Law Publishing will award a complete set of the 55volume Illinois Compiled Statutes Annotated to the graduating senior who makes the most progress from the end of the first semester, first year, to the end of the graduating semester. Ambassador of the Year Award This award recognizes dedicated service to the Admission Office and to the school by individuals who have conducted tours for applicants, assisted at open houses, and served as advisors to first-year students. Graduation Honors Summa Cum Laude Magna Cum Laude J.D. students in the top 1% of their graduating class are awarded the designation summa cum laude. Click for Table of Contents J.D. students in the top 4% receive their degrees magna cum laude. Cum Laude With Honors J.D. students in the top 15% of their graduating class graduate cum laude. LL.M. and M.S. students with a grade point average of 3.60 or above graduate with honors. THE 25 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life Societies and Other Organizations The Advocates Society consists of lawyers and judges of Polish heritage. The membership is open to law students of that heritage at the school and will enable them to form relationships with each other and the Polish community as a whole. The Alternative Dispute Resolution Society supports and promotes the use of procedures for settling disputes by means other than formal litigation, offering information in areas of primary and hybrid dispute resolution processes, such as arbitration and mediation. The purpose of the John Marshall Student American Civil Liberties Union is to raise awareness of civil rights/liberties issues in the law. The John Marshall Law School Chapter of the American Constitutional Society is dedicated to maintaining a rigorous exchange of ideas about the law with the focus on its effects on the lives of ordinary people. The goal of Amnesty International is to increase student awareness of human rights issues locally, nationally, and internationally. The Animal Law Society’s goal is to educate and increase the public awareness of how the law pertains to animals and their rights and welfare. The Asian American Law Students Association affords members the opportunity to work together to provide services to the Asian community as well as to interact with the legal community. The Association of Western Students has several purposes: to provide camaraderie and fellowship for John Marshall students from western states; to assist in recruiting John Marshall students from western states; to augment alumni activity for students, and to promote western states as places for employment. The Association of Trial Lawyers of America/Student Division is the national organization for law students and lawyers involved in civil litigation. The Black Law Students Association articulates and promotes the professional needs and goals of the African-American student body. The Brehon Society is an Irish cultural, historical, and social club. The Canadian Law Society is for students interested in learning about law and legal developments in Canada, welcoming students and visitors from Canada, keeping in touch with Canadian alumni, and developing professional contacts with our northern neighbors. Click for Table of Contents The Central and Eastern European Student Bar Association, formerly the Masaryk Law Society, was formed so that students of Bohemian background may have a forum for exchanging ideas and socializing with fellow students. The Children’s Law Society targets programs that review children’s rights and the effects current laws have on their lives. The Christian Legal Society is directed towards students who wish to further their relationship with other Christians through community, fellowship, and accountability. The Corporate Law Association focus includes providing a platform for students interested in corporate law in the classroom and outside of the classroom. The Criminal Law Society strives to increase awareness of the criminal law field among students, faculty, and the legal community. The Decalogue Society strives to provide networking opportunities to meet lawyers and judges within the Jewish community. The Employee Benefits Law Student Association strives to provide a forum for John Marshall students to meet and network outside of their classes, as well as relevant education in Employee Benefits law. The Entertainment, Media, and Sports Law Society is interested in all facets of entertainment and media law. Members strive to bring together interested students, entertainment lawyers, and representatives of the entertainment industry. The Environmental Law Society strives to educate The John Marshall Law School community about current environmental issues and to inform its members of opportunities in environmental law. The Fair Housing Association promotes student interest in The John Marshall Law School Fair Housing Legal Clinic. The John Marshall Family Law Society provides the student body the opportunity to learn more about issues regarding estate planning, elder law, and divorce. THE 26 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life The Federalist Society is a group of conservatives and libertarians who promote the belief that the separation of governmental powers is central to our Constitution and that it is emphatically the province and the duty of the judiciary to say what the law is, not what it should be. The Foreign Law Students Association helps foreign students adjust to life in the United States. The Gavel Society is a prominent not-for-profit honorary organization that recognizes leadership in the school community. The Gay and Lesbian Legal Alliance is an organization of law students that explores the legal issues surrounding sexual orientation and seeks to diminish negative stereotyping of gay, lesbian, bisexual, and transgendered persons. The Graduate Tax Society allows students to learn about specific tax issues through lectures, prepares them to seek a career in taxation, and allows them an opportunity to meet outside the classroom. This organization is open to LL.M. and J.D. taxation students. The John Marshall Law School Habitat for Humanity chapter is the only law school chapter in the Midwest. The chapter offers real estate legal assistance as well as hands-on assistance for Habitat’s home-building projects. The Health Law Society fosters the interaction of students with special interests in health-related issues and the law. The Hellenic Law Student Association is an organization composed of law students of Greek descent. It is both academic and community oriented. The Hispanic Law Students Association comprises primarily law students with Hispanic ancestry. It tries to provide assistance and encouragement to first-year students. The Information Technology Society focuses on issues of interest in the field of computer law, which includes privacy, trademark, copyright, patent, free speech, encryption, clipper chip, and the information superhighway. The Institute for Peace and Justice promotes issues of international peace, justice, and human rights within The John Marshall Law School community and the Chicago legal community. The Labor and Employment Law Society’s goal is to assist its members in understanding and entering the field of labor law. The Real Estate Law Student Chapter of Lambda Alpha International is an honorary society designed to promote scholarship and networking among students and land professionals in considering problems of land economics. The Latter-Day Saint Student Association proposes to aid students in living a balanced life and provide them with opportunities for service, social, and religious activities. The Law Enforcement Students Organization provides support and networking opportunities to members working in the law enforcement community, as well as those who support the law enforcement community. The Lex Liaison Society strives to facilitate a deeper understanding between John Marshall students and their spouses or significant others concerning the challenges and demands of law school. The Muslim Law Student Association provides Muslim law students with a place to discuss issues that are particularly relevant to them. The Public Interest Law Council encourages students to incorporate the area of public interest law into their legal careers. The Thurgood Marshall Society promotes students’ accessibility to the legal community in civil rights issues, education, health care, and poverty. The Intellectual Property Society was organized because The John Marshall Law School has one of the nation’s most comprehensive programs in intellectual property law. As a result, large numbers of students who have an interest in that area of law come to the school. The Vocal Ensemble is a drama and music group that promotes relations between faculty, staff, and students in a non-academic environment and provides an atmosphere for relaxation, camaraderie, and departure from the daily rigors of legal study. The International Law Society seeks to promote greater interest in international law. The White Collar Criminal Defense Club allows each member the opportunity to make a presentation regarding effective defense strategies for a particular “white collar” criminal charge. It is the intent of John Marshall Students for America’s Protection to address changes in the law regarding the threats of terrorism. The Justinian Society provides law students of Italian descent the opportunity to network with their peers as well as with established professionals. Click for Table of Contents The goal of the Women’s Bar Association/Student Division is to help students discover how to deal with issues of women in the law. The purpose of the Women’s Law Caucus is to raise awareness about women’s issues, to promote equality between the genders, and to provide a forum for exchanging ideas. THE 27 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life Honors Programs The John Marshall Law School is proud of its five dynamic and successful honors programs. Of the five, three are publications The John Marshall Law Review The Journal of Computer and Information Law The Review of Intellectual Property Law and two involve interscholastic trial competition Moot Court Honors Program Trial Advocacy Honors Program. The John Marshall Law Review Membership on the John Marshall Law Review board is one of the highest academic honors the law school offers and provides excellent training for the practice of law. The Law Review publishes scholarly works on a broad range of current legal topics written by legal scholars, practitioners, and John Marshall students. A 13-member student editorial board, selected from the staff membership, manages and edits the Law Review. Staff members assist the editorial board in preparing articles for publication. Invitations to write for the Law Review are extended to the top 15 percent of students who have completed at least 25 but fewer than 38 credit hours and to those who successfully complete the write-on program. To be appointed to the Law Review staff, those invited to write must complete one acceptable article. Membership presupposes a student’s commitment to legal research, writing, publishing, and a willingness to work long hours. Staff members may earn academic credit. Click for Table of Contents The Journal of Computer and Information Law The Journal of Computer and Information Law is an international law review that examines recent developments in information technologies and privacy law. Students enjoy editorial responsibilities for the Journal, with faculty oversight. The Journal of Computer and Information Law is one of the few legal publications of its kind. By combining commentary from experts in the technology and privacy fields as well as from students, the Journal is able to fully address the techno-legal issues of today, reaching subscribers in more than 35 countries. Recent issues of the Journal have focused on how technological changes affect such diverse areas as torts, contracts, copyright, First Amendment, privacy, and antitrust law. Invitations to write for the Journal are extended to the top 20 percent of students who have completed at least 25 but fewer than 38 credit hours and to those who successfully complete the write-on program. Applicants must complete an acceptable article in order to be appointed to the Journal staff. Membership presupposes a student’s commitment to legal research, writing, publishing, and a willingness to work long hours. Staff members may earn academic credit. The Journal of Computer and Information Law invites students to visit its offices and learn more about the organization. The Review of Intellectual Property Law The Review of Intellectual Property Law is an outgrowth of John Marshall’s strong reputation in intellectual property law. The Review of Intellectual Property Law is an online journal, founded in 2001 by a group of students interested in intellectual property law. Managed by a student editorial board, the Review of Intellectual Property Law publishes two to three issues annually, containing scholarly articles on topics such as patent, trademark, copyright, and trade secret law. Students are eligible to participate in the candidacy program if they have completed at least 24 hours and have at least 52 credit hours remaining. Students within this credit range will be invited to become “grade-on” candidates if they possess specific intellectual property-related qualifications. Students ranked in the top half of their class will be invited to participate in the write-on program. All candidates are required to write a scholarly paper during their candidacy semester. The Review of Intellectual Property Law invites interested students to read the current issue at www.jmls.edu/ripl, where additional information can also be found. THE 28 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life Moot Court The John Marshall Moot Court Honors Program offers students an opportunity to practice the appellate advocacy skills of conducting research, writing briefs, and arguing in front of judges. Each year, John Marshall enters student teams in approximately 25 interscholastic competitions nationwide. These competitions involve a wide spectrum of topics from civil rights to trademark law (see page 32). In 2001, a team from John Marshall won the Giles Sutherland Rich Memorial Moot Court Competition in patent law. In 2002, teams won two competitions: the Saul Lefkowitz Trademark Law Competition and the Albert R. Mugel National Tax Moot Court Competition. In 2005, the memorials (briefs) written by the Jessup Moot Court team received the Third Place Hardy C. Dillard Award in a competition among 543 teams from 87 countries. The Moot Court Honors Program has three components: the Herzog Competition, Executive Board and Council, and Interscholastic Competitions. See page 31 for more information. Trial Advocacy The John Marshall Trial Advocacy Honors Program is one of the cornerstones in the law school’s nationally recognized trial advocacy concentration. See page 33 for more information. John Marshall Sponsored Competitions International Moot Court Competition in Information Technology and Privacy Law The John Marshall Law School, in conjunction with the Moot Court Honors Program, hosts the annual International Moot Court Competition in Information Technology and Privacy Law. The competition is funded by an endowment from the Estate of Carl W. Carlson. The competition is one of the nation’s most widely respected moot court competitions, drawing teams from around the world. Nationally recognized judges from federal courts and state supreme courts adjudicate the oral arguments. Students in the Information Technology and Privacy Law program design the problem, write the bench memorandum, and serve as ambassadors throughout the competition. Click for Table of Contents The National Criminal Justice Trial Advocacy Competition The John Marshall Law School and the Criminal Justice Section of the American Bar Association annually co-host this national invitational mock-trial competition. The competition received a special award from the American Bar Association in 1995, and is widely recognized as one of the finest law school events in the U.S. In the past six years, more than 60 different law schools from throughout the nation have participated. THE 29 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life WINNING APPELLATE ADVOCACY TEAMS The John Marshall team earned First Place Memorial honors for the North Central Region for its brief at the 2005 Phillip C. Jessup International Moot Court Competition. The brief was then entered in the Hardy C. Dillard World Competition, earning team members (back row, from left) Julia Bikbova, Linda Burns, Sara Boyd, and Shama Patari third place honors among more than 500 teams from around the world. Professor Mark Wojcik (seated, left), the team’s coach, and Michael Peil (seated, right), executive director of the International Law Students Organization, presented the award to the team. At the 2005 Hispanic National Bar Association Moot Court Competition, team members (from left) Jason Kendziera and Luz Toledo won Best Petitioner’s Brief honors. Congratulating them is their coach, Professor Damien Ortiz. 2005–2006 I NTERSCHOLASTIC C OMPETITIONS Children and Family Law Entertainment and Sports Dominic L. Gabrielli Family Law Moot Court Competition Octofinalists Second Place Brief Pepperdine University National Entertainment Law Moot Court Competition Fifth Place Oralist Civil Rights and Civil Liberties Frederick Douglass Moot Court Competition Quarterfinalists (Regional) Hispanic National Bar Association Moot Court Competition Quarterfinalists Thomas Tang Moot Court Competition Best Brief (Regional) Tulane Invitational National Sports Law Competition Quarterfinalists Best Brief Illinois Law Chicago Bar Association Moot Court Competition Third Place Second Best Oralist Best Brief International Law Philip C. Jessup International Law Moot Court Competition Semifinalists (Regional) Third Best Oralist International Environmental Law Moot Court Competition Quarterfinalists Third Place Petitioner’s Brief Constitutional Law Giles Sutherland Rich Memorial Moot Court Competition Best Appellee Brief Tax Albert R. Mugel National Tax Moot Court Competition Quarterfinalists Patent Niagara Cup International Moot Court Tournament Second Best Oralist Labor Midwest Moot Court Competition Second Place Best Brief Patent Giles Sutherland Rich Memorial Moot Court Competition Quarterfinalists (Regional) Best Oralists (Regional) Robert F. Wagner Sr. National Labor Law Moot Court Competition Octofinalists Third Best Petitioner’s Brief Evan A. Evans Constitutional Law Moot Court Competition Octofinalists (Regional) Click for Table of Contents THE 30 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life Moot Court Honors Program HERZOG MOOT COURT COMPETITION EXECUTIVE BOARD COUNCIL The Moot Court Honors Program conducts the Dean Fred F. Herzog Moot Court Competition. All third-semester students participate in this competition. This one-credit course is held during the first seven weeks of each semester as well as during the summer term. Recent topics have included the constitutionality of gay marriage, a celebrity’s right of publicity, and the Americans with Disabilities Act. The Herzog Competition is a prerequisite to selection to the Moot Court Council and Executive Board. Herzog award winners and students in the top 33 percent of their class (after completing at least 25 but fewer than 38 hours) are eligible to participate in Moot Court Council. AND The Moot Court Executive Board and the faculty Moot Court director administer the Moot Court Honors Program. The Executive Board consists of a Chief Justice, an Executive Justice, and 10 Associate Justices All Executive Board members compete on inter-scholastic teams, judge preliminary rounds of the Herzog Competition, and perform a variety of administrative duties. Board members receive partial tuition waivers for their service. Participation on Moot Court Council is a prerequisite to application for a position on the Executive Board Council members participate in a candidacy program on appellate advocacy and assist board members with their administrative responsibilities. INTERSCHOLASTIC COMPETITIONS The capstone of the Moot Court Honors Program is participation in interscholastic moot court competitions. The competitions, on topics as diverse as Criminal Procedure and International Environmental Law, are hosted by law schools and bar associations across the country. The two-to-four-student teams write briefs and present oral arguments at the competitions. Students may choose to receive academic credit for participation. All students may try-out for these competitions after completing the Herzog Competition. Candidates prepare an oral argument and interview with members of the Executive Board and faculty. MOOT COURT E XECUTIVE BOARD The 2005 –2006 members of the Moot Court Executive Board (standing, from left): Jeffrey Hoskins, Jacqueline Aldrich, John Ryan, Michael Lindinger, Michael Corsi, and Catherine Howard, and (seated, from left) Bryan Jones, Adrienne Detanico, Daniel Taylor, Jeffrey Bora, and Karen Simon. Click for Table of Contents THE 31 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life Moot Court Competitions Business Law Judge Conrad B. Duberstein Bankruptcy Moot Court Competition (St. John’s University Law School and American Bankruptcy Institute) Irving R. Kaufman Memorial Securities Law Moot Court Competition (Fordham University School of Law) Octofinalists, 2001 Children and Family Law Dominic L. Gabrielli Family Law Moot Court Competition (Albany Law School) Second Place Brief, 2006 Octofinalists, 2006 National Juvenile Law Moot Court Competition (Whittier Law School) Civil Rights and Civil Liberties Frederick Douglass Moot Court Competition (National Black Law Students Association) Semifinalists, 2002 Regional Second Best Brief, 2002 Regional Quarterfinalists, 2006 Regional Octofinalists, 2001 Regional Benjamin N. Cardozo/BMI Entertainment and Communications Law Moot Court Competition (Yeshiva University and Broadcast Music Inc.) Quarterfinalists, 2005, 2003, 2000 Pepperdine University National Entertainment Law Moot Court Competition Fifth Place Oralist, 2005 Tulane Invitational National Sports Law Competition Best Brief, 2006 Semifinalists, 2001 Quarterfinalists, 2005, 2006 Octofinalists, 2000 National Health Law Moot Court Competition (Southern Illinois University School of Law) Illinois Law Chicago Bar Association Moot Court Competition Finalist, 2002 Best Brief, 2005 Third Place, 2005 Second Best Oralist, 2005 Thomas Tang Moot Court Competition (National Asian Pacific American Bar Association) Regional Champion, 2002 Semifinalists, 2000 Regional Best Brief, 2004 Regional Best Brief, 2005 Regional Midwest Moot Court Competition (Illinois Appellate Lawyers Association) Second Place, 2006 Best Brief, 2006 Semifinalists, 2000 Constitutional Law Evan A. Evans Constitutional Law Moot Court Competition (University of Wisconsin Law School) Quarterfinalists, 2004 Octofinalists, 2006 International Law International Environmental Law Moot Court Competition (Stetson University College of Law) Quarterfinalists, 2005 Third Best Memorial, 2005 National Appellate Advocacy Competition (American Bar Association) Quarterfinalists, 2005 Regional Octofinalists, 2000 Regional Second Best Oralist, 2005 Regional National Moot Court Competition (Association of the Bar of the City of New York) Criminal Law John J. Gibbons National Criminal Procedure Competition (Seton Hall University Law School) Dean Jerome Prince Memorial Evidence Competition (Brooklyn Law School) Click for Entertainment and Sports Law Labor Law Robert F. Wagner Sr. National Labor Law Moot Court Competition (New York Law School) Quarterfinalists, 2005 Octofinalists, 2006 Third Best Petitioner’s Brief, 2006 Patent Law Giles Sutherland Rich Memorial Moot Court Competition (American Intellectual Property Law Association) National Champion, 2001 Semifinalists, 2004 Finalists, 2001 Regional Quarterfinalists, 2005 Regional Best Appellee Brief, 2002, 2006 Best Oralists, 2005 Regional Products Liability August A. Rendigs Jr. National Products Liability Moot Court Competition (University of Cincinnati College of Law) Best Brief, 2002 Health Law Hispanic National Bar Association Competition Best Petitioner’s Brief, 2005 Quarterfinalists, 2006 Table of Contents Herbert Wechsler National Criminal Law Moot Court Competition (State University of New York at Buffalo School of Law) Semifinalists, 2003 Best Oral Advocate, 2003 Fourth Best Brief, 2005 Philip C. Jessup International Law Moot Court Competition (International Law Students Association) Scribes Brief Award, 2006 Third Place Hardy C. Dillard Award, 2005 First Place Memorial, 2005 Regional Semifinalists, 2001 Regional, 2006 Regional Second Place Memorial, 2003 Regional Third Best Oralist, 2006 Space Law International Institute of Space Law Moot Court Competition (Association of U.S. Members of the International Institute of Space Law) Best Brief, 2000 Third Place, 2000 Tax Law Albert R. Mugel National Tax Moot Court Competition (University of Buffalo School of Law) First Place, 2002 Second Place, 2005 Best Oralist, 2002, 2003, 2006 Semifinalists, 2003 Quarterfinalists, 2004, 2006 Best Written Brief, 2003 Trademark Law Saul Lefkowitz Trademark Law Moot Court Competition (Brand Names Education Foundation of the United States Trademark Association) National Champion, 2002 Second Best Brief, 2002 Second Best Oralist, 2002 Regional Champion and Best Brief, 2002 Niagara Cup International Moot Court Tournament (Canada-United States Law Institute) Second Best Oralist, 2006 THE 32 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life Trial Advocacy Honors Program TRIAL ADVOCACY AND DISPUTE RESOLUTION HONORS BOARD MOCK TRIAL, CLIENT COUNSELING, NEGOTIATION, MEDIATION, AND ARBITRATION COMPETITIONS The John Marshall Law School’s recently established Trial Advocacy and Dispute Resolution Honors Board (Barristers’ Board) offers a variety of activities for students selected to serve as either Board or Council members. Whether a student’s interest lies in trial work, arbitration, negotiation, mediation, or client counseling, the members of both the Honors Board and its supporting Council have numerous intraand interscholastic competitions and programs that welcome their participation. In addition to other duties and responsibilities, the Barrister’s Board also administers programs such as a national collegiate-level mediation competition and hosts intrascholastic trial and alternative dispute resolution competitions. Each year the law school enters teams in interscholastic competitions involving trial advocacy, client counseling, mediation, arbitration, and negotiation. Students compete for the privilege of representing the law school in each national and regional competition. Students may earn one or two semester hours of graded credit for visitation on each team. John Marshall’s trial team won the 2003 National Championship at the National White Collar Crime Mock Trial Invitational, sponsored by Georgetown University Law Center and the American Bar Association, and took semifinalist’s honors at the 2006 ATLA competition in Miami, Florida. 1L M O C K T R I A L COMPETITION The John Marshall Law School recognizes the value of exposing students, at an early stage in their law school careers, to the basic skills necessary for them to become competent trial lawyers. A prime example of this principle in practice is the annual 1L Mock Trial Competition, conducted by the Center for Trial Advocacy and Dispute Resolution in conjunction with the Barristers’ Board and Council. The most recent 1L Mock Trial Competition included more than 80 students competing for first and second place awards and the opportunity to attend the Introduction to Trial Advocacy pilot course over the summer. The competition is offered annually in the spring semester. TRIAL ADVOCACY AND DISPUTE RESOLUTION HONORS BOARD The 2005–2006 board members (standing, from left): Morgan Stogsdill (J.D. ’06), Keith Meister (J.D. '06), Tiffany Freeman, and Anne Littlejohn, and (seated, from left) Daniel Jackson (J.D. ’06), Christina Brewer (J.D. '06), Benjamin Burnham, and Sarah Staszak Miller (J.D. '06). Click for Table of Contents THE 33 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life Trial Advocacy Competitions Trial Advocacy Alternative Dispute Resolution/Counseling Lone Star Classic National Mock Trial Quarterfinalists, 2004 ATLA National Trial Advocacy Competition Semifinalists, 2003 Semifinalists, 2005 Regional Champions, National Semifinalists, 2006 Buffalo Niagara Invitational Mock Trial Competition Georgetown University National White Collar Crime Mock Trial Competition Best Advocate, 2002 Best Written Motion, 2002 National Champion, 2003 Best Oral Advocate, 2003 Best Advocate, 2004 ABA Arbitration Competition National Association of Criminal Defense Lawyers Mock Trial Competition ABA Client Counseling Competition National Black Law Student Association Thurgood Marshall Mock Trial Competition Quarterfinalists, 2004 National Law School Mediation Tournament Champions, 2006 St. John’s University School of Law National Civil Rights Trial Competition Texas/ABA National Mock Trial Competition Quarterfinalists, 2003 Semifinalists, 2004 Quarterfinalists, 2005 ABA Negotiation Competition Wilhelm C. Vis International Commercial Arbitration Moot Competition Finalists, 2004 Honorable Mention Best Oralist, 2004 Honorable Mention Best Oralist, 2005 Wm. W. Daniels Mock Trial Competition Sponsored by the State Bar of Georgia Most Professional Team, 2004 John Marshall/ABA National Criminal Justice Trial Advocacy Competition TRIAL ADVOCACY AWARDS AMERICAN TRIAL LAWYERS ASSOCIATION NATIONAL TRIAL ADVOCACY COMPETITION ATLA team members (from second from left) Daniel Jackson, Keith Meister, and Morgan Stogsdill are congratulated by their coaches (from right) Michael Mahoney and Lisa Damico, and Professor Kenneth Kandaras (left), director of the Center for Advocacy and Dispute Resolution. Not pictured is team member Beth Heffernan. Click for Table of Contents THE 34 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life DISPUTE RESOLUTION AWARDS 2006 FIFTH ANNUAL NATIONAL LAW SCHOOL MEDIATION TOURNAMENT Coach and Adjunct Professor Elizabeth Simon (second from left) congratulates team members (from left) Jeffrey Hertz, Robert Bressler, Curtis Vosti, and Sorah Kim. The other members were Joshua Wolkomir and Peter Lynch. John Marshall’s team took first place in the event, and individual honors were won by Vosti (First Place, Best Mediator), Bressler (Third Place, Best Mediator), and Wolkomir (Tenth Place, Best Mediator). WILHELM C. VIS INTERNATIONAL COMMERCIAL ARBITRATION MOOT VIENNA, AUSTRIA Vis team members (from left) Kevin Kelly, Christopher Kahler, and Sarah Staszak Miller, with coach and faculty advisor Professor Karen Halverson Cross, celebrate Staszak Miller’s selection as Honorable Mention Best Oralist in the 2005 competition. Not pictured is the team’s co-coach, Director of the Center for Advocacy and Dispute Resolution Ken Kandaras. Click for Table of Contents THE 35 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life Colleges and Universities Represented in the Student Body Agnes Scott College Allegheny College American University Appalachian State University-NC Aquinas College-MI Arizona State University Augustana College-IL Aurora University-IL Ball State University-IN Beloit College-WI Benedictine University-IL Bethany College-KS Bethel College-MN Boise State University Boston College Boston University Bowling Green State University-OH Bradley University-IL Brandeis University Butler University California State University-Fullerton California State University-Long Beach California State UniversityNorthridge California State UniversitySacramento California State University-San Diego Calumet College of Saint Joseph-IN Capital University-OH Cardinal Stritch University-WI Carleton College Carnegie-Mellon University/PA Carthage College-WI Case Western Reserve University Central Michigan University Chicago College-Ostepathic Medicine/Midwestern University Chicago State University Claremont McKenna College-CA Clark University-MA Clarke College-IA Clarkson University Clemson University-SC Colgate University College of the Holy Cross-MA Colorado College Colorado State University Columbia College-IL Columbia University, IL Concordia University-WI Click for Table of Contents Cornell College-IA Cornell University Creighton University-NE Culver-Stockton College-MO Dartmouth College-NH Denison University De Paul University De Vry Institute of Technology-IL Depauw University-IN Dominican University/Rosary College Drake University-IA Drew University-NJ Earlham College-IN East Carolina University Eastern Illinois University Eastern Michigan University Eastern Tennessee State University Elmhurst College-IL Embry-Riddle Aeronautical-FL Emory University-GA Emporia State University-KS Fairfield University-CT Florida Agricultural & Mechanical University Florida Atlantic University Florida International University Florida State University Franklin and Marshall College-PA Franklin University-OH George Mason University-VA George Washington University-DC Georgetown University-DC Georgia State University Glassboro State College/Rowan Governors State University-IL Grand Valley State College-MI Gwynedd-Mercy College Hamilton College-NY Hampton University-VA Hillsdale College Hope College-MI Howard University Illinois Institute of Technology Illinois State University Illinois Wesleyan University Indiana Central University/University of Indianapolis Indiana State University-Evansville Indiana State University-Terre Haute Indiana University-Bloomington Indiana University-Northwest/Gary Indiana University-Purdue University/Fort Wayne Indiana University-Purdue University/Indianapolis Indiana University-South Bend Indiana Wesleyan University/Marion College, Marion Iowa State University Ithaca College-NY John Carroll University-OH Johns Hopkins University-MD Judson College-IL Kalamazoo College-MI Kansas State University Kent State University-OH Kentucky State University Kenyon College-OH Kettering University Knox College-IL Lafayette College-PA Lake Forest College-IL Lawrence University-WI Lewis and Clark College-OR Lewis University-IL Loras College-IA Louisiana State University-Baton Rouge Loyola College-MD Loyola Marymount College-CA Loyola University-Chicago Loyola University-LA Macalester College-MN Manhattan College Marquette University-WI Marycrest College-IA Marymount University-VA McGill University-Canada Miami University-Oxford, OH Michigan State University Michigan Technological University Middle Tennessee State University Midwestern State University Millikin University-IL Milwaukee School of Engineering Minnesota State University-Mankato Monmouth College-IL Montana State University Montana State University-Billings Morgan State University-MD Mount Union College Mundelein College/Loyola University-IL Murray State University-KY National College of Education/National Lewis University-IL New England College-NH New York University Newcomb College of Tulane University-LA North Carolina State University at Raleigh North Central College-IL North Park University-IL Northeastern Illinois University Northeastern University-MA Northern Arizona University Northern Illinois University Northern Kentucky University Northwestern University-IL Northwood Institute Nova Southeastern University-FL Oakland University-MI Ohio State University-Columbus THE 36 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Student Life Colleges and Universities Represented in the Student Body (continued) Ohio University-Athens Oklahoma State UniversityStillwater Pennsylvania State UniversityUniversity Park Plymouth State College Providence College-RI Purdue UniversityCalumet/Hammond Purdue University-West Lafayette Queens University-Canada Quincy University-IL Radford University-VA Rider University-NJ Robert Morris College, IL Rochester Institute of Technology Rockford College-IL Roosevelt University Illinois Roosevelt University Rutgers University-NJ St. Ambrose College-IA St. John’s University St. Joseph’s College-IN St. Joseph’s University-PA St. Leo College St. Mary’s College-IN St. Norbert College-WI St. Olaf College St. Xavier University-IL Salem State College-MA Samford University Smith College-MA Skidmore College Southeast Missouri State University Southern Illinois UniversityCarbondale Southern Illinois UniversityEdwardsville Southern Methodist University-TX Southwest Baptist University-MO Southwest Missouri State University Southwestern at Memphis/ Rhodes College Spelman College-GA Stanford University-CA Stetson University Suffolk University SUNY-Center at Stony Brook SUNY-College at Oswego Swarthmore College Syracuse University-NY Click for Table of Contents Taylor University-Main/IN Temple University-PA Texas A&M University at College Station Trinity Christian College-Palos Heights Trinity University-TX Tufts University/Jackson College-MA Tulane University-LA United States Merchant Marines Academy-NY United States Military Academy-NY University of Alabama University of Arizona University of Calgary-Canada University of California-Davis University of California-Irvine University of California-Los Angeles University of California-Riverside University of California-San Diego University of CaliforniaSanta Barbara University of Central Florida/Florida Tech. University University of Chicago University of Colorado-Boulder University of Connecticut-Storrs University of Dallas University of Dayton-OH University of Delaware University of Dubuque University of Florida University of Georgia University of Houston University of Iowa University of Illinois-at Chicago University of IllinoisHealth Science Center University of Illinois-Springfield University of Illinois-UrbanaChampaign University Of Kansas University of Kentucky-Lexington University of Maryland-College Park University of MassachusettsAmherst University of Miami-FL University of Michigan-Ann Arbor University of Michigan-Dearborn University of Minnesota/ Minneapolis-St. Paul University of Missouri-Columbia University of Missouri/Kansas City University of Missouri-Saint Louis University of Mississippi University of Nebraska-Lincoln University of Nevada-Las Vegas University of New Mexico & NM School of Law University of NC-Chapel Hill University of NC-Greensboro University of NC-Wilmington University of North Florida University of Northern Iowa University of Notre Dame University of Oklahoma-Norman University of Oregon-Eugene University of Pennsylvania University of Pennsylvania Law School University of Pittsburgh University of Richmond University of Rochester-NY University of Saint Francis-IL University of Saint Thomas-MN University of South Alabama University of South Florida University of Southern CaliforniaLos Angeles University of Southwestern Louisiana University of the State of NYRegents College University of Tennessee-Knoxville University of Toledo-OH University of Texas-Austin University of Utah University of Vermont University of Washington University of Western Ontario University of Wisconsin-Eau Claire University of Wisconsin-Green Bay University of Wisconsin-La Crosse University of Wisconsin-Madison University of Wisconsin-Milwaukee University of Wisconsin-Platteville University of WisconsinStevens Point University of Wisconsin-Stout University of Wisconsin-Whitewater Valparaiso University Vanderbilt University-TN Villanova University Virginia Polytechnic Inst. & State University Virginia State University Wabash College-IN Wake Forest University-NC Washington University-MO Wayne State University Webster College-MO Wesleyan University-CT West Chester University of Pennsylvania West Virginia UniversityMorgantown West Virginia Wesleyan College Western Illinois University Western Michigan University Winona State University-MN Wittenberg University Xavier University-OH THE 37 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index FACULTY & ADMINISTRATION T he John Marshall Law School Marshall students in an extensive array is proud of the accomplished of trial advocacy and litigation skills, men and women who make up its and many practicing lawyers help train faculty. The 56 full-time and more our students in areas such as Intellectual than 300 part-time faculty members Property, Trial Advocacy, International are committed teachers, grounded in Business and Trade, Illinois Civil the theoretical and practical aspects of Procedure, Information Technology and law and well-regarded in the academic Privacy, Employee Benefits, Tax Law, and legal communities. Criminal Procedure, Real Estate, and many other areas. John Marshall faculty are some of the top scholars in areas such as Intellectual Property, Our faculty emphasizes teaching, scholarship, and Information Technology and Privacy Law, service to the law school and the community. Much International Law, Trial Advocacy and Dispute of their scholarship directly relates to the subjects Resolution, Civil Procedure, Criminal Procedure, they teach. This emphasis means that you will find our Criminal Justice, Civil and Criminal Evidence, faculty, both in their offices and in class, always willing Contracts, Labor Law, Real Estate, Employee to answer questions or discuss current legal issues. Benefits, Tax Law, Legal History, Legal Writing, and Fair Housing. The law school is also proud of its administration and staff. These talented professionals have The John Marshall Law School has always had strong contributed greatly to the success of John Marshall. ties to the bench and bar in the Chicago area, which On the following pages we introduce some of them, enables students to benefit from the knowledge and in the hope that, as you become a member of The experience of the many distinguished practicing John Marshall Law School community, you will get lawyers and judges who make up its part-time faculty. to know them better. More than 20 judges and former judges train John Click for Table of Contents THE 38 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Yvette M. Barksdale Gerald E. Berendt Associate Professor Alberto Bernabe Professor and Associate Dean for Advanced Studies and Research Professor B.A., Oberlin College J.D., Yale Law School A.A., University of Florida J.D., University of Puerto Rico B.A., University of South Carolina LL.M., Temple University Before joining the faculty in 1989, Professor Barksdale practiced with Carter, Ledyard and Milburn in New York City, and taught legal writing at University of Bridgeport School of Law and IIT/ Chicago-Kent College of Law. Before law school, Professor Barksdale developed CAD-CAM software for General Motors. Professor Barksdale’s scholarship focus is governmental value selection. She has presented her scholarship nationally and served as a research consultant to the Administrative Conference of the United States and as a committee vice-chair of the ABA Section of Administrative Law and Regulatory Practice. She also writes a quarterly “Recent Articles of Interest” column for that Section’s Administrative and Regulatory Law News. Professor Barksdale has been a board member of the Black Women Lawyer’s Association of Greater Chicago, receiving their President’s Award for Outstanding Service in 1993. She has served with the Chicago Scholars of Color, on committees of the Alliance of Justice, the Chicago Bar Association Alliance for Women, and on the planning committee for the American Association of Law Schools Midwest Region Equal Justice Colloquium. Most recently she chaired the 2003 Annual Meeting of the Midwestern People of Color Legal Scholarship Conference. Professor Barksdale teaches Administrative Law, Constitutional Law, and a Law and Diversity Seminar. Click for Table of Contents B.A., Princeton University J.D., University of South Carolina LL.M., New York University Associate Dean Gerald Berendt supervises the graduate programs offered by the Centers for Excellence, as well as the Global Perspectives Group, the Foreign Alliances Programs, the Fair Housing Center, and Distance Learning. After law school, Dean Berendt was an attorney with the National Labor Relations Board in Washington, D.C. Over the last 25 years, he has held several Governor’s appointments to Illinois agencies, including chairman of the Illinois Educational Labor Relations Board, chairman and executive director of the Illinois Office of Collective Bargaining, director of Labor Ad Hoc, and member of the Illinois Impasse Resolution Panel. In 2002–2003, he served as a member of Governor Rod Blagojevich’s Labor Policy Committee. He is active in a number of labor relations organizations, including the American Arbitration Association. He has authored or coauthored numerous books and law review articles and frequently speaks before professional associations and bar groups. Dean Berendt also chaired the law school’s Arthur J. Goldberg Conference, named for the late Associate Justice of the United States Supreme Court, who was a distinguished member of the John Marshall faculty. Dean Berendt joined the law school faculty in 1975 and was named associate dean in 2004. He teaches Collective Bargaining and Arbitration, Contracts, Labor Law, and Public Sector Labor Relations. After graduating from law school, Alberto Bernabe clerked for Associate Justice Federico Hernandez-Denton of the Supreme Court of Puerto Rico. He later entered private practice, specializing in personal injury, mass disaster litigation, and general media law practice. Before joining the faculty at John Marshall, Professor Bernabe was a teaching fellow at Temple University, where he taught Mass Media Law and collaborated in teaching Torts, Products Liability, and Legal Ethics. He was awarded an LL.M. in Legal Education in 1994. Professor Bernabe has published articles and lectured on many different topics, including the effects of globalization on different aspects of the law, legal ethics, the history of American legal education, journalism ethics, the Socratic method of teaching, the “marketplace of ideas,” and the relationship between the media and the judicial system. Professor Bernabe joined the faculty in 1992. He teaches Professional Responsibility, Mass Media Law, Products Liability, and Torts. THE 39 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Donald L. Beschle Cynthia D. Bond Susan L. Brody Professor Clinical Professor of Legal Writing Professor B.A., Fordham University B.A., magna cum laude, University of Illinois, Urbana-Champaign B.S., summa cum laude, Ohio State University M.F.A., Cornell University J.D., cum laude, IIT/Chicago–Kent College of Law J.D., New York University Order of the Coif LL.M., Temple University J.D., Cornell Law School As a law student at New York University, Don Beschle served as research editor of the Annual Survey of American Law and was elected to the Order of the Coif. After graduation, he spent several years as an associate at the New York firm of Phillips, Nizer, Benjamin, Krim & Ballon, working on a wide range of civil matters. From 1979 to 1981, he was a teaching fellow at Temple University School of Law, where he taught in both the law school and the undergraduate college while earning his LL.M. degree. His articles have appeared in more than a dozen law reviews and have been widely cited by both academic commentators and the United States Supreme Court. Professor Beschle joined the faculty in 1981. He teaches Antitrust Law, Constitutional Law, Property, and Religion and the Law. After graduating from law school in 1993, where she was on the staff of the Cornell Law Review, Cynthia Bond worked as a research associate for a solo practitioner in Ithaca, New York, while also serving as a volunteer staff attorney for Neighborhood Legal Services, a public interest law office. From 1994–1995, she was a solo practitioner in Ithaca, focusing on family law for low-income clients. From 1995–1999, she was an associate with True, Walsh & Miller, where her practice areas included litigation, domestic relations, and real estate. From 1999–2004, she was on the faculty of Cornell Law School, where she taught a first-year legal writing class, as well as a seminar on law and film. Professor Bond received the Tompkins County Bar Association award for outstanding pro bono legal services in 1995, and the American Bar Association Journal Ross Essay Award in 1998. She came to John Marshall as a visiting professor in 2004 and joined the full-time faculty in 2006. Professor Bond teaches Lawyering Skills and “Images of Law in Film,” which examines cultural representations of law and lawyers from various critical perspectives. Click for Table of Contents After law school, Susan Brody served as law clerk for the Honorable Lloyd A. Van Deusen of the Illinois Appellate Court. She then practiced with Beermann, Swerdlove et al., concentrating in family law and appellate practice. Professor Brody joined the John Marshall faculty in 1982 and served as director of the Lawyering Skills Program from 1985–1995. She was associate dean for academic affairs from 1995–1997 and associate dean for institutional affairs during 1998–1999. She has served on law school committees concerning strategic planning, decanal search, and development. Professor Brody also participates on committees and is involved in activities of the American Bar Association, Association of American Law Schools, Illinois State Bar Association, and SCRIBES (the American Society of Writers on Legal Subjects). Professor Brody has spoken on topics concerning legal education and lawyering skills for numerous groups. She has consulted for law schools and presented seminars at law firms, corporate legal departments, and governmental agencies. She also serves on bar committees dealing with issues about women and the law. Professor Brody teaches Civil Procedure and a course on Women, the Law, and Feminist Jurisprudence. THE 40 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Joseph R. Butler William K. Carroll Clinical Professor Professor B.A., Eastern Illinois University A.B., B.S., Quincy College J.D., The John Marshall Law School S.T.L., Catholic University of America Joseph Butler attended The John Marshall Law School, where he was the first student ever in The John Marshall Law School Fair Housing Legal Clinic. Having learned the value of clinical legal education, he now supervises students at the Clinic. Under his supervision, John Marshall students have successfully litigated fair housing cases in federal court, state court, and before various administrative agencies. He has lectured nationally on fair housing law and has conducted trainings for the United States Department of Housing and Urban Development. Professor Butler began teaching at John Marshall in 1995. He supervises students at The John Marshall Law School Fair Housing Legal Clinic and teaches Fair Housing Law, Administrative Law, and Lawyering Skills. Ph.D., University of Strasbourg Click for Table of Contents M.A., Duquesne University J.D., Northwestern University Licensed Clinical Psychologist Before joining the faculty at John Marshall, Professor Carroll had varied careers, among them university professor of theology and psychology and religion, clinical psychologist, trial attorney as a federal defender, and corporate counsel for a cable television company and a supermarket chain. His interest in law developed while he was a post-doctoral visiting scholar at the University of Chicago. He continues his involvement with interdisciplinary matters, serving as counsel to the Illinois Psychological Association Ethics Committee, consultant on legal and policy issues to the American Psychological Association, Reporter for the American Bar Association Criminal Justice Mental Health Standards, and co-author of a controversial study on human sexuality commissioned by the Catholic Theological Society of America. He is frequently consulted on high-profile cases involving the mental responsibility of the accused. Professor Carroll joined the faculty in 1975. He teaches Conflict of Laws, Criminal Law, and Philosophy of Law. F. Willis Caruso Clinical Professor; Clinical Director, Fair Housing Legal Clinic B.S., Northwestern University J.D., Northwestern University F. Willis Caruso is co-executive director of The John Marshall Law School Fair Housing Legal Support Center and the clinical director of The John Marshall Fair Housing Legal Clinic. He also serves as a clinical professor of law at John Marshall. Professor Caruso formerly practiced law with Sidley & Austin; Caruso & Caruso; Isham Lincoln & Beale; and Keck, Mahin & Cate. He served as the general counsel of the Chicago Housing Authority from 1991 to 1994 and as the general counsel of the Leadership Counsel for Metropolitan Open Communities from 1970 to 1991. He has litigated more than 1,000 fair housing cases, including Village of Arlington Heights v. Metropolitan Housing Development Corporation and Gladstone Realtors v. Village of Bellwood. He has lectured at a large number of legal seminars and also authored many outlines, pamphlets, and articles, and a textbook, Cases and Materials on Fair Housing and Fair Lending Laws, fifth edition 2004. THE 41 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Maureen B. Collins Clinical Professor of Legal Writing B.A., Northwestern University J.D., DePaul University College of Law After graduating from law school, where she was an editor of the DePaul Law Review, Maureen Collins was an attorney with Sidley & Austin in Chicago (1985–1990). Her practice focused on trademark, copyright, and advertising law. Subsequently, she joined the faculty at DePaul University College of Law as a legal writing instructor and became director of legal writing in 1993. Professor Collins was at DePaul for 15 years and came to John Marshall as a visiting professor in 2005. For more than 10 years, she has spent her summers as a research and writing consultant at Sidley Austin Brown & Wood, working with 7,100 summer associates. Professor Collins wrote a monthly column, “Legal Communications,” for the Illinois Bar Journal from 1995–2004. She teaches Lawyering Skills. Click for Index Faculty Susan Marie Connor John E. Corkery Joel R. Cornwell Professor Professor and Acting Dean Professor B.A., Albertus Magnus College B.S., St. Louis University B.A., Duquesne University M.A., University of Hawaii J.D., Northwestern University M.Div., Yale University M.A., University of Hawaii Acting Dean John Corkery joined the John Marshall faculty after several years with the Chicago office of Lord, Bissell and Brook. He is a former chairman of the Illinois State Bar Association’s Standing Committee on Professional Conduct and a member of the joint Chicago Bar Association, Illinois State Bar Association and Illinois Judges’ Association Judicial Ethics Committee. He has spoken at, and prepared materials for, numerous Illinois Judicial Conferences and bar association programs, and currently is a Reporter for the Illinois Judicial Conference Committee on Evidence. Dean Corkery has testified as an expert witness in matters of professional responsibility and has been a member of the teaching faculty for the Attorney Registration and Disciplinary Commission’s Professional Responsibility Institute. He was a member of the Chicago Bar Association’s Board of Managers for two years and has been a co-writer of the CBA’s annual Gridiron musical, “Christmas Spirits,” since 1973. He is the author of Illinois Civil and Criminal Evidence (2000). Dean Corkery joined the faculty in 1973, was named associate dean for academic affairs in 1998, was named vice dean in 2004, and became acting dean in 2005. He teaches Evidence, Family Law, and Professional Responsibility. J.D., University of Hawaii Immediately after law school, Susan Connor was engaged in private practice in Hawaii, focusing on civil rights and land use law. She then served as an assistant state’s attorney in Lake County (Illinois), where she was responsible for the county’s land use litigation. Professor Connor has authored articles and books on zoning and subdivision controls, housing discrimination, and employment discrimination, most recently contributing chapters to several land use and municipal law books published by the Illinois Institute for Continuing Legal Education. For several years she wrote a monthly online publication, Flashpoints: Employment Law, which surveys current developments in the field. In addition, she continues to do pro bono litigation, mostly involving employment discrimination and fair housing cases that implicate zoning restrictions. She is a faculty member of the State of Illinois Association of Fire & Police Commissioners and chair of the police commission in her hometown. Professor Connor is also an urban planner and is active with the American Planning Association, serving for many years as chair of its Amicus Curiae Committee. She joined the faculty in 1980. She teaches Constitutional Law, Civil Rights, Employment Discrimination, Evidence, and Land Use Control. Click for Table of Contents J.D., Saint Louis University MLA, University of Chicago Having cultivated an interest in analytical philosophy during his undergraduate and graduate studies, Professor Cornwell has focused his legal scholarship on issues of law and language. He formerly served as a judicial clerk to the Hon. Moses W. Harrison, former Chief Justice of the Illinois Supreme Court, who was then sitting on the Illinois Appellate Court, Fifth District. Professor Cornwell has served as program chair for the AALS Section on Legal Writing, Reasoning, and Research, and has been a respondent at recent John Marshall conferences on Law and Language and on Animal Rights. Professor Cornwell joined the faculty in 1985. He teaches Lawyering Skills, Estates and Trusts, Property, Philosophy of Law, Psychology and the Law, and Religion and the Law. THE 42 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Linda R. Crane Karen Halverson Cross Professor and Associate Dean for Faculty Development Ronald Z. Domsky Professor Professor B.B.A., University of Wisconsin B.A.S., University of Illinois B.A., University of Wisconsin, Phi Beta Kappa M.M., Northwestern University J.D., cum laude, Harvard University C.P.A., Illinois and Wisconsin With a Bachelor of Arts in International Relations, Karen Halverson Cross lived for a year in Taipei, Taiwan, where she developed a legal writing program for Baker & McKenzie's Chinese legal staff. As a Harvard Law student, she served as an editor of the Harvard Civil Rights–Civil Liberties Law Review. Thereafter, a Fulbright scholarship took her to Yugoslavia to study economic reform in Eastern Europe. Professor Cross returned to the U.S. to practice with Cleary, Gottlieb, Steen & Hamilton, focusing on international joint ventures, project finance, and various projects with the Russian government. In 1993, Professor Cross worked at Human Rights Watch, where she prepared case files for presentation at the Yugoslav War Crimes Tribunal at The Hague. The U.S. State Department awarded her a summer grant in 1996 to conduct research on Russian methods of dispute resolution at the Institute of State and Law of the Russian Academy of Sciences. Professor Cross also has lived in the People’s Republic of China and Brazil. Professor Cross joined the John Marshall faculty in 1994. She teaches Contracts, Alternative Means of Dispute Resolution, International Commercial Dispute Resolution, and International Business Transactions. Her research focuses on international business and economic law and arbitration. After receiving his baccalaureate and juris doctor degrees, Ronald Domsky was admitted to practice as both a Certified Public Accountant and attorney in the states of Illinois and Wisconsin. He was employed on the audit and tax staff of Coopers and Lybrand and as a supervisor in the tax department of Alexander Grant and Company. Professor Domsky joined John Marshall’s part-time faculty in 1962 and, three years later, the full-time faculty. He served as director of the Graduate School’s Taxation Division from 1966 to 1991 and has served as a part-time hearing officer for the City of Chicago, adjudicating tax matters. Professor Domsky also has served as both trustee and treasurer of The John Marshall Law School and MacCormac College. He was Associate Chairman of the Lawyers’ Division of the Jewish United Fund of Chicago and presently serves as vice president and director of the American Friends of Hebrew University. Professor Domsky teaches Estates and Trusts, Income Taxation, and Taxation of Estates and Trusts. J.D., Northwestern University After receiving her graduate degrees, Associate Dean Linda Crane was a strategic issues analyst for International Harvester and practiced with the firm Hill, Hubbard, Cole & Couch. Later, she was a stockbroker at Merrill Lynch and a vice president at Bear, Stearns & Co. She was a named partner with the Chicago law firm of Boyd & Crane from 1987 until 1999. Dean Crane has held leadership posts with several organizations, including Midwest People of Color Legal Scholarship Conference, the 1st National Meeting of the Six Regional People of Color Conferences, the Central States Law Schools Association, the Law Schools Administration Council, and the Association of American Law Schools Audit and Investment Committee. She has been president of the board of the Cabrini Green Tutoring Program; she currently serves on the Chicago State University Foundation Board and the board of MacCormac College, and she was recently elected to the board of the Greater Chicago Food Depository. Dean Crane is a frequent speaker on the subjects of mortgage lending discrimination, legal education, and affirmative action. She joined the John Marshall faculty in 1989 and was named associate dean for faculty development in 2004. She teaches Property Law, Commercial Law, and Federal Securities Regulation. Click for Table of Contents J.D., University of Wisconsin THE 43 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty William K. Ford John D. Gorby Visiting Professor B.A., California State University, Fullerton M.A., C.Phil., University of California, Santa Barbara Assistant Professor and Associate Director, Lawyering Skills J.D., University of Michigan B.A., University of Chicago M.A., University of Chicago After receiving his undergraduate degree, William Ford was a summer intern at the U.S. Supreme Court in the Office of Administrative Assistance to the Chief Justice. He was a research assistant and teaching assistant in the Political Science department at UC Santa Barbara from 1998–2000. During law school, in addition to receiving numerous awards and honors, he was symposium editor for the University of Chicago Legal Forum and edited the “Twenty-First Annual National Student Federalist Society Symposium on Law and Public Policy” for the Fall 2002 issue of the Harvard Journal of Law and Public Policy. After receiving his law degree in 2003, Professor Ford worked for the Los Angeles firm Irell & Manella and then returned to the University of Chicago Law School as a Bigelow Teaching Fellow and Lecturer in Law. His article, “Judging Expertise in Copyright Law,” is forthcoming in the Journal of Intellectual Property, and he co-authored “The Phantom Philosophy? An Empirical Investigation of Legal Interpretation,” also forthcoming in the Maryland Law Review. For the 2006–2007 academic year, Professor Ford will teach Federal Courts and Unfair Competition. Click for Professor A.B., Knox College The law’s ability to apply principled methods of using state power to resolve human disputes in a fair, thoughtful, and honest manner motivated John Gorby to pursue a legal career. His interest in the role of power and injustice led him, after law school, to a German Exchange Fellowship and an assistantship with Professor Herman Mosler, a judge on the European Court of Human Rights and, later, Permanent Judge on the International Court of Justice. Thereafter, Professor Gorby served as first assistant state’s attorney for McHenry County, as public defender of McDonough County, as legal director of the AUL Legal Defense Fund, and as an environmental lawyer. In choosing to teach the law, Professor Gorby saw an opportunity to convey to future lawyers his love and passion for principled legal solution. Professor Gorby joined the faculty in 1974. He teaches Counseling and Negotiating, Scientific Evidence, and Philosophy of Law. J.D., Order of the Coif, University of Chicago Law School Table of Contents Sonia Bychkov Green J.D., University of Chicago Law School Professor Green was previously Assistant Professor of Legal Research and Writing at IIT/Chicago–Kent College of Law, where she taught legal writing, conflicts of law, and international law. She also has taught legal writing as an adjunct instructor at Loyola University of Chicago School of Law. After graduating from the University of Chicago Law School, Professor Green practiced in insurance and commercial litigation with McCullough, Campbell & Lane, and Bates Meckler Bulger & Tilson. Professor Green, who emigrated from Russia to the United States as a young girl, received a Bachelor’s degree in Political Science and a Master’s degree in International Relations from the University of Chicago. She also was a Ford Foundation Scholarship recipient during her law school career. She used the scholarship for summer study at The Hague Academy of International Law. She has examined how legislatures and courts create and define laws about language use and is now researching bilingualism and English-only laws in the United States. Professor Green joined the faculty in 2001. In addition to her Lawyering Skills courses, she teaches Conflict of Laws. THE 44 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Ardath Hamann Celeste M. Hammond Associate Professor Michael Gerald Heyman Professor and Director, Graduate Program in Real Estate Law Professor B.S., Purdue University J.D., College of William and Mary B.S., cum laude, Loyola University M.A., University of Wisconsin LL.M., The John Marshall Law School J.D., University of Chicago Law School J.D., George Washington University Professor Hamann has been actively involved with John Marshall's nationally recognized moot court program for more than 20 years. As director of Moot Court, she advises the Moot Court Executive Board and Moot Court Council. She also supervises the Fred F. Herzog Moot Court Competition, teaches an advanced advocacy seminar for team members, and coaches moot court teams. Professor Hamann's area of specialization is antitrust law. For six years after graduation from law school, she was a member of the Antitrust Division of the Illinois Attorney General's Office, litigating criminal, civil penalty, and civil treble damage actions in both state and federal courts. In recent years Professor Hamann has presented papers on current developments in United States antitrust law at conferences in Prague and Brno in the Czech Republic. She also has conducted training workshops on legal drafting for the U.S. Department of Housing and Urban Development. Professor Hamann’s major outside interest is counseling charitable organizations. She has advised and served on the boards of a number of religious and educational institutions. Professor Hamann joined the faculty in 1984. She teaches Antitrust, Corporations, Estates and Trusts, and Lawyering Skills. Professor Hammond practiced law in Chicago for eight years before joining the John Marshall faculty. She was a leader in creating the Center for Real Estate Law in 1995. Professor Hammond is active in the American College of Real Estate Lawyers, Lambda Alpha International Land Economics Society, and Commercial Real Estate Executive Women, and has chaired several subcommittees of the ABA Section on Real Property Probate and Trust Law. She is a fellow of the American Bar Foundation. Professor Hammond helped establish the Section on Post-Graduate Legal Education of the Association of American Law Schools (AALS); most recently she helped establish an AALS Section on Real Estate Transactions and served as its first chairperson in 2004. She has published extensively on an array of topics, her comments are solicited by the news media, and she is a frequent speaker at programs and conferences. She is one of the authors of Modern Real Estate Finance and Land Transfer—A Transactional Approach (3rd ed.). She co-authored “Real Estate Auctions— Legal Concerns for an Increasingly Preferred Method of Selling Real Property” in the Real Property Probate & Trust Law Journal (2006). Professor Hammond joined the faculty in 1976. She teaches Property, Alternative Dispute Resolution in Real Estate, Real Estate Finance, and Real Estate Transactions. LL.M., New York University Click for Table of Contents B.A., Temple University Before coming to John Marshall, Professor Heyman was a judicial clerk for two judges and was in private practice for several years. He was a founding member of the AALS Section on Immigration Law and served as both chair and newsletter editor of the section for several years. He serves as contributing editor of the Preview of United States Supreme Court Cases for immigration law and publishes widely on immigration topics. His latest article, “Domestic Violence and Asylum: Toward A Working Model of Affirmative State Obligations,” appears in the International Journal of Refugee Law (2005). Professor Heyman served as national director of Law Teachers for Legalization during the amnesty program and spearheaded a project with the Federal Bar Association to help as many as 175,000 area residents become citizens. He founded the Immigration Law Clinic at John Marshall and serves as its director. Professor Heyman joined the faculty in 1976. He teaches Criminal Law, Immigration Law, and Legislation and Political Thought. THE 45 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Alicia Hilton Joanne Simboli Hodge Kevin L. Hopkins Visiting Professor Clinical Professor of Legal Writing Associate Professor B.A., University of California at Berkeley B.A., Swarthmore College B.A., University of Delaware J.D., Northwestern University M.A., Duke University J.D., University of Chicago Law School After law school, Joanne Simboli Hodge clerked for the Honorable Luther Swygert on the Seventh Circuit Court of Appeals. From 1986–1998, she was an assistant corporation counsel with the City of Chicago Law Department, working in the Appeals Division (1986–89), the Labor and Personnel Division (1989–93), and the Labor Division (1993–97). Professor Hodge then spent a year and a half as an Administrative Law Judge with the Illinois Human Rights Commission. From 2000–2003, she was an associate with Chicago-based firm Neal Murdock & LeRoy, where she litigated, consulted, and mediated on employment and labor matters. Immediately prior to coming to John Marshall, Professor Hodge was a writing specialist at the DePaul University College of Law, where she created a Writers’ Workshop for 1Ls, taught legal writing, and supervised the teaching assistants in the writing center. She came to John Marshall as a visiting professor in 2004 and joined the full-time faculty in 2006. She teaches Lawyering Skills and Contracts II. Before enrolling in law school, Alicia Hilton was an FBI Special Agent. She graduated from the FBI Academy at Quantico, Virginia, and served as a member of a foreign counterintelligence squad. She was also a primary undercover agent in two long-term criminal cases, posing as a drug dealer with ties to organized crime. After graduating from the University of Chicago Law School, Professor Hilton was a litigator with the New York firms Chadbourne & Parke and Shearman & Sterling. Most recently, she has worked as a consultant and lecturer on criminal justice-related matters. Her legal scholarship draws on her background in law enforcement and her experience as an art dealer. Professor Hilton’s current scholarship interests include ethical standards for undercover agents, Title III electronic surveillance minimization requirements, and forfeiture of artifacts to compensate victims of terrorist attacks. For the 2006–2007 academic year, Professor Hilton will teach Criminal Procedure and offer seminars on Undercover Operations and Informant Management Law and on Cultural Property and Museum Law. Click for Table of Contents J.D., College of William and Mary After graduating from law school, Kevin Hopkins joined the law firm of Woodward, Hobson & Fulton in Louisville, Kentucky, where he practiced in the areas of tort law, corporate defense, and civil litigation. He has taught at Widener University School of Law (1991–1996) and has been a visiting professor at John Marshall Law School, Atlanta, Georgia (2004), Rutgers University School of Law – Camden, New Jersey (2000), Seattle University School of Law (Summer 1999), East China University of Politics & Law, Shanghai, China (Summer 2002) and the State Intellectual Property Office, Beijing, China (Summer 2001). He has received the Best Professor Award and the Georgetown University Law Center’s W.M. Keck Award in Legal Ethics for his essay, “Law Firms, Technology, and the Double-Billing Dilemma.” His scholarship has been published in several law journals, including the Georgetown Law Journal, the Georgetown Journal of Legal Ethics, the Virginia Journal of Social Policy & the Law, the Boston College Third World Law Journal and the New York University Review of Law & Social Change. He researches and writes in the areas of privacy law, legal ethics, and race. In 2004, Professor Hopkins was appointed director of The John Marshall Law School Asian Alliance (the law school’s foreign programs in China and Asia). He joined the faculty in 1996. He teaches Torts. THE 46 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Cecil J. Hunt II John Dwight Ingram Robert Gilbert Johnston Associate Professor Professor Professor A.B., Harvard University A.B., Harvard University J.D., University of Chicago Law School J.D., Boston College Law School C.L.U., American College of Life Underwriters After law school, where he was an editor of the Third World Law Journal, Cecil Hunt worked in private practice in the Boston area for eight years, specializing in real estate and banking law. He was an assistant professor at the University of Puget Sound Law School from 1988–1991 and an associate professor at Touro Law School from 1991–1997. He was a visiting associate professor at Suffolk University Law School during the 1997–1998 academic year and then joined the faculty as an associate professor the following year. From 1998–2004, Professor Hunt taught courses in Property, Banking Law, Lending Discrimination, and Race and the Law, as well as founding and directing a summer law school preparatory program aimed at minority and other nontraditional entering first-year students. He also directed a four-week residential summer program sponsored by the Council on Legal Education Opportunity. Active as a faculty adviser and moot court team coach, Professor Hunt has received many teaching honors. In addition to his community service work and membership in various bar associations, he is a frequent speaker and presenter at programs and conferences, often appears on television, and has hosted a weekly live radio show on legal issues. Professor Hunt joined the John Marshall faculty in 2004. He teaches Property and Secured Transactions. J.D., The John Marshall Law School Click for Table of Contents After two years of service in the U.S. Army, John Ingram joined the insurance agency of Griffin, Ingram and Pfaff, eventually serving as its president. After graduating from law school, he practiced for more than seven years with the firm of Simon and Ingram, specializing in insurance litigation. From 1973 to 1994, he taught a seminar in constitutional law for high school seniors at the North Shore Country Day School in Winnetka, Illinois. Professor Ingram has often served as an expert witness, consultant, or arbitrator in cases involving questions of insurance law. He publishes extensively, most recently in the Buffalo Intellectual Property Law Review, University of Miami Business Law Review, Oklahoma City Law Review, Penn State International Law Review, and Tort Trial and Insurance Practice Law Journal. He also is a frequent speaker at bar association meetings on insurance law. Professor Ingram joined the faculty in 1966. He teaches Agency and Unincorporated Business Entities, and Insurance Law. The son of Scottish immigrants, Robert Gilbert Johnston was raised in Hawaii on a sugar plantation. He first joined John Marshall as an adjunct professor in 1963. He became a fulltime professor in 1965. He returned to Hawaii in 1969 and spent two years as executive director of Hawaii Legal Services, after which he entered private practice, principally representing institutionalized persons and community groups, and private social service agencies, including American Friends Service Committee, Hawaii Association of Retarded Citizens, Hawaii League of Women Voters, and Queen Liliuokalani Children’s Center. Since returning to Chicago and rejoining the John Marshall faculty in 1975, Professor Johnston’s activities have included reporter for numerous Illinois Judicial Conferences and vice chair of the Jefferson Inn of the American Inns of Court in 1993. He is also active in bar activities in both Illinois and Hawaii. He was associate dean for academic affairs from 1988 to 1994, and on behalf of the law school visited China and the Czech Republic, where he lectured extensively, as well as Lithuania and Ireland. He has appeared before Illinois and Hawaii state and federal courts, and the U.S. Supreme Court. Professor Johnston was appointed dean in 1995 and served until retiring from that post in 2003. He teaches Civil Procedure II and Professional Responsibility. THE 47 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Allen Kamp Kenneth Kandaras Diane S. Kaplan Professor Professor Associate Professor B.A., University of California–Berkeley B.S., Southern Illinois University M.A., University of California–Irvine J.D., DePaul University A.B., with highest honors, University of California–Berkeley, Phi Beta Kappa J.D., Yale University J.D., The University of Chicago Prior to joining the John Marshall faculty, Professor Kandaras was a staff attorney for the Cook County Legal Assistance Foundation, Inc., and an adjunct professor at IIT/Chicago–Kent College of Law. His published works include Discovery in Illinois: Federal and Illinois Practice. Professor Kandaras served as the professorreporter for the Illinois Supreme Court SubCommittee on the Selection and Administration of Juries. He also has served as professorreporter to several Illinois Judicial Conference committees dealing with issues of civil procedure and tort law. In the past several summers, Professor Kandaras has co-directed (with Chief Justice Liam Hamilton of the Supreme Court of Ireland) intensive training courses in Dublin, Ireland, on comparative trial advocacy and transnational legal negotiations. He is John Marshall’s representative to the Chicago Inn of Court and a former member of the Jefferson Inn of Court. Professor Kandaras joined the faculty in 1976. He directs the Advocacy program and teaches Civil Procedure I and II, Conflict of Laws, Federal Courts, Illinois Civil Procedure, Trial Advocacy, and Torts. Professor Kamp holds a bachelor’s and a master’s degree in English. After graduating from law school, he practiced with Vedder, Price, Kaufman and Kammholz and with the Legal Assistance Foundation of Chicago. He began his teaching career at Capital University Law School in Columbus, Ohio, and has been a member of the John Marshall faculty for more than 20 years. Professor Kamp has served as advisor to the Client Counseling team, the Negotiation team, the Mediations team, and the Frederick Douglass Moot Court Competition team. His legal writings have considered the history of the Uniform Commercial Code. He recently published “The Missing Jurisprudence of Merit” in the Boston University Public Interest Law Journal, and is co-author of Secured Transactions and Payment Systems, Problems and Answers. Professor Kamp joined the faculty in 1981. He teaches Civil Procedure, Commercial Law, Contracts II, and Lawyering Skills. Click for Table of Contents Diane Kaplan was an editor of the Yale Law Journal during law school. After graduation, she clerked for the Honorable Hubert L. Will of the U.S. District Court for the Northern District of Illinois and practiced at the Chicago law firm of Mayer, Brown & Platt. Her litigation experience includes state and federal commercial, criminal, Native American, health, mental health, and juvenile law. Professor Kaplan is a member of numerous bar and professional associations including the Illinois State Bar, the State Bar of California, the District of Columbia Bar, the Federal Trial Bar for the Northern District of Illinois, and the American Bar Association. In 1996, she was invited to teach Corporations and Civil Procedure as a visiting professor at Boston University School of Law. In 1999, 2004, and 2006, she presented papers on family law topics at Oxford University in England. In the summer of 2005, she taught law in Beijing, China. She has published in the areas of health, mental health, Illinois and federal procedure, juvenile, and corporate law. Professor Kaplan joined the faculty in 1983. She teaches Children in the Legal System, Civil Procedure I, and Corporations. THE 48 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Walter J. Kendall III Kathryn J. Kennedy Professor B.A., Brooklyn College J.D., St. John’s University During law school, Walter Kendall was an associate editor of the St. John’s Law Review and the Catholic Lawyer. After graduation, he served as a trial attorney at the Federal Power Commission, as house counsel at Baxter Laboratories, and as assistant to the director of the Illinois Department of Public Aid. He has been an advisor to many community groups, including the Institute for Community Empowerment and the organization Interfaith Worker Justice. He has served as chair of Access Living (an advocacy group for people with disabilities), as co-chair of Illinois Peace Action, and as a member of the Cook County Commission on Human Rights. Currently, he is on the boards of Access Living, Illinois Citizen Action and the Illinois Chapter of the American Association of University Professors. Professor Kendall is past chair of the ISBA’s Administrative Law Section Council, and he has served as an arbitrator for the National Futures Association. Professor Kendall has lectured at universities in Beijing, Hangzhou, Shanghai, and Taipei. He has been elected to his local school board and as a committeeman of the Cook County Democratic Party. Professor Kendall joined the faculty in 1975. He teaches Administrative Law, Constitutional Law, Economics and the Law, Public International Law, and Disability Law. Click for Table of Contents Kevin J. Kijewski Professor and Director of the Graduate Program in Employee Benefits and the Graduate Program in Taxation Visiting Clinical Professor B.S., with honors, Drake University J.D., The John Marshall Law School J.D., summa cum laude, Northwestern University, Order of the Coif F.S.A., Society of Actuaries Kathryn Kennedy completed her pension actuarial training while associated with CNA Insurance Company and the consulting firm of Towers Perrin. After law school, she practiced with McDermott, Will and Emery, and later entered private practice. Since joining the John Marshall faculty in 1996, Professor Kennedy has expanded the employee benefits curriculum and developed the LL.M. and M.S. programs in employee benefits, the first and only programs in the nation. She has testified before the Senate Finance Committee numerous times and most recently before the Presidential Panel for the Simplification of the Tax Code. She is a member of the Department of Labor’s ERISA Advisory Board as the sole representative of the general public.and was invited to participate in the 2006 SAVER Summit. She is the primary faculty adviser for the John Marshall Law Review. Professor Kennedy teaches Employee Benefits Law and Elder Law at the J.D. level and several of the advanced employee benefit courses at the LL.M. and M.S. levels. Her textbook on employee benefits law, designed for LL.M. programs, will be published in fall 2006. B.A., University of Illinois at UrbanaChampaign While in law school at John Marshall, Kevin Kijewski was a student-attorney in the Fair Housing Legal Clinic for three semesters. This clinical experience helped form his interest in civil rights and fair housing law. After law school, Professor Kijewski took a position as staff attorney for the Fair Housing Council in Louisville, Kentucky, where he litigated housing discrimination, public school desegregation, and insurance redlining cases. After five years in Kentucky, he accepted a position as a trial attorney with the U.S. Department of Justice in Washington, D.C. At Main Justice, Professor Kijewski worked in the Housing and Civil Enforcement Section of the Civil Rights Division prosecuting racial, disability, national origin, and familial status civil rights matters. In 2001, he was detailed as a Special Assistant United States Attorney to the Office of the U.S. Attorney for the District of Columbia in the Sex Offense and Domestic Violence Section. He returned to the Housing and Civil Enforcement Section at Main Justice in 2002, receiving a Meritorious Award in 2003 and a Special Achievement Award in 2004. Professor Kijewski is on leave from the Justice Department and is a visiting clinical professor in the Fair Housing Clinic for the 2006–2007 academic year. THE 49 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Maureen Straub Kordesh Rogelio A. Lasso Paul B. Lewis Associate Professor Professor B.A., Kalamazoo College B.S., magna cum laude, Mankato State University Professor and Director, Graduate Program in International Business & Trade Law J.D., Indiana University–Bloomington J.D., University of Minnesota School of Law B.A., with highest distinction, Northwestern University During law school, Maureen Straub Kordesh was a member of the Indiana Law Journal. After graduation, she represented the Commonwealth of Pennsylvania Department of General Services. In 1991 she joined the faculty at Widener University School of Law, where she directed the writing program and taught legal writing, property, and land-use planning. One of her articles, published in the Harvard Environmental Law Review, was a finalist for best land use planning article of 1996. She has led workshops on drafting for HUD housing discrimination investigators and has written articles and made numerous presentations to legal professionals on the practical and pedagogical issues of legal writing, lawyering skills, and the bar exam. She has made presentations on pedagogy to law schools internationally, and has designed Street-Lawstyle curricula for elementary and junior-high students. Professor Kordesh is a former president of the Association of Legal Writing Directors and board member of the Legal Writing Institute. She has served as an assistant editor for the Journal of the Legal Writing Institute and a reviewer for the Multistate Performance Test. Professor Kordesh joined the John Marshall faculty in 1996 and directed the Lawyering Skills Program from 1996–2004. She teaches Lawyering Skills and Property. Professor Lasso came to John Marshall as a visiting professor in 2004, and became a fulltime member of the faculty in 2005. Previously, Professor Lasso taught at the University of Missouri at Kansas City for two years and at Washburn University School of Law from 1991–2003. From 1985 to 1991, he was in private practice in two Chicago law firms where he litigated cases ranging from medical malpractice and products liability to breach of contract and patent infringement. Before enrolling in law school, Professor Lasso, with a background in chemistry, worked as a research scientist for Pillsbury, as an entrepreneur, and as a consultant for American companies in Latin America. His book, Products Liability and Safety: an American and Comparative Approach, has been accepted for publication, and his most recent journal article was “Some Potential Casualties of Moving Beyond the Black/White Paradigm to Build Racial Coalitions,” published in the fall of 2005 in the Washington and Lee Race and Ethnic Ancestry Law Journal. A frequent speaker at conferences, often on the topic of technology and affirmative action, Professor Lasso is a member of various bar associations and legal organizations. He teaches Torts, Products Liability, and Complex Litigation. M.A., Indiana University–Bloomington Click for Table of Contents J.D., Yale Law School As a student at the Yale Law School, Paul Lewis served as senior editor of the Yale Law Journal and editor of the Yale Journal of Law and Humanities. After graduation, he served as law clerk to the Honorable David A. Nelson of the U.S. Court of Appeals for the Sixth Circuit and was an associate with the firm of Mayer, Brown & Platt in Chicago. From 1996–2001, he was on the faculty of Mercer University School of Law, and in 1999 he was a visiting professor at the University of Western Sydney in Sydney, Australia. His primary research area is corporate bankruptcy. His articles have appeared most recently in the Insolvency Law Bulletin, Bankruptcy Developments Journal, the Utah Law Review, New Directions in Bankruptcy, and the Florida Law Review, and he has regularly provided media commentary on significant corporate bankruptcy issues. Professor Lewis was a visiting professor at John Marshall during the 2001–2002 academic year and joined the faculty permanently in 2002. He teaches Bankruptcy, Secured Transactions, and Property. THE 50 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Molly Warner Lien Doris Estelle Long Ann M. Lousin Professor and Director, Lawyering Skills Program Professor Professor B.A. summa cum laude, Ithaca College B.A., Grinnell College B.M., University of Miami J.D., cum laude, Cornell University J.D., University of Chicago Law School Professor Long is a frequent lecturer in the areas of intellectual property law, e-commerce, culture, and technology, and has presented papers at conferences in such diverse places as Cuba, China, Russia, the Dominican Republic, Peru, Nepal, Brazil, Senegal, Thailand, Taiwan, Poland, the Ukraine, Moldova, and Guinea. She serves as a frequent consultant for the U.S. State Department and the U.S. Department of Commerce and has worked with government agencies from diverse countries on the creation of TRIPS-compliant legislation and enforcement mechanisms. Professor Long served as a Fulbright Professor at Jiao Tung University in Shanghai in 1998. In 2000, she was on leave from John Marshall and served as an attorney advisor in the Office of Legislative and International Affairs of the U.S. Patent and Trademark Office. She is the author of numerous books and articles, including Coursebook in International Intellectual Property and the textbook Contracts Law and Practice: Cases and Materials. Professor Long was an attorney for more than 14 years with the Washington, D.C., law firms of Arent Fox Kintner Plotkin & Kahn, and Howrey and Simon. She joined the John Marshall faculty in 1994. She teaches International Intellectual Property Law, Trademarks and Copyrights, and Unfair Competition and Trade Regulation. In 2004, she was named chair of the Intellectual Property, Information Technology & Privacy Group. Between college and law school, Ann Lousin studied political science at the University of Heidelberg in Germany. After graduating from law school in 1968, she was a research assistant at the Sixth Illinois Constitutional Convention, where she worked on the drafting of the 1970 Illinois constitution. From 1971 to 1975, she was on the staff of the Speaker of the Illinois House of Representatives, including two years as Parliamentarian of the House. She has served on several not-for-profit boards and governmental commissions, including a term as chairman of the Illinois State Civil Service Commission. She is active in the commercial law committees of the American and Chicago Bar Associations, and has been the chair of the CBA Constitutional Law Committee. She has been a leader in other legal organizations, including service as chair of the Board of Governors of the Armenian Bar Association from 1995 to 1998. She lectures and consults on the Illinois Constitution, general public law issues, and commercial law in the U.S. and abroad. Professor Lousin joined the faculty in 1975. She teaches Sales Transactions and Secured Transactions. J.D., Emory University School of Law, Order of the Coif After graduating with honors from Emory Law School, where she was articles editor of the Law Review, Molly Lien clerked for the Honorable Wilbur F. Pell Jr. on the United States Court of Appeals for the Seventh Circuit. She spent ten years in private practice, served as a Bigelow Fellow at the University of Chicago Law School, and in 1986 joined the faculty at IIT/ChicagoKent College of Law, where she directed the legal writing program from 1993–2001 and taught a wide variety of courses. Professor Lien is trained in technical legal Russian and has taught frequently in Russia, devoting her summers from 2000–2004 teaching in the University of San Diego’s summer program in Moscow. From 1999–2001, she directed Project Ukraine, administering a U.S. Department of State grant to assist the University of Internal Affairs in Kharkiv, Ukraine. Professor Lien is active in professional associations and has published on legal research and writing, as well as on civil procedure, international law, and Russian legal matters. She was a visiting consultant on legal skills at the National University of Singapore in 2001–2002. She is also the corporate secretary of the Association of Legal Writing Directors. Professor Lien teaches Lawyering Skills, Civil Procedure I and II, International Law, International Trade, and Comparative Law. Click for Table of Contents THE 51 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Tayyab Mahmud Patricia Mell Professor and Chair, Global Perspectives Group Professor B.A., University of the Punjab J.D., Case Western Reserve University Law School A.B., with honors, Wellesley College M.Sc., University of Islamabad Ph.D., University of Hawaii Patricia Mell served The John Marshall Law School as its eleventh dean from 2003 to 2005. She was the first woman and first African American to hold this position at the law school. Prior to coming to John Marshall, she was an assistant attorney general in Ohio and in 1983 was corporation counsel for the Ohio secretary of state’s office. She began her teaching career in 1984 and served on several law school faculties, also serving as the associate dean for academic affairs at Michigan State University–Detroit College of Law. Professor Mell’s areas of expertise include criminal law, the legal aspects of e-commerce, corporations, agency, and partnership. She also has an interest in computers and privacy, and her article on national security under the USA Patriot Act appeared recently in the Denver Law Review. Professor Mell has won numerous awards, including being named one of the 100 Most Influential Women in Chicago by Crain’s Business Magazine in 2004. Her co-authored textbook on criminal law is being published by Carolina Academic Press. She is currently the editor of the ABA Criminal Justice Section’s publication on sentencing, and participated in the Oxford Round Table on women and leadership at Oxford University in England in 2006. Dean Mell returned to the faculty in 2005 to pursue her scholarly interests. J.D., University of California, Hastings College of the Law Before enrolling in law school, Professor Mahmud taught political science and international relations at various universities in Pakistan and the United States. At Hastings College of the Law he was an editor of the Hastings International and Comparative Law Review. Before joining the faculty of ClevelandMarshall College of Law in 1989, he practiced complex litigation with the San Francisco-based firm Pettit & Martin. He was a visiting scholar at Harvard Law School in 1997–1998, and a visiting professor at Seattle University School of Law in 2003–2004. Professor Mahmud serves on the editorial boards of several legal journals, is the co-president of the Society of American Law Teachers (SALT), and a member of the Board of Directors of Latina/o Critical Legal Studies (LatCrit). He has published extensively in the areas of comparative law, human rights, legal history, and legal theory. Professor Mahmud joined the John Marshall faculty in 2004. He teaches Global Legal Studies, Contracts I and II, International Law, Legal History, and Philosophy of Law. Click for Table of Contents William B.T. Mock Professor and Associate Dean for Academic Affairs B.A., Haverford College Graduate Studies, Shakespeare Institute, University of Birmingham (England) J.D., Georgetown University Prior to joining John Marshall’s faculty in 1983, Dean William Mock practiced international trade, antitrust, and securities law in Washington, D.C., and served with Baker & McKenzie as one of the nation’s first in-firm legal educators. At The John Marshall Law School, he founded, and for nine years directed, the Center for International Business and Trade Law (then called the Center for International and Comparative Studies), as well as two LL.M. programs—the LL.M. in Global Legal Studies and the LL.M. in International Business and Trade Law. Dean Mock was a co-founder of the Journal of Computer and Information Law and has served as an advisor to the Jessup and Niagara moot court teams and the International Law Society. Among his overseas responsibilities are aspects of John Marshall’s relationships with law faculties in China, Italy, and Lithuania. Dean Mock is a securities and commodities arbitrator and publishes in the fields of information law, transparency, and international law. He has lectured in Belarus, China, the Czech Republic, Lithuania, and Poland. Dean Mock also has served as the scholar-in-residence at the law faculty of the University of Cagliari, Italy. THE 52 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Francis D. Morrissey Robert Jay Nye Samuel R. Olken Distinguished Visiting Professor Professor Professor A.B., St. Mary of the Lake University A.B., University of Chicago S.T.B., St. Mary of the Lake University J.D., cum laude, DePaul University A.B., magna cum laude, Harvard University J.D., Loyola University LL.M., New York University J.D., Emory University Francis Morrissey received the St. Thomas More Award and the Medal of Excellence from Loyola University, where he was a Kirkland Scholar and the law review editor. As a partner in Baker & McKenzie from 1962–1995, he prosecuted more than 500 civil appeals and chaired firm management committees both nationally and internationally. He served as President of the Illinois Board of Bar Examiners, the National Conference of Bar Examiners, and the Illinois Appellate Lawyers Association. A former member of the ABA House of Delegates, Professor Morrissey served on the Council of the Section of Legal Education and on the Board of Managers of the Chicago Bar Association, and was elected to the American College of Trial Lawyers and the American Academy of Appellate Lawyers. He served as editor of the CBA Record and the ABA’s Brief, and he originated the Multistate Professional Responsibility Examination. Minority Legal Education Resources honored him for his work on behalf of minority applicants for the Bar. He is a Fellow of the American Bar Foundation. Professor Morrissey joined the faculty in 1995. He teaches Professional Responsibility. Early in his career, Robert Nye served as a research fellow at the Institute of Judicial Administration in New York City and as a W.W. Cook Fellow at the University of Michigan School of Law. He also was a trial and appellate attorney with the U.S. Department of Labor in New England and Washington, D.C., and senior law clerk in the U.S. District Court for the Northern District of Illinois. Professor Nye was in private practice before joining the John Marshall faculty. He has given lectures in the People’s Republic of China and the Czech Republic and developed affiliations in Moscow as program director of John Marshall’s Moscowand-Chicago training program for Russian legal professionals. Professor Nye was the inaugural faculty exchange visitor in the John Marshall–Murdoch University School of Law (Perth, Australia) exchange program. He has chaired the CBA Committee on Science and Technology and the ISBA Committee on Legal Education, and has served the Illinois Judicial Conference in the areas of chancery and miscellaneous remedies, probate, and family law. Professor Nye joined the faculty in 1962. He teaches Agency and Partnership, Business Franchise Law (3 courses), Contracts I and II, Illinois Civil Procedure, and Remedies. Prior to joining the John Marshall faculty, Professor Olken practiced business law with a small Boston law firm. He also served as a litigation associate with large firms in Los Angeles and New Jersey. Professor Olken’s primary research interests are constitutional history and judicial biography. He has written articles about Chief Justices John Marshall and Charles Evans Hughes, and most recently, Associate Justice George Sutherland. In addition, Professor Olken has written extensively about the New Deal Court, nineteenth- and early twentieth-century economic regulation, judicial review, and the First Amendment. In 1991, the Supreme Court Historical Society awarded him its prestigious Hughes-Gossett Prize for outstanding historical scholarship. Professor Olken was the chair of the “Symposium on Chief Justice John Marshall and the United States Supreme Court: 1801-1835,” hosted April 2000 by the law school. He was chair of the fall 2003 symposium, “Marbury v. Madison and Judicial Review: Legitimacy, Tyranny, and Democracy.” Professor Olken joined the faculty in 1989. He teaches American Legal History, Constitutional Law I and II, and Lawyering Skills. Click for Table of Contents THE 53 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Timothy P. O’Neill J. Damian Ortiz Randall T. Peterson Professor Clinical Professor Associate Professor A.B., Harvard University B.S., Loyola University of Chicago J.D., University of Michigan J.D., LL.M., The John Marshall Law School B.A., Brigham Young University M.L.S., Brigham Young University J.D., University of Utah Prior to joining the John Marshall faculty, Tim O’Neill was an assistant public defender with the Cook County Public Defender’s Office. His scholarship was instrumental in Illinois’ decision to adopt a system of degrees of murder in 1987. In 1989, the Illinois Supreme Court appointed Professor O’Neill to the position of reporter to the Committee on Pattern Jury Instructions in Criminal Cases; during the 11 years he served in that position he helped produce both the third and fourth editions. He co-authored (along with Professor Susan L. Brody) the revision to the Illinois Supreme Court Rules that first mandated the use of standards of review in all appellate briefs. His law review and journal articles have been cited in more than 30 Illinois Supreme Court and Appellate Court decisions. Professor O’Neill’s op-ed articles on national legal issues have appeared in the New York Times and the Chicago Tribune. Since 1994, he has written a by-lined monthly column on criminal law issues for the Chicago Daily Law Bulletin. Chicago Lawyer magazine recently included him on its list of “10 of the Best Law Professors in Illinois.” Professor O’Neill joined the faculty in 1982. He teaches Criminal Procedure I and II. Click for Table of Contents Damian Ortiz, a double alumnus, is a professor of fair housing law at The John Marshall Law School Fair Housing Legal Clinic, where he supervises law student interns in handling housing discrimination cases. Professor Ortiz lectures locally and nationally about fair housing laws and related issues. Over the past several years, he has participated in training investigators with the U.S. Department of Housing and Urban Development. He also supervises the Fair Housing Legal Clinic’s outreach program, where he and his students travel to Chicago area community groups and civil rights organizations to assist with fair housing discrimination claims. His community activities include serving on the boards of nonprofit housing organizations, participating in local housing events, lecturing on tenant rights, home buyer rights, and lending rights, and attending national forums on anti-discrimination housing policies that help raise the level of awareness of housing and related discrimination issues. Professor Ortiz recently argued a case in the Illinois Court of Appeals involving discrimination based on a person’s source of income. He argued that Section 8, a federal housing assistance program, is covered under the City of Chicago’s Housing Ordinance as a lawful source of income. Randy Peterson helped establish the J. Reuben Clark Law School at Brigham Young University before coming to The John Marshall Law School in 1977. He served as director of library services at John Marshall for 13 years, expanding the library to its present five floors. He also supervised the merger of the Chicago Bar Association’s library into The John Marshall Law School library in 1990. Professor Peterson began teaching full time at John Marshall in 1990. He currently teaches Alternative Means of Dispute Resolution, Counseling and Negotiation, and Remedies. He has coached numerous client counseling teams and negotiation teams. He directed John Marshall’s hosting of the 1999 International Client Counseling Competition. In recent years, Professor Peterson has regularly judged both the International Negotiation Competition and the International Client Counseling Competition in various locations, such as Bristol, England; Glasgow, Scotland; Dunedin, New Zealand; Calgary, Canada; and Durban, South Africa. Professor Peterson is a member of several AALS and ABA sections. He has taught law library courses at Dominican University. Professor Peterson’s community service includes a variety of church leadership activities and service on the executive board of the Three Fires Council of the Boy Scouts of America. THE 54 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Michael J. Polelle Ralph Ruebner John H. Scheid Professor Professor Professor A.B., with honors, Loyola University B.A., University of Illinois J.D., American University, Washington College of Law A.B., Loyola University J.D., Loyola University LL.M., New York University J.D., Harvard University LL.M., with honors, The John Marshall Law School When Professor Ruebner joined the John Marshall faculty in 1981, he brought with him 12 years of experience as an appellate litigator, heading the Elgin and Chicago offices of the State Appellate Defender and representing indigent criminal defendants at all levels of appellate review. He has represented victims of government abuse in a number of countries, including the former Soviet Union and Peru. Professor Ruebner has published articles and presented papers at various international conferences on human rights topics, and has testified before Congress on human rights conditions in Peru. From 2001–2003, he served as legal director of the Law Consortium for Palestinian Legal Education, a Rule of Law Project of U.S. A.I.D. In that capacity, he also visited Palestinian law schools in the West Bank. He has drafted legislation in Illinois, making it the first state to criminalize international terrorism. He is the author of Illinois Criminal Trial Evidence and Illinois Criminal Procedure, and co-author of Illinois Decisions on Search and Seizure. Professor Ruebner has served as a faculty member of the National Academy for Judicial Education and as a reporter of judicial conferences in Illinois. He founded John Marshall’s Criminal Justice Clinic and served as its director for four years, served as Moot Court director for 16 years, and was the law school’s Centennial Planning Committee chairperson. He teaches Criminal Procedure, Evidence, and International Human Rights. Prior to attending Harvard Law School, Michael Polelle studied comparative law and political science for a year on a Fulbright Scholarship at the University of Christian-Albrecht University in Kiel, Germany. He became a civil trial lawyer with Herbert L. Caplan & Associates while earning an LL.M. in general practice from The John Marshall Law School. Subsequently, he has achieved a second LL.M.from John Marshall, in intellectual property. Professor Polelle created and directed an annual Media Law Symposium at the law school for 13 years. He is a professorreporter with the Illinois Judicial Conference as well as a special commissioner for the United States District Court. He is an arbitrator for the Cook County Mandatory Arbitration Program and for the American Arbitration Association, as well as a court-certified mediator. In 1999, he organized a summer comparative law course centered in Parma, Italy. He is the co-author of Illinois Tort Law. Previously at DePaul University College of Law, Professor Polelle joined the John Marshall faculty in 1975. He was appointed director of the Braun Lecture for 2001 and received the 2001 Distinguished Service Award from the law school’s alumni association. He was a lecturer at the 2006 Illinois Appellate Defender Conference. He teaches Evidence, Torts, and Civil Rights. Click for Table of Contents Upon his graduation from law school, John H. Scheid practiced in the offices of Louis G. Davidson and, later, in the offices of Herbert L. Caplan, concentrating in trial and appellate practice. He was a member of John Marshall’s adjunct faculty from 1965–1967, and joined the faculty full time in 1967. He began the law school’s National Moot Court Competition and the intramural moot court program, now known as the Herzog Competition. In 1995, Professor Scheid initiated an exchange program of visiting scholars with Trinity College, Dublin, Ireland. He lectures throughout the year to new lawyers on various aspects of residential real estate transactions, and every other year he travels to Ireland, where he lectures on American medical malpractice law to Irish physicians and barristers at Trinity Law School. He recently participated in an intercontinental (Africa, Europe, America) seminar on current medical malpractice issues. His article, “Down Labyrinthine Ways: A Recording Acts Guide for First Year Law Students,” appeared in the University of Detroit Mercy Law Review in 2002. Professor Scheid teaches Philosophy of Law, Real Estate Transactions, and Torts. THE 55 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty David L. Schwartz Glenn P. Schwartz Justin K. Schwartz Assistant Professor Professor Visiting Professor B.S., with high distinction, University of Illinois at Urbana-Champaign B.A., Shimer College A.B., cum laude, Princeton University J.D., Northwestern University J.D., cum laude, University of Michigan Law School LL.M., The John Marshall Law School M.Phil., with honors, Cambridge University Following law school, where he was a contributing editor to the University of Michigan Law Review, David Schwartz was an associate with the Chicago law firm Jenner & Block, focusing on intellectual property law. Most recently, Professor Schwartz was a partner at Wallenstein & Wagner in Chicago, an intellectual property boutique law firm. As a practitioner, Professor Schwartz focused on the areas of patent, copyright, trademark and trade secrets litigation, patent and trademark prosecution, and intellectual property-related transactions. He is registered to practice before the U.S. Patent and Trademark Office. Professor Schwartz has published articles and spoken at conferences on a wide variety of intellectual property topics. He is an active member of the Intellectual Property Law Association of Chicago and recently served as the chair of its Biotechnology Committee. Recently, Professor Schwartz has been an adjunct professor at the University of Illinois Law School, where he taught advanced patent law. Professor Schwartz joined the John Marshall faculty in 2006. He teaches IP Survey, Patent and Trade Secret Law, Intellectual Property Litigation, and Patent Planning and Drafting. Glenn Schwartz has always appreciated the liberal arts education he received at Shimer College. Among other things, it allows him to assure his students that such a background is not a barrier to succeeding in business-related law courses. After graduating from law school, Professor Schwartz worked for the Chicago law firm of Katz and Friedman, attending John Marshall at night to obtain an LL.M. in Admiralty Law (with a minor in taxation). Thereafter, he spent three years in the Office of the Judge Advocate General of the Navy, handling maritime law claims for and against the Navy. He then practiced with Lord, Bissell and Brook before entering the teaching profession. Professor Schwartz has argued pro bono before the United States Supreme Court and engaged in pro bono activities for the National Association of Anorexia Nervosa and Associated Disorders (ANAD), as well as serving on the Legislative Submissions Subcommittee of the American Bar Association Committee on Taxation. His artice, “How Many Trades Must a Trader Make to Be in the Trading Business?” was the lead article in the Winter 2003 volume of the University of Virginia Tax Review. Professor Schwartz joined the faculty in 1974. He teaches Business Planning, Corporate Tax, Corporations, Federal Income Tax, and Torts. Click for Table of Contents M.A., University of Michigan Ph.D., University of Michigan J.D., Order of the Coif, Ohio State University Moritz College of Law Prior to attending law school, Justin Schwartz taught Philosophy at Kalamazoo College and Ohio State University. While pursuing his J.D. degree, he was articles editor for the Ohio State Law Journal and received numerous honors. After graduating third in his class, Professor Schwartz was a law clerk for the late Hon. Walter J. Cummings and Hon. Ilana Diamond Rovner, both with the U.S. Court of Appeals for the Seventh Circuit. From 1999 through 2002, he was a law clerk for Hon. Elaine E. Bucklo with the U.S. District Court for the Northern District of Illinois. Professor Schwartz has been a litigation associate with the Chicago firms Jones Day and Kirkland & Ellis. He has lectured extensively and published widely, and his article in Legal Studies, “Relativism, Reflective Equilibrium, and Justice,” received the 1999 Berger Prize in Philosophy of Law from the American Philosophical Association. For the 2006–2007 academic year, Professor Schwartz will teach Civil Procedure II and offer a seminar on white-collar crime. THE 56 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Robert G. Schwemm Michael P. Seng Ronald C. Smith Visiting Professor Professor Professor B.A., Amherst College B.A., University of Notre Dame B.S., Loyola University J.D., Harvard University J.D., University of Notre Dame J.D., Loyola University Bob Schwemm is the Ashland Professor of Law at the University of Kentucky College of Law, where he served as acting dean in 1998–99. Prior to joining academia, Professor Schwemm practiced law with Sidley & Austin in Washington, D.C., and was chief trial counsel for the Leadership Council for Metropolitan Open Communities in Chicago. He was vice chair of the Kentucky Commission on Human Rights from 1986 to 1990, and in 1991 he served as a special attorney and scholar in residence with the Civil Rights Division of the U.S. Department of Justice. From 1998 to 2000, Professor Schwemm was a member of the Consumer Advisory Council of the Federal Reserve Board. His litigation experience includes three cases in the U.S. Supreme Court, the most recent of which (Meyer v. Holley) was decided in 2003. Professor Schwemm is the author of a major treatise, Housing Discrimination: Law and Litigation, and has published articles in the Harvard Civil Rights–Civil Liberties Law Review, Iowa Law Review, Notre Dame Law Review, George Washington Law Review, Wisconsin Law Review, and Yale Law & Policy Review. Professor Schwemm, a native of Chicago, will be a visiting professor at John Marshall for the spring 2007 semester, teaching Civil Procedure I and II. Professor Seng is the co-executive director of The John Marshall Law School Fair Housing Legal Support Center and Fair Housing Legal Clinic. He lectures nationally and publishes extensively on fair housing law. Professor Seng also is the coordinator of The John Marshall Law School’s Czech law program. He travels annually to the Czech Republic to teach, and publishes articles, in English and in Czech, in Czech law journals. Prior to joining the John Marshall faculty, Professor Seng served as a judicial law clerk, was in private practice, and directed the legal services office in Cairo, Illinois. Professor Seng served as a Fulbright professor in Nigeria in 1983–84 and as a visiting professor in the Czech Republic in 1996. He writes on civil rights issues. Professor Seng joined the faculty in 1976. He teaches Global Legal Systems, Constitutional Law I and II, Federal Courts, National Security Law, Predatory Lending, and Public Law Litigation. Before joining the John Marshall faculty in 1968, Ron Smith taught Speech at Loyola University, served as a U.S. Naval aviator, clerked for Justice John V. McCormick of the Illinois Appellate Court, and was staff counsel for Santa Fe Railway. He was elected to the 1970 Illinois Constitutional Convention, where he served on the Executive Article Committee and the Official Explanation Committee. In 1972, the Governor of Illinois appointed him to the Governor’s Transitional Task Force, and thereafter to the Illinois Board of Ethics (1972 to 1976). He has written articles on criminal law and Illinois constitutional law. He is the director of the National Criminal Justice Trial Advocacy Competition, co-sponsored by John Marshall and the ABA Criminal Justice Section. In 1995, the ABA Criminal Justice Section honored Professor Smith and The John Marshall Law School for “outstanding service to the American Bar Association.” The ABA recognized the Competition as the Best ABA Program for 1998. Professor Smith was elected chair of the ABA’s Criminal Justice Section for 2001–2002; during his term he wrote several articles for Criminal Justice Magazine and initiated the first ABA Cybercrime Conference. He served as an assistant state’s attorney of Cook County and as a hearing officer for the Illinois Civil Service Commission. A member of Blue Key National Honor Society, he is also listed in Who’s Who in America and Who’s Who in the World. He teaches Criminal Law, Criminal Procedure, and Federal Criminal Law. Click for Table of Contents THE 57 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty David E. Sorkin Julie Spanbauer Debra Pogrund Stark Associate Professor Professor Professor B.A., with distinction, Indiana University, Phi Beta Kappa B.S., cum laude, University of Wisconsin–Oshkosh B.A., summa cum laude, Brandeis University, Phi Beta Kappa B.S. Bus., with high distinction, Indiana University, Beta Gamma Sigma J.D., Valparaiso University J.D., cum laude, Northwestern University LL.M., Northwestern University M.L.S., Indiana University Julie Spanbauer served as a law clerk for Hon. Andrew P. Rodovich, United States Magistrate Judge, and Hon. James T. Moody, United States District Court Judge, after graduating from law school. Since joining the John Marshall faculty in 1990, she has published numerous articles in the areas of employment discrimination, constitutional law, and women’s issues. She also writes a monthly online column on employment law issues. Professor Spanbauer has organized and moderated diverse conferences involving discrimination issues. She has lectured at Trinity College in Ireland and in China. Professor Spanbauer has served as program director for two programs, sponsored by the International Law Institute in Washington, D.C., that prepare international LL.M. students to enter law schools in the U.S. She has also served on the board of directors of the Friends of Battered Women and Their Children, which provides counseling, advocacy, and education services. Professor Spanbauer directs the special admissions program at John Marshall, the Summer College for Assessing Legal Education Skills (SCALES). She teaches Employment Discrimination, Contracts I and II, and Lawyering Skills. J.D., cum laude, Harvard University David Sorkin joined the John Marshall faculty in 1991. He teaches in the areas of Information Technology and Privacy Law, Consumer Protection, and Lawyering Skills. Previously, Professor Sorkin clerked for a state appellate judge in Indiana and taught at Indiana University School of Law–Indianapolis. He has been a visiting scholar at the Center for Research and Education in Information Assurance and Security at Purdue University. He has taught courses in privacy and cyber law at Southern Cross University in Australia. Professor Sorkin serves on the National Arbitration Forum National Panel of Arbitrators and the advisory board of the Center for Asia Pacific Technology Law & Policy at Nanyang Technological University (Singapore). He has written and spoken widely about Internet policy, privacy, and consumer protection issues. He is a leading expert on spam e-mail, and created the first law school course on spam. He also is active as an arbitrator for consumer credit and Internet domain name disputes. Click for Table of Contents A nationally recognized authority on real estate law, Debra Stark has participated in numerous bar association, college, and law school programs, and has been an active leader within the ABA. She has published more than a dozen articles on real estate law topics, including an empirical study of foreclosures published by the University of Michigan Journal of Law Reform and a model mortgage counseling intervention law to combat predatory lending in the Harvard Blackletter Law Journal. Professor Stark has authored and edited three real estate-related books published by the ABA as well as two textbooks, Commercial Real Estate Transactions: A Project and Skills Based Approach and Residential Real Estate Law: A Transactional Skills Analysis. After eight years in private practice with Katten Muchin, Professor Stark joined the faculty in 1994 and helped create John Marshall’s LL.M. Program in Real Estate Law. She created the John Marshall Chapter of Habitat for Humanity and serves as its faculty advisor. Professor Stark is also a member of the board of directors of the Lawyer’s Committee for Better Housing and enjoys working with students on pro bono legal matters for both organizations. Professor Stark teaches Property, Real Estate Transactions, Commercial Real Estate, Predatory Lending Law, and Family Law. THE 58 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Paul Wangerin Mark E. Wojcik Associate Professor Anthony S. Zito, Jr. Professor and Director of Global Legal Studies Professor A.B., University of Missouri J.D., The John Marshall Law School B.A., cum laude, Bradley University J.D., Case Western Reserve University J.D., cum laude, The John Marshall Law School LL.M., Case Western Reserve University Paul Wangerin graduated from The John Marshall Law School in 1978, after attending school as an evening student. He then served as law clerk to the Honorable Howard Ryan of the Illinois Supreme Court and as an associate attorney at Winston & Strawn, Chicago’s oldest law firm and one of its largest. Professor Wangerin publishes and speaks at conferences on both substantive law and professional education issues. His recent articles have appeared in the Stanford Agora Electronic Law Review (2002) and the Journal of Legal Education (2001, 2003). Professor Wangerin joined the faculty in 1982 and teaches courses on Commercial Law, Remedies, and Administrative Law. Click for Table of Contents A.B., Case Western Reserve University LL.M., New York University Professor Wojcik was an editor on the John Marshall Law Review and competitor in international law moot court competitions. After graduation, he clerked for judges on the Nebraska Supreme Court and the U.S. Court of International Trade. He practiced customs and international trade law in New York and served as court counsel for the Supreme Court of the Republic of Palau. Professor Wojcik has taught and lectured in 11 foreign countries. He holds leadership roles in numerous legal organizations and associations. The Chicago Bar Foundation presented him with awards for outstanding service to the legal profession and for pro bono service. He is the author and co-author of numerous law review articles, book chapters, and books, including the first casebook on AIDS Law, the first legal writing text for non-native speakers of English, and Illinois Legal Research. Professor Wojcik joined the faculty in 1992 and became director of global legal studies in 2004. He teaches Lawyering Skills, International Criminal Law, International Human Rights, International Trade Law, Torts, International Law, Human Rights in a Changing Society, and Civil Procedure II. Professor Zito was associated with law firms in Cleveland and Cincinnati and taught at Dyke College in Cleveland and at Northern Kentucky University Law School before joining the John Marshall faculty. He has written articles in the areas of administrative law, family law, legal ethics, and trade regulation. Professor Zito has been a guest speaker and panelist at numerous law-related programs, including the Circuit Court of Cook County’s DUI Symposium, “Developing a Systematic Approach to the Multiple DUI Offender,” and the League of Women Voters’ “Family Law and Divorce Problems—Illinois Style.” Professor Zito joined the faculty in 1974. He teaches Corporations, Family Law, and Professional Responsibility. THE 59 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Faculty Emeriti Claude E. Carr Michael L. Closen Peter J. McGovern Craig A. Peterson Professor Emeritus Professor Emeritus Professor Emeritus Professor Emeritus B.S.L., Northwestern University B.S., Bradley University A.B., University of Notre Dame B.A., Cornell University M.A., Bradley University J.D., Harvard University LL.B., Northwestern University J.D., University of Illinois Ed.D., University of South Dakota J.D., Fordham University Professor Peterson practiced law in the military and with Lord, Bissell & Brook before entering the teaching profession. He has published and lectured widely in the United States and abroad, especially on land use matters; most recently he has given speeches at the University of Florida and in Geneva, Switzerland, and Chamonix, France. In 1997, he was selected by the Foundation for Environmental Conservation (Switzerland) for inclusion in World Who’s Who and Does What in Environment and Conservation (London, 1997). Professor Peterson joined the faculty in 1975 and became professor emeritus in 2004. He taught Business Planning and Drafting, Corporations, Land Use Control, and Torts I. Professor Carr was associated with the Chicago law firm of MacLeish, Spray, Price and Underwood and was the legal officer of the trust department at the National Boulevard Bank of Chicago. Professor Carr joined the John Marshall faculty in 1967 and was named professor emeritus in 1999. He taught Property I and II, Estates & Trusts, and Taxation of Estates and Trusts. Click for Table of Contents After law school, Michael Closen taught in the College of Law and the Speech Communication Department of the University of Illinois. He next served as judicial clerk to the Illinois Appellate Court, and later prosecuted appellate cases as an assistant state’s attorney in Chicago. After joining the John Marshall faculty, Professor Closen taught as a visiting or adjunct professor at the law schools of the University of Arkansas, Loyola University, Northern Illinois University, and St. Thomas University. He has made legal presentations in Canada, Mexico, Israel, France, Germany, Italy, Holland, and throughout the United States. He is one of the few law professors to coauthor four law school casebooks on four different subjects: notaries public (1997), contracts (1998), agencypartnership (2000), and AIDS and law policy (2001). Professor Closen has written nearly 40 law review articles and published more than 100 other papers, appellate briefs, chapters, and books. He writes bar examination questions for three states and teaches the BAR/BRI bar review course in about 10 other states. The students voted Professor Closen “Professor of the Year” six times. Professor Closen joined the faculty in 1976 and became professor emeritus in 2003. He taught AIDS and the Law, Agency and Unincorporated Businesses, Contracts, and Notary Law. Peter McGovern began teaching in legal education in 1972. He served as acting dean at the University of South Dakota School of Law and was dean at Valparaiso University School of Law and at St. Thomas University School of Law. Professor McGovern joined The John Marshall Law School community in 1987 as dean and professor of law. In 2000, he became director of the Center for International Business and Trade Law. Professor McGovern is active in the Section on Legal Education and Admissions to the Bar of the American Bar Association, participates in accreditation inspections of American law schools, and was chair of the Continuing Legal Education Committee of the Senior Lawyers Division of the American Bar Association. Professor McGovern is the past president of the National Anti-Vivisection Society. In 1995, he served as a visiting scholar at the new Notre Dame University in Freemantle, Western Australia, and was a visiting professor at the University of Tasmania School of Law in Hobart, Tasmania, in 2002. Also in 2002, he was a judge/arbitrator at the Vis International Commercial Arbitration Moot Court Competition in Vienna, Austria. Professor McGovern became professor emeritus in 2005. He taught Elder Law, Estates and Trusts, International Commercial Dispute Resolution, and Transnational Negotiations. THE 60 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Faculty Faculty Emeriti Arthur J. Sabin Leonard Jay Schrager George B. Trubow Professor Emeritus Professor Emeritus Professor Emeritus B.A., Roosevelt University B.S., Northwestern University B.A., University of Michigan M.A., Northwestern University J.D., Northwestern University J.D., University of Michigan J.D., The John Marshall Law School Professor Schrager began teaching at John Marshall in 1963 as a member of the adjunct faculty. Prior to joining the full-time faculty in 1980, he was engaged in private practice for approximately 20 years with the firm now known as Sachnoff & Weaver, where he was the managing partner and a name partner specializing in business law, taxation, and estate planning. Professor Schrager served as dean of The John Marshall Law School from 1983–1987. He is active in the field of Alternative Dispute Resolution and is a highly respected mediator and arbitrator in commercial disputes. In 1998, Professor Schrager became president of the Chicago Bar Association, the largest metropolitan bar association in the country. He was the first academician to hold that office in the 125-year history of the association. Currently president of the Center for Conflict Resolution, Professor Schrager continues to serve on the boards of Coordinated Advice and Referral Program for Legal Services and the Chicago Bar Foundation Fellows. He also is a past president of the Chicago Bar Foundation. Professor Schrager became professor emeritus in 2004. He taught Contracts I and II and Counseling and Negotiation. After law school, George Trubow practiced in Kansas and Missouri, doing trial and appellate work. He joined the John Marshall faculty in 1961 as an assistant professor. In 1965, he was awarded a congressional fellowship by the American Political Science Association to study the U.S. Congress, and in 1966 was appointed deputy counsel to the US Senate Judiciary Subcommittee on Judicial Machinery. In 1968, he became the first executive director of the Maryland Governor’s Commission on the Administration of Justice, and, in 1970, he joined the U.S. Department of Justice, serving as director for planning in the Law Enforcement Assistance Administration. In 1974, he was appointed general counsel to the Committee on the Right to Privacy, Executive Office of the President. Professor Trubow returned to John Marshall two years later and, in 1983, established the Center for Information Technology and Privacy Law. He serves on several national advisory boards, and has written and spoken widely on questions of privacy, information law, and global digital communications networks. Professor Trubow was named professor emeritus in 2001. He taught Cyberspace Law, Information Law and Policy, and Privacy. Before coming to John Marshall, Professor Sabin was professor of history at Northeastern Illinois University. He also served as a member of John Marshall’s adjunct faculty from 1959 through 1966, as general counsel for a multistate concern, and was in private practice. Professor Sabin has published four books, including Red Scare in Court and In Calmer Times: The Supreme Court and Red Monday. His fifth book will be From the Daily Worker to the Daily Tribune: Political Cartoonists Draw the Red Scare and the Supreme Court. He has also published numerous articles on a variety of law and law-related topics. He has delivered papers before the American Society for Legal History at the Yale University Law School and the Economic and Business Historical Society sponsored by Vanderbilt University. Professor Sabin joined the faculty in 1972 and became professor emeritus in 2004. He taught History of the American Legal System, Products Liability, and Torts II. Click for Table of Contents THE 61 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Adjunct Faculty * Indicates adjunct faculty teaching in current semester. Advocacy & Dispute Resolution Paula H. Holderman Winston & Strawn Ted G. Karavidas* Karavidas & Agonis Law Office Robert J. Adelman* Levin Ribeck Law Group Matthew R. Bettenhausen Assistant U.S. Attorney and Deputy Chief, Office of the State Local Government Coordination U.S. Department of Homeland Security Susan Bogart* Attorney at Law Hon. Edward Burr (Ret.) Circuit Court of Cook County Richard M. Calkins Calkins Law Firm Des Moines, Iowa Kimellen Chamberlain* Assistant State’s Attorney Matthew C. Crowl Deputy Chief of Staff Chicago Mayor’s Office Dean J. Polales* Ungaretti & Harris Anne Pachciarek DLA Piper US LLP Constantine D. Kasson Bullwinkel Partners, Ltd. Hon. William R. Quinlan (Ret.) Quinlan and Carroll, Ltd. Gregory Stull* Office of Chief Counsel, IRS Patrick J. Kelly* Assistant State’s Attorney Hon. Robert J. Quinn* Circuit Court of Cook County John F. Kennedy* Shefsky & Froelich Ltd. Erica Reddick* Assistant Public Defender Hon. Charles P. Kocoras* U.S. District Court Northern District of Illinois Patrick J. Rocks Jr.* General Counsel Chicago Public Schools Hon. Joan Humphrey Lefko U.S. District Court Northern District of Illinois Elizabeth Simon* Employee Relations Manager Elmhurst Memorial Healthcare Hon. Paul C. Lillios Regional Chief Administrative Law Judge, Social Security Administration Anthony J. Thomas* Assistant Public Defender Terence F. MacCarthy Director, Federal Public Defender Program Hon. John Darrah* U.S. District Court Northern District of Illinois Hon. Benjamin S. Mackoff (Ret.) Schiller, DuCanto & Fleck Anna H. Demacopoulos Assistant State’s Attorney Susann MacLachlan* The John Marshall Law School Thomas K. Donahue Assistant State’s Attorney Helen Morrison Deloitte Susan Nash McDermott Will & Emery John T. Karnezis Clifford Law Offices Dawn Bode* Special Assistant Corporation Counsel, City of Chicago Steven Lifson* Seyfarth Shaw LLP Hon. Paul E. Plunkett* United States District Court Northern District of Illinois Hon. Themis N. Karnezis Illinois Appellate Court Joseph G. Bisceglia Jenner & Block Victoria Peters* Assistant U.S. Attorney and Associate Chief, Criminal Division George M. Velcich* Belgrade and O’Donnell Hon. Richard Walsh* Circuit Court of Cook County Employee Benefits Richard Ashley III DLA Piper US LLP Katharine Blumenthal Attorney at Law Kelli Toronyi DLA Piper US LLP David Weiner Office of Chief Counsel, IRS Brian Wydajewski Baker & McKenzie Fair Housing Lewis Powell III The John Marshall Law School Edward Voci Leadership Council for Metropolitan Open Communities Global Legal Studies Juli Campagna Attorney at Law David Gordon U.S. Small Business Administration Hon. Deborah Dooling* Circuit Court of Cook County Kenneth A. Malatesta* Managing Attorney Chicago Department of Administrative Hearings John Eannace* Attorney at Law Christopher Markey* Kane & Carbonarra Nancy DeBruin McDonald’s Corporation Roseanne J. Faraci* McDermott Will & Emery Maria C. McCarthy* Assistant State's Attorney Brian Donohue* CCA Strategies LLC Hon. Lawrence E. Flood Circuit Court of Cook County Sherri Mecklenburg General Counsel to the Chicago Superintendent of Police Durwood “James” Gehring* Seyfarth Shaw LLP Information Technology & Privacy Lisa Goyer DLA Piper US LLP Richard C. Balough The John Marshall Law School Lawrence Grudzien* Attorney at Law Michael P. Brownell Accenture LLP Laura Beth Miller* Brinks Hofer Gilson & Leone Linda Hoseman Winston & Strawn LLP Scott A. Carlson Seyfarth Shaw LLP Hon. Sheila M. Murphy Rothschild, Barry & Myers Sally King McGuireWoods LLP Keith G. Chval* Connolly Ekl & Williams PC Hon. Charles R. Norgle* United States District Court Northern District of Illinois Ian Kopelman DLA Piper US LLP Denise M. DeMory Law Office of Denise M. DeMory Lance Northcutt* Assistant State’s Attorney Barry Kozak* The John Marshall Law School Chicago Consulting Actuaries LLC Todd H. Flaming Schopf & Weiss Hon. Michael J. Gallagher* Illinois Appellate Court Hon. Michael M. Mihm* United States District Court Central District of Illinois Hon. Ronald A. Guzman United States District Court Northern District of Illinois Hon. William Haddad Circuit Court of Cook County Hon. Arthur Hill* Circuit Court of Cook County Hon. James F. Holderman Chief Judge, U.S. District Court, Northern District of Illinois Click for Table of Contents Mark DeBofsky* Daley DeBofsky & Bryant Robert A. Kezelis Of Counsel Jay M. Krames Price Waterhouse Coopers Gary A. Marek Clausen Miller PC THE 62 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Adjunct Faculty * Indicates adjunct faculty teaching in current semester. Lawrence M. Friedman Barnes, Richardson & Colburn Steven M. Wernikoff Federal Trade Commission David A. Haas InteCap, Inc. Mark L. Gordon Gordon & Glickson LLC Elaine Zacharakis* Attorney at Law R. Mark Halligan Welsh and Katz, Ltd. Robert S. Gurwin America Online, Inc. Larry M. Zanger McBride, Baker & Coles Eldon Ham Attorney at Law David P. Haslett High Tech Crimes Bureau, Office of Attorney General Patrick E. Zeller Guidance Software, Inc. Robert P. Hart Harmon International William E. Hornsby Jr. American Bar Association Intellectual Property Roger M. Huff Law Offices of Roger M. Huff Meredith Martin Addy Brinks Hofer Gilson & Lione Gerald L. Jenkins Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz Vicki Elaine Allums Attorney at Law Anne C. Keays Schwartz & Freeman Gregg Kirchhoefer Kirkland & Ellis Robert Kleeman* Attorney at Law Samuel G. Kramer Baker & McKenzie John J. Lanigan Law Office of John J. Lanigan David W. Maher Sonnenschein Nath and Rosenthal William T. McGrath* Davis & McGrath Michael S. Mensik Baker & McKenzie Cory Aronovitz Casino Law Group Robert M. Barrett Bell Boyd & Lloyd Dr. Gerd F. Kunze Germany Beverly A. Berneman Querrey & Harrow Michael Lufrano Vice President & General Counsel, Chicago Cubs John Bostjancich Smart & Bostjancich Mary K. Braza Foley & Lardner LLP David J. Bremer* Sabre Technical Services Corp. David C. Brezina Barnes & Thornburg Stacy Chronopoulos William Wrigley Jr. Co. Matthew M. Neumeier* Jenner & Block Loletta L. Darden Sachnoff & Weaver Matthew B. Prince* UNSPAM LLC Jeffery M. Duncan* Brinks Hofer Gilson & Lione G. Darryl Reed Sidley & Austin Vangelis Economou Attorney at Law Leslie Ann Reis The John Marshall Law School Ted L. Field Banner & Witcoff Ltd. L. Anita Richardson* Attorney at Law Daniel D. Frohling Loeb & Loeb LLP Elissa Silverman SignalTree Solutions Beth A. Fulkerson Attorney at Law Thomas J. Smedinghoff Baker & McKenzie Dr. Lulin Gao People’s Republic of China Yvonne Sor Ashenden & Sor Jerry W. Glover Entertainment & Intellectual Property Group LLC Click for Jonathan Jennings Pattishall, McAuliffe, Newbury, Hilliard & Geraldson Salvador K. Karottki Goldberg Kohn Bell Black Rosenbloom & Moritz Ltd. Jeffrey M. Cross Freeborn & Peters Table of Contents Hon. James F. Holderman* U.S. District Court, Northern District of Illinois Mark T. Banner Banner & Witcoff Charles Lee Mudd Jr. Law Office of Charles Lee Mudd Jr. Liisa Thomas* Winston & Strawn Brent Hawkins McDermott Will & Emery Christopher T. Griffith Leydig Voit & Mayer, Ltd. John Richards Ladis & Perry New York, NY Howard B. Rockman* Sachnoff & Weaver E. Leonard Rubin* Sachnoff & Weaver Sanjiv D. Sarwate Pattishall, McAuliffe, Newbury, Hilliard and Geraldson Lisa A. Schneider Sidley Austin Brown & Wood Charles W. Shifley Banner & Witcoff Catherine Simmons-Gill* Attorney at Law Robert E. Sloat Attorney at Law Patti S. Smart Smart & Bostjancich Mary M. Squyres Brinks Hofer Gilson & Lione William A. Streff Jr. Kirkland & Ellis LLP Nerissa Coyle McGinn Loeb & Loeb LLP Steven Weissman Time, Inc. William T. McGrath* Davis McGrath John M. White Attorney at Law Alejandro Menchaca McAndrews Held and Malloy, Ltd. International Business & Trade Hon. Paul R. Michel U.S. Court of Appeals for the Federal Circuit Michael P. Avramovich Avramovich & Associates PC Molly Mosley-Goren Attorney at Law Donna L. Bade Sandler, Travis & Rosenberg, LLC Don Moyer Patent Agent Violeta I. Balan Mayer Brown Rowe and Maw K. Shannon Mrksich* Brinks Hofer Gilson & Lione Gabrielle M. Buckley Vedder, Price, Kaufman & Kammholz Lester Munson Sports Illustrated James P. Muraff Wallenstein Wagner & Rockey Kevin Noonan McDonnell, Boehnen, Hulbert & Berghoff Kevin C. Parks Leydig Voit & Mayer, Ltd. Mark V.B. Partridge* Pattishall, McAuliffe, Newbury, Hilliard & Geraldson Philip T. Petti Fitch Even Tabin & Flannery Michael B. Carsella LaSalle Business Credit, Inc. Stuart H. Deming Deming PLLC Washington, D.C., & Kalamazoo, Michigan Gianmario Demuro Universita degli studi di Cagliari Cagliari, Sardinia, Italy Donald C. Dowling Jr.* Proskauer Rose LLP New York, NY THE 63 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Adjunct Faculty * Indicates adjunct faculty teaching in current semester. Marianne Rowden American Association of Exporters and Importers Washington, D.C. Mark I. Dunaevsky Avramovich & Associates PC Arthur Fakes Arthur Fakes PC Sabine Schlemmer-Schulte University of the Pacific McGeorge School of Law Terry Yale Feiertag Mandel, Lipton and Stevenson Ltd. Michael A. Snyder Snyder McGovern LLC Andre R. Fiebig Baker & McKenzie Paul M. Storm (Ret.) NautaDutilh Rotterdam, The Netherlands Ralph H. Folsom University of San Diego School of Law Lawrence M. Friedman* Barnes, Richardson & Colburn Howard L. Stovall Law Offices of Howard L. Stovall Daniel Girsberger Lucerne University Lucerne, Switzerland Donald J. Unger Baker & McKenzie Bruce Zagaris Berliner Corcoran & Rowe Washington, D.C. David Gordon* Special Assistant U.S. Attorney U.S. Small Business Admin. J.D. Program Philip H. Hall* Private Practice Anita Alvarez Bureau Chief, Special Prosecutions, Cook County State’s Attorney’s Office John Hanna Jr. Whiteman Osterman & Hanna Albany, NY Eric F. Hinton Caterpillar, Inc. Peoria, Illinois Joseph Annunzio* Village Attorney of Niles Hugh B. Arnold Arnold and Kadjan John Scott Hoff Hoff Collins & Cook Michael Berendt* Attorney at Law Jay Krames Price Waterhouse Coopers Tammie G. Krauskopf Bryan Cave Dawn Bode* Special Assistant Corporation Counsel, City of Chicago Christos Linardakis Intercontinental Parts Inc. Frederick H. Branding Johnson and Bell Ltd. Jung Y. Lowe AmericAsia Global Law Jerry D. Brown McGaugh & Associates LLC Ram T. Madaan Madaan & Company Jackie Campbell* Chicago Police Department Ramon M. Mullerat, OBE KPMG Barcelona, Spain Lurene M. Contento* The John Marshall Law School N. Paul Coyle Gardner Carton & Douglas Brian L. Nelson Executive in Residence American University Washington, D.C. Jeffrey M. Cross Freeborn & Peters Lynne R. Ostfeld Lynne R. Ostfeld PC Joel Daly* The John Marshall Law School David O’Toole Federal Trade Commission Priscilla Dixon Attorney at Law Francesco Portolano Portolano Colella Cavallo Studio Legal Rome, Italy Jay L. Dolgin Hochman Dolgin Delott Galarnyk & Prohov Bruce F. Dorn* Bruce Farrell Dorn & Assocs. Lynn S. Preece Baker & McKenzie Click for Table of Contents George T. Drost Drost and Kivlahan, Ltd. Corinne S. Morrissey* The John Marshall Law School Hon. David A. Erickson Illinois Appellate Court First District, Third Division James Muraff Wallenstein & Wagner Carl Evans Jr.* Law Offices of Carl L. Evans Jr. Hon. Lawrence Edward Flood Circuit Court of Cook County Hon. Peter Flynn* Chancery Division, Circuit Court of Cook County Hon. Thomas V. Gainer* Circuit Court of Cook County Marc D. Ginsberg* Dykema Gossett PLLC Danya A. Grunyk* Attorney at Law Jonathon Gulden Assistant Public Defender Cook County Philip H. Hall* Private Practice Beth A. Henning Attorney at Law J. Erickson Heyke III Winston & Strawn John Scott Hoff Hoff Collins & Cook Michael J. Hriljac, D.P.M.* Robbins Salomon & Patt, Ltd. Bruce B. Jackson* Anthony J. Madonia & Associates, Ltd. Michael J. Kasper* Fletcher Topol & O’Brien, PC Hon. Paul E. Plunkett* United States District Court Northern District of Illinois Hon. Robert J. Quinn* Circuit Court of Cook County Erica Reddick* Assistant Public Defender E. Leonard Rubin Sachnoff & Weaver, Ltd. Michael Schlesinger* Robbins Salomon & Patt, Ltd. James A. Shapiro Shapiro & Schwartz Rory Dean Smith* The John Marshall Law School Michael A. Snyder Conklin, Murphy, Conklin & Snyder Catherine L. Steege* Jenner & Block Julie A. Tappendorf Holland & Knight LLP Allen P. Walker* Greene & Letts Howard L. Ward* Law Office of Howard L. Ward Hon. William F. Ward Jr. (Ret.)* Michael Weissman* Holland & Knight LLP Lawyering Skills Hal “Corky” Kessler Funkhouser, Vegosen, Liebman, & Dunn Ann Hopkins Avery International Association of Defense Counsel Hon. Arlander Keys* U.S. District Court Northern District of Illinois Daniel L. Babetch Scott, Halsted & Babetch, P.C. Barry Kozak* The John Marshall Law School Chicago Consulting Actuaries LLC Fred B. Lifton* Robbins Schwartz Nicholas Lifton & Taylor, Ltd. Anthony J. Madonia* Anthony J. Madonia & Associates, Ltd. Christopher G. Markey* Hinshaw & Culbertson LLP Hon. Clifford Meachum* Cook County Circuit Court Hugh S. Balsam Lord, Bissell & Brook Mary Wilson Barry* Clerk to Hon. Bruce W. Black Carl Bergetz* Attorney General’s Office Courtney S. Berlin Attorney at Law Tara Taylor Bernstein* Attorney at Law Lynn Hirschfeld Brahin Attorney at Law James R. Branit* Bullaro & Carton, PC THE 64 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Adjunct Faculty * Indicates adjunct faculty teaching in current semester. Heather L. Rysgaard Brauckman Assistant Public Defender Hollister Bundy Inclusion Solutions, LLC Barbara A. Burke* Assistant Corporation Counsel City of Chicago Danya A. Grunyk Attorney at Law Gregory M. Reiter* Attorney at Law Joanne Yasus Clerk to Hon. James F. Smith Kathleen M. Hermann Chicago Transit Authority Edward G. Renner Nery & Muriel LLC Gail Zwemke Attorney at Law Jeffrey M. Howard Capital Case Coordinator Cook County Public Defender’s Office Hon. L. Anita Richardson* City of Chicago Real Estate Yolanda L. Ricks* Assistant Attorney General Brad L. Jansen Chief Attorney, Law Department Chicago Transit Authority William Anaya Arnstein & Lehr Barry M. Rosenbloom Ottenheimer Teplinsky Rosenbloom LLC Michelle Bella* Inka Partners Robert Johnson McDonald’s Corp. Craig M. Sandberg Coston, Fioretti & Lichtman Tom Keefe* The John Marshall Law School Adam L. Saper Hinshaw & Culbertson LLP Elizabeth M. Krepps* Attorney at Law Eugene Schiltz* Robert F. Coleman & Associates Paul D. Carman* Chapman & Cutler Alison C. Conlon Wildman Harrold Allen & Dixon LLP Joan M. Kubalanza Lowis & Gellen Clifford Scott-Rudnick* Suburban Bank & Trust F. Willis Caruso Fair Housing Legal Clinic Karen A. Covy* Attorney at Law Andrew W. Lambertson Office of the Attorney General Brendan Shiller* Shiller Rossiter & Company Michelle Cue Attorney at Law David L. LaPorte* Querrey & Harrow, Ltd. Steven Shobat Attorney at Law David S. Chernoff* John D. and Catherine T. MacArthur Foundation Scott L. D’Angelo McDonalds Corporation Brandon K. Lemley Querrey & Harrow, Ltd. Deborah Jo Soehlig* Fischel & Kahn Ltd. Karen J. Dimond Assistant State’s Attorney William J. Lewis Ungaretti & Harris Steven Splitt* Attorney Registration & Disciplinary Committee Alan S. Dorn U.S. Department of Health & Human Services Frank Lipuma Attorney at Law Augusta Clarke* DuPage County State’s Attorneys Office Matthew J. Cleveland Hogan Marren & McCahill, Ltd. David M. Cole Branch Chief U.S. Securities & Exchange Commission Bruce F. Dorn Bruce Farrell Dorn & Associates Atonio P. Littleton* SmithAmundsen LLC Sandra Bowen Attorney at Law David Scott Carfello NASD Bernard I. Citron Schain Burney Ross & Citron Ltd. Diane Citron Mayer Brown Rowe & Maw Melanie Rovner Cohen Quarles & Brady Anna C. Stotis Attorney at Law Charles Edwards DLA Piper US LLP Denean K. Sturino Fagel Haber LLC Karen Ercoli General Growth Properties Inc. Claire Toomey Durkin* The John Marshall Law School Richard S. London* Appellate Prosecutor State’s Attorney’s Office Michael J. Summerhill* Katten Muchin Rosenman LLP Faye B. Feinstein Quarles & Brady Karen A. Enright Winters Enright Salzetta & O’Brien James P. Manak* Law Enforcement Legal Publications Gretchen E. Van Dam* Library of the U.S. Courts U.S. Court of Appeals for the Seventh Circuit Christine M. Foh* Motorola, Inc. Carl L. Evans Jr. Attorney at Law Dan E. May* Assistant U.S. Attorney David W. Van de Burgt Assistant Attorney General Lester Finkle Assistant Public Defender Shelmerdeane A. Miller* Attorney at Law Robert C. Goldstein New Trier Merchant Partners LLC Liza Franklin City of Chicago Mary T. Nagel* Attorney at Law Jason A. Freitag Clerk, Illinois Supreme Court Ellen J. O’Rourke* Bruce Farrell Dorn & Associates Guy D. Geleerd Jr. Coughlin & Geleerd LLP Eric M. Phillips* Securities & Exchange Commission Patricia H. Gill Attorney at Law Steven Gilman Clerk to Hon. Robert W. Gettleman Ava Gould Commodity Futures Trading Commission Click for Table of Contents Elliot “Doc” Pollock Attorney at Law Tracie R. Porter Attorney at Law Ronald Rascia* Office of the Attorney General Jennifer R. Ward* Revis & Ward LLC Cheryl A. Warzynski Dykema Gossett PLLC Mark Weissburg Horwitz, Horwitz & Associates Steven M. Wernikoff Federal Trade Commission Jerry Wiener Schain, Burney, Ross & Citron, Ltd. Jennifer Y. Wu Board of Education City of Chicago Allan Goldberg Arnstein and Lehr Robert E. Gordon Mayer Brown Rowe & Maw Neil L. Goulden GE Capital James C. Hagy Jones Day Virginia M. Harding* Gould and Ratner Harold Hicks Madigan & Getzendanner Thomas C. Homburger Bell Boyd & Lloyd Janet M. Johnson Schiff Hardin LLP THE 65 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Adjunct Faculty/Board of Visitors * Indicates adjunct faculty teaching in current semester. Michael C. Kim Michael C. Kim and Associates Howard M. Richard Katten Muchin Rosenman LLP Katharine Blumenthal Attorney at Law Charles Harris* Katten Muchin Rosenman Jeffrey Kuta Schiff Hardin LLP Brian Shea Nasharr & Shea LLC Steven Brown Martin Brown & Sullivan, Ltd. Daniel Hartnett Martin Brown & Sullivan, Ltd. David P. Leibowitz David P. Leibowitz, Esq. Stanley P. Sklar Bell Boyd & Lloyd Harvey Lapin Law Offices of Harvey Lapin Raizel Liebler The John Marshall Law School Lorence Slutzky Robbins Schwartz Nicholas Lifton & Taylor Ltd. Vincenzo Chimera* Illinois Attorney General’s Office Reid A. Mandel Katten Muchin Rosenman LLP Nina B. Matis Katten Muchin Rosenman LLP Jeffrey Mayer* Freeborn & Peters Evan McKenzie University of Illinois at Chicago Margery Newman Ogletree Deakins Nash Smoak & Stewart PC James Patrick O’Brien Baker & McKenzie Arthur Pape The Pape Law Firm Rory Dean Smith The John Marshall Law School Howard M. Turner Gould and Ratner Robert S. Vihon Worsek and Vihon PC Raymond J. Werner Arnstein and Lehr Theodore I. Yi DLA Piper US LLP Mark D. Yura DLA Piper US LLP will Tax Jordan Peters* Freeborn & Peters Ronald Bauer BP America, Inc. Donna J. Pughone Foley & Lardner David Berek* Credit Suisse Robin Rash Inland Real Estate Group David Blum Levenfeld & Pearlstein LLC Mark Cohen Federal Law Enforcement Officers’ Association Frederick J. Czerwionka Law Offices of Frederick J. Czerwionka Stephanie Denby Burke Warren MacKay & Serritella Kerry Lavelle Lavelle Legal Services, Ltd. Michael Lee* William Blair & Co. LLC Jonathan Michael Burke Warren MacKay and Serritella Anne Mudd Law Offices of Anne Mudd James Dickett* Romanoff & Dickett Ltd. Paul Faherty Former Tax Program Director The John Marshall Law School Stacy Singer Northern Trust James Flaherty* The John Marshall Law School Robert Smyth* Robert Smyth, Ltd. John Foley* Tatooles Foley and Associates Cyndi Trostin Marvin H. Glick & Associates Donald Gottesman Advocate Charitable Foundation Michael Tuchman* Levenfeld & Pearlstein LLC James Greene* Law Offices of James Greene Mary Ann Spangler Sisco J.P. Morgan Private Client Services Brian Wolfberg Illinois Department of Revenue Board of Visitors The Board of Visitors is a school advisory group made up of distinguished practitioners, judges, academicians, and business persons. Philip Crihfield, Chair Attorney at Law Sidley and Austin, Chicago, Illinois Chester Blair Attorney at Law Blair and Cole, Chicago, Illinois Hon. Charles P. Kocoras Chief Judge, U.S. District Court for the Northern District of Illinois Chicago, Illinois Mark Pedowitz President Touchstone Television Studios Executive Vice President ABC Entertainment Television Group John A. Maher Professor Dickinson School of Law, Pennsylvania State University Carlisle, Pennsylvania Dawn Chamberlaine Albany, New York Sherman Cohn Professor Georgetown University Law Center Washington, D.C. Florence Miner Tiburon, California Jon W. DeMoss President, ISBA Mutual Insurance Co. Chicago, Illinois Joseph A. Morris Attorney at Law Morris & De La Rosa Chicago, Illinois Susan C. Haddad Attorney at Law Chicago, Illinois Click for Hon. Jesse G. Reyes Associate Judge, First Municipal District Circuit Court of Cook County Chicago, Illinois John R. Lee Assistant Regional Director U.S. Securities and Exchange Commission Chicago, Illinois Hon. Everette Braden, Retired Circuit Court of Cook County Chicago, Illinois Table of Contents Richard Kippen, Retired Senior Vice President and General Counsel Hiram Walker and Sons, Inc. Detroit, Michigan Pamela L. Shu Senior Regional Attorney National Assn. Securities Dealers Regulations Chicago, Illinois James F. Sullivan Ziegler Capital Management LLC Chicago, Illinois Peter Winograd Professor Emeritus University of New Mexico School of Law Albuquerque, New Mexico E. Steven Yonover Attorney at Law Law Offices of E. Steven Yonover Chicago, Illinois THE 66 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Board of Trustees Board of Trustees Alfred E. Gallo, President J.D., The John Marshall Law School Attorney Hillside, Illinois Hon. Timothy C. Evans B.S., University of Illinois J.D., The John Marshall Law School Judge, Circuit Court of Cook County Claireen Herting, C.P.A., Vice President B.S., University of Illinois M.B.A., Northwestern University J.D., The John Marshall Law School Manager, Personal Financial Services, PricewaterhouseCoopers Chicago, Illinois Hon. Thomas R. Fitzgerald J.D.,The John Marshall Law School Justice, First District, Illinois Supreme Court Hon. Wilson Frost B.A., Fisk University J.D., IIT/Chicago–Kent College of Law Frost and Greenblatt Chicago, Illinois Martin R. Riskin, Treasurer B.B.A., Wisconsin State University M.B.A., University of Wisconsin J.D., The John Marshall Law School President, Pacific Commonwealth Group, Inc. Tiburon, California Joseph M. Gagliardo B.S., DePaul University J.D., The John Marshall Law School Laner, Muchin, et al., Chicago, Illinois Leonard F. Amari, Secretary B.S. Ed., Northern Illinois University J.D., The John Marshall Law School Amari & Locallo Chicago, Illinois Warren Lupel M.A., Loyola University J.D., The John Marshall Law School Weinberg Richmond LLP Chicago, Illinois Erhard R. Chorlé B.S., DePaul University J.D., The John Marshall Law School Shefsky and Froelich Ltd. Chicago, Illinois Peter J. DiConza Jr. B.B.A., Manhattan College J.D., The John Marshall Law School Attorney Manhasset and Brooklyn, New York Click for Eugene E. Gozdecki B.A., University of Illinois J.D., The John Marshall Law School Gozdecki and Del Giudice Chicago, Illinois Walter Hamann, C.P.A. J.D., The John Marshall Law School Business Consultant and Attorney Chicago, Illinois Hon. Mary Anne G. McMorrow J.D., Loyola University of Chicago School of Law Chief Justice Supreme Court of Illinois Thomas M. Tully B.S.S., John Carroll University LL.B., DePaul University College of Law Thomas M. Tully & Associates, Chicago Bruce R. Meckler B.A., Bradley University J.D., The John Marshall Law School Meckler, Bulger and Tilson Chicago, Illinois Peter R. Wirtz President Bismarck Enterprises, Inc. Chicago, Illinois Giacomo A. Pecoraro B.G.S., Roosevelt University J.D., The John Marshall Law School Executive Director, Illinois Association of Chiefs of Police Springfield, Illinois Thomas J. Durkin C.P.A. Legacy Professionals LLP Chicago, Illinois James F. Sullivan B.A., DePaul University M.S., University of South Carolina Ziegler Capital Management LLC Chicago, Illinois Hon. Glenn T. Johnson, Retired J.D., LL.M., The John Marshall Law School Leo Melamed J.D., The John Marshall Law School Chairman Emeritus & Senior Policy Advisor, Chicago Mercantile Exchange Inc.; Chairman & CEO, Melamed & Associates Chicago, Illinois Joseph Domitrz B.S., Central Michigan University M.A., Western Michigan University Ph.D., Southern Illinois University Director of Business Programs Bryant & Stratton College Wisconsin Dixie Lee Peterson B.A., University of Colorado J.D., The John Marshall Law School Deputy General Counsel, Office of Legal Services, Illinois Department of Children & Family Services Emeriti John R. Lee B.A., Trinity University J.D., The John Marshall Law School M.B.A., George Washington University Assistant Regional Director United States Securities and Exchange Commission Chicago, Illinois William Bates Jr. B.A., University of Illinois M.B.A., University of Chicago J.D., The John Marshall Law School Executive VP and General Counsel, Seaway National Bank of Chicago Chicago, Illinois Table of Contents Jordan H. Peters A.B., Brown University J.D., The John Marshall Law School Freeborn & Peters Chicago, Illinois Honorary Trustee Hon. Nancy Lee Johnson B.A., Radcliffe College Member, U.S. House of Representatives Alumni Representative Patrice M. Ball-Reed J.D., The John Marshall Law School 2006–2007 President The John Marshall Law School Alumni Association THE 67 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Administration John E. Corkery Gerald E. Berendt Acting Dean and Professor Linda R. Crane B.S., St. Louis University Associate Dean for Advanced Studies and Research and Professor Associate Dean for Faculty Development and Professor J.D., Northwestern University A.A., University of Florida B.A.S., University of Illinois B.A., University of South Carolina M.M., Northwestern University J.D., University of South Carolina J.D., Northwestern University Acting Dean John Corkery joined the John Marshall faculty after several years with the Chicago office of Lord, Bissell and Brook. He is a former chairman of the Illinois State Bar Association’s Standing Committee on Professional Conduct and a member of the joint Chicago Bar Association, Illinois State Bar Association and Illinois Judges’ Association Judicial Ethics Committee. He has spoken at, and prepared materials for, numerous Illinois Judicial Conferences and bar association programs, and currently is a Reporter for the Illinois Judicial Conference Committee on Evidence. Dean Corkery has testified as an expert witness in matters of professional responsibility and has been a member of the teaching faculty for the Attorney Registration and Disciplinary Commission’s Professional Responsibility Institute. He was a member of the Chicago Bar Association’s Board of Managers for two years and has been a co-writer of the CBA’s annual Gridiron musical, “Christmas Spirits,” since 1973. He is the author of Illinois Civil and Criminal Evidence (2000). Dean Corkery joined the faculty in 1973, was named associate dean for academic affairs in 1998, was named vice dean in 2004, and became acting dean in 2005. He teaches Evidence, Family Law, and Professional Responsibility. Click for Table of Contents LL.M., New York University Associate Dean Gerald Berendt supervises the graduate programs offered by the Centers for Excellence, as well as the Global Perspectives Group, the Foreign Alliances Programs, the Fair Housing Center, and Distance Learning. After law school, Dean Berendt was an attorney with the National Labor Relations Board in Washington, D.C. Over the last 25 years, he has held several Governor’s appointments to Illinois agencies, including chairman of the Illinois Educational Labor Relations Board, chairman and executive director of the Illinois Office of Collective Bargaining, director of Labor Ad Hoc, and member of the Illinois Impasse Resolution Panel. In 2002–2003, he served as a member of Governor Rod Blagojevich’s Labor Policy Committee. He is active in a number of labor relations organizations, including the American Arbitration Association. He has authored or co-authored numerous books and law review articles and frequently speaks before professional associations and bar groups. Dean Berendt also chaired the law school’s Arthur J. Goldberg Conference, named for the late associate justice of the United States Supreme Court, who was a distinguished member of the John Marshall faculty. Dean Berendt joined the law school faculty in 1975 and was named associate dean in 2004. He teaches Collective Bargaining and Arbitration, Contracts, Labor Law, and Public Sector Labor Relations. After receiving her graduate degrees, Associate Dean Linda Crane was a strategic issues analyst for International Harvester and practiced with the firm Hill, Hubbard, Cole & Couch. Later, she was a stockbroker at Merrill Lynch and a vice president at Bear, Stearns & Co. She was a named partner with the Chicago law firm of Boyd & Crane from 1987 until 1999. Dean Crane has held leadership posts with several organizations, including Midwest People of Color Legal Scholarship Conference, the 1st National Meeting of the Six Regional People of Color Conferences, the Central States Law Schools Association, the Law Schools Administration Council, and the Association of American Law Schools Audit and Investment Committee. She has been president of the board of the Cabrini Green Tutoring Program; she currently serves on the Chicago State University Foundation Board and the board of MacCormac College, and she was recently elected to the board of the Greater Chicago Food Depository. Dean Crane is a frequent speaker on the subjects of mortgage lending discrimination, legal education, and affirmative action. She joined the John Marshall faculty in 1989 and was named associate dean for faculty development in 2004. She teaches Property Law, Commercial Law, and Federal Securities Regulation. THE 68 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Administration James J. Kreminski William B.T. Mock Associate Dean for Administration William B. Powers B.S.B.A., Loyola University Associate Dean for Academic Affairs and Professor Associate Dean for Admission and Student Affairs M.B.A., Benedictine University B.A., Haverford College C.P.A., Illinois Graduate Studies, Shakespeare Institute, University of Birmingham (England) B.A., with distinction, Purdue University While employed by a large local certified public accounting firm, Jim Kreminski worked on audits and tax matters for a diverse group of the firm’s clients, ranging in size from a single individual to multinational corporations. His primary concentration was in consulting, in addition to designing financial reporting systems for new companies or newly established subsidiaries of foreign corporations. Dean Kreminski was hired as controller of The John Marshall Law School in 1978. He previously taught accounting as a member of the law school’s adjunct faculty. He is a founding member of the Illinois CPA Society Industry Forum Groups. Click for Table of Contents J.D., Georgetown University Prior to joining John Marshall’s faculty in 1983, Associate Dean William Mock practiced international trade, antitrust, and securities law in Washington, D.C., and served with Baker & McKenzie as one of the nation’s first in-firm legal educators. At The John Marshall Law School, he founded, and for nine years directed, the Center for International Business and Trade Law (then called the Center for International and Comparative Studies), as well as two LL.M. programs—the LL.M. in Global Legal Studies and the LL.M. in International Business and Trade Law. Dean Mock was a co-founder of the Journal of Computer and Information Law and has served as an advisor to the Jessup and Niagara moot court teams and the International Law Society. Among his overseas responsibilities are aspects of John Marshall’s relationships with law faculties in China, Italy, and Lithuania. Dean Mock is a securities and commodities arbitrator and publishes in the fields of information law, transparency, and international law. He has lectured in Belarus, China, the Czech Republic, Lithuania, and Poland. Dean Mock also has served as the scholar-in-residence at the law faculty of the University of Cagliari, Italy. J.D., Indiana University (Indianapolis) LL.M., with honors, The John Marshall Law School While in law school, Associate Dean William Powers was a member of the moot court society and served on the board of editors of Indiana Law Review. Before joining John Marshall’s administration, he was the assistant consultant on legal education to the American Bar Association, where he was involved in various research and publication projects, including serving as editor of Syllabus, the ABA Section of Legal Education and Admissions to the Bar’s quarterly news publication. He recently received an LL.M. degree in Information Technology Law from John Marshall. Dean Powers’ publications include “Karcher v. Daggett: The Supreme Court Draws the Line on Malapportionment and Gerrymandering in Congressional Redistricting”(Indiana Law Review, 1984); A Study of Contemporary Law School Curricula (1987); Promotion and Tenure Policies of ABA Approved Law Schools (1994); Law School Facilities Reference Book (1993); Research Institutes of ABA Approved Law Schools (1996); Reflections of the Chairpersons (co-editor, 1997); “Cybermedicine: How Computing Empowers Doctors and Patients for Better Health Care” (book review, 2001); and a number of articles in Syllabus. THE 69 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Administration Rory Dean Smith Laurel Hajek John M. McNamara Associate Dean for Outreach & Planning Assistant Dean for Career Services Assistant Dean for Institutional Affairs B.A., Northwestern University B.S., University of Nebraska–Omaha B.A., Northwestern University M.M./M.B.A, Northwestern University J.D., Vanderbilt University School of Law J.D., Northwestern University M.B.A., University of Cincinnati Associate Dean Rory Smith joined The John Marshall Law School administration in 1998, after serving for three years as an adjunct professor in the LL.M. in Real Estate Law program. Prior to joining the administration, he was a principal with Albert, Whitehead and McGaugh, P.C. (Chicago), of which he is Of Counsel, and associate regional counsel for the Prudential Insurance Company of America’s Chicago Realty Group Office. He also served as attorney and real estate officer at Continental Illinois Bank and Trust Company of Chicago. Dean Smith has served as president of the Chicago Mortgage Attorneys Association, chairman of the Cabrini Green Legal Aid Clinic board of directors and president of the Minority Legal Education Resources, Inc., board of directors. Currently he is a member of Lambda Alpha International, the Diocese of Chicago of the Episcopal Church standing committee, the Flossmoor School District 161 Board of Education, and serves on the advisory committee for Northwestern University’s J.D./M.M. Program. Dean Smith’s publications include “Getting In From the Outside,” an article published in the April 1998 issue of Corporate Counsel Magazine. Before coming to John Marshall, Assistant Dean Laurel Hajek was assistant dean of career services at the University of Dayton School of Law in Dayton, Ohio, where she counseled students and alumni in career planning, job search strategies, and bar admission. She also conducted outreach efforts to legal employers, managed the on-campus recruiting program, presented student workshops and instructional seminars, and supervised the Career Services Office staff. Previously, Dean Hajek had spent three years with the Cincinnati office of Ernst & Young LLP, first as a senior consultant and then as a manager, specializing in firm sales strategy and communications. From 1993–1996, she was a litigator with the Florida-based firm of McConnaughhay Roland Maida & Cherr PA. Dean Hajek has held council and committee posts with the National Association for Law Placement and was president of the Ohio Law Placement Consortium. She is also active in community affairs. While in Dayton, she volunteered as a Court Appointed Special Advocate/Guardian ad Litem and served on the board of a homeless shelter. Click for Table of Contents Assistant Dean John McNamara rejoined The John Marshall Law School administrative staff in 1992, having served as the law school’s communications coordinator from 1988 to 1991. Dean McNamara has a wealth of experience in communications management, including public relations planning and execution, media and press relations, speech writing, advertising copywriting, and writing, editing, and producing a variety of publications. His other positions have included media consultant on political campaigns, public information officer for the Nebraska Arts Council, director of public affairs for both Nebraskans for the Arts and Arts AllianceNebraska, copywriter for Mutual of Omaha, and news reporter for WOW/KEZO Radio in Omaha, Nebraska. Since 1979, he has published short stories in nearly a dozen periodicals. In 1999, he completed a one-week ProfessionalArtist-In-Residence at Ox-Bow, the Summer School of the Arts and Artist’s Residency in Saugatuck, Michigan, sponsored by the School of the Art Institute of Chicago, where he worked on his novel-in-progress, A Life Without Grace. In October 2004, his short story, “Koi Pond,” was published in the literary magazine Quick Fiction. In addition, he has conducted creative writing seminars, workshops, and readings in secondary schools, colleges, and universities. THE 70 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Administration Dean Emeritus Program Directors Fred F. Herzog William T. McGrath Dean Emeritus Leslie Ann Reis D.U.J., University of Graz (Austria) Associate Director, Graduate Program in Intellectual Property Law J.D., University of Iowa College of Law B.A., University of Notre Dame Director, Graduate Program in Information Technology and Privacy Law LL.D., The John Marshall Law School J.D., Washington University B.S., cum laude, Syracuse University Dean Herzog was born and raised in Austria. After attaining his baccalaureate in Graz, he studied law at the Universities of Grenoble, Paris, Vienna, and Graz, and received his Juris Doctor with highest distinction from the University of Graz in 1931. In 1935 he was appointed a judge by the Austrian government and served in this capacity until March 1938, when the Nazis came to power in Austria. In 1940, he received a fellowship to study American law at the University of Iowa. In 1942, he graduated from that university with a Juris Doctor with high distinction. In 1947, Dean Herzog joined the faculty of Chicago–Kent College of Law as a full professor. He served in that capacity, as well as in the capacity of associate dean and dean of the law school, until 1972, when he resigned the deanship and was appointed first assistant attorney general of the State of Illinois. In 1974, he resigned that position and assumed the deanship of The John Marshall Law School. In 1983 he became dean emeritus. Since 1991, William McGrath has been a partner with the Chicago-based law firm Davis Mannix & McGrath, where his practice is primarily in the areas of intellectual property (copyright, trademark, software/information technology, trade secrets, licensing) and commercial litigation. Previously he was at the firms Burke Wilson & McIlvaine and Chadwell & Kyser Ltd. McGrath has published extensively, in law reviews as well as professional and trade journals, and he has served on the editorial board of the Journal of the Copyright Society of the USA since 1997. He was a board member of the Intellectual Property Law Association of Chicago for six years, serving as president in 1999–2000, and has held leadership positions in other law-related societies and associations. He is a frequent speaker at conferences and seminars, primarily on issues relating to copyright. An adjunct professor at John Marshall since 1990, McGrath assumed the duties of associate director with the fall 2004 semester. Click for Table of Contents J.D., The John Marshall Law School Prior to becoming an attorney, Leslie Reis worked for more than 15 years as a broadcast journalist. She has received numerous awards, including a Chicago Area Emmy Award for outstanding achievement in editing. She has practiced civil rights law in Chicago and is a past director of the American Judicature Society’s Center for Judicial Independence. Professor Reis serves on the federal Information Security and Privacy Advisory Board and the Illinois Criminal Justice Information Authority Privacy Policy Subcommittee, where she is working to develop privacy and security policies in state, county, and local justice information systems. She is a frequent lecturer on privacy and information technology law and policy. In 1996, Professor Reis was awarded a fellowship with the Reporters Committee for Freedom of the Press, where she served as in-house counsel and wrote extensively on media, information, and technology issues for various publications. She co-authored an amicus curiae brief to the U.S. Supreme Court in the Internet indecency case Reno v. ACLU, and has published numerous articles in legal publications and online. Professor Reis joined the faculty in 1997 as an adjunct professor. She teaches Information Law and Policy, the First Amendment, and Free Speech and Privacy Rights. She also supervises the law school’s distinguished Journal of Computer and Information Law. THE 71 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Admission J.D. Admission Information J.D. Admission Periods Admission Criteria The John Marshall Law School enrolls entering classes in August and January each year in both full-time and part-time programs. Applications for the fall semester should be filed by March 1; applications for the spring semester by October 15. First-semester students who enroll in the January entering class will begin their studies with the same sequence of courses as those who enter in August. Commencement is held in January to accommodate students who complete their studies in December. The bar examination is offered in February to accommodate January graduates. Full-time Program The full-time program requires three years (six semesters) for completion. Classes meet throughout the day and require virtually all of the student’s time for preparation. Full-time students may not be employed more than 20 hours per week. Part-time Program The part-time program requires at least four years and two summer sessions for completion. Evening division classes for first-year students are held four evenings, Monday through Thursday, or three of those evenings and Saturday mornings. Three-semester-hour courses meet from 6 p.m. to 9 p.m. and two-semester-hour courses meet from 6 p.m. to 8 p.m. Students in the part-time day division take a reduced number of courses during the day. Summer Term The summer term starts in June and continues for eight weeks. Students who have satisfactorily completed at least one semester of law study are eligible. Sessions are customarily held both during the day and evening. The list of subjects offered varies each summer and may be obtained from the registrar in April. No more than eight hours may be taken during the summer term. Pre-Admission The law school does not prescribe a list of required subjects for admission. It recommends a broad background with emphasis on English composition, English and American history, economics, government, literature, logic, philosophy, foreign languages, mathematics, and the sciences. Many students who are interested in the intellectual property program have engineering or science backgrounds. If any of those subjects are not included as requirements for the degree a student is pursuing, he or she should endeavor to take courses that bear a direct relationship to success in the study of law. All applicants who are accepted for admission must have completed a baccalaureate degree from an accredited college or university before enrolling in the law school, with the exception of those enrolled in the joint degree program with Roosevelt University or the Guaranteed Professional Program Admission at the University of Illinois at Chicago. Click for Table of Contents Admission to the law school is based on the following factors: 1 The undergraduate academic record and the Law School Admission Test (LSAT) score. 2 The applicant’s choice of college major and electives. Preference is given to those who earned high grades in demonstrably more difficult courses. Pass/fail or ungraded work is not viewed favorably. 3 The maintenance of a diverse student body. Such things as ethnicity, background, and experiences of the applicant are considered. We also want to increase the number of states and schools that are represented in our student body. 4 Because of the high ethical standards to which lawyers are held, the failure to disclose an act or event is often more significant, and leads to more serious consequences, than the act or event itself. Failure to provide truthful and complete answers, or failure to inform the admission office of any changes to your answers at any time during your studies, may result in revocation of admission or disciplinary action by The John Marshall Law School. This may also be grounds for rejection for admission to practice law. Application Procedures Application for admission will be considered only upon receipt of the following: 1 A non-refundable $60 application fee, which must accompany the application. Fee waivers are not available. 2 A recent Law School Admission Test (LSAT) score. Test scores more than five years old are not accepted. 3 The Law School Data Assembly Service (LSDAS) report, which includes the LSAT score, writing sample and the candidate’s unofficial transcripts. Instructions and the registration form for the LSAT/LSDAS are contained in the Law Services Information Book, which is available at colleges, universities, and law schools, or may be obtained by visiting www.lsac.org. Candidates are urged to read all instructions carefully. 4 Your name and address printed or typed on the address side of the postcard, with proper postage. Complete the applicant portion of the data card. 5 The Test of English as a Foreign Language (TOEFL) and Test of Written English (TWE) for an applicant whose native language is not English, unless most college work has been completed in the United States. 6 A candidate whose college degree was earned in a foreign country must submit a copy of her/his transcript, translated into English. The LSDAS report is not required. These candidates must have their credentials evaluated by World Education Services. Instructions may be obtained by contacting World Education Services Inc. via telephone: 212.966.6311 or 312.222.0882; email: [email protected]; or mail: P.O. Box 745, Old Chelsea Station, New York, NY, 10113-0745 or P.O. Box 11623, Chicago, IL, 60611-0623. THE 72 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Admission Upon notification of acceptance to the August entering class, a non-refundable tuition deposit of $200 is required by April 15. A second deposit of $200 is due June 1. Students accepted to the January entering class must also pay this deposit. If the deposit is not paid within the specified time, the acceptance will be canceled. If an applicant re-applies and enrolls within two years of the date of receipt of the tuition deposit, it will be credited to tuition. After acceptance and before the first day of classes, an immunization form and an official transcript that shows that the applicant’s undergraduate degree has been awarded must be sent to the Admission Office. Campus Visits Open houses for accepted and prospective applicants are held prior to the start of classes each semester in order to provide a forum for prospective students to meet members of the faculty and staff, students, and alumni. In addition, student ambassadors volunteer their time to give tours of the school to prospective students. Arrangements may be made with the Admission Office. Please consult the academic calendar (inside front cover), as tours are more difficult to schedule during examination periods and are not scheduled during school holidays. While the office appreciates one week’s notice for tours, we realize this is not always possible, and we will try to accommodate your needs. Transfer Students Admission of transfer applicants is always discretionary. Transfer applicants must have completed between 24 and 30 semester hours at an ABA-accredited law school that is also a member of the Association of American Law Schools. Transfer applicants must be in good standing and eligible to re-register at their own law school. Official transcripts, a letter of good standing from the student’s law school, and a copy of the LSDAS report are required. Applicants must have earned at least a 2.75 average on their law school work. Students who have transferred into John Marshall may not subsequently take additional hours at another law school. Auditors Members of the bar and law school graduates who are not yet members of the bar may, with permission of the Dean of the law school and depending on available space, enroll for a course without credit in the first professional school. The auditor is required to do all the work prescribed for the regular student enrolled for credit except take examinations. The fee for the auditor is the same as for a regular student. Foreign Lawyers Foreign lawyers who have been licensed to practice in a foreign country but not in the United States and who want to be admitted to the bar of Illinois may apply for admission to the J.D. program. See Items 1, 2, 4, 5 and 6 under Application Procedures. If accepted, and upon completion of 30 hours in this law school, the student’s foreign law school transcript will be evaluated and the student may be granted up to one year of credit toward the J.D. degree. Foreign lawyers who are not candidates for admission to the bar in any American state may apply to the graduate school. Please refer to the Graduate Programs section in this catalog (page 10). This school is authorized under federal law to enroll nonimmigrant alien students. Registration Requirement for New Students/State of Illinois Immunization Law Proof of immunization against some preventable communicable diseases is required of all students born on or after January 1, 1957, under section 694 of Title 77 of the Illinois Administrative Code. In order to attend classes (of six or more credits) in any postsecondary institution in Illinois, you must prove that you are immune to measles, mumps, rubella, and diphtheria. Anyone born before January 1, 1957, is presumed immune and does not have to supply any further information. The following is a list of conditions for proof of immunization: D I P H T H E R I A / T E TA N U S Any combination of three or more doses of DTP, DP or Td vaccine, with the most recent dose having been received within 10 years of enrollment. MEASLES Two immunizations after 1968, the first one on or after one’s first birthday, or a blood test that proves adequate immunity. MUMPS AND RUBELLA One immunization after 1969 and on or after one’s first birthday, or a blood test proving immunity to mumps and rubella. Combination vaccinations given after 1972 meet the state requirements. One must still have two immunizations that include a measles vaccine. A history of having had the disease is acceptable only for measles and mumps and does not constitute proof of immunity to rubella. For The John Marshall Law School to accept a history of measles or mumps as proof of immunity, we must have the date that the student was diagnosed with the disease and the signature of the diagnosing health care professional. (These are required by the immunization law.) If a student has any doubt about his or her immunization history or if any of the vaccinations are not within the dates outlined above, the student must be immunized again or have a blood test to prove immunization. Immunizations are available for a nominal fee from the county health department. If you have any questions, call the Admission Office at 312.987.1406. A form will be sent to accepted applicants. Click for Table of Contents THE 73 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Graduate Admission Advanced Degree Admission Advanced Degree Admission Periods The John Marshall Law School enrolls entering classes in August and January each year. (The Master of Science programs offer only an August enrollment.) Applications for the Fall semester should be filed by August 1. Applications for the Spring semester should be filed by December 1. If you are unable to meet these deadlines, please contact the Advanced Degree Admission Office as soon as possible. Admission Criteria for LL.M. in Employee Benefits Information Technology and Privacy Law Intellectual Property International Business and Trade Law Real Estate Tax Law Admission Criteria for M.S. Degree Applicants for the M.S. programs are required to meet one of the following criteria: 1 Graduate of an accredited college or university, holding at least a bachelor’s degree. 2 Graduate of a foreign educational institution, holding at least the equivalent of a U.S. four-year degree. Applicants who speak English as a second language must present an acceptable score on the TOEFL (Test of English as a Foreign Language) and a sample of legal writing. An acceptable score on the TOEFL is 250 (computer test) or 600 (paper test) or 80 (Internet-based test) or higher. These TOEFL scores are not absolute minimum requirements and are admission guidelines. We will take into account all admission criteria as well as experience in an English-language setting, writing ability, etc. LL.M. & M.S. Application Procedures 1 Member of the bar of any state, territory, or the District of Columbia of the United States. 2 Graduate of a law school approved by the American Bar Association who is not a member of the bar. 3 Member of a foreign bar or graduate of a foreign law school. Applicants who speak English as a second language must present an acceptable score on the TOEFL (Test of English as a Foreign Language) and a sample of legal writing. An acceptable score on the TOEFL is 250 (computer test) or 600 (paper test) or 80 (Internetbased test) or higher. These TOEFL scores are not absolute minimum requirements and are admission guidelines. We will take into account all admission criteria as well as experience in an English-language setting, writing ability, etc. 4 Qualified student pursuing a J.D. degree at The John Marshall Law School who wishes to simultaneously pursue an LL.M. degree. Admission Criteria for LL.M. in Global Legal Studies 1 Member of a foreign bar or graduate of a foreign law school. No member of the bar in any U.S. jurisdiction or graduate of a U.S. law school may enroll. 2 Member of a foreign bar or graduate of a foreign law school. Applicants who speak English as a second language must present an acceptable score on the TOEFL (Test of English as a Foreign Language) and a sample of legal writing. An acceptable score on the TOEFL is 250 (computer test) or 600 (paper test) or 80 (Internetbased test) or higher. These TOEFL scores are not absolute minimum requirements and are admission guidelines. We will take into account all admission criteria as well as experience in an English-language setting, writing ability, etc. Application for admission will be considered only upon receipt of the following: 1 A $60 application fee, which must accompany the application This fee is non-refundable. Fee waivers are not available. 2 Completed LL.M. or M.S. application form. 3 Current résumé. With the exception of Information Technology, all M.S. degrees require a minimum of five years of experience in the relevant industry. 4 Statement of purpose (question 5 on LL.M. and M.S. applications). 5 Writing sample, required for the Master of Science degree programs. Refer to the application form for examples of appropriate types of writing samples. 6 TOEFL score for an applicant whose native language is not English, unless college work has been completed in the United States. 7 A candidate whose college degree was earned in a foreign country must submit an original transcript, translated into English. In addition, these candidates must have their credentials evaluated by World Education Services, Inc. nstructions on the evaluating of credentials may be obtained by writing WES, Bowling Green Station, P.O. Box 5087, New York, NY, 10274–5087 or P.O. Box 11623, Chicago, IL, 60611–0623; by e-mail, [email protected]; or by telephone, 800.937.3895 or 312.222.0882, or from the Web site at www.wes.org. Upon notification of acceptance, a non-refundable tuition deposit of $200 is required ($500 for foreign applicants). If the deposit is not paid within the specified time, the acceptance will be canceled. If an applicant re-applies and enrolls within two years of the date of receipt of the tuition deposit, it will be credited to tuition. After acceptance and before the first day of classes, an immunization form and an official transcript that shows the Juris Doctor or Baccalaureate degree has been awarded must be sent to the Graduate Admission Office. Click for Table of Contents THE 74 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Financial Aid Financial Aid A variety of financial aid programs, including loans, scholarships, grants and need-based aid, are available to John Marshall students. Merit scholarships and grants are awarded to entering students on the basis of academic achievement, undergraduate course work and LSAT scores. All eligible students may apply for student loans. Loan and Financial Aid Application Procedures for Entering Students: 1 The Free Application for Federal Student Aid (FAFSA), The John Marshall Financial Aid Application, and instructions on how to apply for Federal Stafford Loans are mailed to applicants upon acceptance. 2 Financial aid applicants who are accepted for admission to John Marshall may be required (upon request) to forward a copy of their federal income tax return and W-2 statements to the Financial Aid Office. 3 Upon receipt of all necessary documents, the Financial Aid Staff will send award letters to all accepted candidates. The award letter will contain eligibility information for the Federal Stafford Loan program and include any merit-based scholarship amounts that the candidate has been awarded. 4 After receiving the award letter, the accepted candidate should follow the instructions on the letter. The candidate will need to return a signed copy of the award, indicating the amount he or she wishes to borrow, and a Stafford Loan Master Promissory Note. 5 The Education Amendments of 1976 require institutions to limit federal financial aid to those students who, according to institutional standards, are matriculants in good standing with satisfactory academic progress. Please see the current Student Handbook for the rules governing satisfactory academic progress. Special Aid Programs Veterans Assistance The law school is authorized to train veterans under Title 38, U.S. Code. The veterans coordinator at the school serves as a liaison between students who are veterans of military service and the Veterans Administration. To ascertain eligibility for benefits under these laws, students should contact the Veterans Administration. The Illinois Veterans Grant cannot be used at The John Marshall Law School. Illinois Division of Rehabilitation Training The school is on the approved list of the Division of Rehabilitation of the Board of Vocational Education and Rehabilitation. The division is authorized to pay for the educational training of persons eligible for rehabilitation. It serves both handicapped non-veterans and handicapped veterans whose benefits under U. S. law have been exhausted or terminated before rehabilitation was complete. Tuition Exchange The John Marshall Law School is the only independent law school that is a member of a program called Tuition Exchange. Children of faculty or staff at more than 340 colleges and universities that belong to Tuition Exchange may receive scholarship assistance while working toward their J.D. degree at The John Marshall Law School. Those eligible under this program should file a request for financial aid along with their application for admission. Loans several private loan programs are available. Eligibility for these loans is generally based on the student’s credit history. For further information, contact the Financial Aid Office. Federal Stafford Loan (Subsidized) To determine loan eligibility, all students applying for Stafford Loans are required to complete the FAFSA form. Students who qualify (analysis is based on income and assets) may borrow up to $8,500 per academic year. Banks and other lending institutions advance these funds, which are guaranteed by the federal government. Alumni Student Assistance Program The program, established by The John Marshall Law School Alumni Association Board of Directors in 1994, provides emergency grants of up to $500 to qualified law students for expenses owed directly to The John Marshall Law School. Such expenses might include tuition or books. Federal Stafford Loan (Unsubsidized) This loan has the same terms and conditions as the subsidized Federal Stafford Loan, except that the borrower is responsible for interest that accrues while he or she is in school. Students may borrow up to $18,500 annually in combination with the Subsidized Federal Stafford Loan. Scholarships, Grants & Need-Based Aid Private Educational Loans & Grad PLUS Loans For students who require more than the $18,500 funding available annually through the Federal Stafford Loan program, Click for Table of Contents 75 A variety of scholarships are available from the law school as well as from outside sources. A brochure describing these scholarships is available in the Admission and Financial Aid offices. Please see the assistant director of Admission and Financial Aid for more information. THE JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Tuition & Fees Refund Policy Tuition & Fees During the registration period each semester, students must enroll in an academic program of required or elective courses. Specific procedures are provided by the director for academic services prior to the registration period for that semester. Tuition Tuition, first professional program, per semester hour -$1035 except as stated below, and subject to future change normal full-time load is 14–16 hours normal part-time load is 8–11 hours Graduate programs tuition, per semester hour - - - - - -$1035 Students receiving guaranteed loans or rehabilitation funds are required to pay tuition as designated by the controller. Questions concerning any financial policies should be directed to the controller’s office. Students who feel that individual circumstances warrant exception from the published payment policy may file a written appeal with the office of the associate dean for administration. General Fees Application fee, non-refundable - - - - - - - - - - - - - - - - -$60 Foreign applicants, non-refundable - - - - - - - - - - - - -$70 Tuition deposit, (J.D.), non-refundable/applicable to tuition - - - - - - - - - - -$400 Tuition deposit, (LL.M.), non-refundable/applicable to tuition - - - - - - - - - - -$200 Foreign applicants - - - - - - - - - - - - - - - - - - - - - - - - -$500 Registration per semester/non-refundable - - - - - - - - - - - - - - - - -$50 summer term/non-refundable - - - - - - - - - - - - - - - -$50 Late registration fee - - - - - - - - - - - - - - - - - - - - - - - - -$25 Change of registration fee during add/drop period - - - -$30 Change of registration fee after add/drop period - - - - -$50 Deferred payment charge, per payment - - - - - - - - - - - - -$3 Late payment fee, daily/per payment - - - - - - - - - - - - - -$3 NSF fee - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -$50 A student who withdraws from The John Marshall Law School for any reason may be entitled to a refund calculated in accordance with the law and applicable regulations. Return of Title IV Funds/Institutional Refund Policy A student who withdraws from The John Marshall Law School for whatever reason may be entitled to a refund calculated in accordance with the law and applicable regulations. The John Marshall Law School Refund Policy* For students who withdraw completely from The John Marshall Law School, the law school retains the following tuition: Withdrawal after registration but before classes begin -$400 During the first two weeks of class - - - - - - - - - - - - - -10% After the end of two weeks of class, but before the end of the fourth week - - - - - - - - - - - - - - - - - - - - - -20% After the end of four weeks of class, but before the end of the fifth week - - - - - - - - - - - - - - - - - - - - - - -30% After the end of five weeks of class, but before the end of the seventh week - - - - - - - - - - - - - - - - - - - - -40% After the end of seven weeks of class, but before the end of the eighth week - - - - - - - - - - - - - - - - - - - - - -50% After the end of eight weeks of class, but before the end of the ninth week - - - - - - - - - - - - - - - - - - - - - -60% After the end of nine weeks of class - - - - - - - - - - - - -100% *The John Marshall Law School refund policy set forth above applies to the spring and fall semesters. The John Marshall Law School refund policies for the summer sessions are included in summer registration information. Other Fees Exam fee for deferred, special, or make-up exams - - - - -$35 Single transcript fee - - - - - - - - - - - - - - - - - - - - - - - - - -$5 Time certificate/Certificate of Good Moral Character/ Transcripts/or other required paper for bar admission for non-graduates - - - - - - - - - - - - - - - - - - - - - - - - - - - - -$5 Locker rental fee (optional) per semester (spring, summer or fall) - - - - - - - - - - - - -$5 per year - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -$15 Transfer Credit Processing Fee (for John Marshall students taking courses at other schools) - - - - - - - - - - -$60 Transfer Packet (for students transferring to another law school —includes letter of good standing, JMLS transcript, class rank, and copy of LSDAS summary sheet) per packet - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -$50 CTA U-Pass, mandatory for full-time students per semester, fall and spring - - - - - - - - - - - - - - - - - -$87 per semester, summer - - - - - - - - - - - - - - - - - - - - - - -$40 Click for Table of Contents THE 76 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Rules Return of Title IV Funds If a student who withdraws is receiving Title IV Financial Aid (Federal Stafford Loans), the following rules regarding the return of Title IV funds apply: A student’s withdrawal date will be the last date the student attended classes. The percentage of the semester the student completed is determined by dividing the number of calendar days in the term up until the withdrawal point by the total number of calendar days in the term (excluding scheduled breaks of five or more days): Days student attended divided by days in term = percentage of semester completed The amount of Title IV aid the student has earned is dependent upon the percentage of the semester completed. If the percentage of the semester completed is less than 60%, the percentage of Title IV aid earned by the student equals the percentage of the semester completed. If the percentage of the semester completed is greater than 60%, the percentage of Title IV aid earned equals 100%. This 60% threshold cannot be reached by rounding up. The amount of Title IV aid disbursed minus the amount of Title IV aid earned equals the total Title IV aid to be returned, either by the school or by the student. If the school holds the funds that are to be returned, the funds will be sent directly to the student’s lender. If the student holds the funds that are to be returned, the return of funds will be rolled into the student’s repayment of the Stafford Loan. Academic Rules Graduation Requirements The Juris Doctor Degree The Juris Doctor degree is conferred upon candidates who have fulfilled the following requirements: 1 Earned credit for at least 90 semester hours of law study (60 of these hours must be earned at The John Marshall Law School). 2 Academic standing: Obtained an overall grade point average of at least 2.25. 3 The maximum period of time for a law student to complete requirements for the degree is seven years. Students are responsible for ensuring that they have complied with the Juris Doctor requirements. The student is urged to obtain a credit check from the Office of Academic Services before or during his/her fifth semester in residence, if one has not already been issued by the school. Students are also advised to take more than the minimum number of academic credits required (90) in the event that they receive a failing grade in their final semester. The minimum course load, which is permitted only with the approval of the associate dean for academic services, is 12 semester hours in the full-time program and eight semester hours in the part-time program. Under no circumstances are part-time students permitted to register for more than 11 hours. Full-time students may not register for more than 16 hours. A student’s status as a full-time or part-time student is determined by his/her registration each semester. A full-time student is a day student who registers for 12 or more credits and passes at least nine credits. All other students are part-time students. A student who wishes to withdraw from a course during the semester must request permission in writing from the director for academic services. Permission to withdraw from a course after six weeks into the semester will be granted only with proof of extraordinary circumstances, such as grave illness. Students will automatically receive a failing grade for any unauthorized or nonapproved withdrawal. Attendance Full-time/Part-time Programs and Enrollment Course content is the same in the full-time and part-time programs. The disciplines of study, instruction, research, and examination are also the same. Students will initially register in either the full-time or part-time program. A part-time student may transfer to the full-time (day) program after completing one entire semester of study, with approval from the director for academic services. Course Load The board of law examiners in each state requires a certificate of attendance from an applicant’s law school in order to take the bar examination. To execute this certificate faithfully, the school must insist on regular attendance, so students are required to attend all scheduled classes. Under no circumstances will credit be given for courses in which the student is absent more than 25% of the total number of class meetings. A student absent for more than 25% of the total number of class meetings will not be allowed to write the examination and will receive a grade of WF (withdraw/fail) for the course. A normal academic course load is 15 semester hours in the full-time program and 10 or 11 semester hours in the part-time program. Click for Table of Contents THE 77 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Rules Examinations and Grades A written examination at the conclusion of each course will ordinarily be the principal determinant of a student’s grade. However, interim examinations, briefs of cases, and other assignments may be taken into account. Class preparation and participation are essential components of the educational process. Individual professors may develop class rules and grading procedures that take into account a student’s fulfillment of those responsibilities. Each student is responsible for verifying the date, time, and place of his or her examinations and for taking them at the scheduled times, unless there is a direct conflict in scheduling (i.e., same day, same time; or start times within 18 hours of each other). A student who, for good cause shown in writing, fails to take a course examination with the class will be required to take the examination the next time it is given. A grade of “Incomplete” will be given in the course until the examination has been written. The grade of “Incomplete” shall automatically convert to an “F” at the end of classes for the following semester unless the student shall, before such date, have either taken the examination or arranged for a date certain to take the examination. This rule will also apply to courses in which a trial is the primary basis for the grade. A special examination fee will be charged for make-up or special examinations. Failure to write an examination at the time designated will result in an automatic grade of “F” being entered on the record. A student who, for good cause shown in writing, does not complete a paper in a seminar by the end of classes for that semester, shall receive a grade of “Incomplete.” If the paper is not completed by the end of classes for the following semester, the grade of “Incomplete” shall automatically convert to an “F.” Each professor shall have the responsibility for notifying the Registrar that the work has been completed. A student who does not officially drop a course, drops without permission, fails to take an examination, or fails to complete course work, receives a grade of “WF” for that course. A student who wants to review his/her examination booklet after the grades have been submitted to the associate dean for academic services should make an appointment with his/her professor. Click for Good Academic Standing To be in good academic standing, a student must maintain a grade point average of 2.25 in all the work undertaken. C– and D grades earn the stated academic credit; however, an F grade earns no academic credit and the course, if required, must be retaken immediately. Registration, class attendance, and participation in Law School activities is conditioned upon good academic standing. For the purpose of determining a student’s academic standing, cumulative grade point averages will be determined only at the completion of the fall and spring semesters. Individual students whose overall class rank after completion of the required first year classes (at the end of the second semester on day division schedule, at the end of the third semester on the evening schedules) indicates that they will have difficulty doing adequate work in upper division classes and are at risk of failing pertinent licensing examinations, shall be considered “at risk.” The faculty may, by rule, establish special academic rules and requirements for “at risk” students. See the Student Handbook for more information. Repeating Courses A student who receives a failing grade (F or WF) in a required course must repeat that course at the earliest opportunity. There is no restriction on the grade that can be earned upon repetition. Otherwise, a student may not repeat any course for academic credit in which a grade has been received. All grades received by the student, including failing grades, will be included in the computation of grade averages. Tuition will be charged for repetitions. Probation and Academic Dismissal Policy Examination Review Table of Contents Academic Requirements A student who attains a grade point average of below 1.75 in the first semester of law school will be dismissed. A student whose cumulative grade point average is below 2.25 at the end of any fall or spring semester will be placed on academic probation, and must raise his or her cumulative grade point average to at least 2.25 by the end of the next semester in which the student enrolls and one adjacent or prior summer term. A student is eligible for probation only once; if a student’s cumulative grade point average again falls below 2.25 after any subsequent fall or spring semester, the student will be dismissed. THE 78 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Rules The Grading Curve Curve I Grading System In Civil Procedure I, Constitutional Law I, Contracts I & II, Criminal Law, Property, and Torts, provided the enrollment is 20 or more students, faculty shall conform their grades to the following standards: A+ 4.01 A 4.00 A– 3.67 B+ 3.33 B 3.00 B– 2.67 C+ 2.33 C 2.00 C– 1.67 D 1.00 F 0.00 Grades of B+, B, and B– shall be awarded to no fewer than 35% and no more than 45% of the class. WF 0.00 W 0.00 Grades of C+, C, and C– shall be awarded to no fewer than 15% and no more than 25% of the class. Provisions Required Grades Grades of A+, A, and A– shall be awarded to no fewer than 20% and no more than 30% of the class. Because of the required 2.25 cumulative grade point average, a student must earn a number of grades above “C” to remain in school and graduate. A student who receives only C’s during his or her first two semesters will have a cumulative average of 2.00 and will be ineligible to continue in school. For these reasons, any grade of C is considered marginally acceptable. Grades of D and F shall be awarded to no fewer than 10% and no more than 20% of the class. Required Cumulative Average For the class as a whole, the cumulative average grade shall fall between 2.40 and 2.80, inclusive. A student on probation must take a minimum of 12 semester hours in the full-time program or 8 semester hours in the part-time program. Failure to register for the required number of hours without prior approval of the director for academic services will be treated as the equivalent of failure to attain a 2.25 grade point average for the semester. Curve II In every J.D. course not subject to Curve I, other than Lawyering Skills and Trial Advocacy, provided the enrollment is 25 or more students, faculty shall conform their grades to the following standards: Required Grades Reservation of Rights The law school reserves the right to change its academic rules from time to time as is specified in the Reservation of Rights provisions set out in the current Catalog (page 133). Grades of A+, A, and A– shall be awarded to no fewer than 25% and no more than 40% of the class. Grades of B+, B, and B– shall be awarded to no fewer than 35% and no more than 50% of the class. Readmission Students dismissed for academic reasons may apply for readmission. The current readmission policy is set forth in the Student Handbook. Readmission is not a matter of right; instead, it is within the sound discretion of the appropriate committee. Any student applying for readmission bears the burden of demonstrating that his/her performance to date does not accurately reflect his/her ability to successfully complete law school. Grades of C+, C, and C– shall be awarded to no fewer than 10% and no more than 25% of the class. Grades of D and F shall be awarded to no fewer than 0% and no more than 10% of the class. Required Cumulative Average For the class as a whole, the cumulative average grade shall fall between 2.70 and 3.10, inclusive. B A R P A S S A G E R AT E S February 2006 - - - - - - - - - - - - - - - - - -first-time takers 80% Retention Figures The following information is provided pursuant to Department of Education requirements: Entered Fall 2005 - - - - - - - - - - - - - - - - - - - - - - - - -393 Academic dismissal first semester - - - - - - - - - - - - - - -6% Academic dismissal after first year - - - - - - - - - - - - - -2% Voluntary withdrawals - - - - - - - - - - - - - - - - - - - - -3% Retention - - - - - - - - - - - - - - - - - - - - - - - - - - - - -89% Entered Fall 2002 day - - - - - - - - - - - - - - - - - - - - - -281 Entered Fall 2001 evening - - - - - - - - - - - - - - - - - - - -60 Graduated June 2004 or in school - - - - - - - - - - - - -263 Academic Dismissal - - - - - - - - - - - - - - - - - - - - - - -8% Voluntary withdrawals - - - - - - - - - - - - - - - - - - - - -13% Retention - - - - - - - - - - - - - - - - - - - - - - - - - - - - -79% Click for Table of Contents Interruption of Study Applicants who seek to resume their legal studies will be evaluated according to the length of the absence, their college record and law school performance. Those interested must write the registrar for instructions. THE 79 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Academic Rules Enrollment in Another Law School With prior approval, John Marshall students may take up to 6 hours of elective credit at another American Bar Associationapproved law school. Credit for the work is subject to certain restrictions, including a requirement that the student achieve a minimum grade of C. Courses in which students received grades of C or lower will not be accepted. Credit accepted from other approved law schools is not computed in the John Marshall cumulative average. Approval will not be granted if the same course is given at John Marshall, except for summer programs offered by a law school in another city. The student’s last 30 semester hours must be taken at The John Marshall Law School. Students who have transferred into John Marshall may not subsequently take additional hours at another law school. In order to participate in summer abroad programs at another law school, a student must have completed a minimum of 29 semester hours and be in good standing. Disability Policy There are a number of students with disabilities enrolled in the law school. The school works with these students to accommodate their individual needs. A student who asks for reasonable accommodations due to a specific disability must provide acceptable evidence of the disability. The school may require the student to take designated tests at his or her expense from a qualified medical or educational professional chosen by the school. Please see the office of the director for academic services for information. Discipline and Behavior Each student is admitted upon the condition that if a student’s continued enrollment in the law school, in the opinion of the faculty, would not be in the law school’s best interests or if he or she is not a person of character or integrity to be qualified for admission to the legal profession, he or she may at any time be suspended or dismissed by the faculty. A student may be similarly disciplined if his or her behavior endangers the activity, safety, welfare, or property of a member of the law school community or of the law school itself. Rules pertaining to this procedure are found in the Student Handbook. Rules for Disciplinary Proceedings The rules for disciplinary proceedings are found in the Student Handbook. Transcripts No official transcript of record is given directly to a student or to a graduate. An official transcript will be sent to another school or to any authorized agency upon request to the office for academic services. A transcript will not be issued unless all fees owed to the school are paid. There is a $5 fee for each transcript requested. Click for Table of Contents Academic Rules for Advanced Degree Programs The academic rules of the J.D. program will apply to the LL.M and M.S. programs except to the extent that the following is different from the J.D. program academic rules: Classes Outside Program With the approval of the program director, an LL.M. student may take up to six credit hours in classes outside of his/her own program. A student may take more than six credit hours of classes outside his/her own program only with permission of the program director and the associate dean for advanced studies and research. Time to Complete Program A student will have five years from the date of matriculation to complete the LL.M. or M.S. program. A student cannot take off more than two consecutive semesters without permission of the program director. Transfer Credits A program director may accept up to nine transfer credit hours from a matriculated student seeking to enter The John Marshall Law School LL.M. program from another institution. Degree Completion Under special circumstances, the program director may allow a student to take one or more courses at other institutions toward completion of the program's requirements for graduation from The John Marshall Law School. Minimum Grade Point Average to Graduate A student must have a cumulative grade point average of 2.5 to receive a degree in an LL.M. or M.S. program. Academic Probation and Dismissal for Poor Scholarship An LL.M. or M.S. student must achieve a cumulative grade point average (GPA) of 2.25 or better for the first six hours of credit taken. A student whose GPA is less than 2.25 after taking his or her first six credit hours shall be placed on academic probation and must raise his or her GPA to 2.25 or better at the time of completing the next six credit hours. If such a student on probation does not raise his or her cumulative GPA to 2.25 or better with the next six credit hours, that student will be academically dismissed. If such a student on probation raises his or her cumulative GPA to 2.25 or better within that six credit hour period, the student will be in good standing. However, if a student has once been on probation and successfully raised his or her GPA to 2.25 but has his or her GPA go below 2.25 at the end of any semester, such a student shall be academically dismissed at the end of that semester. A student on probation must take a minimum of four credit hours per semester. THE 80 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Curriculum Legal Writing Honors A student with a grade point average of 3.6 or higher may graduate with honors. Repeating “F” Each student shall repeat a required class in which he/she has received a failing grade. A student may repeat an elective class in which he/she has received a failing grade. Both grades will be calculated in the computation of grade point averages. Full-Time Student Definition For administrative and financial aid purposes, a student taking five or more hours in a semester is counted as a full-time student. Transfers Transfers from other external programs and from other internal programs must have approval of the associate dean for advanced studies and research. Student Code of Conduct The Student Code of Conduct for the J.D. students shall apply to all LL.M. and M.S. students. Joint Degree Students Joint degree (J.D./LL.M.) students remain subject to applicable academic rules of the J.D. program. Curriculum Core Courses The initial program consists of a core curriculum. These courses provide students with a fundamental store of knowledge about substantive legal concepts and rules. This knowledge includes analysis of cases, statutes, and other sources of law; recognition of relevant facts from a mass of raw data; effective oral and written communication; advocacy; and organization and management of legal work and ideas. This store of knowledge is the core of information that all lawyers must possess and that all students must obtain before they can progress to the second and third years of legal education. As part of its curriculum, John Marshall requires four semesters of study in its Lawyering Skills Program. Good lawyering requires many practical skills, including legal analysis and reasoning, analytical writing, persuasive writing, oral advocacy, drafting, and counseling. The first semester focuses on the structure of the legal system, sources of law, reading and briefing cases, legal reasoning and analysis, predictive writing in law firm memoranda, and basic legal research. The second semester introduces persuasion and brief writing, and includes a discussion of rhetoric, the techniques of persuasive writing, an introduction to oral advocacy, and comprehensive training in online research. The third semester Herzog Competition is devoted to advanced written and oral advocacy, and incorporates a moot court competition. For the final semester, students may choose either a general or a specialized drafting course. Each drafting course has prerequisites, and the assignments are rigorous and comparable to the types of projects lawyers will encounter in practice. The general practice drafting course focuses on advising clients and creating documents, including wills, contracts, and other documents the general practitioner works with on a daily basis. The specialized drafting courses include specializations in civil litigation, real estate transactions, intellectual property, information technology, international business law, family law, business planning, and others. All courses in the Lawyering Skills curriculum are taught in small sections so that faculty can work with students individually. Individual student conferences are an integral part of each Lawyering Skills course. The core curriculum consists of the following courses: Property (4) Criminal Law (3) Torts (4) Evidence (4) Trial Advocacy (3) Civil Procedure I & II (3-3) Lawyering Skills I, II, & III (8) Constitutional Law I & II (3-3) Professional Responsibility (3) Contracts I & II (3-3) Herzog Moot Court (1) Click for Table of Contents THE 81 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Clinics/Externships Clinical and Externship Programs T he John Marshall Law School provides its students the opportunity to gain an understanding of the basic competencies expected of attorneys. In addition to the many courses that help meet this commitment, the law school has established a clinical legal education program, an academic program for which credit may be received. Registration in a clinic placement is limited to students in good standing who have earned at least 30 credit hours. A maximum of 10 clinic hours may be credited toward a student’s degree requirement, of which a maximum of six may be taken in judicial or basic externships. Permission of the director is required for registration. Students must consult the director for specific requirements and rules applicable to the program. Fair Housing Legal Clinic The law school operates the Fair Housing Legal Clinic, where students represent clients who have been denied housing because of race, color, national origin, sex, disability, familial status, marital status, age, source of income, or sexual orientation. As a prerequisite, students must take a two-hour seminar on fair housing law and practice. In addition to educating students on the substance of fair housing law, the clinic offers an opportunity to participate in federal and state court litigation and administrative proceedings. Students draft pleadings, prepare motions, participate in hearings for temporary restraining orders and preliminary injunctions, conduct discovery, and assist in trials and hearings and possibly appeals. Professor Michael P. Seng serves as executive director and Clinical Professor F. Willis Caruso is the clinical director; Clinical Professors Joseph R. Butler and Damian Ortiz teach full-time in the clinic (see faculty profiles starting on p.37). Clinical Legal Education in Intellectual Property (1-4) Students selected to participate in this program work with intellectual property attorneys in private and corporate practice approved by the law school. Patent and Trade Secret Law and Trademark and Copyright Law are prerequisites. Defender’s Clinic (1-4) The Defender’s Clinic offers John Marshall students the opportunity to work directly with the attorneys of the Cook County Public Defender’s Office, and surrounding county defender’s offices, in preparing the defense of criminal misdemeanor and felony cases. Students are assigned to various courtrooms to assist with investigations, witness preparation, client counseling, discovery, motion practice, and hearings. An experienced supervisory-level assistant public defender teaches the classroom component of this clinic. Placements are also possible in the federal defender’s office, as well as the state appellate defender’s program. Department of Labor (DOL) Externship Program (3-4) Students selected to participate in this program work with the attorneys at the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor’s Chicago Regional Office. The educational objectives of this course include practical experience in employee benefits law; development of research, writing, and drafting skills; and preparation of memoranda, discovery documents, and guidelines to assist pension investigators and auditors. Professor Kathryn J. Kennedy is the director. Lewis W. Powell III, Adjunct Professor Lewis W. Powell III is a graduate of The John Marshall Law School and teaches part-time at the clinic. Formerly, he was associated with Smith and Lyle, and Jones Ware and Grenard. He has more than 10 years of administrative background with governmental agencies. Presently, he is in private practice and is a licensed real estate broker. Edward A. Voci, Adjunct Professor Edward Voci, formerly general counsel to the Leadership Council for Metropolitan Open Communities, consults with the clinical students and teaches. Lillian Seymore, Coordinator of Testing Lillian Seymore has a Master of Arts degree in Human Development and Urban Teacher Education from Governors State University and an Illinois Education Administrator’s Certificate from Chicago State University. Click for Table of Contents Employee Benefits Practicum (3-4) The Employee Benefits Practicum was added to the curriculum to provide students with a hands-on experience in employee benefits practice. Under careful supervision, the student will work with a member of the adjunct faculty in one of the various settings where employee benefits lawyers practice: law firms, consulting firms, corporations, or government. The course is intended to meet the needs of the individual student who has not yet had significant practice experience in the field of employee benefits law. Immigration Law Clinic (1-3) Students selected to participate in this program work with attorneys at the Midwest Immigrant & Human Rights Center as well as with other attorneys approved by the law school. The educational objectives of the course include the development of case preparation and litigation skills in the administrative law context and the development of professional values through the exposure to clients in a multicultural setting. Professor Michael G. Heyman is the director. THE 82 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Clinics/Externships Clinical and Externship Programs Internal Revenue Service (IRS) Externship Program (3-4) Local Government Clinic (1-4) Students who choose the Local Government Clinic work in various divisions of either the City of Chicago’s Corporation Counsel’s Office or the State of Illinois Attorney General’s Office, or other governmental placements, pursuant to their student practice licenses issued under Illinois Supreme Court Rule 7.11. At these agencies, the students are offered a wide variety of assignments designed to introduce them to the intricacies of municipal and state government work. Cases range from criminal prosecutions and criminal and civil appellate matters to federal employment and individual defense litigation. Students observe and participate in depositions, motion practice, arbitrations and hearings, all under the supervision of practicing attorneys. Students selected to participate in this program work with the attorneys of the Office of Chief Counsel of the IRS’ Small Business/Self-Employed Division Counsel, Large and Mid-Size Business Division Counsel, or Tax Exempt/Governmental Entities Counsel. The educational objectives of the course include practical experience in tax/employee benefits law; development of research, writing, and drafting skills; and preparation of pleadings, discovery documents, stipulations of fact, and trial memoranda used in Tax Court cases. Professor Kathryn J. Kennedy is the director. Judicial Externship Program Students selected to participate in this program work in chambers with a state, state appellate, or federal judge and assist the judge in the resolution of disputes. Each student works in a capacity similar to a judicial law clerk and is monitored and evaluated by adjunct professor Appellate Justice Michael Gallagher, as well as by the judge for whom the particular student works. The educational objectives of the course include legal problem solving, legal research and writing, professional responsibility, and legal process. Associate Director of the Center for Advocacy and Dispute Resolution Susann MacLachlan is the director. Pension Benefit Guaranty Corporation (PBGC) Summer Externship Program in Washington, D.C. (3-4) Students selected to participate in this program work with the PBGC attorneys, accountants, and actuaries over the summer months in Washington, D.C. The PBGC is a federal corporation created by the Employee Retirement Income Security Act of 1974. It insures private single-employer and multi-employer defined benefit pension plans. The education objectives of this externship include practical experience in defined benefit plans and their terminations; to further develop research, writing and drafting skills; to learn practical lawyering skills of document review and application of law and policy. Consultation with and approval of the director of the program is required for registration. The Lawyering Process (1-4) Students selected to participate in this program work with attorneys in various public or private sector placements. The course examines the issues and responsibilities confronted by new attorneys as they strive to develop skills in their chosen field of practice. Professor Kenneth Kandaras is the director. Pension Rights Center Externship Program (3-4) The Litigation Practicum (1-4) Students selected to participate in this program work with attorneys approved by the law school. The educational objectives of the course include litigation skills (including problem solving, fact investigation, legal analysis, communication, and trial advocacy skills) and learning the litigator’s ethical and professional responsibilities. Professor Kenneth Kandaras is the director. The following are among the more than 80 possible placements for eligible students: Bureau of Alcohol, Tobacco and Firearms Cook County Public Defender’s Office Cook County State’s Attorney’s Office Corporation Counsel’s Office–City of Chicago DuPage County State’s Attorney’s Office Federal Defender Panel Program Federal Trade Commission Illinois Attorney General’s Office McHenry County State’s Attorney’s Office State Appellate Defender United States Attorney’s Office–Northern District of Illinois United States Environmental Protection Agency Click for Table of Contents Students selected to participate in this program will work closely with Pension Rights Center attorneys and personnel. The Pension Rights Center is the country’s only consumer organization dedicated solely to protecting and promoting the rights of American workers, retirees, and their families. It works in conjunction with the Pension Information and Counseling Project that has projects in Illinois, Massachusetts, Michigan, Minnesota, Missouri, New York, Ohio, Texas, and Wisconsin. The educational objectives of this externship include practical experience in developing research, writing, and drafting skills; to learn practical lawyering skills of document review; and to be involved in consumer outreach efforts. Consultation with and approval of the director of the program is required for registration. THE 83 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Clinics/Externships Profit Sharing/401k Council of America (PSCA) Externship Program in Chicago (3-4) Students selected to participate in this program work with the attorneys at the Profit Sharing/401k Council of America (PCSA). The PCSA is a national, non-for-profit association that offers assistance to their members regarding the administration, investment, compliance and communication of profit sharing and 401(k) plans. The educational objectives of this externship include practical experience in profit sharing and 401(k) plans; development of research, writing and drafting skills; preparation of memoranda and communication pieces to assist PCSA members. Consultation with and approval of the director of the program is required for registration. Real Estate Legal Practicum (2) A full-time student in his or her last semester of the LL.M. program who has completed Real Estate Transactions, Federal Income Tax, Commercial Real Estate, and Real Estate Finance may apply for a practicum. Students work under the supervision of an experienced attorney in a law firm, title company, or law department, and have an opportunity to see and experience how commercial real estate law is practiced. U.S. Department of Treasury Office of Tax Policy, Benefits Tax Counsel Summer Externship Program in Washington, D.C. (3-4) Prosecution Clinic (1-4) This program is designed for students who are seriously considering a career as a prosecuting attorney. Under direct supervision of attorneys in the criminal courtrooms, these students are allowed to participate in the investigation, preparation, motion practice, and trial of misdemeanor and felony cases. Several states attorney’s offices participate in this program, including Cook County and the surrounding Illinois counties of DuPage, McHenry, Lake, Will, and Kane; Porter County in Indiana; and Kenosha County in Wisconsin. The classroom component of the course is taught by an experienced prosecuting attorney from the Cook County state’s attorney’s office. Click for Table of Contents Students selected to participate in this program will work in The Department of Treasury’s Office of Tax Policy over the summer months in Washington, D.C. Each student will be assigned to an Office of Benefits Counsel supervising attorney, who is responsible for the extern’s orientation; introduction to attorneys, accountants and actuaries in that office; assignment of work; and final evaluation of performance. The educational objectives of this externship are to provide students with practical experience in a specialized area of employee benefits law by becoming thoroughly familiar with the legal and policy implications of the Office of Benefits Counsel within the Department of the Treasury. Consultation with and approval of the director of the program is required for registration. THE 84 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Curriculum Evening Division Day Division FIRST YEAR Prerequisites to advanced courses First Semester Contracts I Property Torts Lawyering Skills I FIRST YEAR Second Semester Hours 3 4 4 3 14 Contracts II Civil Procedure I Criminal Law Constitutional Law I Lawyering Skills II Hours 3 3 3 3 3 15 SECOND YEAR First Semester Hours Civil Procedure II 3 Constitutional Law II 3 * Evidence 4 Professional Responsibility 3 Herzog Moot Court Competition 1 Elective 2 Second Semester L.S. Drafting Electives Hours Prerequisites to advanced courses First Semester Contracts I Torts Lawyering Skills I 10 First Semester Civil Procedure I Constitutional Law I Criminal Law Elective THIRD YEAR First Semester * Trial Advocacy Electives Second Semester 3 Electives 15 12 15 Ninety hours are required for graduation. For students who enter in the fall semester, the moot court competition may also be taken in the summer term following the completion of their first full year of law school. Click for Table of Contents Hours 4 6 10 FOURTH YEAR First Semester Electives THIRD YEAR Hours 3 4 3 10 Second Semester Hours Civil Procedure II Constitutional Law II Herzog Moot Court Competition Professional Responsibility 3 3 1 3 10 * These required courses may be taken at any time during a student’s second or third year. The sequence listed here is merely suggested. Students should be aware, however, that Evidence is a prerequisite to Trial Advocacy. The Trial Lawyer course may be taken in lieu of these two required courses. Hours 3 3 3 2 11 First Semester * Evidence Electives 16 Second Semester Contracts II Property Lawyering Skills II SECOND YEAR 2 11-13 13-15 Hours 3 4 3 Second Semester Electives Hours 11 Second Semester L.S. Drafting * Trial Advocacy Electives Hours 2 3 6 11 Ninety hours are required for graduation. An additional six semester hours must be taken during summer terms, or an additional semester may be needed to complete the degree requirement. 11 * These required courses may be taken at any time during a student’s second or third year. The sequence listed here is merely suggested. Students should be aware, however, that Evidence is a prerequisite to Trial Advocacy. The Trial Lawyer course may be taken in lieu of these two required courses. THE 85 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Concentrations AREAS OF C O N C E N T R AT I O N Advocacy/Dispute Resolution While the core courses provide basic knowledge of the law, students may choose to pursue intensive training in one of the substantive areas of the law. The development of such depth provides students with an invaluable learning experience, even if they ultimately choose not to practice in that area of law. For this reason, students may elect to take several courses in one or more of the substantive areas of law listed, or in other areas that the faculty may from time to time suggest. The designated areas of concentration are: advocacy/dispute resolution business employee benefits estate planning general practice information technology law intellectual property law international law public interest law real estate law taxation SECOND YEAR Second Semester Advanced Trial Advocacy Conflict of Laws Suggested Elective: Labor Law Hours 3 3 3 9 THIRD YEAR First Semester Pretrial Practice in Civil Litigation Federal Courts Suggested Electives: Counseling & Negotiating Remedies Clinical Litigation Practicum Hours 3 3 SECOND YEAR First Semester Electives: Business Practices for Tax Lawyers (LL.M.) Banking Law Business Franchise Law International Trade Law Sales Transactions Secured Transactions Employment Law Hours 2-3 Suggested Elective: Unfair Competition & Trade Regulation 3 5-6 3 3 3 15 Second Semester Alternative Means of Dispute Resolution Electives Business Hours 2 12 Second Semester Agency and Unincorporated Business Entities Corporations 3 3 Suggested Elective: Securities Regulation Electives 3 2 11 14 THIRD YEAR First Semester Income Tax Bankruptcy Payment Systems Law Suggested Elective: History of American Legal System Hours 3 3 3 2 11 Second Semester Antitrust Taxation of Corporations Counseling & Negotiating 3 3 3 Suggested Elective: Business Planning & Drafting 3 12 Click for Table of Contents Click for THE 86 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Index J.D. Concentrations Employee Benefits Estate Planning General Practice SECOND YEAR SECOND YEAR SECOND YEAR First Semester Civil Procedure II Constitutional Law II Herzog Moot Court Professional Responsibility Electives Hours 3 3 1 3 6 (3) (3) (2) Hours 3 2 First Semester Income Taxation Estates & Trusts I 5 Second Semester Estates and Trusts I Electives: Conflict of Laws Corporations Family Law Real Estate Transactions 16 Suggested electives: Income Taxation Employee Benefits Elder Law Seminar First Semester Income Taxation Elective 3 7 6 Second Semester Real Estate Transactions Corporations Family Law Suggested Elective: Employment Law 2 3 11 THIRD YEAR Suggested Electives: Labor Law (3) Taxation of Corporations (3) 15 THIRD YEAR First Semester Hours Evidence 4 Business Planning & Drafting 3 Electives 7 Second Semester Estate Planning & Drafting Seminar Electives 14 Suggested Electives: Survey of Welfare Plan Issues (2) Survey of Executive Compensation Plans (2) Fundamentals I of Retirement Plan Issues (3) Second Semester Trial Advocacy Electives 2 THIRD YEAR First Semester Hours Electives 12 Suggested Elective: Counseling & Negotiating 3 16 3 3 3 11 10 Second Semester Legal Drafting Corporations Electives Hours 3 3 3 12 15 First Semester Hours Pretrial Practice in Civil Litigation 3 Suggested Electives: Counseling & Negotiating 3 Sales Transactions 3 Electives 2 11 Second Semester Remedies 3 Electives: Administrative Law, Agency & Unincorporated Business Entities, Bankruptcy, Employment Discrimination, Insurance Law, Payment Systems Law, Products Liability, Secured Transactions 9 12 3 11 14 Suggested Electives: Fundamentals II of Retirement Plans (3) Employment Law (2) Employment Discrimination (3) Click for Table of Contents Click for THE 87 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Index J.D. Concentrations Intellectual Property Law Information Technology Law International Law SECOND YEAR SECOND YEAR SECOND YEAR First Semester Hours Intellectual Property Law Survey 3 Patent & Trade Secret Law or Trademark and Copyright Law 3 First Semester Hours Introduction to Information Technology Law 2 Administrative Law 3 5 Second Semester Legal Writing for the IP Practice Patent Law Planning and Practice or Trademark/Copyright Law Planning and Practice Second Semester Trademark & Copyright Law 3 or Intellectual Property Law Survey 3 Electives (see suggested electives below) 4 7 2 3 THIRD YEAR First Semester Hours Accelerated Trial Advocacy for IP Attorneys 3 Intellectual Property Licensing 3 The Patent Clinic or 2 IP in a Global/ Digital Environment (2 or 3) Suggested Electives: Constitutional Law Seminar: The First Amendment (2) Corporations or Federal Courts (3) Media Law (2) *Information Law & Policy (2) or *Cyberspace Law (2) THIRD YEAR Second Semester International Intellectual Property 3 Intellectual Property Litigation 3 Patent Office Practice or Rights of Publicity & Protection of Personality 3 First Semester Hours Alternate Means of Dispute Resolution 2 Global Legal Studies 2 or International Trade Law 3 Electives (see suggested electives below) 4 Other courses available include Seminar on Selected Topics in Intellectual Property Law, Claim Drafting, Business Franchise Law, Art Law, Entertainment Law, Gaming Law, Publishing Law, Sports Law and Unfair Competition and Trade Regulation Law. 9 (8) Second Semester Antitrust 3 or Unfair Competition and Trade Regulation 3 *Electronic Commerce Law 2 Electives (see suggested electives below) 2 For advanced students, additional courses offered through the LL.M. program are available. See separate listing and catalog descriptions. 7 Suggested Electives: *Computer Crime, Information Warfare, and Economic Espionage (2) *Privacy Rights Seminar (2) *U.S. Telecommunications Law (2) International IP Law (2) Scientific Evidence Seminar (2) Entertainment Law (2) National Security Law (2) First Semester Hours International Law 3 Elective: 2 Alternative Means of Dispute Resolution Administrative Law Antitrust Law Aviation Law Business Practices for Tax Lawyers (LL.M.) Conflict of Laws History of English Law Immigration Law and Procedure Income Taxation Introduction to Intellectual Property Law Payment Systems Law Securities Regulation *Taxation of Foreign Income 5 Second Semester International Trade Law Corporations Sales Transactions 3 3 3 9 THIRD YEAR First Semester International Business Transactions Global Legal Studies Electives Hours 3 2 7 12 Second Semester International Law Seminar Electives 2 8 10 Fluency in a foreign language is helpful. *Program director’s approval required Click for Table of Contents Click for THE 88 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Index J.D. Concentrations Public Interest Law Real Estate SECOND YEAR SECOND YEAR First Semester Labor Law Public International Law Hours 3 3 6 Second Semester Administrative Law Employment Discrimination Environmental Law Suggested Electives: Human Rights in a Changing Society: Lesbians, Gay Men, and the Law or Fair Housing & Fair Lending Law First Semester Real Estate Transactions Suggested Elective: Land Use Control Taxation SECOND YEAR Hours 3 2 First Semester Hours Income Taxation 3 Taxation of Compensation 3 Estates & Trusts I 3 5 3 3 3 Second Semester Income Taxation Non-Real Estate Electives: Sales Transactions Administrative Law Elective 3 3 3 2 11 2 11 9 Second Semester Corporations Suggested Electives: Administrative Law Conflict of Laws Employee Benefits Law International Trade Law First Semester Hours Federal Courts 3 Suggested Electives: Immigration Law & Procedure 2 Local Government Law 3 Electives 3 11 Second Semester Public Law Litigation 3 Electives: AIDS and the Law Children in the Legal System Collective Bargaining & Arbitration Seminar Global Legal Studies Elder Law Seminar Fair Housing & Fair Lending Law Fair Housing Clinic Food, Drug, and Cosmetic Law Immigration Law Clinic Media Law National Security Law Predatory Lending Law Seminar in Public Sector Labor Relations 9 First Semester Hours Real Estate Finance 3 Agency & Unincorporated Business Entities 3 Corporations 3 Secured Transactions 2 THIRD YEAR First Semester Hours Taxation of Corporations 3 Taxation of Estates and Trusts 3 * Partnership Taxation 2 8 11 Second Semester Commercial Real Estate & Planning Remedies Electives: Taxation of Partnerships Environmental Law Counseling & Negotiating Debtor-Creditor Relations 3 3 3 3 12 THIRD YEAR THIRD YEAR 3 3 3 5 11 Second Semester *Business Practices for Tax Lawyers *Tax/Employee Benefits Research *Civil and Criminal Tax Procedure 2 2 2 6 *Graduate level course. Some restrictions to enrollment may apply. 12 Click for Table of Contents Click for THE 89 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Index Certificate Programs Certificate Programs In selected areas of concentration, students may receive a certificate, indicating successful completion of a focused curriculum. Certificates are available in: intellectual property law international business and trade law Each area of concentration lists the elective courses a student may take. The suggested sequence for taking these courses is shown in the Student Handbook. Intellectual Property Law A Certificate in Intellectual Property Law is available to interested and qualified students. To qualify for the certificate, students must complete 16 credits of IP course work, maintain a 3.2 average in IP courses, and a 3.0 average in overall course work. Additional requirements include completion of: Legal Writing for the IP Practice for all students (2); for patent track students: Patent and Trade Secret Law (3) and the Patent Clinic (2) or Patent Planning and Practice (3). For trademark/copyright track students: Trademark and Copyright Law (3) and Trademark/Copyright Law Planning and Practice (3) or Protection of Intellectual Property in a Global/Digital Environment (3). International Business and Trade Law J.D. students may work toward a Certificate in International Business and Trade Law by successfully completing 12 hours from the following designated courses: Admiralty Law (2), Aviation Law (2), Comparative and International Patent Law (3), Comparative Legal Systems (2), Immigration Law and Practice (2), International Business Transactions (3), International Intellectual Property Law (3), International Law Seminar: Classic and Contemporary Issues (2), International Trade Law (3), Public International Law (3), and Sales Transactions (3). In addition, students may elect six hours of elective courses from the LL.M. Program in International Business and Trade Law, with the approval of the director. To qualify for the certificate, students must achieve a 3.0 average or better in each of the courses taken. Click for Table of Contents Click for THE 90 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Index LL.M. Courses LL.M. Courses in Employee Benefits LL.M. Courses in Global Legal Studies Required Courses Fundamentals I of Retirement Plan Issues (3) EB 361 Fundamentals II of Retirement Plan Issues (3) EB 362 Survey of Executive Compensation Plans (2) EB 365 Survey of Retirement Plan Issues (3) EB 360 Survey of Welfare Plan Issues (2) EB 363 Tax and Employee Benefits Research (2) TX 333 Elective Courses Cash or Deferred Arrangements (2) EB 354 Contemporary Benefit Issues (2) EB 367 DOL Externship (3, is4) EB 393 Employee Benefits Litigation (2) EB 358 Employee Benefits Practice and Procedure (2) EB 357 Employee Benefits Practicum (3, 4) Law 397 ERISA Fiduciary Law (2) EB 356 ESOPs (1) EB 355 Executive Compensation Benefits: Advanced (2) EB 369 Graduate Seminar: Employee Benefits Law (2) EB 368 Independent Study (1-3) EB 394 International Employee Benefits (1) EB 388 IRS Externship Program (3, 4) EB 389 Specialized Employee Benefit Plans (2) EB 366 Pension Benefit Guaranty Corporation (PBGC) Summer Externship in Washington, D.C. (3, 4) Law 391 Pension Rights Center Externship Program (3, 4) Law 396 Profit Sharing/401k Council of America Externship Program in Chicago (3, 4) Law 390 U.S. Department of Treasury Office of Tax Policy, Benefits Tax Counsel Summer Externship Program in Washington, D.C. (3, 4) Law 395 Welfare Benefit Plans: Tax, Legal & Design Issues (2) EB 364 Required Courses Comparative Legal Systems (2) Law 256 Introduction to the United States Legal System (2) FL 500 Lawyering Skills for Foreign Lawyers (3) FL 501-502 Elective Courses Clinical Legal Education (3) FL 533 Independent Research and Thesis (3) FL 599 United States Commercial Law (3) FL 530 United States Corporate Law (3) FL 540 United Sates Professional Responsibility Law (1) FL 550 . Elective Courses from the LL.M. Program in Information Technology Law Computers and the Law (2) IT 803 Cyberspace Law (3) IT 808 Electronic Commerce Law (2) IT 830 Information Law and Policy (2) IT 801 International Telecommunications Law (2) IT 850 Transborder Data Flow (2) IT 855 Elective Courses from the LL.M. Program in Intellectual Property Law Antitrust (3) IP 404 Contemporary Problems in Computer Law (3) IP 420 Copyright Law and Practice (3) IP 406 International Antitrust (1) IP 416 International Copyright Law (1) IP 455 International Patent Law (2) IP 413 International Trademark Law (1) IP 414 Substantive Patent Law I (3) IP 400 Trademark Law and Practice (3) IP 403 Transnational Enforcement of Intellectual Property Rights (3) IP 450 Unfair Competition and the International Trade Commission (2) IP 422 Elective Courses from the LL.M. Program in International Business and Trade Law Admiralty Law (2) IBT 712 Chinese Business and Investment Law (2) IBT 780 Eastern European Business and Investment Law (2) IBT 775 European Union Business and Investment Law (2) IBT 760 Foreign Investment Law (2) IBT 740 Import and Export Law (3) IBT 700 International Antitrust Law (2) IBT 745 International Banking and Finance Law (2) IBT 735 International Economic Development Law (2) IBT 770 International Environmental Law (2) IBT 755 International Intellectual Property Law (3) IBT 715 International Sales Law and Carriage of Goods (2) IBT 710 International Trade Remedies Law (3) IBT 705 Legal Ethics in International Practice (2) IBT 750 Master Class in International Economic Law and Practice (1) IBT 799A-Z Multinational Corporations Law (3) IBT 730 NAFTA (2) IBT 765 Elective Courses from the LL.M. Program in Real Estate Law International Aspects of Real Estate (2) RE 615 Elective Courses from the LL.M. Program in Tax Law Business Practices for Tax Lawyers (2) TX 330 U.S. Taxation of International Transactions and Foreign Taxpayers (2) TX 387 Elective J.D. Courses Available to Global Legal Studies LL.M. Students Corporations (3) Law 130 Environmental Law (3) Law 260 International Business Transactions (3) Law 190 International Law Seminar: Classic and Contemporary Issues (2) Law 191 Intellectual Property Law Survey (3) Law 113 Patent and Trade Secret Law (3) Law 117 Patent Systems Law (3) Law 271 Professional Responsibility (3) Law 176 Public International Law (3) Law 110 Sales Transactions (3) Law 245 Trademark and Copyright Law (3) Law 124 Click for Table of Contents Click for THE 91 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Index LL.M. Courses LL.M. Courses in Information Technology & Privacy Law Required Courses Computers and the Law (2) IT 803 Copyright Law and Practice (3) IP 406 Cyberspace Law (3) IT 808 Information Law and Policy (3) IT 801 Elective Courses Advertising Law (2) IP 417 Computer Crime, Information Warfare, and Economic Espionage (2) IT 848 Contemporary Problems in Computer Law (3) IT 820 Contemporary Technology and Intellectual Property Law (2) IP 421 Current Topics in Information Technology Law (1, 2) IT 880, IT 881 Electronic Commerce Law (2) IT 830 Electronic Document Certification (2) IT 835 Free Speech in Cyberspace (2) IT 841 Governance and Regulation in Cyberspace (2) IT 865 High Technology Litigation (2) IT 815 Independent Research in Information Technology Law (1-2) IT 897 Intellectual Property Licensing (3) IP 407 International Intellectual Property Law (3) IBT 715 International Telecommunications Law (2) IT 850 Journal of Computer and Information Law (1) IT 818 Jurisdiction and Judgments in Cyberspace (2) IT 860 Master Classes on Advanced Topics in Intellectual Property Law (1) IP 429 A-Z Master’s Thesis in Information Technology Law (3) IT 899 Multimedia Licensing and Transactions (2) IT 825 Practicum in Information Technology Law (1-2) IT 893 Privacy Rights (2) IT 845 The Professional Responsibilities of a Technological Law Practice (2) IT 812 The Rights of Publicity and Privacy (3) IP 423 Substantive Patent Law I (3) IP 400 Technology in the Practice of Law (2) IT 810 Trademark Law and Practice (3) IP 403 Transborder Data Flow (2) IT 855 U.S. Telecommunications Law (2) IT 851 LL.M. Courses in Intellectual Property Law It is strongly recommended that all students take Substantive Patent Law I and Substantive Patent Law II or Law of Patents; Trademark Law and Practice; and Copyright Law and Practice. Accelerated Trial Advocacy for Intellectual Property Attorneys (3) IP 430 Advanced Patent Application Preparation (2) IP 445 Advanced Patent Clinic (2) IP 439 Advertising Law (2) IP 417 Antitrust (3) IP 404 Antitrust and Misuse Aspects of Intellectual Property (3) IP 411 Art Law (1) IP 425 Bankruptcy and Security Interests in Intellectual Property (2) IP 460 Biotechnology Patent Law (3) IP 464 Business Franchise Law and Practice (2) IP 418 Claim Drafting (2) IP 465 Clinical Education in Intellectual Property Law (2) IP 433 Comparative and International Patent Law (3) IP 494 Computer Software Inventions: Patent Prosecution & Copyright Protection (2) IP 451 Contemporary Technology and Intellectual Property Law (3) IP 421 Copyright Law and Practice (3) IP 406 Copyright Litigation (1) IP 427 Dissertation (3) IP 432 Entertainment Law (2) IP 419 Gaming Law (2) IP 444 Independent Study (2) IP 431 Intellectual Property Licensing (3) IP 407 Interference, Reissue and Reexamination Practice (3) IP 405 International Antitrust Issues (1) IP 416 International Copyright Law (1) IP 455 International Patent Law (2) IP 413 International Trademark Law (2) IP 414 Law of Patents (1) IP 415 Legal Writing for the Intellectual Property Practice (2) IP 428 Master Classes on Advanced Topics in Intellectual Property Law (1) IP 429 A-Z Music Licensing (1) IP 436 Patent Litigation (2) IP 408 Patent Law: Statutory and Regulatory Fundamentals (2) Law 199 Patent Office Practice (3) IP 402 Pricing Regulation (2) IP 410 Publishing Law (1) IP 443 Right of Publicity and Protection of Personality (3) IP 423 Sports Law (2) IP 426 Substantive Patent Law I (3)IP 400 Substantive Patent Law II (3) IP 401 Taxation of Intellectual Property (1) IP 412 Trade Secrets Law (3) IP 440 Trade Secrets Litigation (2) IP 441 Trademark Law and Practice (3) IP 403 Trademark Litigation (2) IP 409 Trademark Transactions (2) IP 424 Transnational Enforcement of Intellectual Property Rights (3) IP 450 Unfair Competition and the International Trade Commission (2) IP 422 Click for Table of Contents Click for THE 92 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Index LL.M. Courses LL.M. Courses in International Business and Trade Law Admiralty Law (2) IBT 712 Art Law (1) IP 42 Aviation Law (2) IBT 74 Business Aspects of Immigration Law (2) IBT 725 Chinese Business & Investment Law (2, 3) IBT 780 Comparative and International Patent Law (3) IP 494 Computers and the Law (3) IT 803 Current Issues in International Business & Trade (1,2,3) IBT 751 Cyberspace Law (2) IT 808 Eastern European Business and Investment Law (2, 3) IBT 775 Electronic Commerce Law (2) IT 830 European Union Business and Investment Law (2, 3) IBT 760 Foreign Investment Law (2) IBT 740 Homeland Security (2) IBT 717 IBT Externship (1, 2) IBT 763 Import & Export Law (3) IBT 700 Independent Research in International Business & Trade Law (1, 2, 3) IBT 791 Information Law and Policy (3) IT 801 International Antitrust Law (1, 2) IBT 744 International Aspects of Real Estate (2) RE 615 * International Banking & Finance Law (2) IBT 735 International Business Franchise Law (1, 2, 3) IBT 783 International Commercial Dispute Resolution (2) IBT 720 International Copyright Law (1) IP 455 * International Economic Development Law (2) IBT 770 International Employment Law (1, 2) IBT 789 International Environmental Law (1, 2) IBT 754 International Joint Ventures (2) IBT 714 International Sales Law & Carriage of Goods (1, 2) IBT 709 International Telecommunications Law (2) IT 850 International Trade Remedies Law (3) IBT 705 International Trademark Law (1) IP 414 * Law and Practice before the U.S. Court of International Trade (1) IBT 706 Legal Ethics in International Practice (1, 2) IBT 749 Master Class in International Economic Law and Practice (1) IBT 799 A-Z A.European Union Regulation and Governance B.International Secured Transactions C.Commercial Law of the Arab Middle East D.Transnational Legal Practice Issues E.South Asia Commercial Law F. The Foreign Corrupt Practices Act and the Emerging International Norms G.International Criminal Law H.The World Trade Organization I. China and the World Trade Organization J. Globalization, Human Rights and Labor Markets K.International Business and Trade in Antiquities, Art & Cultural Property L.International Agri-Business Law M.Law and Ethics in Global Business N.Mergers and Acquisitions from an EU Perspective O.Drafting International Business Agreements P. International Commercial Arbitration Q.Law and Practice in Trade Compliance* R.European Company Law Multinational Corporations Law (3) IBT 730 NAFTA (2, 3) IBT 765 Practicum in International Business & Trade Law (1, 2, 3, 4) IBT 795 Transborder Data Flow (2) IT 855 U.S. Commercial Law (3) IBT 715 (Foreign Lawyers only) U.S. Taxation of International Transactions and Foreign Taxpayers (2) TX 387 * Prerequisite required Click for Table of Contents Click for THE 93 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Index LL.M. Courses LL.M. Courses in Real Estate Law LL.M. Courses in Tax Law Required Courses Required Courses Commercial Real Estate Transactions (3) RE 602 Construction Law (2) RE 612 Drafting & Negotiation Skills Workshop (2) RE 608 Environmental Controls and Concerns Affecting Real Estate (2) RE 609 Federal Income Tax Aspects of Real Estate (2) RE 603 Leasing, Ownership and Management (2) RE 605 Real Estate Finance (3) RE 607 Advanced Federal Income Tax (2) TX 340 Civil and Criminal Tax Procedure (2) TX 392 Corporate Taxation I (3) TX 350 or Corporate Taxation: A Survey (2) TX 353 Gift and Estate Tax Law (2) TX 370 Partnership Taxation (2) TX 380 Tax and Employee Benefits Research (2) TX 333 Elective Courses Elective Courses Affordable Housing (2) RE 610 Alternative Means of Dispute Resolution (2) RE 611 Bankruptcy and Insolvency Laws Affecting Real Estate (2) RE 601 Condominium, Cooperative and Other Common Ownership Interest Communities (2) RE 617 Fair Housing Clinic (1-4) RE 621, RE 622, RE 623, RE 624 Fair Housing/Fair Lending Law (2) RE 633 Independent Research (1-4) RE 697, RE 698, RE 699 Insurance Aspects of Real Estate Transactions (2) RE 616 International Aspects of Real Estate (2) RE 615 Land Use Control and Zoning (2) RE 604 Real Estate Industry (2) RE 619 Real Estate Legal Practicum (1-3) RE 620, 621, 622 Real Estate Litigation (2) RE 613 Securitization of Real Estate (2) RE 606 Seminar on Selected Topics in Commercial Real Estate Finance and Development (2) RE 618 State, Local and Transfer Taxes (2) RE 614 Advanced Estate Planning (2) TX 373 Basic Estate Planning (2) TX 371 Business Practices for Tax Lawyers (2) TX 330 Charitable Giving in Estate Planning (2) TX 375 Corporate Taxation II (3) TX 351 Federal Income Taxation of Property Transactions (2) TX 341 Income Taxation of Estates and Trusts (2) TX 372 Independent Study (1-3) TX 398 IRS Externship (3-4) EB 389 Life Insurance: Tax Aspects in Business, Estate, Employee Benefits and Financial Planning (2) TX 336 Personal Financial Planning (2) TX 335 Post-Mortem Planning and Estate Administration (2) TX 374 State and Local Taxes (2) TX 385 Tax Accounting (2) TX 301 Tax Exempt Organizations (2) TX 386 Taxation of Closely Held Businesses (2) TX 334 U.S. Taxation of International Transactions and Foreign Taxpayers (2-3) TX 387 Click for Table of Contents Click for THE 94 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Index M.S. Course Listings M.S. Courses in Employee Benefits Required Courses Introduction to Legal Analysis (2) IT 805 Substantive Law Overview (2) IT 800 Survey of Retirement Plan Issues (3) EB 360 Survey of Welfare Plan Issues (2) EB 363 or Survey of Executive Compensation Plans (2) EB 365 Tax & Employee Benefits Research (2) TX 333 M.S. Courses in Information Technology Law Required Courses Computers and the Law (2) IT 803 Copyright Law and Practice (3) IP 406 Cyberspace Law (3) IT 808 Information Law and Policy (3) IT 801 Introduction to Legal Analysis (1) IT 805 Substantive Law Overview (2) IT 800 Elective Courses Cash or Deferred Arrangements (2) EB 354 Contemporary Benefit Issues (2) EB 367 Employee Benefits Litigation (2) EB 358 Employee Benefits Practice and Procedure (2) EB 357 Employment Discrimination (3) Law 275 Employment Law (2) Law 272 ERISA Fiduciary Law (2) EB 356 ESOPs (1) EB 355 Executive Compensation Benefits: Advanced (2) EB 369 Fundamentals I of Retirement Plan Issues (3) EB 361 Fundamentals II of Retirement Plan Issues (3) EB 362 Graduate Seminar: Employee Benefits Law (2) EB 368 Independent Study (1-3) EB 394 International Employee Benefits (1) EB 388 Labor Law (3) Law 137 Specialized Employee Benefit Plans (2) EB 366 Welfare Benefit Plans: Tax, Legal & Design Issues (2) EB 364 Elective Courses Advertising Law (2) IP 417 Computer Crime, Information Warfare, and Economic Espionage (2) IT 848 Contemporary Problems in Computer Law (3) IT 820 Contemporary Technology and Intellectual Property Law (2) IP 421 Current Topics in Information Technology Law (2) IT 881 Electronic Commerce Law (2) IT 830 Electronic Document Certification (2) IT 835 Free Speech in Cyberspace (2) IT 841 Governance and Regulation in Cyberspace (2) IT 865 High Technology Litigation (2) IT 815 Independent Research in Information Technology Law (1-2) IT 897 Intellectual Property Licensing (3) IP 407 International Intellectual Property Law (3) IBT 715 International Telecommunications Law (2) IT 850 Jurisdiction and Judgments in Cyberspace (2) IT 860 Master Classes on Advanced Topics in Intellectual Property Law (1) IP 429 A-Z Multimedia Licensing and Transactions (2) IT 825 Privacy Rights (2) IT 845 The Professional Responsibilities of a Technological Law Practice (2) IT 812 The Rights of Publicity and Privacy (3) IP 423 Substantive Patent Law I (3) IP 400 Technology in the Practice of Law (2) IT 810 Trademark Law and Practice (3) IP 403 Transborder Data Flow (2) IT 855 U.S. Telecommunications Law (2) IT 851 *Students may enroll in an optional one-hour independent study component Click for Table of Contents Click for THE 95 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Index M.S. Course Listings M.S. Courses in Real Estate Law M.S. Courses in Tax Law Required Courses Required Courses Advanced Federal Income Tax (2) TX 340 Corporate Taxation I (3) TX 350 or Corporate Taxation: A Survey (2) TX 353 Gift and Estate Tax Law (2) TX 370 Introduction to Legal Analysis (2) IT 805 Substantive Law Overview (2) IT 800 Tax Accounting (2) TX 301 Tax and Employee Benefits Research (2) TX 333 Alternative Means of Dispute Resolution (2) RE 611 Commercial Real Estate Transactions (3) RE602 Drafting & Negotiating Skills Workshop (2) RE608 Introduction to American Law (2) RE 634 Introduction to Basic Real Estate Law & Practice (3) RE 635 Introduction to Legal Materials and Analysis (2) RE 636 Elective Courses Affordable Housing (2) RE 610 Bankruptcy and Insolvency Laws Affecting Real Estate (2) RE 601 Condominium, Cooperative and Other Common Ownership Interest Communities (2) RE 617 Construction Law (2) RE 612 Environmental Controls and Concerns Affecting Real Estate (2) RE 609 Fair Housing Clinic (1-4) RE 621, 622, 623, 624 Fair Housing/Fair Lending Law (2) RE 633 Federal Income Tax Aspects of Real Estate (2) RE 603 Independent Research (1-4) RE 697, 698, 699 Insurance Aspects of Real Estate Transactions (2) RE 616 International Aspects of Real Estate (2) RE 615 Land Use Control and Zoning (2) RE 604 Leasing, Ownership and Management (2) RE 605 Real Estate Finance (3) RE 607 Real Estate Industry (2) RE 619 Real Estate Legal Practicum (1-3) RE 620, 621, 622 Real Estate Litigation (2) RE 613 Securitization of Real Estate (2) RE 606 Seminar on Selected Topics in Commercial Real Estate Finance and Development (2) RE 618 State, Local and Transfer Taxes (2) RE 614 Elective Courses Advanced Estate Planning (2) TX 373 Basic Estate Planning (2) TX 371 Business Practices for Tax Lawyers (2) TX 330 Charitable Giving in Estate Planning (2) TX 375 Corporate Taxation II (3) TX 351 Federal Income Taxation of Property Transactions (2) TX 341 Income Taxation of Estates and Trusts (2) TX 372 Independent Study (1-3) TX 398 Life Insurance: Tax Aspects in Business, Estate, Employee Benefits and Financial Planning (2) TX 336 Partnership Taxation (2) TX 380 Personal Financial Planning (2) TX 335 Post-Mortem Planning and Estate Administration (2) TX 374 State and Local Taxes (2) TX 385 Tax Exempt Organizations (2) TX 386 Taxation of Closely Held Businesses (2) TX 334 U.S. Taxation of International Transactions and Foreign Taxpayers (2) TX 387 Click for Click for Table of Contents THE JOHN MARSHALL LAW SCHOOL 96 CATALOG 2006-2007 Index J.D. Courses J.D. Course Listings Note: “Bar course” denotes a class where the subject matter is tested as part of the Illinois bar exam. The symbol All required classes except Lawyering Skills and Trial Advocacy are bar courses. indicates bar courses. Required Courses Civil Procedure I (3) Law 070 Civil Procedure II (3) Law 170 Constitutional Law I (3) Law 172 Constitutional Law II (3) Law 173 Contracts I (3) Law 063 Contracts II (3) Law 064 Criminal Law (3) Law 060 Evidence (4) Law 180 Lawyering Skills I (3) Law 054 Lawyering Skills II (3) Law 055 Lawyering Skills III (2) Law 153 Lawyering Skills: Drafting (2) Law 290, Law 205, IP 428 Lawyering Skills—Specialty Drafting: Employee Benefits (2), Family Law (2), Information Technology Law (2), International Practice (2), Litigation (2), Real Estate (2) Lawyering Skills: Herzog Moot Court Competition (1) Professional Responsibility (3) Law 176 Property (4) Law 066 Torts (4) Law 072 Trial Advocacy Accelerated Trial Advocacy for IP Attorneys (3) Law 189 Trial Advocacy (3) Law 181 Trial Advocacy: Accelerated (3) Law 183 Trial Lawyer (7) Law 184 Fair Housing and Fair Lending Law (2) Law 133 Family Law (3) Law 104 Federal Criminal Law (3) Law 219 Federal Courts (3) Law 134 Gaming Law (2) Law 234 Health Fraud Law (2) Law 157 Health Law (2) Law 115 Human Rights in a Changing Society: Lesbians, Gay Men, and the Law (2) Law 168 Illinois Civil Procedure (3) Law 177 The Immigration Law Clinic (1-3) Law 046, Law 047, Law 048 Immigration Law and Procedure (2) Law 107 Income Taxation (3) Law 135 Independent Research (1-2) Law 041, Law 042 Independent Research in Intellectual Property Law (1-2) Law 289/LL.M. IP 431 Insurance Law (2) Law 109 Intellectual Property Law (3) Law 113 Intellectual Property Licensing (3) Law 195 Intellectual Property Litigation (3) Law 194 International Business Transactions (3) Law 190 International Intellectual Property Law (3) Law 294 International Law Seminar: Classic and Contemporary Issues (2) Law 191 International Trade Law (3) Law 084 Introduction to Information Technology Law (2) Law 281 The Judicial Extern Program (1-4) Law 296, Law 297, Law 298, Law 299 Labor Law (3) Law 137 Land Use Control (2) Law 265 Law and Diversity (3) Law 141 The Lawyering Process (1-4) Law 030, Law 031, Law 032, Law 033 Lawyering Skills: Herzog Moot Court Competition (1) Legislation and Political Thought (2) Law 266 The Litigation Practicum (1-4) Law 277, Law 278, Law 279, Law 280 Local Government Law (3) Law 129 Media Law (2) Law 114 Music Licensing (1) Law 220 National Security Law (2) Law 147 Patent Clinic (2) Law 239 Patent and Trade Secret Law (3) Law 117 Patent Law Planning and Practice (3) Law 290 Patent Law: Statutory and Regulatory Fundamentals (2) Law 199 Patent Office Practice (3) Law 197 Payment Systems law (3) Law 271 Philosophy of Law (2) Law 268 Predatory Lending (3) Law 288 Pretrial Practice in Civil Litigation Seminar (3) Law 235 Products Liability (2) Law 238 Professional Malpractice (2) Law 142 Protection of Intellectual Property in a Global/Digital Environment (3) Law 178 Psychology and the Law (2) Law 240 Public International Law (3) Law 110 Public Law Litigation (2) Law 241 Publishing Law (1) Law 267 Real Estate Transactions (3) Law 243 Recent Illinois Decisions (1) Law 118 Religion and the Law (2) Law 269 Remedies (3) Law 120 Right of Publicity and Protection of Personality (3) Law 196 Rights of Prisoners in American Law Seminar (2) Law 121 Sales Transactions (3) Law 245 Scientific Evidence Seminar (2) Law 246 Secured Transactions (2) Law 247 Securities Regulation (3) Law 248 Seminar in Public Sector Labor Relations (2) Law 237 Seminar on Selected Topics in Intellectual Property Law (2) Law 295 Sports Law (2) Law 228 Taxation of Compensation (3) Law 144 Taxation of Corporations, Corporate Transactions and Shareholders (3) Law 225 Taxation of Estates and Trusts (3) Law 232 Taxation Seminar: Advanced (3) Law 227 Torts Law Seminar (2) Law 140 Trademark and Copyright Law (3) Law 124 Trademark and Copyright Law Planning and Practice (3) Law 127 Transnational Legal Negotiations: Accelerated (2*) Law 193 Trial Advocacy: Advanced (3) Law 182 Unfair Competition and Trade Regulation (3) Law 273 Voting Rights and Elections (2) Law 123 Women, Law, and Feminist Jurisprudence (3) Law 143 Writing for the Practice of Law (3) Law 151 Electives Administrative Law (3) Law 250 Advanced Torts (2) Law 145 Agency and Unincorporated Business Entities (3) Law 126 AIDS and the Law (2) Law 100 Alternative Means of Dispute Resolution (2) Law 251 Antitrust Law (3) Law 252 Appellate Procedure (2) Law 200 Art Law (1) Law 229 Aviation Law (2) Law 253 Banking Law (2) Law 254 Bankruptcy (3) Law 082 Business Franchise Law (3) Law 081 Business Planning and Drafting Seminar (3) Law 205 Children in the Legal System (2) Law 101 Claim Drafting (2) Law 286 Collective Bargaining and Arbitration Seminar (2) Law 255 Commercial Law in the USA: A Survey (4) Law 230 Comparative Legal Systems (2) Law 256 Comparative Trial Advocacy and Litigation: Accelerated (2*) Law 192 Conflict of Laws (3) Law 128 Constitutional Civil Rights Seminar (2) Law 207 Constitutional Law Seminar: The First Amendment (2) Law 208 Constitutional Theory (2) Law 293 Corporations (3) Law 130 Counseling and Negotiating Seminar (3) Law 210 Criminal Procedure I (3) Law 212 Criminal Procedure II (2) Law 213 Current Legal Issues (1-3) Law 287 Domestic and Transnational Notarial and Digital Signature Law (2) Law 202 Economics and the Law (2) Law 259 Elder Law Seminar (2) Law 258 Employee Benefits Law (3) Law 216 Employment Discrimination (3) Law 275 Employment Law (2) Law 272 Entertainment Law (2) Law 215 Environmental Law (3) Law 260 Estate Planning and Drafting Seminar (3) Law 231 Estates and Trusts I (3) Law 131 The Fair Housing Clinic (1-4) Law 221, Law 222, Law 223, Law 224 Click for Table of Contents *Students may enroll in an optional one-hour independent study component THE 97 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Required Course Descriptions J.D. Required Course Descriptions NOTE: The number in parentheses following a course title indicates semester hours of credit. For example, (3) indicates a course worth three credit hours. Required Evidence (4) Law 180 Prerequisite: Civil Procedure I The law of evidence, Federal and state rules: burdens of proof, presumptions, stipulations, judicial notice, relevancy, privileges, hearsay, witness competency, examination of witnesses and impeachment, opinions, and authentication. Civil Procedure I (3) Law 070 Personal jurisdiction, subject matter jurisdiction, supplemental jurisdiction, venue, service, removal, transfer; joinder of parties and claims; the Erie Doctrine. Civil Procedure II (3) Law 170 Prerequisite: Civil Procedure I The theory and rules governing the litigation process, including pleadings, class actions, motion practice, discovery, pretrial conferences, trial procedure, post-trial motions, preclusive effects of judgments, relief from judgments and principles of appellate review. Constitutional Law I (3) Law 172 Judicial review, Article III requirements, federal legislative power, state regulatory powers, presidential powers, adoption of post-Civil War amendments, the incorporation controversy, the state action requirement. Constitutional Law II (3) Law 173 Prerequisite: Constitutional Law I Procedural and substantive due process, equal protection, and first amendment liberties. Contracts I (3) Law 063 This course provides a general introduction to contract law and addresses the necessary formalities to create binding contractual obligations, including the requirements of mutual assent (including the process of offer and acceptance), consideration, and the statute of frauds. The course also addresses doctrines of reliance and restitution as alternative theories for enforcing contractual obligation. Finally, the course covers various defenses to contract enforcement, such as incapacity, duress, misrepresentation, mistake, and unconscionability. Uniform Commercial Code issues will be addressed. Contracts II (3) Law 064 Prerequisite: Contracts I This course addresses the legal and equitable remedies available for breach of contract. It also addresses principles of contract interpretation and the admissibility of extrinsic evidence to supplement or interpret a contract under the parol evidence rule. Students will also study contract performance and breach, the law of conditions and bases for excuse of contract obligation under doctrines of impracticability and frustration of purpose. Finally, the course addresses the rights of non-parties to a contract, particularly the rights of third-party beneficiaries and assignees/delegates. Uniform Commercial code issues will be addressed. Criminal Law (3) Law 060 A course in the substantive law of crimes. The course places principal emphasis on studying the sources and meanings of statutes. In addition to crimes against persons, property, and society, the course will include consideration of inchoate offenses, the principles underlying criminal responsibility, and the purposes and limits of criminal law. Click for Table of Contents Lawyering Skills I: Objective Analysis, Writing, and Research (3) Law 054 This course is an introduction to objective legal analysis. Students learn precedential, rule-based, policy-based, and factual reasoning, and learn to perform basic legal research using case law, statutes, administrative regulations, court rules, and secondary materials. Students learn and apply the skills of legal analysis, research, and writing by preparing a series of objective legal memoranda and other exercises. Students participate in individual tutorial conferences with faculty and receive other forms of substantive feedback. Lawyering Skills II: Advocacy (3) Law 055 Prerequisite: Lawyering Skills I This course uses a series of advocacy writing assignments to build upon the legal analysis, research, and writing skills taught in the firstsemester course. Students prepare trial and appellate briefs, participate in oral arguments, and learn about legal research methods not covered in the introductory course, including electronic research. Students participate in individual tutorial conferences with faculty and receive other forms of substantive feedback. Lawyering Skills: Herzog Moot Court Competition (1) Law 159 Prerequisite: Lawyering Skills II Students refine their advocacy skills in the context of a school-wide intra-scholastic moot court competition. Students prepare a brief and present two oral arguments in a hypothetical appellate case. The top students from the preliminary rounds then argue in elimination rounds to determine the winner of the competition. Awards are presented for first place, second place, best brief, and best oralist. This one-credit course meets for two hours each week for the first half of the semester. The competition is named in honor of Dean Emeritus Fred F. Herzog. This course is required for all students entering the law school beginning in August 2004. This course is also required for all students who wish to become members of the Moot Court Council, and it is strongly recommended for students who wish to try out for interscholastic moot court teams. Lawyering Skills: Introduction to Legal Drafting: General Practice (2) Prerequisite: Lawyering Skills II Students learn drafting skills by choosing between a specialty course or a General Practice course. In the general course, students learn to avoid legal problems and litigation through proper drafting techniques of various documents. Students learn to apply generally applicable concepts in drafting such as precision vs. ambiguity and anticipating consequences. Students will research and draft a contract, a will, a substantial piece of legislation, and a pleading. Other related documents may be required. Other specialty courses are available for drafting credit. See the catalogue for other courses. Prerequisites for general practice drafting: Completion of 48 course hours, including Civil Procedure II and Estates & Trusts I. Recommended: Corporations, Sales. THE 98 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Required Course Descriptions Lawyering Skills: Legal Drafting: Specialty Courses (2-3) Law 290, Law 205, IP 428 Prerequisite: Lawyering Skills II Available courses are Patent Law Planning & Practice (Law 290), Business Planning & Drafting Seminar (Law 205), and Legal Writing for the Intellectual Property Practice (IP 428). Lawyering Skills Specialty Drafting: Employee Benefits (2) Prerequisites: Lawyering Skills II, Employee Benefits Law The area of legal writing and reviewing in employee benefits will be introduced to students through a series of lectures and drafting projects. Over a 15-week period, there will be 10 general class lectures, five drafting projects, and five student and instructor meetings to review projects. Students will learn general drafting principles and more advanced drafting techniques as they apply to the area of employee benefits law. This course satisfies the third semester requirement for the Lawyering Skills program. Lawyering Skills Specialty Drafting: Information Technology Law (2) Prerequisites: J.D. students: Lawyering Skills II, Introduction to Information Technology Law; Joint J.D./IT LL.M. degree students: Lawyering Skills II, two of the following three LL.M. courses: Information Law and Policy, Computers and the Law, Cyberspace Law This is a rigorous, advanced drafting course designed to give students interested in pursuing a practice in information technology and/or privacy law hands-on experience in the research techniques and drafting styles common to such practice. This is a two-hour course that will meet once a week. This course satisfies the third semester requirement for the Lawyering Skills program. Highly recommended: Constitutional Law II, Corporations, and Trademark and Copyright. Lawyering Skills Specialty Drafting: International Practice (2) Prerequisites: Lawyering Skills II, Corporations and International Business Transactions This is a two-hour course that will meet once a week. The course has two goals: first, to give students rigorous, practical experience in drafting and related areas (negotiation, arbitration); second, to teach students about, and give practice in, areas that an international practitioner might experience. This course satisfies the third semester requirement for the Lawyering Skills program. Lawyering Skills Specialty Drafting: Litigation (2) Prerequisites: Lawyering Skills II, Civil Procedure I and II, Evidence This course is an intensive writing course that focuses on the specialized drafting skills needed for successful litigation practice. Students will learn these skills in the context of various litigation documents including, but not limited to, motions, pleadings, discovery documents, and briefs. The course is designed for students who have a serious interest in civil litigation. This course satisfies the third semester requirement for the Lawyering Skills program. Lawyering Skills Specialty Drafting: Real Estate (2) Prerequisites: Lawyering Skills II, Real Estate Transactions This drafting course will introduce students to fundamental drafting concepts and skills that are generally applicable to the practice of law, but will do so in the context of commercial real estate transactions. Some of the drafting assignments will also focus on the unique challenges of commercial real estate law, including client communication, contract for purchase, contract for lease, and title documents. This is a rigorous writing course that will require students to draft several documents Click for Table of Contents commonly used in commercial real estate practice. The course will also touch on ethical matters that confront commercial real estate attorneys. Professional Responsibility (3) Law 176 This course explores the law of lawyering with special emphasis on the regulation of lawyers through rules of professional conduct and codes of judicial conduct, such as the ABA Model Rules of Professional Conduct, the Illinois Supreme Court’s Rules of Professional Conduct, the ABA Code of Judicial Conduct, and the Illinois Code of Judicial Conduct. The course covers issues that affect the attorney-client relationship such as confidentiality, conflicts of interest, advertising of legal services, solicitation, advocacy in criminal cases, and malpractice. The course also explores the attorney’s duties to the court and society, and other topics at the discretion of the instructor. Property (4) Law 066 Introduction to basic property concepts: possession; acquisition of property through voluntary transfer (gifts, conveyances) and otherwise (adverse possession, rule of capture); estates in land, future interests and concurrent estates; the landlord-tenant relationship; government regulation and use of private property and private land use controls (incorporeal rights, easements and servitudes). Torts (4) Law 072 This course explores the basic principles related to civil liability for interferences with persons, property and other legally protected interests. The course will cover the elements of a cause of action under theories of tort liability based on intent, negligence, and strict liability and applicable defenses. Trial Advocacy* (3) Law 181 Prerequisite: Evidence The theory underlying the preparation and presentation of a jury trial; skills training in trial advocacy; jury selection; opening statements; witness examination; motion practice and closing arguments. OR Trial Advocacy: Accelerated (3) Law 183 (see Trial Advocacy above) Prerequisite: Evidence Each January and August, between academic terms, Trial Advocacy is offered in an accelerated format. The course, which normally runs 15 weeks, is compressed into an intensive 9 a.m. to 6:30 p.m., nine-and-ahalf day format. Many faculty members and students believe that this concentrated format aids learning and gives students a more realistic understanding of the rigors of trial practice. Trial Lawyer (7) Law 184 Prerequisite: second-year standing This is a semester-long, seven-credit-hour course that combines the traditional Evidence and Trial Advocacy courses. Classes meet twice a week for three-hour evening sessions, and the course includes two daylong Saturday evidence seminars. The goal is to impart to students a theoretical and practical understanding of the principles and rules of evidence, and the art of advocacy. Generally, the evidence portion of the course will be taught in a conventional classroom mode; however, the trial advocacy portion will be taught in small classes of no more than 10 students per section. The course will also emphasize trial preparation and the persuasive development of a party’s theory of the case. This course is limited to second year students (2L’s). Prior to the completion of this course, participating students will be granted the opportunity for early tryouts for the following semester’s trial team competitions. Both Evidence and Trial Advocacy requirements are satisfied through successful completion of this course. Separate grades will be given for the Evidence and Trial Advocacy components. Enrollment is limited. THE 99 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Elective Course Descriptions Electives Aviation Law (2) Law 253 The broad spectrum of aviation legal matters focusing on numerous other categorical fields; procedure, administrative law, the law of torts and, to some extent, of contracts and international law. Special federal procedures applicable to aviation disasters, law affecting titles in aircraft, liability for injury to persons on the ground, aviation rights in air space above the land of another, duties of common carriers, the Federal Aviation Administration, the National Transportation Safety Board, the Civil Aeronautics Board, conflict of laws, aircraft piracy, treaties and other agreements, and federal and state jurisdiction. Accelerated Trial Advocacy for IP Attorneys (3) Law 189 Designed for students who intend to be trial lawyers in the field of intellectual property. This course involves the full preparation and trial of one or more jury trials under the close supervision of the instructor. Administrative Law (3) Law 250 Introduction to the law creating, structuring, empowering, and limiting administrative agencies, with an emphasis on the principles common to all administrative agency action; topics include administrative procedure, the scope of judicial review of administrative action and the relationship of administrative agencies to the political branches of government. Banking Law (2) Law 254 The law of commercial banking with special emphasis on banking as a regulated industry; what is the business of banking, the savings and loan (S&L) business compared with the banking business, the history and structure of the American banking system and the federal agencies, the dual banking system: pros and cons, the rise and fall of the Glass Steagall Act, the federal Bank Holding Company Act, failing banks and S&L’s vis-a-vis the FDIC and the RTC, failing safety and soundness considerations and FIRREA, state and federal usury laws and credit card interest limits, increasing capital requirements, and federal preemption of banking laws. Advanced Torts (2) Law 145 This course is designed for students who have taken the basic torts course and wish to continue studying important topics of tort law that are either not covered or not covered in much depth in the basic torts course. The course will include products liability, commercial torts, defamation, invasion of privacy, and nuisance. Agency and Unincorporated Business Entities (3) Law 126 Bankruptcy (3) Law 082 Recommended: Secured Transactions Study of the Bankruptcy Reform Act of 1978, its predecessor acts, other state and federal laws relating to the rights and remedies of creditors and debtors. The nature of the principal-agent relationship, including tort and contract liabilities, the principles and problems of partnerships, limited partnerships, limited liability companies, limited liability partnerships, and other unincorporated businesses. Business Franchise Law (3) Law 081 AIDS and the Law (2) Law 100 Development of the business franchise as a unique legal and business phenomenon; federal and state statutes, regulations, and cases dealing with the franchisor-franchisee relationship. Areas to be covered include governmental restrictions and preconditions concerning the sale of business franchises, procedures and documents to effect and evidence compliance with state and federal regulations, the rights and duties of franchiser and franchisee under the franchise agreement, remedies of franchiser and franchisee for violations of the franchise agreement, and statutory and regulatory provisions that (a) require certain items to be included in the franchise agreement and (b) prohibit or limit the availability of specific kinds of actions and remedies. This course examines the medical, political and legal reactions to the HIV-AIDS epidemic. Regarding specific legal subjects, the course amounts to a survey of much of the law school curriculum including such topics as torts, criminal law, employment discrimination, education law, domestic relations, insurance law, estate planning, public and private health care law, international law and others. Alternative Means of Dispute Resolution (2) Law 251 Prerequisite: senior standing This course involves a study of arbitration and mediation as means of resolving disputes. Students will explore the principles of effective arbitration and mediation and have an opportunity to participate in actual problem solving through simulation. Business Planning and Drafting Seminar (3) Law 205 Prerequisites: Corporations, Income Taxation This course is taught through the use of problems that frequently arise in business. The following areas of law are discussed and applied to those problems: corporations, partnerships, taxation, and securities. Antitrust Law (3) Law 252 Restraints of trade, price-fixing territorial and customer limitations, the patent-antitrust interface, refusal to deal, monopolization, tie-ins, patent misuse, requirements contracts, and mergers, with principal focus on the key U.S. statutes: Sherman, Clayton, and F.T.C. Acts, with some attention to state common law and foreign legislation, including the E.E.C. provisions. Children in the Legal System (2) Law 101 Recommended: Constitutional Law I and II, and Evidence Constitutional framework of juvenile law, allocating power over children between parents and state, school authority, consent to medical treatment, abuse and neglect, foster care, termination of parental rights, failed adoption and custody, adolescence, curfews, emancipation, status offenses, juvenile delinquency, and search and seizure. Appellate Procedure (2) Law 200 The study of civil procedure aspects of appellate practice, state and federal courts, intermediate appellate level and supreme court level, appellate jurisdiction, preserving points for review, the record on appeal, requirements for briefs and oral arguments, the relief available on appeal, and the organization and administration of the courts of review. Claim Drafting (2) Law 286 Art Law (1) Law 229 The class surveys legal and practical concepts relating to protection, acquisition, exhibition and sale of works of art, including: problems regarding copyright, art censorship, moral rights, endowments, and tax implications. Click for Table of Contents Recommended: Intellectual Property Law Planning and Practice This class is a continuation of Intellectual Property Law Planning and Practice. The workshop will give students extensive practical experience in drafting claims for all areas of technology. Experts will be brought in to give specific instruction on drafting claims for mechanical, chemical, biochemical, electrical, biotechnology, and computer cases. THE 100 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Elective Course Descriptions Collective Bargaining and Arbitration Seminar (2) Law 255 Prerequisite: Labor Law The law of collective bargaining and labor arbitration in the private sector including the statutory duty to bargain in good faith; mandatory and permissive subjects of bargaining; impasse and its consequences; judicial enforcement of labor contracts, no-strike clauses, arbitration agreements and arbitration awards; grievance arbitration; successor employer liability, and National Labor Relations Board deferral to arbitration. Commercial Law in the USA: A Survey (4) Law 230 This course provides a survey of important legal issues in the commercial law of the U.S. Emphasis will be on the contracting process (common law and UCC), payment for contracts (particularly through the use of negotiable instruments), and security for payments (particularly suretyship and secured transactions). The course will also briefly deal with bills of lading and warehouse receipts (with emphasis on the negotiability of these documents) and letters of credit. Though the course will NOT cover bankruptcy, international law, and e-commerce topics, the course will include continuing references to the general importance of those topics. It is highly recommended that students take this survey course only as an introduction to or review of topics already studied in or later to be studied in in-depth commercial law courses. In depth commercial law courses include [Consumer Law], E-Commerce Law, Payment Systems, Sales Transactions, Secured Transactions, Bankruptcy, International Trade Law, and International Business Transactions. Comparative Trial Advocacy and Litigation: Accelerated (2*) Law 192 Prerequisite: 3.0 GPA This course focuses on trial advocacy and litigation in a transnational context. The course compares the American system of trial advocacy and litigation with that of another country. Students will conduct simulated trial advocacy exercises using American and foreign laws and customs. Particular emphasis is placed on the legal, ethical, and cultural challenges facing an American advocate in transnational litigation. At the dean’s discretion, the course may be conducted in a foreign country. Possible host countries include Ireland, Great Britain, Scotland and Australia. (This course is not open to students visiting from another law school.) *In addition, students may enroll in an optional one-hour independent study component. Conflict of Laws (3) Law 128 The course addresses traditional and modern approaches to choosing applicable state law in civil controversies that have multistate connections and the applicable law when federal as well as state interests are involved. The course reviews the law governing the recognition and enforcement of judgments in states other than those in which the judgments were obtained and relevant issues of jurisdiction. Constitutional Theory (2) Law 293 This seminar will begin with an inquiry into the proper role of the Court in adjudicating constitutional questions. Next, the focus will shift to what it means—or what it should mean—to interpret the Constitution. During this segment of the course, an articulation and assessment of the various theories of interpretation (textually based theories, originalist theories, theories based on structural reasoning, notions of federalism and separation of powers, theories espousing the use of moral reasoning and value choices, constitutional adjudication, and antiformalist theories) will ensue. The course will also include an inquiry into the nature of constitutional judgment and its relation to political or moral judgment. Corporations (3) Law 130 Recommended: Agency and Unincorporated Business Entities The structure and characteristics of the modern business corporation, advantages and disadvantages, promotion and organization, how corporations act, authority and fiduciary obligations of management, proxies, consequences of unauthorized corporate action, separation of control from ownership (voting trusts, pooling agreements and agreements limiting discretion of directors), shareholders’ suits, determination of financial position and operation of controls over distribution or disbursements to shareholders, violation and shifting of such controls. Counseling and Negotiating Seminar (3) Law 210 Prerequisite: Completion of 45 hours This course focuses on the counseling and negotiating process. The lawyer’s relationship with his or her client is explored, and the nature of the lawyer’s responsibility and the interaction between lawyer and client in the negotiating and settlement process are examined. In addition, students study the negotiating process, are exposed to negotiating theory and participate in actual negotiation problems inside and outside of class. Criminal Procedure I (3) Law 212 Constitutional analysis, with emphasis on 4th, 5th, 6th, and 14th Amendment issues, including overview of the criminal justice process; police interrogation practices; the right to counsel; the law of arrest, search, and seizure; electronic eavesdropping; entrapment; selfincrimination; lineups; and the exclusionary rule. Criminal Procedure II (2) Law 213 Constitutional and statutory analysis, with emphasis on pretrial, trial, and post-trial proceedings. This course will cover the charging stage, bail, jurisdiction and venue, the preliminary hearing, the arraignment, the grand jury, joinder and severance, pretrial motions, discovery, speedy trial, plea negotiations, fair trial and the media, change of venue, trial rights, double jeopardy, sentencing, post-conviction remedies, habeas corpus, and appeals. Current Legal Issues (1-3) Law 287 Constitutional Civil Rights Seminar (2) Law 207 Prerequisite: Constitutional Law The Bill of Rights; the 13th, 14th and 15th Amendments to the U.S. Constitution and their implementation; survey of the 19th- century background, as well as recent developments in equal protection and discrimination problems; “benign quotas” in education, employment, and housing; recent civil rights litigation; study of pertinent provisions of the Illinois Constitution of 1970 as they relate to civil rights. Constitutional Law Seminar: The First Amendment (2) Law 208 An analysis of the First Amendment. Subjects include freedom of speech, freedom of the press, freedom of assembly, and the penumbras that give these freedoms life and substance. The Establishment and Free Exercise clauses will also be studied. Click for Table of Contents This course focuses on current issues and contemporary problems in a given area of the law. Its goals are to analyze important developments in a particular area of law and to help students develop a deeper understanding of that area. Before registration, the registrar will publish the area of the law the course will deal with and the number of credit hours to be given in that semester. The course may be offered for one, two, or three credit hours. Domestic and Transnational Notarial and Digital Signature Law (2) Law 202 The course focuses on the law governing notarizations and electronic documents/digital signatures. The course examines issues of tort liability, statutory interpretation, administrative agency oversight, ethical considerations, criminal responsibility, and other topics in the United States and internationally. Students will engage in exercises in document and legislative drafting, ethics, considerations, and statutory applications. THE 101 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Elective Course Descriptions Economics and the Law (2) Law 259 An introduction to important micro-economic, public choice concepts having wide applicability in law. Property, contracts, torts, and remedies cases are subjected to economic analysis. Students will also study the behavioral implications of alternative legal doctrines and policies. The course does not assume a prerequisite level of economic knowledge. The concepts are introduced gradually and applied to a series of increasingly sophisticated problems. Estate Planning and Drafting Seminar (3) Law 231 Prerequisites: Taxation of Estates and Trusts; Estates and Trusts I Integration of the law of property, as studied in: Property, Taxation of Estates and Trusts, Estates and Trusts I. Comprehensive property settlements and estate plans, with emphasis upon the drafting of wills and various types of trust agreements. Estates and Trusts I (3) Law 131 Elder Law Seminar (2) Law 258 Prerequisites: Estates and Trusts I The course covers the legal issues that face the aging population in the United States and worldwide, including health care matters for the elderly, pension and retirement benefit plans, estate planning, and matters relating to the interests of family members. Employee Benefits Law (3) Law 216 This course will survey the labor, employment, and tax rules affecting employee pension and profit sharing plans. By providing an overview of the framework of rules governing such plans, students will learn the basic tax, legal, business, and other issues that specifically affect retirement plans and participants’ rights under such plans. Larger public policy issues to be discussed include the struggles of Social Security to remain solvent, the problems of aging and health care, retirement security and women, and changing retirement patterns. The course will also discuss other types of employee benefit plans, such as health and welfare plans and executive compensation plans. Employment Discrimination (3) Law 275 Basic concepts, procedural problems, administrative processing, defenses, and remedies in the law of employment discrimination, with special emphasis on Title VII of the Civil Rights Act of 1964 and discrimination on the basis of age or disability. Prerequisite: Property A course in the law of wills and intestate succession, and the basic law of trusts; disposition of property during life or at death by means of wills, will substitutes, and transfers in trust; the requisites of valid instruments; the duties of executors, administrators, and trustees; and the rights of beneficiaries. The Fair Housing Clinic (1-4) Law 221, Law 222, Law 223, Law 224 The law school operates The John Marshall Law School Fair Housing Clinic, an “in-house” clinic devoted to representing individuals who experience unlawful discrimination in the sale or rental of housing units. For a description of the course, see page 15. Fair Housing and Fair Lending Law (2) Law 133 This course includes the study of federal, state, and local laws pertaining to discrimination in housing and lending. In addition to dealing with the theoretical legal problems presented by the fair housing and lending laws, the course will emphasize the practical aspects of handling a fair housing case from the initial interview through appeal. The course is highly recommended to students who are interested in specializing in federal civil litigation. The course is a prerequisite to participation in Fair Housing and Fair Lending Litigation. Employment Law (2) Law 272 Statutes, regulations, and cases dealing with a number of legal rights and concerns of employees and employers. Areas to be covered include: (a) worker’s compensation law and practice; (b) labor standards legislation, such as wage-and-hour laws (e.g., Fair Labor Standards Act–FLSA, public contract “prevailing wage” requirements); healthand-safety laws (e.g., Occupational Safety and Health Act–OSHA); and an introduction to pension-protection laws (e.g., Employee Retirement Income Security Act–ERISA); and (c) wrongful discharge and at-will employment. (The law involving employment discrimination and labor relations is covered in other specialized courses.) Family Law (3) Law 104 Legal problems concerning the validity of antenuptial agreements; marriage, dissolution of marriage (divorce), declarations of invalidity (annulment), legal separation (separate maintenance); rights and duties of husband, wife, parent, and child; legitimacy and illegitimacy; adoption; adjustment of rights in divorce, including “fault” and “no fault” doctrines; property rights, including marital and non-marital property doctrines; maintenance (alimony); child support; child custody and visitation; legal status of infants; conflict of laws and constitutional law problems in family law context; and remedies to prevent domestic violence. Entertainment Law (2) Law 215 Legal considerations that affect the publishing, music, recording, live theater, motion picture, and television industries; special emphasis on laws regarding defamation, right of privacy and publicity, copyright, and unfair competition as they affect the various entertainment industries. Environmental Law (3) Law 260 Prerequisite: second-year standing Consideration and analysis of federal and state statutes; regulations and relevant judicial and administrative decisions with respect to major environmental control areas including air, water, solid waste, and noise pollution abatement; radioactive emission; National Environmental Policy Act; significant land planning legislation; the interrelation between federal and state legislation and areas of responsibility. Click for Table of Contents Federal Criminal Law (3) Law 219 Prerequisite: Criminal Law This advanced criminal law course covers federal substantive criminal law, including such specialized topics as organized crime, wire fraud, mail fraud, bank fraud, and other white-collar crime; RICO; drug offenses; tax offenses; and political corruption. The course will also present an overview of federal criminal enforcement resources and examine bases for federal criminal jurisdiction. Federal Courts (3) Law 134 Prerequisite: Civil Procedure I and II Recommended: Constitutional Law I and II; Remedies Sources of federal jurisdiction, Supreme Court review of state cases, civil cases in federal courts, jurisdictional and procedural matters, federal habeas corpus, appellate review, and certiorari. THE 102 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Elective Course Descriptions Food, Drug and Cosmetic Law (3) Law 106 History of federal legislation, the federal statutes; jurisdictional requirements; current status of the law covering adulteration, labeling, advertising, and compliance; administration procedures; seizures (including multiple seizures, consolidation and trial of libels); injunction, criminal actions and penalties; and food, drug, and cosmetic standards. Gaming Law (2) Law 234 The gaming industry has become one of the most stringent and highly regulated industries in America. Using existing texts, as well as current opinions and pending cases, this course will look at several areas relating to legalized gambling, including: restrictions on broadcast advertising, Internet gambling, Native American gambling, cruises to nowhere, specific tax issues of concern to the casino industry, debt collection, and trademark/copyright issues such as slot machine games, i.e. Wheel of Fortune, Monopoly. The course will also look at lotteries and sweepstakes. Human Rights in a Changing Society: Lesbians, Gay Men, and the Law (3) Law 168 This seminar explores the legal regulation of sexual orientation and gender identity. It begins by examining historical views of sexual orientation and the myriad effects that religion, culture, science, and politics have had on sexual orientation law. The seminar then surveys employment discrimination and other legal issues related to sexual orientation and gender identity. Illinois Civil Procedure (3) Law 177 This course is designed to immerse the future practitioner in all aspects of Illinois Civil Procedure, such as the structure of the Illinois court system, personal jurisdiction, venue, statutes of limitation, parties, pleading, motion practice, discovery, relief from judgments, appeals from the standpoint of the trial court, res judicata, and civility in the practice of law. Court decisions, the Illinois Code of Civil Procedure, and Supreme and Circuit Court Rules are emphasized by way of the casebook method. Global Legal Studies (2) Law 256 This course studies various legal systems in the world today. The course examines the nature of law under both common law and civil law systems and focuses on Islamic law, both traditional and modern Chinese law, and the laws of developing countries. The course not only introduces radically different systems but also provides a better understanding of one’s own legal system. Health Fraud Law (2) Law 157 This course addresses the legal issues of fraud and abuse in the delivery of healthcare. The federal government has targeted healthcare fraud and abuse as one of its top enforcement priorities. We will explore the types of activities that put health care providers at risk and the major federal criminal and civil statutes that are used to fight healthcare fraud. Finally, we will address the development of a small group and solopractitioner compliance programs. Compliance plans are individualized internal procedures and oversight for medical practices that promote adherence to federal program requirements. The Immigration Law Clinic (1-3) Law 046, Law 047, Law 048 Students selected to participate in this program work with attorneys at the Midwest Immigrant & Human Rights Center as well as with other attorneys approved by the law school. The educational objectives of the course include the development of case preparation and litigation skills in the administrative law context and the development of values through the exposure to clients in a multicultural setting. Immigration Law and Procedure (2) Law 107 A study of the immigration, nationality, and naturalization laws of the United States. The topics discussed are the immigrant selection system, issuance of immigrant and non-immigrant visas, grounds for inadmissability and relief therefrom, grounds for removal and forms of relief from removal, adjustment of status, problems of refugees and asylum procedure, administrative procedures, and administrative and judicial review. Health Law (2) Law 115 This course will explore the law’s reaction to new and unprecedented developments in medical and biological science, both in terms of how the law seeks to regulate medical practices and also how the “new biology” requires rethinking and development of legal principles. Topics may include such issues as genetic engineering, definitions of death, euthanasia, abortion, medical experimentation and allocation of scarce medical resources, etc. History of the American Legal System (2) Law 262 The study of the evolution of the American legal system, including the status of the English Common law system as it was inherited during colonial times and proceeding through those steps leading to the establishment of the Republic; thereafter the history of the American legal system is undertaken with emphasis on the historical framework of leading areas of legal development including the history of legal education and the evolvement of the practice of law. History of English Law (2) Law 263 The development of the early common law, emphasis on the real actions and other procedural methods of protecting rights in real property, and inquiry into the way in which the primitive law developed and reasons for that development. Click for Table of Contents Income Taxation (3) Law 135 Defining gross income (income or gift, income or capital, damages, insurance, discharge of indebtedness, etc.), exclusions from gross income, assignment of income, personal deductions (medical, charitable, alimony, interest, taxes, etc.), personal exemptions, business deductions (ordinary and necessary expenses, depreciation, etc.), minimum tax, sales and other dispositions of property, capital gains and losses, and accounting concepts in taxation. Independent Research (1-2) Law 041, Law 042 An in-depth study of a subject chosen by the student, consisting of research and a scholarly paper. Approval of the Associate Dean for Academic Affairs and a full-time faculty member is necessary. Open only to students who have completed 59 semester hours. Not open to students who have taken Independent Research in IP Law (below). Independent Research in Intellectual Property Law (1-2) Law 289/LL.M. IP 431 The undertaking of a project approved by the program director requiring scholarly independent study which will result in a significant contribution to the law of intellectual property. Not open to students who have taken Independent Research (above). THE 103 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Elective Course Descriptions Insurance Law (2) Law 109 State and federal regulation; forming the contract; negotiation; formalities and misrepresentation; interpretation of contracts; extracontractual liability; good faith and fair dealing; liability, automobile, life, and health insurance; multiple coverage; insurable interest; the environment; and intellectual property. Intellectual Property Survey (3) Law 113 Intellectual Property (IP) law concerns the protection of intangible creations of the mind—inventions, discoveries, trade secrets, business concepts, artistic works, computer software, brand names, product designs, and even celebrity images/personae. Lawyers with IP expertise are in high demand in today’s global, information-based legal market. This course will introduce students to the primary legal systems that protect IP (i.e., patent, trademark, copyright, and trade secret law) and the competing policies underlying these laws. The course is intended both for students who are interested in a general overview of IP and as a gateway to more specialized courses in John Marshall’s IP program. No technical background is expected or required. Intellectual Property Licensing (3) Law 195 The course covers implied licenses, express licenses, enforcement of license provisions, title interest in intellectual property, and license transfers. Intellectual Property Litigation (3) Law 194 Recommended prior coursework: Evidence; Civil Procedure; Intellectual Property Law Survey. The course will focus on the specific aspects of civil and administrative litigation practice as they relate to the practice of intellectual property law, including patent, trademark, copyright, and trade secret litigation. Topics will include pleadings, motions, and discovery practices related to IP-specific topics; development and use of demonstrative evidence and IP experts; protective orders; and remedies. The course is intended to give students a greater understanding of the fundamental concepts of litigation processes as they specifically relate to intellectual property matters. International Business Transactions (3) Law 190 Business lawyers must increasingly deal with issues that transcend national boundaries. This course addresses issues of private business enterprises investing, producing, and marketing their goods and services in the international marketplace; national and supernational regulation of the activities of such businesses; expropriation and political risks; and policy issues relating to the existence of multinational corporations. International Intellectual Property Law (3) Law 294 Organized multinational attempts to establish international norms for intellectual property protection have existed for well over 100 years. Given the intangible nature of the rights sought to be protected, the nature and scope of these rights has been hotly debated. This course will examine the dynamics of international protection as well as some of the most pressing issues faced in continuing efforts to develop international protection standards. Among the topics covered are the underlying theories of international intellectual property protection, the impact of culture and economics on intellectual property rights, the protection of cultural patrimony, neighboring rights, government takings, extraterritoriality and the border problems, and registration, protection, and enforcement issues (including international enforcement of rights). In addition, students will study pertinent treaty regimes, including the Berne and Paris Conventions, TRIPS, NAFTA, and selected EC directives, harmonization alternatives and the special problems of developing and newly emerging market economies. Prior knowledge of intellectual property is helpful but is not required. Click for Table of Contents International Law Seminar: Classic and Contemporary Issues (2) Law 191 The topic of this small-section seminar will be announced each time this course is scheduled. Students will take an in-depth look at the law relating to major international problems, contemporary or historical. Possible topics include agricultural trade law, international environmental law, international trade in information and services, transnational litigation, and human rights law. International Trade Law (3) Law 084 This course will provide a basic familiarity with the principles, doctrines, and statutory framework for federal and state regulation of transnational business activities; develop an understanding of legal difficulties, both practical and conceptual, that will be encountered in doing business under two different national jurisdictions; prepare for handling transnational legal problems likely to arise in a typical modern business law practice. Introduction to Information Technology Law (2) Law 281 This course addresses subjects within the field of information technology law, such as protection of computer software, information access and control, privacy and security, Internet law, and electronic commerce. It is particularly appropriate for students who are preparing to participate on the Journal of Computer and Information Law or who are considering advanced studies in information technology law. The Judicial Extern Program (1-4) Law 296, Law 297, Law 298, Law 299 Students selected to participate in this program work in chambers with a state or federal judge and assist the judge in the resolution of disputes. Each student works in a capacity similar to a judicial law clerk and is monitored and evaluated by the faculty member in charge of the program as well as by the judge for whom the particular student works. The educational objectives of the course include legal problem solving, legal research and writing, professional responsibility, and legal process. Labor Law (3) Law 137 The law governing labor-management relations, particularly federal regulation of employers, labor organizations, and employees during union organizational campaigns and collective bargaining. Major topics include employees’ rights to engage in or refrain from concerted activity, employer and union unfair labor practices, representation elections, and the roles of the National Labor Relations Board and the federal courts in administering the National Labor Relations Act and other federal labor laws. Land Use Control (3) Law 265 Prerequisite: Constitutional Law II Municipal zoning, changes in zoning, amendments, spot zoning, variance and special exceptions, planned unit developments and modern residential subdivisions, covenants, floating zones, holding zones, state controls, land planning, modern controls of the land development process, landmarks, plat approval and forced dedication, flood plains, and environmental controls. Law and Diversity (3) Law 141 The course addresses the role of the law in establishing, maintaining, and remedying group-based inequality, exclusion, and oppression within the American social, economic, and political community. The course includes study of the history of group-based inequality, the responses law has made to this inequality, and critiques, such as feminist jurisprudence and critical race theory, of the law’s role in perpetuating such inequality. The course grade is based upon a research paper and an oral presentation. THE 104 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Elective Course Descriptions The Lawyering Process (1-4) Law 030, Law 031, Law 032, Law 033 Students selected to participate in this program work with attorneys in various public or private sector placements. The course examines the issues and responsibilities confronted by new attorneys as they strive to develop skills in their chosen field of practice. Lawyering Skills: Herzog Moot Court Competition (1) Law 159 Prerequisite: Lawyering Skills II Students refine their advocacy skills in the context of a school-wide intra-scholastic moot court competition. Students prepare a brief and present two oral arguments in a hypothetical appellate case. The top students from the preliminary rounds then argue in elimination rounds to determine the winner of the competition. Awards are presented for first place, second place, best brief, and best oralist. This one-credit course meets for two hours each week for the first half of the semester. The competition is named in honor of Dean Emeritus Fred F. Herzog. This course is required for all students entering the law school beginning in August 2004. This course is also required for all students who wish to become members of the Moot Court Council, and it is strongly recommended for students who wish to try out for interscholastic moot court teams. Legislation and Political Thought (2) Law 266 This course recognizes the increasing growth of statutes as a source of American law, analyzing the challenges presented by all aspects of legislation. The topics that will be covered include the political models of the legislative process, representational structures, legisprudence and separation of powers, judicial review, direct democracy and statutory interpretation. Particular attention will be given to both the dominant theories of interpretation, as well as to the traditional techniques for interpreting statutes. The Litigation Practicum (1-4) Law 277, Law 278, Law 279, Law 280 Students approved for participation in this course will work with various agencies and private lawyers under the guidance of supervising attorneys and the faculty administrator. The development and enhancement of litigation skills is highlighted, with emphasis on identifying and analyzing the litigator’s ethical and professional responsibilities. Students may enroll in the following externship programs: the Lawyering Process, the Litigation Practicum, the Judicial Extern Program, the IRS Externship Program, and Clinical Legal Education in Intellectual Property Law. For a description of the various programs, see page 9. Local Government Law (3) Law 129 The government structure, function, and intergovernmental relationships; special attention will be paid to judicial and legislative sources of control, home-rule, constitutional limits of selected police powers, the licensing authority, as well as the financing and staffing of local government. Media Law (2) Law 114 An analysis of the legal principles that affect the electronic and print media. The course covers topics such as the meaning of the phrase “freedom of the press” under the first amendment, access to information, prior restraints, defamation, invasion of privacy, journalist privilege, government regulation of the broadcast media and other topics at the discretion of the instructor. Click for Table of Contents Music Licensing (1) Law 220 The course provides an overview of music licensing from both a legal and practical perspective. Music Licensing is a broad, complex topic with a language of its own. Students will become familiar with music licensing terminology and will understand the legal rights from which the terms and all music licenses originate. Since music licenses are essentially copyright licenses, those portions of copyright law that apply to music properties will be reviewed, as well as the business contexts in which they are relevant. National Security Law (2) Law 147 This course focuses on the government’s national security powers: the war power and the problem of separation of powers, the government’s power in emergencies, internal security concerns, access to national security information, and restraints on publications in disclosing of national security information. Patent Clinic (2) Law 239 Under the supervision of a patent practitioner registered to practice before the U.S. Patent and Trademark Office, students will write patent applications for needy inventors. Students will interview an inventor, prepare drawings and a description for a patentability search, evaluate the patentability search results, prepare drawing layouts for a patent application for the inventor, and write all parts of the specifications including claims for the invention. Applications will be filed with the U.S. Patent and Trademark Office. If an office action arrives at an appropriate time, the students will then prepare a response to the office action. Each student will participate in evaluating and perfecting the work of the other students and will submit, for the final grade, their version of the patent application for the inventor. Patent and Trade Secret Law (3) Law 117 The law of patents, including inventorship, section 102 bars, specification and claims, patentable subject matter, requirements for patentability, filing and prosecution of a patent application, claim interpretation, and infringement and litigation issues. The law of trade secrets, including the definition of a trade secret, the duty of nondisclosure, misappropriation, improper means of discovery, remedies, and the Uniform Trade Secret Act. Patent Law Planning and Practice (3) Law 290 Prerequisite: Patent and Trade Secret Law Planning for efficient economic use of intellectual property, obtaining patent disclosures from inventors, patent search initiation and opinion analysis, preparation of patent applications including claim drafting criteria, analysis of Patent Examiner action and preparation of response, trademark search criteria, analysis and opinion preparation, preparation of trademark and copyright application, patent infringement analysis and opinion preparation, and effective use of intellectual property licenses. Patent Law: Statutory & Regulatory Fundamentals (2) Law 199 (Previous patent law coursework and/or experience is highly recommended) The course is designed for a person interested in the fundamentals of patent law and, particularly, in representing clients before the United States Patent and Trademark Office. The course will track a patent application for an invention from the moment of conception through the U.S. Patent and Trademark Office. The principal laws are covered along with an extensive focus on the legal characterization of “prior art.” The course will study in depth Title 35 USC; the Manual of Patent Examining Procedures, and the Code of Federal Regulations as it relates to patent practice. Claim drafting is also introduced and practiced. THE 105 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Elective Course Descriptions Patent Office Practice (3) Law 197 Prerequisite: IP Survey, Patent & Trade Secret Law, Substantive Patent Law I or II All aspects of proceedings before the U.S. Patent & Trademark Office, including: the formal requirements of the patent application, communications from the examiner, requirements for restriction, rejection of applications and claims, examiner interviews, appeals from patent office decisions, certificates of correction, and reissue practice. Professional Malpractice (2) Law 142 Investigation of principles of professional malpractice law encompassing selected professions (emphasizing the medical and legal professions). This course also analyzes the legislative response in this area and treatment of policy considerations. Protection of Intellectual Property in a Global/Digital Environment (3) Law 178 The Internet has had a profound impact on the recognition and protection of intellectual property rights in a digital environment. This course is designed to explore the unique interplay between intellectual property rights and the Internet and other digitized formats, in both the United States and internationally. Among the issues to be explored are the impact of digitization on copyright ownership and use, database protection, cybersquatting and other domain registration and use issues, framing, cyberpiracy, Internet business patents, cyber-enforcement, and international regulation of intellectual property rights on the Internet. Payment Systems Law (3) Law 271 Prerequisites: Contracts I and II This course is a comprehensive introduction to the statutory and common laws that regulate the payment of monetary obligations (exclusive of investment securities). The course will focus on the mechanisms for creating and using paper-based negotiable instruments through the use of checks and promissory notes (U.C.C. Articles 3 & 4 and Regulation CC of the Expedited Funds Availability Act [EFAA]), electronic funds transfers through the use of debit cards and wire transfers (U.C.C. Article 4A and Electronic Funds Transfer Act [EFTA]), credit cards, and letters of credit (U.C.C. Article 5). Psychology and the Law (2) Law 240 This course explores the relationship between the two disciplines, both of which try to understand and regulate human behavior. Topics will include such issues as personal responsibility for wrongful acts, the legal concept of competence and incompetence, treatment of the mentally ill, the rights of the mentally ill, and voluntary and involuntary commitment. Philosophy of Law (2) Law 268 The first half of the course is concerned with the major theories of law, including natural law, analytical jurisprudence, positivism, sociological jurisprudence, and American legal realism. The second half is devoted to selected legal-philosophical problems such as human rights, legal responsibility, nature of rights, civil disobedience, or duty to obey law. These selected problems will be studied in light of the various theories of law surveyed in the first half of the course. Public International Law (3) Law 110 Public international law with emphasis on the sources of international law and municipal law, subjects of international law, sovereignty, objects of international law, international transactions (treaties, torts), war and neutrality, law of international institutions, and the United Nations. Predatory Lending (3) Law 288 This course has two components—lectures team-taught by experts in the area and the practical application of the material covered in the lectures. As part of the course, students will learn how to evaluate home lending documents for predatory terms; how to counsel borrowers about their rights under federal, state, and local laws that deal with predatory home lending practices; and how to settle disputes and restructure loans using non-litigation techniques. Students will interview consumers, counsel them about the terms of their loans, and discuss their options. Students will also educate Chicago consumers about the issues of predatory lending. Public Law Litigation (2) Law 241 Prerequisite: Constitutional Law. Not open to students who have taken Pretrial Practice in Civil Litigation. This seminar simulates in a structured and supervised way the actual manner in which a lawyer is confronted in practice with a difficult question of public law. Students will be required to interview the client, advise the client on how best to proceed, draft pleadings, conduct discovery, and brief and argue pretrial motions. The course will force the student to confront ethical and procedural problems as well as substantive problems, and to make strategic decisions as well as theoretical judgments. To simulate the experience of working effectively with other lawyers, the class will be divided into “law firms” that will represent the different sides of the dispute. Pretrial Practice in Civil Litigation Seminar (3) Law 235 Prerequisites: Civil Procedure I and II and senior standing. Not open to students who have taken Public Law Litigation. The study of pretrial practice in civil litigation, including pleadings, motions, discovery devices, pretrial conferences, and orders. Building upon the fundamental concepts of procedure contained in civil procedure, the course is intended to give the student a greater understanding of the theoretical and practical import of pretrial practice, including the role of pleadings and discovery, issues surrounding privileged communications, attorney work-product privilege, and the significance of protective orders. The course provides skills training in the pretrial activities customarily confronted by an attorney including drafting pleadings, discovery materials, proposed pretrial orders and memoranda of law, taking depositions and interviewing prospective witnesses, taking part in hearings on motions, and pretrial conferences. Publishing Law (1) Law 267 The objective of this course is to offer an overview of legal issues as they arise in the publishing environment. The course will examine a range of issues that occur in publishing, including certain aspects of contract and copyright law, but also including trademark law, right of publicity law, Internet law, and First Amendment law. The topics addressed will be approached from two perspectives; one “defensive,” to avoid litigation; and another “offensive,” to build value in the intellectual property that is created by the author and the publisher. Real Estate Transactions (3) Law 243 Products Liability (2) Law 238 Prerequisite: Torts This course provides in-depth analysis of the theories of liability and doctrines that pertain to claims for damages suffered as a result of defective products, including an advanced study of principles of negligence and strict liability. Click for Table of Contents Prerequisites: Property I and II This course introduces the basic residential real estate transaction including the relationship of brokers to seller and to buyer, broker listing agreement, the real estate sales contract, typical real estate financing devices, land surveys, marketable title, title insurance, the Recording Acts, implied warranties in residential sales, seller disclosure requirements, and ethical responsibilities of the attorney in representing the various parties to the transaction. THE 106 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Elective Course Descriptions Recent Illinois Decisions (1) Law 118 A survey of recent decisions of the Illinois Supreme Court and Appellate Courts. Each student will write a casenote on one of the cases discussed in the Court. No law review student may enroll. Religion and the Law (2) Law 269 Aspects of Western religious belief as they have been inculcated into the English and American legal systems (including an examination of both civil and criminal substantive law) have been affected and have reflected beliefs and precepts taken from Judaism and Christianity. An examination of the church-state relationship as it has evolved to date from Colonial times; issues and cases exploring and defining that relationship on the state and national level in the United States. Remedies (3) Law 120 Remedial values, goals, and mechanisms; development of equity jurisprudence; equitable principles, maxims, powers, and remedial devices; equitable remedies (including those that operate on the person and those that affect property); equitable defenses (including estoppel, laches, fraud, mistake, and hardship); enforcement of decrees and judgments (including contempt); restitution and unjust enrichment; remedies for injuries to the person; remedies for interference with property interest; remedies for injuries to intangible business and personal interests; and compensatory and punitive damages. Right of Publicity and Protection of Personality (3) Law 196 This course examines the origin, creation, and protection of publicity and privacy rights in the context of intellectual property issues. Course readings and class discussion are supplemented with guest speakers who have experience with these issues. Rights of Prisoners in American Law Seminar (2) Law 121 The seminar is divided into two parts. The first will be devoted to a study and discussion of post-conviction rights of American prisoners, the jurisdiction of state and federal courts over cases brought by prisoners, and the remedies available to a convicted person in this country under some state and federal law. The second part will be devoted to a study of the nature of remedies available to a prisoner under U.S. law, the kinds of occurrences within institutions of incarceration that give rise to a cause of action for and on behalf of a prisoner in a state or federal American court, and analysis of recent cases and decisions. Sales Transactions (3) Law 245 Prerequisites: Contracts I and II Introduction to Article Two—Sales of the Uniform Commercial Code. Emphasis upon documentary transactions, counseling business clients, and statutory interpretation. Scientific Evidence Seminar (2) Law 246 The course will deal generally with the theory and practice of the use of expert witnesses and the direct and cross questioning of such witnesses. Students will be required to do original work in locating scientific treatises and in preparing themselves to examine specialists in several disciplines. While it is anticipated that most of the course will involve examinations in the field of chemistry and psychiatry, this depends upon the availability of specialists in those fields. An attempt will be made to develop principles that can be applied in the examination of any expert witness. Grading will be based, at least in part, upon classroom performance and papers submitted. Some form of written examination, however, may also be used. Click for Table of Contents Secured Transactions (2) Law 247 Recommended: Sales Transactions Study of Article Nine—Secured Transactions of the Uniform Commercial Code; related provisions of the Code and of other statutes, especially the Bankruptcy Reform Act. Practice in planning and drafting. Securities Regulation (3) Law 248 Recommended: Corporations Basic law and current problems in the regulation of the issuance and sale of securities, federal and Illinois statutes and decisions, the regulations of the S.E.C. and regulations of the Securities Department of the Secretary of State of Illinois. Seminar in Public Sector Labor Relations (2) Law 237 Prerequisite: Labor Law A study of the specialized and rapidly developing law governing public sector labor relations, including collective bargaining, mediation, interest and grievance arbitration, unfair labor practices, bargaining, strikes, fair share fees, and recent developments under the Illinois laws which give teachers, police, firefighters, and other public employees collective bargaining rights. Enrollment is limited to 20. Grades are based on a seminar paper and participation in seminar discussions. Seminar on Selected Topics in Intellectual Property Law (2) Law 295 Prerequisites: Patent and Trade Secret Law, Trademark and Copyright Law This seminar will cover various topics from all branches of intellectual property law including patents, trademarks, copyrights, unfair competition, trade secrets, and international intellectual property law. Each student will choose a topic, research the topic, prepare a paper, and present the paper to the class. During the first few weeks of class, guest lecturers will speak on current issues and suggest sample topics from each of the main areas of intellectual property law. Sports Law (2) Law 228 The course will cover the law governing professional sports leagues and players, including: relationships, rights, options, free agency, drafts, player negotiations, arbitration, antitrust, sports as entertainment, and rules governing agents and college athletes. Taxation of Compensation (3) Law 144 This course will explore the unique issues and laws involved in the taxation of compensation and other benefits provided to employees in the course of their employment. There are special income tax rules for current cash compensation and deferred compensation, for the value of health, welfare and other fringe benefits, and for grants of equity ownership. Current topics in the taxation of compensation and benefits that are molded by the court will be discussed. Students will learn the special income tax issues that corporations, partnerships and other business entities face when paying compensation and benefits to its employees, and will develop a basic understanding of the entire federal income tax system. No prior knowledge of federal tax law is required for this introductory course. Taxation of Corporations, Corporate Transactions and Shareholders (3) Law 225 Prerequisite: Income Taxation Taxation of corporations and shareholders occurring in connection with certain transactions, including corporate formation, distributions, redemptions, partial and complete liquidations, sales of assets or stock, and reorganizations. Also covered are subchapter S elections and the penalty taxes on accumulated earnings and personal holding companies. THE 107 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Elective Course Descriptions Taxation of Estates and Trusts (3) Law 232 Trial Advocacy: Advanced (3) Law 182 Prerequisite: Trial Advocacy Designed for students who intend to be trial lawyers. Full preparation and trial of one or more jury trials under the close supervision of the instructor. A detailed study of federal estate and gift taxation and the income taxation of estates and trusts, and elementary principles of estate planning. Taxation Seminar: Advanced (3) Law 227 Prerequisites: Income Taxation; Corporations; and Taxation of Corporations, Corporate Transactions and Shareholders A problem approach combining both individual partnership and corporate income tax problems, written problems and assignment of memoranda simulating the law firm work environment, and substantial research using the various tax materials available. Course limited to 15 students. Unfair Competition and Trade Regulation (3) Law 273 Economic and legal aspects of competition; the privilege of competition; unfair trade practices including trade secrets, misappropriation, product disparagement, interference with contractual relations, trademark and trade infringement, and false and misleading advertising; Federal Trade Commission jurisdiction and regulation of unfair and deceptive acts and practices; lotteries, gift enterprises; and sales below cost. Torts Law Seminar (2) The topic of this seminar will change from time to time to allow the professor and students to explore current topics in tort law. Students will be required to research and draft a paper on a topic of their choosing with guidance from the professor. Class discussions will revolve around the general theme of the seminar and the research projects. Voting Rights and Elections (2) Law 123 This course focuses on voting rights and election law. It deals with topics such as: the right to vote and its historical development, AfricanAmerican enfranchisement, reapportionment, statistics and other similar evidence in voting rights and election cases, the Voting Rights Act and its current interpretations, campaign financing, electioneering vs. issue advocacy, eligibility for office, ballot access, free speech in the political process, television and radio political parties, and the electoral college. Trademark and Copyright Law (3) Law 124 The law of trademarks including creation and maintenance of trademark rights, registration and administrative proceedings, intent-to-use applications, generic marks, abandonment, infringement, laches and unclean hands, concurrent rights, misrepresentation, and configurati on marks. The law of copyright including copyrightable subject matter; the idea/expression dichotomy; compilations and derivative works; computers; pictorial, graphic, and sculptural works; duration and renewal; ownership; publication and notice; deposit and registration; protectable rights; fair use; and remedies. Women, Law, and Feminist Jurisprudence (3) Law 143 There will be two parts to this course: historical perspective and application. First, students will study the history of women and the law. The history will include the historical framework for women’s inferior legal status and insubordination, the law’s response, and the role of the women’s movement throughout this history. In addition, students will study jurisprudence, its history, and how feminist theories fit into that history. Second, the students will study how the history, law, and theories apply to various topics particularly affecting or having a differential impact upon women: sexuality, pregnancy, violence, reproduction, marriage, children, family life, employment opportunity, and educational opportunity, to name a few. The course will be formatted as a seminar, with the grade to be based on a research paper and possibly an oral presentation. Trademark and Copyright Law Planning and Practice (3) Law 127 Prerequisite: Trademark and Copyright Law The planning and practice of establishing, commercializing, and protecting intellectual property assets under U.S. copyright and trademark laws. Students will examine the intricacies of trademark and copyright clearance, selection, registration, and protection, including the preparation of opinion letters, applications, office action responses, and infringement analysis; licensing, securitization, development, and merchandizing deals; due diligence exercises for software acquisitions; advertising review, customs recordation and seizure practice, Internet publishing and service provider agreements, and trademark litigation survey preparation. Transnational Legal Negotiations: Accelerated (2*) Law 193 This course focuses on legal negotiations in a transnational context. The course examines the theories, methods, techniques, and objectives of legal negotiations as applied to transactions and disputes that arise in a transnational transaction or dispute. Students will conduct simulated negotiation exercises using American and foreign laws and customs; particular emphasis will be placed on the legal, ethical, and cultural challenges facing an American lawyer in negotiating a foreign transaction or dispute. At the Dean’s discretion, the course may be conducted in a foreign country. Possible host countries include Ireland, Great Britain, Scotland, and Australia. (Not open to students visiting from another law school.) *Students may enroll in an optional one-hour independent study component Click for Table of Contents i Writing for the Practice of Law (3) Law 151 This course focuses on Illinois Civil Procedure as the basis for the writing problems, but it is not a substitute for the substantive course in Illinois Civil Procedure. The course is intended to be practical preparation for the practice of law, which is oftentimes stressful because of time constraints. To provide experience working regularly under time constraints, during 90 minutes of each three-hour class the students will resolve a problem in Illinois Civil Procedure using a set of prepared materials. The assigned tasks will include objective memos, letters of opinion, and argumentative memos. THE 108 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index J.D. Course Descriptions Electives in the LL.M. Programs 1 J.D. students must receive approval from the appropriate program director before registering for an LL.M. course. 2 J.D. credit received for LL.M. courses cannot be counted toward an LL.M. degree, except in a joint J.D./LL.M. program. 3 Non-joint-degree J.D. students may take no more than six hours in LL.M. programs. 4 Interested students should consider applying for the joint J.D./LL.M. program. 5 J.D. students may take selected courses in the LL.M. Program in Employee Benefits. Among the courses likely to be of interest are Survey of Executive Compensation Plans and Survey of Welfare Plan Issues. 6 J.D. students may take selected courses in the LL.M. Program in Information Technology Law. Among the courses likely to be of interest are Computers and the Law, Cyberspace Law, Electronic Commerce Law, International Telecommunications Law, and Privacy Rights. 7 J.D. students may take selected courses in the LL.M. Program in Intellectual Property Law after completing both Patent and Trade Secret Law and Trademark and Copyright Law with at least a B– in each course. 8 J.D. students may take selected courses in the LL.M. Program in International Business and Trade Law. Some LL.M. credits may be applied toward the J.D. Certificate in International Business and Trade Law. The center recommends that J.D. students interested in taking LL.M. courses first complete International Business Transactions and International Trade Law at the J.D. level, in addition to Corporations, Sales Transactions, and Administrative Law. 9 J.D. students may take Real Estate Finance and Commercial Real Estate Transactions in the LL.M. Program in Real Estate Law after completing Property, Real Estate Transactions, and Income Taxation. 10 J.D. students may take selected courses in the LL.M. Program in Tax Law. Among the courses likely to be of interest are Business Practices for Tax Lawyers, Gift & Estate Tax Law, Personal Financial Planning, and Corporate Taxation: A Survey. The following courses may be taken for J.D. or LL.M. credit: Art Law (1) JD-Law 229/LLM-IP 425 Claim Drafting (2) JD-Law 286/LLM-IP 465 Employee Benefits Law (3) Law 216/EB 360 Entertainment Law (2) JD-Law 215/LLM-IP 419 Gaming Law (2) JD-Law 234/LLM-IP 444 Intellectual Property Licensing (3) JD 195/IP 407 Music Licensing (1) JD-Law 220/LLM-IP 436 Patent Clinic (2) JD 239/IP 439 Patent Law: Statutory & Regulatory Fundamentals (2) JD-Law 199/LLM-IP 449 Patent Office Practice (3) JD 197/IP 402 Publishing Law (1) JD 267/LLM-IP 443 Right of Publicity and Protection of Personality (3) JD 196/IP 423 Sports Law (2) JD-228/LLM-IP 426 Click for Table of Contents THE 109 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions LL.M. Courses in Employee Benefits Note: The number in parentheses ( ) indicates semester hours of credit. Required Courses Fundamentals I of Retirement Plan Issues (3) EB 361 Prerequisite: Survey of Retirement Plan Issues or equivalent knowledge This course and Fundamentals II (EB 362) provide an in-depth examination of the rules governing retirement plans “qualified” under Section 401(a) of the Internal Revenue Code. Intended for the practitioner who wishes to specialize in this area, the course covers the design, qualification, funding and the administration of employee retirement plans, with emphasis on compliance with the requirements of ERISA and the Internal Revenue Code. Fundamentals II of Retirement Plan Issues (3) EB 362 This course is a continuation of Fundamentals I (EB 361), intended for the practitioner who wishes to specialize further in employee benefits. The course continues the in-depth examination of retirement plan issues. Where applicable, lectures will be supplemented with necessary plan and trust documents. Survey of Executive Compensation Plans (2) EB 365 Prerequisite: Individual Income Tax Recommended: Taxation of Corporations This survey course is intended to provide an overview of the framework of rules governing nonqualified executive compensation, with primary focus on the tax, legal, financial, and accounting issues that specifically impact such arrangements. Funding vehicles such as “rabbi” and secular trusts are discussed. Advanced coverage of executive compensation plans will be addressed in EB 369 (Executive Compensation Benefits: Advanced). Survey of Retirement Plan Issues (3) EB 360 This course will survey provisions of ERISA and the Internal Revenue Code concerning the qualification of employee pension and profit sharing plans. By providing an overview of the framework of rules governing such plans, students will learn the basic tax, legal, business and other issues that specifically affect retirement plans and participants’ rights under such plans. When this course is offered in a two-credit-hour format during the summer term, the course number will be changed to EB 359 to reflect that fact. No student will be permitted to take the course in both formats. Survey of Welfare Plan Issues (2) EB 363 Prerequisite: Individual Income Tax This basic survey course is intended to provide fundamental familiarity with welfare benefit plans. It examines the wide variety of Code provisions governing welfare benefit plans, namely short- and longterm disability income plans, dependent care and family leave, medical and dental plans, death benefit coverage, unemployment compensation, and others. Topics such as flexible benefit plans and flexible spending accounts which provide tax shelters for such welfare benefits will also be discussed. Click for Table of Contents Tax & Employee Benefits Research (2) TX 333 This course acquaints students with the large amount of research materials available in the tax and employee benefits areas and develops their skills in researching issues through the effective use of these materials. Primary and secondary sources will be examined in depth. Emphasis will be placed on researching judicial decisions, legislative histories, and administrative rulings. The course will also develop skills in using computerized research tools. No final examination will be given. Student evaluations will be based on various research assignments. Elective Courses Cash or Deferred Arrangements (2) EB 354 Prerequisites: Fundamentals I and II of Retirement Plan Issues This course examines the design and administration of cash and deferred plans (also known as 401(k) plans), SIMPLE/IRA plans, SIMPLE/401(k) plans, SEPs, 403(b) plans and 457 plans. In determining whether to implement a cash and deferred arrangement, all of the various arrangements will be discussed. Once in place, the ongoing administration of such plans, including annual testing, use of plan loans, investment of plan assets, fiduciary issues, QDRO procedures and reporting and disclosure requirements will be highlighted. Unique uses of cash and deferred arrangements with ESOPs and in executive compensation contexts will also be analyzed. Contemporary Benefit Issues (2) EB 367 Prerequisite: Fundamentals I of Retirement Plan Issues This course is intended for the tax practitioner who is well-versed in employee benefits law and wishes to keep abreast of timely issues that affect employee benefit plans. Current topics may include IRS/DOL compliance and audit programs, estate tax planning distributions, fiduciary litigation, and the impact of other federal laws on employee benefit plans (e.g., HIPPA, COBRA, and FMLA). DOL Externship Program (3-4) EB 393 Prerequisites: Fundamentals I and II of Retirement Plan Issues Students selected to participate in this program work with the attorneys at the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor’s Chicago Regional Office. The educational objectives of this course include practical experience in employee benefits law, development of research, writing and drafting skills, and preparation of memorandum, discovery documents, guidelines to assist pension investigators and auditors. Professor Kathryn J. Kennedy is the director. Employee Benefits Litigation (2) EB 358 Prerequisites: Survey of Retirement Plan Issues or Survey of Welfare Plan Issues This advanced course examines the litigation aspects of controversies and claims involving pension and retirement plans, health and medical plans, and other employee fringe benefit plans. The course covers all aspects of claims, defenses, pleadings, discovery, motions, trial and settlement approaches used in employee benefits litigation and dispute resolution. It is designed for attorneys handling litigation involving employee benefit plans and presumes a working knowledge of ERISA and the qualification requirements for various employee benefits plans under the Internal Revenue Code. THE 110 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions Employee Benefits Practice and Procedure (2) EB 357 Prerequisite: Fundamentals I of Retirement Plan Issues This course examines the federal administration of employee benefit plans under the Internal Revenue Code and ERISA, including requests for determination letters, private letter rulings, technical advice, preparation and filing of annual returns, audit procedures, administrative appeals, funding deficiencies, tax penalties and statute of limitations. Preparation of a determination letter request and plan amendments for a qualified retirement plan will be required. Employee Benefits Practicum (3, 4) Law 397 The Employee Benefits Practicum was added to the curriculum to provide students with a hands-on experience in employee benefits practice. Under careful supervision, the student will work with a member of the adjunct faculty in one of the various settings where employee benefits lawyers practice: law firms, consulting firms, corporations or government. The course is intended to meet the needs of the individual student who has not yet had significant practice experience in the field of employee benefits law. ERISA Fiduciary Law (2) EB 356 Prerequisites: Survey of Retirement Plan Issues and Estates and Trusts I This course is designed to be a practical study of the fundamental structure of fiduciary responsibility under ERISA: the requisites for fiduciary status, the statutory bases of specific duties and prohibitions, and issues surrounding the management of plan assets. Timely topics, such as participant-directed investments and the evolving duty of disclosure, will also be discussed. ESOPs (1) 355 Prerequisites: Fundamentals I and II of Retirement Plan Issues This course focuses on the use of employee stock ownership plans (ESOPs) as employee benefit plans, tools of corporate finance, and ownership succession strategies. The course will address tax consequences of establishing and maintaining such plans, as well as securities, accounting and fiduciary issues. Use of ESOPs in leveraged transactions, by Subchapter S corporations, and in conjunction with cash and deferred arrangements (KSOPs) will be examined. Executive Compensation Benefits: Advanced (2) EB 369 Prerequisite: Survey of Executive Compensation Plans This course is a continuation of Survey of Executive Compensation Plans, intended for the practitioner who wishes to specialize further in executive compensation. Various types of equity-based compensation plans and related securities law issues, change of control arrangements, executive compensation for multinationals and tax-exempts, and the uses of insurance in the executive compensation package will all be discussed. Where applicable, lectures will be supplemented with sample contracts and plans. Drafting exercises will be used as appropriate. Graduate Seminar: Employee Benefits Law (2) EB 368 Prerequisite: Fundamentals I & II of Retirement Plan Issues This advanced-level course is offered to prepare the student for the real world after leaving the purely academic environment. The course is restructured each time it is offered so that current topics are discussed and so that the most relevant practitioners can participate as guest lecturers. Grades will be determined on participation in seminar discussions and on a specifc writing requirement (that will be communicated on the first day of the class). Independent Study (1-3) EB 394 International Employee Benefits (1) EB 388 Prerequisites: Fundamentals I and II of Retirement Plan Issues This course is intended to familiarize the practitioner with issues arising from the use of employee benefit plans in the international context. Such plans include a variety of deferred compensation arrangements, including qualified pension, profit sharing, stock bonus and ESOPs, as well as nonqualified plans, individual deferral arrangements and stock-based purchase plan. The tax effects of such plans on the U.S. employer, as well as the employee of a multinational company will be discussed. IRS Externship Program (3-4) EB 389 Prerequisites: Federal Income Tax, Tax /Employee Benefits Research, and Survey of Retirement Plan Issues Students selected to participate in this program work with the attorneys at the Office of Chief Counsel of the IRS’ Tax Exempt/Government Entities Counsel. The educational objectives of this course include practical experience in tax & employee benefits law, development of research, writing and drafting skills, and preparation of pleadings, discovery of documents, stipulations of fact and trial memoranda used in Tax Court cases. Pension Benefit Guaranty Corporation (PBGC) Summer Externship Program in Washington, D.C. (3, 4) Law 391 Students selected to participate in this program work with the PBGC attorneys, accountants and actuaries over the summer months in Washington, D.C. The PBGC is a federal corporation created by the Employee Retirement Income Security Act of 1974. It insures private single-employer and multi-employer defined benefit pension plans. The education objectives of this externship include practical experience in defined benefit plans and their terminations; to further develop research, writing and drafting skills; to learn practical lawyering skills of document review and application of law and policy. Consultation with and approval of the director of the program is required for registration. Pension Rights Center Externship Program (3, 4) Law 396 Students selected to participate in this program will work closely with Pension Rights Center attorneys and personnel. The Pension Rights Center is the country’s only consumer organization dedicated solely to protecting and promoting the rights of American workers, retirees, and their families. It works in conjunction with the Pension Information and Counseling Project that has projects in Illinois, Massachusetts, Michigan, Minnesota, Missouri, New York, Ohio, Texas, and Wisconsin. The educational objectives of this externship include practical experience in developing research, writing, and drafting skills; to learn practical lawyering skills of document review; and to be involved in consumer outreach efforts. Consultation with and approval of the director of the program is required for registration. Profit Sharing/401k Council of America (PSCA) Externship Program in Chicago (3, 4) Law 390 Students selected to participate in this program work with the attorneys at the Profit Sharing/401k Council of America (PCSA). The PCSA is a national, non-for-profit association that offers assistance to their members regarding the administration, investment, compliance and communication of profit sharing and 401(k) plans. The educational objectives of this externship include practical experience in profit sharing and 401(k) plans; development of research, writing and drafting skills; preparation of memoranda and communication pieces to assist PCSA members. Consultation with and approval of the director of the program is required for registration. Research on an issue of employee benefits law and formation of an original idea in connection with that issue, culminating in a written work of publishable quality. Click for Table of Contents THE 111 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions Specialized Employee Benefit Plans (2) EB 366 Prerequisite: Fundamentals I of Retirement Plan Issues Intended for the tax practitioner who has a firm foundation of the rules governing retirement plans, this course examines the additional tax rules applicable to specialized retirement plans. Specialized plans discussed include cash and deferred arrangements, state and local governmental plans, tax-deferred annuity plans, multi-employer plans, foreign pension plans, ESOPs, IRAs and SIMPLEs, retirement plans for small businesses and the self-employed, cash balance plans and target benefit plans. Drafting of plan documents will also be discussed. U.S. Department of Treasury Office of Tax Policy, Benefits Tax Counsel Summer Externship Program in Washington, D.C. (3, 4) Law 395 Students selected to participate in this program will work in The Department of Treasury’s Office of Tax Policy over the summer months in Washington, D.C. Each student will be assigned to an Office of Benefits Counsel supervising attorney, who is responsible for the extern’s orientation; introduction to attorneys, accountants and actuaries in that office; assignment of work; and final evaluation of performance. The educational objectives of this externship are to provide students with practical experience in a specialized area of employee benefits law by becoming thoroughly familiar with the legal and policy implications of the Office of Benefits Counsel within the Department of the Treasury. Consultation with and approval of the director of the program is required for registration. Welfare Benefit Plans: Tax, Legal & Design Issues (2) EB 364 Prerequisite: Survey of Welfare Plan Issues This course goes beyond the basic survey course of EB 363 and examines the specific tax, legal and design rules affecting welfare benefit plans, including flexible benefit plans and flexible spending accounts. Also discussed are the various insurance and self-insured funding instruments, including Section 501(c)(9) trusts, that are used in connection with these benefits. Timely topics, such as post-retirement medical benefits for retirees and long-term care, are also discussed. LL.M. Courses in Information Technology and Privacy Law intellectual property rights and protection, regulation, jurisdiction, and standards of ethics and propriety. Information Law and Policy (3) IT 801 This seminar considers the historical foundation and current status of information law and policies. Students examine a variety of issues concerning informational privacy: the gathering, use, manipulation, dissemination, and protection of information about individuals and organizations held by third parties. Topics include the right of access to information, the free flow and use of information, the creation and value of an individual’s “digital persona,” and the roles of government and the private sector in protecting informational privacy. Specific materials may focus on consumer data privacy, confidentiality of financial and medical information, access to criminal history records, protection of personal information held by the government, workplace privacy issues, and much more. Elective Courses Advertising Law (2) IP 417 The course covers advertising litigation under the Lanham Act, private, state and local public remedies for consumer protection against deceptive advertising, Federal Trade Commission regulation of deceptive advertising, Federal Trade Commission regulation of consumer protection, and consumer protection under other federal statutes. Computer Crime, Information Warfare, and Economic Espionage (2) IT 848 The computer crime elements of this course include issues such as computer intrusions, online fraud, “electronic stalking,” computer viruses, and theft of service. The information warfare aspects encompass infrastructure security, “hacktivism,” and other such issues. Economic espionage includes legal, technical, and social aspects of protecting sensitive and proprietary information. Contemporary Problems in Computer Law (3) IT 820 Topics discussed in this seminar may include technological developments, recurring and significant issues in electronic contracting, integrated system transactions, liability and litigation, computer generated evidence/expert testimony, privacy/security, government contracting issues, bankruptcy and software escrows, taxation, international law and transactions, antitrust, domestic and international distribution and software and database acquisitions. Required Courses Computers and the Law (2) IT 803 This course is designed to give students an awareness of the legal issues surrounding the development and use of computer and other technologies. Subjects include an introduction to computer systems and other applicable technologies; legal aspects of the sale or lease of technology and technology based services; and special problems in contract, tort, intellectual property, and information law arising from the use of computer and other technology. Copyright Law and Practice (3) IP 406 The course explores the statutes and case law defining the scope of U.S. copyright law, including the 1909 Copyright Act, the 1976 Copyright Act, and the 1988 Berne Convention Implementation Act as it affects both domestic and foreign copyrights in the United States. Cyberspace Law (3) IT 808 This seminar provides an overview of Internet law. Students consider such issues as the nature of online services, governance and business structures in the borderless electronic environment of Cyberspace. Subjects will vary as the field develops, but will include such areas as tort liability, freedom of expression, crime and security, privacy, Click for Table of Contents Contemporary Technology and Intellectual Property Law (2) IP 421 This course examines problems in intellectual property law caused by new forms of technology. It will study the difficulties faced by the U.S. Patent & Trademark Office and courts in applying existing patent, copyright and trademark law to promote progress on the frontiers of science, and will propose solutions. Areas to be considered include: the patentability of life forms, inventions made in space, semiconductor topology, non-traditional property forms, look and feel of computer programs, biotechnology, colorization of movies, moral rights, industrial designs, shrink wrap licenses, states’ rights versus preemption and supremacy, and copying for home use. Current Topics in Information Technology Law (1, 2) IT 880, IT 881 The Current Topics seminar focuses on a specific area of information technology or privacy law. Students will examine current controversies and technological developments as they relate to the traditional legal framework. Offerings have included Internet Fraud, Workplace Privacy, the Microsoft Antitrust Litigation, Regulatory Compliance Regarding Health and Financial Information, Protecting Children Online, Unsolicited Commercial E-mail Marketing (SPAM), and Online Access to Legal Services. THE 112 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions Electronic Commerce Law (2) IT 830 This seminar analyzes the law of electronic transactions, including issues presented by digital cash, micropayments, anonymous and pseudonymous transactions, privacy and accountability, digital signatures and message authentication, fraud, and consumer protection. Electronic Document Certification (2) IT 835 The course focuses on the law governing electronic contracting, electronic documents, and digital signatures. The course examines issues of jurisdiction, privacy concerns, tort liability, statutory interpretation, administrative agency oversight, ethical considerations, criminal responsibility, and other topics in the United States and internationally. Students will engage in exercises in document and legislative drafting, ethics considerations, and statutory applications. Free Speech in Cyberspace (2) IT 841 This seminar considers the legal and policy questions arising from the borderless and relatively open communication channels of the Internet. Course content includes First Amendment interpretations in the digital, electronic environment; media practices in accessing personal or proprietary information in cyberspace, using the Internet to supplant or supplement traditional media dissemination and the tension between free speech and intellectual property rights. Students will explore questions of rights and liabilities in connection with obscenity, pornography, commercial speech, harassment, hate speech, defamation and invasions of privacy. Governance and Regulation in Cyberspace (2) IT 865 This seminar explores various approaches to rulemaking and dispute resolution in the borderless environment of cyberspace. Attempts by international organizations, individual governments, industry groups, and private enterprises to create legal and regulatory structures will be considered. High Technology Litigation (2) IT 815 This seminar considers both the use of information technology in litigation and litigation about high technology. Subject matter includes the electronic filing of pleadings and documents; admissibility of digital electronic records or other evidence; discovery and electronic databases; use of computer-generated models and simulations; recent cases involving scientific or technical evidence; multimedia techniques for securing and presenting the depositions or testimony of distant witnesses; and techniques for presenting and explaining information about complex information and communications technology. Independent Research in Information Technology Law (1-2) IT 897 An independent research project must be approved by the director. It requires scholarly research resulting in a quality written product which makes a significant contribution to the field of information technology law. Students may register for either 1 or 2 credit hours of Independent Research within a semester or summer term. Students may receive up to a total of 3 credit hours for Independent Research toward the LL.M. or M.S. degree, and a combined total of 4 credit hours for the Journal of Computer and Information Law (IT 818), and Independent Research (IT 897). Intellectual Property Licensing (3) IP 407 The course covers implied licenses, express licenses, enforcement of license provisions, title interest in intellectual property, and license transfers. Click for Table of Contents International Intellectual Property Law (3) IBT 715 Organized multinational attempts to establish international norms for intellectual property protection have existed for well over 100 years. Given the intangible nature of the rights sought to be protected, the nature and scope of these rights has been hotly debated. This course will examine the dynamics of international protection as well as some of the most pressing issues faced in continuing efforts to develop international standards. Among the topics covered are the underlying theories of international intellectual property protection, the impact of culture and economics on intellectual property rights, the protection of cultural patrimony, neighboring rights, government takings, extraterritoriality and the border problems, and registration, protection and enforcement issues (including international enforcement of rights). In addition, students will study pertinent treaty regimes, including the Berne and Paris Conventions, TRIPS, NAFTA and selected EC directives, harmonization alternatives and the special problems of developing and newly emerging market economies. Prior knowledge of intellectual property is helpful but is not required. International Telecommunications Law (2) IT 850 This seminar surveys telecommunications laws and regulations worldwide, with particular emphasis on the United States (both federal and state), Europe, and Australia. Also to be addressed are major international agreements and organizations affecting telecommunications. Journal of Computer and Information Law (1) IT 818 The John Marshall Journal of Computer & Information Law is an international law review that focuses on the latest developments in computer technologies, information policies and privacy rights. Students in the LL.M. program who are selected to participate in the Journal’s candidacy program will write a comment or case note of publishable quality and participate in the Journal’s editorial activities. Students who successfully complete the candidacy program may choose to serve as a staff editor and receive an additional hour of academic credit. Grading is on a pass-fail basis. (Open only to LL.M. students; not available to joint J.D./LL.M. or M.S. Students.) Jurisdiction and Judgments in Cyberspace (2) IT 860 This seminar examines issues of jurisdiction and procedure as they are affected by the international and borderless aspects of cyberspace, including personal and subject matter jurisdiction, conflict of laws, the effect of foreign judgments, the role of international organizations and transnational governments, and alternative methods of dispute resolution. Master Classes on Advanced Topics in Intellectual Property Law (1) IP 429 A-Z Master classes are offered each semester on advanced topics in intellectual property law. The classes are held either in a one-week session of three-hour evening classes, or in a two-full-day format. Master’s Thesis in Information Technology Law (3) IT 899 The master’s thesis option involves the writing of a scholarly thesis suitable for publication, and its presentation and defense before a panel of faculty and students. The topic must be approved by the director, and the thesis must be written under the supervision of a full-time faculty member. The option is available to LL.M. and M.S. degree candidates who have completed at least 10 semester hours toward the degree. THE 113 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions Multimedia Licensing and Transactions (2) IT 825 This seminar covers a broad range of legal issues related to the ownership, use, and transfer of multimedia works such as computer software, interactive television, online services, and hypermedia. Copyright and licensing issues will be emphasized, but other intellectual property interests as well as regulatory and tort liability issues will also be explored. Practicum in Information Technology Law (1-2) IT 893 The Practicum involves substantive work in the field of information technology law performed in a law practice setting under the supervision of attorneys in private, corporate, or governmental practice. Practicum assignments must be approved by the director in advance, and grading is on a pass/fail basis based upon an evaluation of the student’s work. Students may register for either 1 or 2 credit hours of Practicum work within a semester or summer term. Students may repeat the Practicum in subsequent semesters for a total of up to 4 credit hours toward the LL.M. degree. (Open only to LL.M. students; not available to Joint J.D./LL.M. or M.S. students.) of trademark rights, proof of infringement, special defenses and limitations, unfair competition law, and jurisdiction and remedies. Transborder Data Flow (2) IT 855 This seminar explores national and international implications of the flow of digital electronic data across jurisdictional lines; conflicts of laws and culture regarding content or expression in communications; and comparative analysis of U.S., European Community, and other national laws that regulate or tax electronic messages or the transport of electronic data bases across national boundaries. Special attention is given to the European Union Directive on Data Protection. U.S. Telecommunications Law (2) IT 851 This seminar addresses the scope and effect of the federal Telecommunications Act of 1996, Illinois regulation of the telecommunications industry, and the relationship between state and federal telecommunication regulations and the industry. Note: With the approval of the program director, up to six credit hours of advanced elective course work in intellectual property law and other areas related to information technology law may be counted toward the LL.M. in Information Technology Law. Privacy Rights (2) IT 845 This seminar considers the historical foundation and current status of privacy rights in the U.S. in the areas of tort and constitutional law. In the former, the subjects of intrusion into seclusion and publication of private fact are given special emphasis; the relationship between commercial appropriation of name and the new tort, “right of publicity,” is also examined, as is the relation between the false light privacy tort and defamation. In the constitutional arena, attention is given to personal autonomy in such matters as procreation, abortion, and choice regarding medical treatment and “death with dignity”; and personal and sexual associations and lifestyle. The Professional Responsibilities of a Technological Law Practice (2) IT 812 Prerequisite: Professional Responsibility (Law 176) This course examines the application of legal ethics to the use of technology in the practice of law. It explores emerging developments in the use of technologies (including the Internet) to facilitate, advance and deliver legal services. Students examine the lawyer’s obligations, particularly to the rules of professional responsibility, in a technological or cyber-based practice. The Rights of Publicity and Privacy (3) IP 423 This course examines the origin, creation and protection of publicity and privacy rights in the context of intellectual property issues. Course readings and class discussion are supplemented with guest speakers who have experience in these issues. Substantive Patent Law I (3) IP 400 The course explores the modern law of patentability and patent validity fundamentals, including: the Patent Act of 1952, Supreme Court and federal court cases, statutory patent categories, novelty, utility, nonobviousness, disclosure requirements, and claiming requirements. Technology in the Practice of Law (2) IT 810 Participants in this workshop-style seminar will learn about a wide range of applications of technology to the practice of law, including legal research and writing, litigation applications, electronic communication, electronic publishing, and billing and law practice management. Trademark Law and Practice (3) IP 403 The course explores the historical development of trademark law, creation and maintenance of trademark rights, trademark registration and administrative proceedings, loss of trademark rights, infringement Click for Table of Contents LL.M. Courses in Intellectual Property Law It is strongly recommended that all students take Substantive Patent Law I and Substantive Patent Law II or Law of Patents; Trademark Law and Practice; and Copyright Law and Practice. Accelerated Trial Advocacy for Intellectual Property Attorneys (3) IP 430 The course analyzes the mechanics of trying patent lawsuits, including: opening statements, preparation, direct and cross examination, in-trial motions, and closing arguments. The course is compacted into an intensive nine and one-half day format. This concentrated format gives a realistic understanding of the rigors of trial practice. The final examination is a simulated patent trial. Enrollment is limited to 14 students. Advanced Patent Application Preparation (2) IP 445 Prerequisite: Substantive Patent Law I or II The course is a continuation of IP 402 Patent Office Practice. It will give students extensive practical experience in all areas of drafting and prosecuting patent applications, including: specifications and claims for all areas of technology. Experts in each technological area will be brought in to give specific drafting instructions relating to mechanical, chemical, biochemical, electrical, biotechnological, and computer applications. Advanced Patent Clinic (2) IP 439 Prerequisites: Substantive Patent Law I or II and Patent Office Practice Under the supervision of a patent practitioner registered to practice before the U.S. Patent and Trademark Office, students will write patent applications for needy inventors. Students will interview inventors, will prepare drawings and descriptions for patentability searches, will evaluate the patentability search results, will prepare drawing layouts for applications, and will write all parts of the specifications, including claims. Applications will be filed with the U.S. Patent and Trademark Office. If an office action arrives at an appropriate time, students will prepare a response to the office action. Each student in this advanced course will do all parts of this work for at least one complete application and will participate in evaluating and perfecting the work of other students. THE 114 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions Advertising Law (2) IP 417 The course covers advertising litigation under the Lanham Act; private, state, and local public remedies for consumer protection against deceptive advertising; Federal Trade Commission regulation of deceptive advertising; Federal Trade Commission regulation of consumer protection; and consumer protection under other federal statutes. Antitrust (3) IP 404 The course covers statutory and common law antitrust law, including: common law restraint of trade, the Sherman Act, the Clayton Act, the Federal Trade Commission Act, state antitrust laws, agreements, combinations, conspiracy in restraint of trade, mergers, refusals to deal, exclusive dealing, tying clauses, resale price maintenance, and criminal and civil enforcement proceedings. Antitrust and Misuse Aspects of Intellectual Property (3) IP 411 Recommended: previous courses in intellectual property law The course covers the duty of disclosure in dealing with government agencies, fraud, and misuse of intellectual property and the antitrust laws as they relate to intellectual property. Students having varied levels of familiarity with certain fields of intellectual property and familiarity with U.S. antitrust law will benefit from a study of related areas and fact situations. Many general antitrust principles, primarily focused on the Sherman Act, can be learned from a study of antitrust decisions dealing with intellectual property. Art Law (1) IP 425 The class surveys legal and practical concepts relating to protection, acquisition, exhibition and sale of works of art, including: problems regarding copyright, art censorship, moral rights, endowments, and tax implications. Bankruptcy and Security Interests in Intellectual Property (2) IP 460 The course examines the handling, preserving and protecting of intellectual property rights during bankruptcy proceedings and requirements/procedures for obtaining security interests in intellectual property. Biotechnology Patent Law (3) IP 464 A basic course in patent law is highly recommended as a prerequisite for this course. The course examines the basics of patent law and the fundamentals of biotechnology and provides an in-depth look at the special problems associated with biotech patents. The course will include a study of biotech patent prosecution and enforcement, as well as agreements related to biotech inventions and the role of patents in biotech product strategies. Business Franchise Law and Practice (2) IP 418 This course provides a theoretical foundation for representing clients with regard to business franchise systems and operations. It examines federal and state statutes, regulations and cases. Particular attention is given to: procedures, documents and disclosures required to comply with restrictions upon and conditions precedent to the establishing of business franchise systems, and legal limits on franchisors and franchisees relative to terminations/non-renewals of individual franchises in business franchise systems. Click for Table of Contents Claim Drafting (2) IP 465 Some prior patent law coursework/experienceis highly recommended. Concept of “claiming” an invention; history of development and purpose of claims; thought processes prior to drafting claims; fundamental claim drafting principles and recommended techniques; different types of claims; case law analysis and discussion applicable to claim drafting and interpretation by the CAFC; claim construction; special consideration of electronic, computer and software, wave propagation, chemical, biotech, and business method claim principles. Course includes in-class claim drafting exercises and homework assignments. Clinical Education in Intellectual Property Law (2) IP 433 Students selected to participate in this program work with intellectual property attorneys in private and corporate practice. The student will receive either a pass or fail grade based upon an evaluation of the student’s work. Comparative and International Patent Law (3) IP 494 Prerequisite: Introduction to IP Law or Patent and Trade Secret Law A critical examination of substantive non-U.S. patent law from a Mt. Olympus view to provide an overall examination of the theory and the actuality of patent laws around the world; as well as a comparison between the various laws and the U.S. law, including the Patent Cooperation Treaty; the Japanese Law; the European Patent Convention and other treaty arrangements setting out how the international patent systems, both on the national and regional basis, operate. Visiting lecturers will be included to discuss national and regional laws, international patent litigation, and international patent licensing. Computer Software Inventions: Patent Prosecution & Copyright Protection (2) IP 451 Prerequisites: Substantive Patent Law I or II and Copyright Law and Practice This industry-specific course covers developments and procedures that concern the protection of inventions in the computer software field and include: history of claiming practice of analogous devices and processes, protection through patents, protection through copyright, drafting of patent claims for computer-related inventions, administrative regulations and guidelines, and the study of relevant administrative and court decisions. Contemporary Technology and Intellectual Property Law (3) IP 421 This course examines problems in intellectual property law caused by new forms of technology. It will study the difficulties faced by the U.S. Patent & Trademark Office and courts in applying existing patent, copyright and trademark law to promote progress on the frontiers of science and will propose solutions. Areas to be considered include: the patentability of life forms, inventions made in space, semiconductor topology, non-traditional property forms, look and feel of computer programs, biotechnology, colorization of movies, moral rights, industrial designs, shrink-wrap licenses, states’ rights versus preemption and supremacy, and copying for home use. Copyright Law and Practice (3) IP 406 The course explores the statutes and case law defining the scope of United States copyright law, under the Copyright Act of 1976 and its amendments. Covers basic copyright law in detail, including copyright subject matter, exclusive rights and limitations on them, ownership and transfer, formalities, infringement, fair use, and remedies. THE 115 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions Copyright Litigation (1) IP 427 The course provides an overview of copyright litigation issues, statutes and case studies. Topics include jurisdiction and venue, standing to sue, registration as a prerequisite to suit, pleading, parties liable, offer of judgment, statute of limitations, presumption and burden of proof, proof of infringement and substantial similarity, summary judgment issues, injunctions, actual damages and profits of the infringer, statutory damages, attorneys’ fees and sanctions. Dissertation (3) IP 432 The dissertation option involves the preparation of a scholarly thesis suitable for publication. The dissertation topic must be approved by the director. The option is available to degree candidates who have completed 21 semester hours of subjects, including IP 400 or IP 415, and have a minimum grade point average of 2.5. Entertainment Law (2) IP 419 The course is a concentrated review of the areas of law most often involved in entertainment litigation, including: copyright law, defamation, privacy, publicity and unfair competition. The course includes synopses of the practical workings of the principal entertainment media, including music, broadcasting, theater, motion pictures, publishing, and sports. Gaming Law (2) IP 444 The gaming industry has become one of the most stringent and highly regulated industries in America. Using existing texts, as well as current opinions and pending cases, this course will look at several areas relating to legalized gambling, including: restrictions on broadcast advertising, Internet gambling, Native American gambling, cruises to nowhere, specific tax issues of concern to the casino industry, debt collection, and trademark/copyright issues such as slot machine games, e.g., Wheel of Fortune and Monopoly. The course will also look at lotteries and sweepstakes. Independent Study (2) IP 431 An independent study project must be approved by the director and requires scholarly study that will result in a significant contribution to intellectual property law. Intellectual Property Licensing (3) IP 407 The course will focus on patent, trade secret and software licensing. Emphasis will be placed on preparing the student to counsel clients on intellectual property licensing matters and to be able to prepare and negotiate license agreements. A detailed review of license agreements of varying complexity will give the student an understanding of the interplay among the various provisions of license agreements. Other specific areas covered include introduction to intellectual property; overview of licensing organizations; developing strategies for intellectual property licensing; licensing negotiations; intellectual property licensing issues that arise in mergers, acquisitions, and divestments; valuation of intellectual property; and important case law and statutes impacting licensing activities. Interference, Reissue and Reexamination Practice (3) IP 405 The course provides a practical understanding of interference practice, including: priority law, affidavits under Patent Office Rule 202, setting up interferences, preliminary statements, motion practice, testimony, discovery, final hearings, appellate review, reissue practice, and reexamination practice. Click for Table of Contents International Antitrust Issues (1) IP 416 Prerequisite: Antitrust, International Patent Law, International Trademark Law The course analyzes developing antitrust laws relating to patents and trademarks in European and Pacific Rim countries. International Copyright Law (1) IP 455 Prerequisite: Copyright Law and Practice The course analyzes international copyright treaties and neighboring rights conventions, the principle of national treatment, key aspects of copyright statutes in selected countries including the treatment of moral rights. The course combines a basic overview with an intermediate-level exploration of selected important topics. International Patent Law (2) IP 413 Prerequisite: Substantive Patent Law I or II The course provides a study of international patent systems, including detailed consideration of the laws and practices under the Patent Cooperation Treaty and the European and Community Patent Conventions; the major national patent systems (including Germany, Japan and the United Kingdom); and the Paris Convention. International Trademark Law (2) IP 414 Prerequisite: Trademark Law and Practice The course surveys aspects of foreign trademark and unfair competition law, including: prosecution, renewals, licensing, assignments, watching, opposition, cancellation, infringement, use, marking, and existing and proposed international treaties (including the European Trademark Treaty, the Madrid Arrangement, and the Pan-American Convention). Law of Patents (1) IP 415 Not open to students who have taken Substantive Patent Law I or II The course surveys United States patent law. The course is designed for the degree candidate who has no intention of prosecuting patent applications before the U.S. Patent & Trademark Office. Emphasis is placed on the distinctions between patents and other forms of intellectual property. Legal Writing for the Intellectual Property Practice (2) IP 428 The course will concentrate on aspects of the drafting process, including audience, fact gathering, organization, editing, and writing. Also featured will be guest lecturers who will argue certain substantive and procedural parts of the course. Master Classes on Advanced Topics in Intellectual Property Law (1) IP 429 A-Z Master classes are offered each semester on advanced topics in intellectual property law. The classes are held either in a one-week session of three-hour evening classes, or in a two full-day format. Previous master classes include: Advanced Topics in Patent Law, by Prof. Paul Janicke (IP429-A); Persuasive Brief Writing for Intellectual Property Attorneys (IP429-B) by Judge Paul Michel of the U.S. Court of Appeals for the Federal Circuit; Effective Oral Advocacy for Intellectual Property Attorneys (IP429-C), also by Judge Paul Michel; Advanced International Trademark Law (IP429-D) by Dr. Gerd F. Kunze; Year 2000 Problems (IP429-E) by William T. McGrath; Valuation of Intellectual Property (IP429-F) by David A. Haas; Preliminary Injunctions in IP Cases, by Judge Paul Michel (IP429-G); Globalization, IP and the Internet by Professor Doris Estelle Long (IP429-H) and (IP429-I); Patent Law & Practice in China (Dr. Lulin Gao). THE 116 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions Music Licensing (1) IP 436 The course objective is to learning about music licensing from both a legal and practical perspective. Music licensing is a broad, complex topic with a jargon of its own. The course will provide students with knowledge about music licensing terminology, and, equally important, the legal rights from which the terms, and all music licenses, flow. Music licenses are essentially copyright licenses, thus those portions of copyright law that apply to music properties will be discussed. From those basic building blocks, students will explore many types and styles of music licenses, and the business contexts in which they are relevant. The course will explore the music industry, a business that is being turned on its head as technological advances and other factors combine to challenge every precept that the traditional music business was built on. In this sea-change environment, music licensing has gained a higher profile, and become a key driver of the music business. Creative music licensors—attorneys, agents, and, more recently, advertising and marketing professionals—are becoming primary dealmakers and power brokers in the business. This course will provide the essential tools for exploring general opportunities, and solving specific problems, in the fast-changing world of music licensing. Patent Law: Statutory & Regulatory Fundamentals (2) IP 449 Previous patent law coursework and/or experience is highly recommended The course is designed for a student interested in the fundamentals of patent law and, particularly, in representing clients before the United States Patent and Trademark Office. The course will track a patent application for an invention from the moment of conception through the U.S. Patent and Trademark Office. The principal laws are covered along with an extensive focus on the legal characterization of “prior art.” The course will study in depth Title 35 USC, the Manual of Patent Examining Procedures, and the Code of Federal Regulations as it relates to patent practice. Claim drafting is also introduced and practiced. Patent Litigation (2) IP 408 The course focuses on preliminary considerations (such as jurisdiction, venue, and potential relief), pleadings, pretrial activities, discovery, the trial, witness considerations, evidence considerations, remedies, and appellate procedures. Patent Office Practice (3) IP 402 Prerequisite: Substantive Patent Law I or II The course covers all aspects of proceedings before the U.S. Patent & Trademark Office, including the formal requirements of the patent application, communications from the examiner, requirements for restriction, rejection of applications and claims, examiner interviews, appeals from patent office decisions, certificates of correction, and reissue practice. Pricing Regulation (2) IP 410 The course covers federal and state regulation of price discrimination, including: promotional allowance, service discrimination, buyer’s liability for inducement of discriminatory prices, predatory pricing, below-cost selling, and legal relationships with brokers and manufacturers’ representatives. Publishing Law (1) IP 443 The objective of this course is to offer an overview of legal issues as they arise in the publishing environment. The course will examine a range of issues that occur in publishing, including certain aspects of contract and copyright law, but also including trademark law, right of publicity law, Internet law, and First Amendment law. The topics addressed will be approached from two perspectives; one “defensive,” to avoid litigation, and another “offensive,” to build value in the intellectual property that is created by the author and the publisher. Click for Table of Contents Right of Publicity and Protection of Personality (3) IP 423 This course examines the origin, creation, and protection of publicity and privacy rights in the context of intellectual property issues. Course readings and class discussion are supplemented with guest speakers who have experience with these issues. Sports Law (2) IP 426 The course will cover the law governing professional sports leagues and players, including: relationships, rights, options, free agency, drafts, player negotiations, arbitration, antitrust, sports as entertainment, and rules governing agents and college athletes. Substantive Patent Law I (3) IP 400 The course explores the modern law of patentability and patent validity fundamentals, including: the Patent Act of 1952, Supreme Court and federal court cases, statutory patent categories, novelty, utility, nonobviousness, disclosure requirements, and claiming requirements. Substantive Patent Law II (3) IP 401 The course examines the scope and construction of patents, patent infringement, contributory infringement, inducement to infringe, unenforceability defenses, jurisdiction in patent infringement cases and related actions, and remedies available in patent infringement actions. Taxation of Intellectual Property (1) IP 412 The course studies federal tax law as it applies to patents, trademarks, copyrights, and “know-how.” Consideration will be given to federal tax treatment of development and acquisition expenditures, proceeds from licensing and transfers, litigation expenses/recoveries, and evaluations. Trade Secrets Law (2) IP 440 The course provides an advanced look at trade secrets law, including defining trade secrets, the circumstances under which a duty of nondisclosure arises, appropriation of trade secrets, improper means of discovery, employer-employee relationships, limitations of trade secrets law, and remedies. Trade Secrets Litigation (2) IP 441 Prerequisite: Trade Secrets Law The course focuses on preliminary considerations (such as jurisdiction, venue, and potential relief), pleadings, pre-trial activities, discovery, the trial, witness considerations, evidence considerations, and appellate procedures. Trademark Law and Practice (3) IP 403 The course explores the historical development of trademark law, creation and maintenance of trademark rights, trademark registration and administrative proceedings, loss of trademark rights, infringement of trademark rights, proof of infringement, special defenses and limitations, unfair competition law, and jurisdiction and remedies. Trademark Litigation (2) IP 409 Prerequisite: Trademark Law and Practice The course focuses on all aspects of litigation involving trademarks, trade dress, unfair competition (including preliminary considerations such as jurisdiction, venue, and potential relief), pleadings, pretrial activities, discovery, surveys, witness, considerations, evidence considerations, and appellate procedures. Trademark Transactions (2) IP 424 Prerequisite: Trademark Law and Practice This course provides an advanced exploration of the variety of transactions that are required or available with respect to trademark rights, claims and obligations, and with which practitioners handling matters involving trademarks and trademark law must be familiar, including: registration assignments, licensing, and related transactions. THE 117 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions Transnational Enforcement of Intellectual Property Rights (3) IP 450 The course provides an in-depth exploration of the laws for protection of transnational intellectual property rights, including: international treaties, transnational litigation, transnational arbitration, U.S.I.T.C. proceedings, the process patent act, the European Patent Convention, the European Community Patent, transnational courts, the interplay between transnational systems and national systems, constitutional impediments to transnational systems, and the prospects for patent harmonization and a world patent appeals court. Unfair Competition and the International Trade Commission (2) IP 422 This course provides an introduction to practice before the Commission, with emphasis placed on Section 337 of the Tariff Act of 1930. Course readings and class discussions will be supplemented with guest speakers who have significant experience ITC practice . LL.M. Courses in International Business and Trade Law Admiralty Law (2) IBT 712 This course introduces students to general principles of admiralty and maritime law, including admiralty jurisdiction, carriage of goods by sea, bills of lading, the Jones Act and salvage law. Art Law (1) IP 425 The class surveys legal and practical concepts relating to the protection, acquisition, exhibition and sale of works of art. It also surveys problems regarding copyright, censorship, moral rights, endowments, museums and art gallery issues and tax implications. Aviation Law (2) IBT 747 The broad spectrum of aviation legal matters focusing on numerous other categorical fields; procedure, administrative law, the law of torts and, to some extent, of contracts and international law. Special federal procedures applicable to aviation disasters, law affecting titles in aircraft, liability for injury to persons on the ground, aviation rights in air space above the land of another, duties of common carriers, the Federal Aviation Administration, the National Transportation Safety Board, the Civil Aeronautics Board, conflict of laws, aircraft piracy, treaties and other agreements, and federal and state jurisdiction. Business Aspects of Immigration Law (2) IBT 725 This course will introduce students to those aspects of United States immigration law they are likely to encounter in providing a full range of services to their international business clients. It will provide an introduction to immigration law generally, then focus upon the key legal aspects of business immigration issues. Chinese Business and Investment Law (2, 3) IBT 780 This course is a basic introduction to the economic aspects of the legal system of the People’s Republic of China. Among topics covered will be the historical development of the Chinese legal system as it influences today’s business law system, the contemporary law of business structures in China, foreign investment law, issues of human rights linkage with business and trade, and China’s place in the global trading system. In the event that this course is offered with a study trip to China, an additional credit hour will be added to the course. The coverage focus of the additional hour will be determined at the same time the course is offered. When the course is offered in a three-credit format, the course number will be changed to IBT 781 to reflect that fact. The course may not be taken in both formats. Click for Table of Contents Comparative and International Patent Law (3) IP 494 A critical examination of substantive non-U.S. patent law from a Mt. Olympus view to provide an overall examination of the theory and the actuality of patent laws around the world; as well as a comparison between the various laws and the U.S. law, including the Patent Cooperation Treaty; the Japanese Law; the European Patent Convention; and other treaty arrangements; setting out how the international patent systems, both on the national and regional basis, operate. Visiting lecturers will be included to discuss national and regional laws, international patent litigation, and international patent licensing. Computers and the Law (3) IT 803 This course is designed to give students an awareness of the legal issues surrounding the development and use of computer and other technologies. Subjects include an introduction to computer systems and other applicable technologies; legal aspects of the sale or lease of technology and technology based services; and special problems in contract, tort, intellectual property, and information law arising from the use of computer and other technology. Current Issues in International Business and Trade Law (1, 2, 3) IBT 751, 752, 753 This seminar will explore contemporary issues relevant to international business and trade law. The seminar will utilize the talents of visiting faculty and experts in the field. Cyberspace Law (3) IT 808 This seminar considers such questions as what “rules of the road” ought to apply to the borderless electronic environment of cyberspace. Who can make the rules, how can they be enforced, and what will be the legal and political relationships among and between states, nations and the private sector in cyberspace? Subject areas will vary as the field develops, but will include such areas as tort liability, freedom of expression, crime and security, privacy, intellectual property rights and protection, regulation, jurisdiction, and standards of ethics and propriety. Eastern European Business and Investment Law (2, 3) IBT 775 This course is an introduction to the economic aspects of the legal systems of Eastern Europe, comprising post-Communist countries of the former Soviet Union and the former Soviet sphere of influence. Although review of any one country will be limited, broad issues of property ownership, privatization, foreign investment licensing, joint ventures, and financing will be considered. In the event this course is offered with a study trip to Eastern Europe, an additional credit hour will be added to the course. The coverage focus of the additional hour will be determined at the same time the course is offered. When the course is offered in a three-credit format, the course number will be changed to IBT 776 to reflect that fact. No student will be permitted to take the course in both formats. Electronic Commerce Law (2) IT 830 This seminar analyzes the law of electronic transactions, including issues presented by digital cash, micropayments, anonymous and pseudonymous transactions, privacy and accountability, digital signatures and message authentication, fraud, and consumer protection. European Union Business and Investment Law (2, 3) IBT 760 This course will address the nature and structures of the European Union, with particular reference to its substantive law of trade, investment, and economic development. In the event that this course is offered with a study trip to the European Union, an additional credit hour will be added to the course. The coverage focus of the additional hour will be determined at the same time the course is offered. When the course is offered in a three-credit format, the course number will be changed to IBT 761 to reflect that fact. The course may not be taken in both formats. THE 118 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions Foreign Investment Law (2) IBT 740 This course focuses upon federal and state efforts to monitor and regulate foreign investment in United States corporations, industries, and real property, and on foreign national regulation of, and limitations on, overseas foreign investment by United States entities. Homeland Security (1, 2) IBT 717 This course will examine how the defense against terrorism impacts the private sector. The course will explore the organization of the Department of Homeland Security, including relevant statutes and related state laws. It will also expose students to a wide variety of issues, including immigration, trade and transportation, privacy, and environmental issues. Import and Export Law (3) IBT 700 This course deals with the basics of United States customs law and export regulation. Topics discussed will include import rules and procedures, tariff planning, administrative and judicial procedures for appealing adverse findings, the basics of unfair trade practice law and procedure, and the substance and procedures of export restriction. Independent Research in International Business and Trade Law (1,2,3) IBT 791 This course requires preparation of a publishable work of scholarship under the supervision of the LL.M program director. Information Law and Policy (3) IT 801 This seminar considers the historical foundation and current status of information law and policies. Students examine a variety of issues concerning informational privacy: the gathering, use, manipulation, dissemination, and protection of information about individuals and organizations held by third parties. Topics include the right of access to information, the free flow and use of information, the creation and value of an individual's "digital persona," and the roles of government and the private sector in protecting informational privacy. Specific materials may focus on consumer data privacy, confidentiality of financial and medical information, access to criminal history records, protection of personal information held by the government, workplace privacy issues, and much more. International Antitrust Law (1,2) IBT 744, 745 This course considers all major aspects of international antitrust law affecting United States business. This includes the Justice Department’s international enforcement guidelines, issues of extraterritorial application of United States antitrust law, and the “effects” doctrine. International enforcement cooperation and European Union antitrust enforcement will also be discussed. International Aspects of Real Estate (2) RE 615 An examination of the special legal and business issues that arise when a foreign person or entity develops or finances real estate projects located in the United States, paying particular attention to tax issues. International Banking and Finance Law (2) IBT 735 This course addresses issues of banking and financial law in international private transactions. Topics include letters of credit, banking and bank secrecy regulation and practices, efforts to combat money laundering, and currency regulation. International Business and Trade Law Externship (1,2) IBT 763 International Business Franchise Law (1,2,3) IBT 783 This course provides an introduction to the business franchise laws of a number of nations that regulate franchise sales, franchisor-franchisee relationships, and the operations of business franchise systems of domestic and international pedigree. Students interested in the business franchise laws and rulings of particular countries will have the opportunity to propose adjusting coverage of the course to include their special interests. International Commercial Dispute Resolution (2) IBT 720 This course will address issues of planning for, and resolving disputes in, international commercial transactions. International Copyright Law (1) IP 455 Prerequisite: Copyright Law and Practice The course analyzes international copyright treaties and neighboring rights conventions, the principle of national treatment, key aspects of copyright statutes in selected countries including the treatment of moral rights. The course combines a basic overview with an intermediate-level exploration of selected important topics. International Economic Development Law(2) IBT 770 This course reviews international calls for global economic development and public and private efforts to meet those calls. Within the context of the North-South debate, the course will consider approaches to international contracting and regulation of foreign involvement in economic development sectors, as well as development initiatives in the IMF, the World Bank, and the GATT/WTO. International Employment Law (1,2) IBT 789 This course explores employment law issues that bridge national borders, particularly issues confronting multinational businesses, but also addressing labor unions, expatriates, and immigrants. International Environmental Law (1,2) IBT 754 This course will focus upon problems of protecting the international environment, including the global commons, from transborder pollution and degradation. Problems which are likely to be discussed include acid rain, marine pollution, destruction of rainforests, loss of biodiversity, efforts to control population, and connections between environmental issues and issues of trade and development. International Joint Ventures (2) IBT 714 This course will examine the legal and regulatory environment for international joint ventures, including the issues arising from and the entity structures commonly used for such ventures. Topics covered will include entity governance, liability protection, tax planning, antitrust or competition law, methods of resolving disputes, the development and licensing of technology, and exit strategies. This course will also review issues in negotiating joint venture agreements and the preparation of entity documents. International Sales Law and Carriage of Goods (1,2) IBT 709 This course addresses issues of contracting for the sale and carriage of goods internationally. Included will be discussion of the U.N. Convention on the International Sales of Goods, the structure of the basic international documentary transaction, containerized cargo issues, and techniques and documents of international transport, such as bills of lading and freight airbills. The IBT Externship is open to all IBT students who have graduated from the J.D. program or have an equivalent foreign degree. Students are placed with law firms, corporations, and government agencies for the purpose of gaining first-hand experience in international business and trade law. A minimum of 120 hours’ work on-site is required for one credit. Click for Table of Contents THE 119 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions International Telecommunications Law (2) IT 850 This seminar surveys telecommunications laws and regulations worldwide, with particular emphasis on the United States (both federal and state), Europe, and Australia. Also to be addressed are major international agreements and organizations affecting telecommunications. Multinational Corporations Law (3) IBT 730 This course covers issues of multinational corporate structures and the behavior and regulation of multinational corporations. Topics include joint ventures, approaches to regulating foreign direct investment, expropriations, and codes of conduct for multinational corporations. NAFTA (2, 3) IBT 765 International Trade Remedies Law (3) IBT 705 This course covers United States and GATT/ WTO rules of response to unfair trade practices and certain patterns of injurious, though fair trade. Specific emphasis will be given to antidumping law, anti-subsidy law, escape clause and market disruption law, and actions under 19 U.S.C. sections 201 and 301. International Trademark Law (1) IP 414 Prerequisite: Trademark Law and Practice The course surveys aspects of foreign trademark and unfair competition law, including: prosecution, renewals, licensing, assignments, watching, opposition, cancellation, infringement, use, marking, and existing and proposed international treaties (including the European Trademark Treaty, the Madrid Arrangement, and the Pan-American Convention). Law and Practice Before the U.S. Court of International Trade (1) IBT 706 This course will expose students to the unique rules of practice at the United States Court of International Trade. In addition, the course will cover, at an introductory level, the primary substantive areas of the Court’s jurisdiction. The subject matters that come before the Court include the customs classification and valuation of merchandise, civil penalties under the customs laws, appeals from antidumping and countervailing determination, labor certification for Trade Adjustment Assistance, and customhouse broker licensing. Legal Ethics in International Practice (1, 2) IBT 749 As global legal practice grows, lawyers increasingly face complex issues of professional responsibility involving multiple national jurisdictions, unfamiliar legal systems, clients with different concepts of legal representation, and professional climates based upon sharply differing ethical expectations. This course explores these issues from the standpoint of ethical standards pertaining to United States lawyers. Master Class in International Economic Law and Practice (1) IBT 799A-Z Master classes will be offered on advanced topics in international economic law and practice by visiting and resident scholars. Typically, classes will be offered on an accelerated basis, such as a one-week session of three-hour evening classes, or in a two-full-day format. The following courses have been offered: European Union Regulation and Governance; International Secured Transactions; Commercial Law of the Arab Middle East; Transnational Legal Practice Issues; South Asia Commercial Law; The Foreign Corrupt Practices Act and Emerging International Norms; International Criminal Law; The World Trade Organization; China and the World Trade Organization; Globalization, Human Rights and Labor Markets; International Business and Trade in Antiquities, Art & Cultural Property; International Agri-Business Law; Law and Ethics in Global Business; Mergers and Acquisitions from an EU Perspective; Drafting International Business Agreements; International Commercial Arbitration; Law and Practice in Trade Compliance; European Company Law; and Investor-State Arbitration Under ICSID. Click for Table of Contents This course will address the nature, structures, and substantive law of trade regulation, investment law, and economic development of the North American Free Trade Agreement. In the event that this course is offered with a study trip to a member nation of NAFTA, an additional credit hour will be added to the course. The coverage focus of the additional hour will be determined at the same time the course is offered. When the course is offered in a three-credit format, the course number will be changed to IBT 766 to reflect that fact. No student will be permitted to take the course in both formats. Practicum in International Business and Trade Law (1,2,3,4) IBT 795 The practicum involves substantial work in some aspect of international business and trade law, performed in a law practice setting under the supervision of attorneys in private, corporate or government practice. Practicum assignments must be approved by the LL.M. program director in advance, and grading is on a pass/fail basis based upon an evaluation of the student’s work. Transborder Data Flow (2) IT 855 This seminar explores national and international implications of the flow of digital electronic data across jurisdictional lines; conflicts of laws and culture regarding content or expression in communications; and comparative analysis of U.S., European Union, and other national laws that regulate or tax electronic messages or the transport of electronic databases across national boundaries. U.S. Commercial Law (3) IT 715 This course will introduce international graduate students to the essential doctrines of United States corporate law. Students will begin with a study of agency, partnership, and corporate law, then move to a review of the principles and basic practices of United States securities law and antitrust law. U.S. Taxation of International Transactions and Foreign Taxpayers (2) TX 387 A study of the U.S. taxation of international commercial transactions involving U.S. and foreign taxpayers. As business becomes more international in scope, most practitioners will be exposed to foreign taxation. This course covers U.S. taxation of the income of U.S. taxpayers operating abroad through branches and subsidiaries; the U.S. foreign tax credit provisions; cross-border asset transfers; related party income allocations; foreign currency issues; the U.S. taxation of non-resident individuals and foreign corporations; and bilateral income tax treaties. THE 120 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions LL.M. Courses in Real Estate Law Affordable Housing (2) RE 610 An in-depth study of the special laws applicable to Section 8 Housing and a workshop covering the structuring, drafting, negotiating and closing of an affordable housing development (i.e., the acquisition of land, formation of a joint venture between the for-profit and not-forprofit entity, financing and construction). Alternative Means of Dispute Resolution (2) RE 611 An exploration of the use of mediation, arbitration, mini-trials, etc., in the context of real estate-related disputes. Bankruptcy and Insolvency Laws Affecting Real Estate (2) RE 601 An in-depth study of the impact of the federal and state bankruptcy and insolvency laws upon real estate development, finance and workouts, focusing on the rights and remedies available to the debtor in bankruptcy and its creditors when a party to a real estate transaction becomes insolvent, including a bankruptcy filing by a landlord, a tenant, a ground lessor or lessee, party to a reciprocal operating and easement agreement, a borrower, or a contractor or subcontractor. Particular emphasis will be placed on the impact of a bankruptcy filing by a borrower on the remedies available to a mortgage lender, including enforcement of pre-petition agreements to lift the automatic stay, the use of “pre-packaged” bankruptcy plans, the “new value” exception to the absolute priority rule and enforcement of “springing guarantees.” Commercial Real Estate Transactions (3) RE 602 A survey of the legal, accounting, and business issues relating to the acquisition, construction, leasing, ownership, operation, and management of various types of commercial real estate projects. Particular emphasis will be placed upon underwriting considerations, selecting the choice of entity (S-corporation, limited liability company, corporation, general partnership, joint venture, or limited partnership) and title insurance. Condominium, Cooperative and Other Common Ownership Interest Communities (2) RE 617 An examination of the laws relating to common ownership interest communities, including the legal foundations and structures of condominiums, cooperatives and home owners’ associations; occupancy and use restrictions, restrictions on alienation, maintenance of common areas and enforcement of declaration, by-laws and regulations; a review of consumer protection legislation to combat developer abuses; management problems, litigation and conversions. Construction Law (2) RE 612 A study of the various aspects of construction law, including construction contracting and related claims and litigation and the rights and duties of developers, contractors, subcontractors, design professionals, bonding companies and lenders. An analysis of the pitfalls to avoid in construction contracting, the bidding process and government work, construction liabilities and insurance, mechanic’s liens, construction scheduling and delays, warranties, arbitration or litigation, damages, remedies, waivers and defenses. Drafting & Negotiation Skills Workshop (2) RE 608 This course will focus on developing skills in drafting and negotiation, utilizing a basic, but usually highly negotiated, real estate document (such as a joint venture agreement, loan modification agreement or an office lease) to be negotiated for a hypothetical deal. Click for Table of Contents Environmental Controls and Concerns Affecting Real Estate (2) RE 609 A survey of the various federal and state statutes, regulations and judicial and administrative decisions with respect to environmental matters including, air, water, solid waste and noise pollution abatement (including CERCLA and RCRA); an analysis of the impact of these environmental controls (both indoor and outdoor) upon land ownership, development and financing; and the formation of plans and procedures to improve compliance with environmental laws and rules, including handling a remediation of contaminated property. Fair Housing Clinic (1-4) RE 621, RE 622, RE 623, RE 624 In addition to teaching the substance of fair housing law, the clinic offers students an opportunity to participate in federal court litigation, state and administrative proceedings, and appeals. Fair Housing/Fair Lending Law (2) RE 633 The study of federal, state and local laws pertaining to discrimination in housing and lending, focusing on the theoretical and legal problems presented by the fair housing and lending laws as well as the practical aspects of handling a fair housing case and methods to comply with these laws, including the Community Reinvestment Act. Federal Income Tax Aspects of Real Estate (2) RE 603 An in-depth analysis of the federal income tax aspects of acquiring, owning, operating and disposing of real estate, including a review of corporate and partnership taxation in connection with the question of form of ownership; the determination of basis, depreciation, recapture, and investment credits; the characterization of gain or loss; the alternative minimum tax; the use of tax-free exchanges; the tax consequences upon foreclosure or loan modification; and the deferral of income through the use of installment sales. Independent Research (1-4) RE 697, RE 698, RE 699 Research on an issue of real estate law and formation of an original idea in connection therewith, culminating in a written work of publishable quality. Insurance Aspects of Real Estate Transactions (2) RE 616 This course identifies the insurance issues that are involved in various real estate transactions including construction, financing and the ownership and operation of rental property (from both a landlord’s and tenant’s perspective). The focus will be on negotiating and drafting insurance clauses in documents that support these transactions. International Aspects of Real Estate (2) RE 615 An examination of the special legal and business issues which arise when a foreign person or entity develops or finances real estate projects located in the United States, paying particular attention to tax issues. Land Use Control and Zoning (2) RE 604 A study of governmental regulation and land use restrictions relating to the development of real estate, including municipal zoning, changes in zoning, spot zoning, variances and special exceptions, planned unit developments, floating zones, state controls, landmarks, forced dedications, development fees, condemnation and regulatory takings, subdivision approvals, flood plains and environmental controls. THE 121 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions Leasing, Ownership and Management (2) RE 605 An in-depth study of the legal and business issues involved in the leasing, ownership and management of various types of commercial real estate developments. Particular emphasis will be placed upon ground leases and space leases, insurance and compliance with the Americans with Disabilities Act. Real Estate Finance (3) RE 607 An examination of various financing devices utilized in the context of acquisition, construction and permanent financings of real estate development, including mortgages of fee title and leasehold mortgages, deeds of trust, installment land contracts, purchase money mortgages and wrap around mortgages. A study of the rights, duties and liabilities of the parties prior to the foreclosure, including the statutory and equitable right of redemption and the special problems which arise in a default situation, including lender liability claims, rights of tenants; enforcement of assignment of rents; subordinate liens and intercreditor agreements; enforcing the due on sale clauses, late charges, default interest and prepayment charges and priority issues (focusing on Article IX of the UCC, the Bankruptcy Code and Banking Law). An exploration of workout strategies and enforcement strategies including modification agreements, forbearance agreements, and the use of a deed-in-lieu of foreclosure or consent foreclosure. Real Estate Industry (2) RE 619 The overarching objective is to develop an understanding of how real estate markets work. The course provides an introduction to financial analysis of real estate for investment purposes. It will consider the impact of financial performance on the legal and capital structures of real estate investment entities. Finally, attention will be given to how US real estate markets function. Real Estate Legal Practicum (1-3) RE 620, 621, 622 This course will provide students a hands-on experience in commercial real estate practice. Under careful supervision of a full-time faculty member, the students will work with a member of the adjunct faculty in one of the various settings where real estate lawyers practice— law firms, title companies, corporations or government. The course is structured to meet the needs of the individual student who has not had significant practice experience in the field of real estate law. Consultation with and approval of the director of the program is required for registration. Real Estate Litigation (2) RE 613 A workshop covering the substantive and procedural elements of handling real estate-related litigation such as actions to quiet title, ejectment, eminent domain, partition, foreclosure, mechanic’s liens, construction claims, brokerage commissions or liability, and real estate sale contracts. Securitization of Real Estate (2) RE 606 An in-depth treatment of the alternative sources of funds for investment in real estate and the transformation of real estate into securities through the use of REMICs, REITs and mortgage conduit vehicles and the use of “derivatives” in real estate financings. Seminar on Selected Topics in Commercial Real Estate Finance and Development (2) RE 618 An in-depth treatment of selected topics of commercial real estate finance and development with an emphasis on current developments in the law and the real estate industry. State, Local and Transfer Taxes (2) RE 614 LL.M. Courses in Tax Law Required Courses Advanced Federal Income Tax (2) TX 340 An advanced review of the inclusions to, and exclusions from, gross income, and of deductions therefrom in arriving at taxable income. The taxation of individuals will be stressed. Various doctrines, such as constructive receipt and step-transaction, will be analyzed. Characterization of transactions as capital or ordinary will be covered in depth. Federal income tax procedure will be surveyed. This is not a basic income tax course. Students requiring a basic course should make special arrangements with the director. Civil and Criminal Tax Procedure (2) TX 392 This course entails a study of jurisdictional and procedural problems arising in civil tax practice. This course deals with procedure and documents necessary at all stages of the controversy before the IRS, the choice of courts, pleadings and procedure for the Tax Court, the District Court, and the United States Court of Federal Claims. Statutes of limitations, penalties, examinations, administrative appeals and tax court procedure will be covered. Collection issues include offers in compromise, innocent spouse defenses, and IRS liens and levies. The burgeoning area of administrative tax practice will be studied in detail. The content of this course will be at least two-thirds civil procedure and at most one-third criminal procedure. This course also covers substantive and procedural federal criminal law in the tax and white-collar areas in the context of effective representation and professional responsibility. Corporate Taxation I (3) TX 350 This is the first of two separate courses relating to the taxation of corporations and their shareholders. These courses focus on corporations governed by subchapter C, as distinguished from other forms of doing business such as partnerships and S corporations. This course will cover the organization of a C corporation, the distinction between between debt and equity, distributions (including redemptions, stock distributions and related company stock sales treated as distributions), and various other related issues. Detailed analysis will be given to corporation liquidations and to the allocation rules for income and deductions among taxpayers. NOTE: Students are required to take either Corporate Taxation I (see above) or Corporate Taxation: A Survey (see below), but not both. Corporate Taxation: A Survey (2) TX 353 This course is a survey course that will cover the material presented in Corporate Taxation I-II on a less intensive basis. It is directed to those students who intend to specialize in areas other than corporate taxation, yet at the same time wish to learn the broad fundamentals of corporate taxation. Students who have taken Corporate Taxation I or II will only be eligible to take this course with the permission of the director. Gift and Estate Tax Law (2) TX 370 This course consists of a comprehensive survey of the principles and procedures of federal estate, gift, and generation-skipping taxation, including the relevant principles of valuation, the concept of complete vs. incomplete gifts, the reciprocal trust doctrine, the taxability of property owned by a decedent, life insurance, annuities, death benefits under retirement plans, joint property, powers of appointment, and transfers with retained income and reversionary interests. The course also includes a thorough analysis of the various deductions, credits, and exclusions available for transfer tax purposes. An analysis of state, county and municipal taxation triggered by real estate ownership and sale, with particular emphasis upon the procedures for the levy, assessment, administrative, and judicial review of real estate taxes. Click for Table of Contents THE 122 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions Partnership Taxation (2) TX 380 This course will examine in-depth the provisions of Subchapter K of the Internal Revenue Code of 1986, as amended. Included will be a study of when a partnership exists, the essential characteristics that distinguish partnerships from corporations and the difference and similarities between partnerships and S corporations. This course will also cover the partnership-like tax treatment of limited liability companies. Basic partnership tax law, including the tax consequences relating to the formation, operating and termination of partnerships and transfers of partnership interests will be analyzed in detail. Time will also be spent examining the subjects of partnership allocations, transactions between a partner and the partnership, and the treatment of partnership liabilities. Finally, the course will also consider the effect of the at-risk and passive activity loss limitations upon partnerships and their partners. Tax /Employee Benefits Research (2) TX 333 This course acquaints students with the large amount of research materials available in the tax and employee benefits areas and develops their skills in researching issues through the effective use of these materials. Primary and secondary sources will be examined in depth. Emphasis will be placed on researching judicial decisions, legislative histories, and administrative rulings. The course will also develop skills in using computerized research tools. No final examination will be given. Student evaluations will be based on various research assignments. Elective Courses Corporate Taxation II (3) TX 351 This course is the second course of a two-course series in corporate taxation. An in-depth study will be made of corporate reorganizations under Section 368 of the Code, including both stock and asset acquisitions, as well as corporate separations under Section 355. Also to be addressed are issues related to affiliated corporations, and the survival and transfer of corporate attributes. Problem sets will be handed out to illustrate the workings of these highly technical rules, but the course will go beyond the technical to emphasize tax planning considerations. Federal Income Taxation of Property Transactions (2) TX 341 Prerequisite: Advanced Federal Income Tax This course covers in-depth the federal income tax consequences arising from sales, exchanges and other dispositions of property. Matters covered are determination of the taxable event, the amount realized, adjusted basis, and loss limitations (including passive activity and at-risk provisions). The course includes a detailed analysis of taxable transactions, including the use of the installment method of accounting, as well as study of the non-recognition provisions including like-kind exchanges and involuntary conversions, but excluding corporate reorganizations. The course covers various methods of acquisitions and disposition of businesses, including special allocation rules for certain assets. Income Taxation of Estates & Trusts (2) TX 372 Advanced Estate Planning (2) TX 373 Prerequisite Gift and Estate Tax Law; Basic Estate Planning; Federal Income Tax This course studies the application of the federal and state transfer taxes to hypothetical fact situations. It includes an analysis of all relevant estate planning considerations, including the related income tax aspects. Particular emphasis is given to the drafting considerations to implement various estate planning choices. Applicable probate law, along with methods of avoiding probate, is also considered. Prerequisite: Gift and Estate Tax Law and Individual Income Tax A thorough review of the income taxation of personal trusts and estates. The course will also cover the rights, powers, and duties of a fiduciary, principles of trust accounting, virtual representation, total return trusts, planning opportunities and drafting issues. Independent Study (1-3) TX 398 Research on an issue of tax law and formation of an original idea in connection with that issue, culminating in a written work of published quality. Basic Estate Planning (2) TX 371 Prerequisite: Gift and Estate Tax Law A study of the application of federal and state transfer taxes to hypothetical fact situations. The course includes an analysis of all relevant estate planning considerations, including gift, estate and generation skipping tax aspects. Some income tax issues relating to trusts and estates are discussed but are not focused on. Applicable probate law, along with methods of avoiding probate, is also considered. Business Practices for Tax Lawyers (2) TX 330 This course presents a study of the language and fundamentals of business activities. Topics will include basic accounting and interpretation of financial statements, as well as various business activities which give rise to tax issues, including debt, securities, mergers, and bankruptcy. The course provides the background necessary to apply tax law principles to common business transactions. Charitable Giving in Estate Planning (2) TX 375 Prerequisites: Gift and Estate Tax Law; Basic Estate Planning; Federal Income Tax (which may be taken concurrently with TX 375) This course provides an in-depth analysis of income, estate and gift tax consequences of transmitting wealth via charitable giving; The legal and ethical problems involved with fund-raising will be discussed, as well as consideration of alternative funding methods. The income tax aspects of charitable giving by trusts and estates will be covered, as well as the transfer tax issues. Generation skipping taxes will also be discussed. Selected sophisticated forms of giving, such as charitable lead trusts, pooled income funds, bargain sales, and charitable gift annuities, will be analyzed. Click for Table of Contents IRS Externship Program (3-4) EB 389 Prerequisites: Federal Income Tax and Tax and Employee Benefits Research Students selected to participate in this program work with the attorneys at the Office of Chief Counsel of the IRS’ Small Business/SelfEmployed Division Counsel, Large and Mid-Size Business Division Counsel, or Tax Exempt/Government Entities Counsel. The educational objectives of this course include practical experience in tax & employee benefits law, development of research, writing and drafting skills, and preparation of pleadings, discovery documents, stipulations of fact and trial memoranda used in Tax Court cases. Professor Kathryn J. Kennedy, director. Life Insurance: Tax Aspects in Business, Estate, Employee Benefits and Financial Planning (2) TX 336 Life insurance is a financial vehicle commonly used in funding many of the financial plans and benefit programs dealt with in the courses offered in the program. Because it is such a technical subject and also because tax practitioners are obliged to understand how life insurance products operate, how they may be utilized, and the tax aspects applicable, we offer a separate course on this subject. The course will stress the tax aspects of funding buy-sell agreements; estate and gift tax consequences of life insurance acquired as part of one’s estate or financial plan; income and estate tax aspects of life insurance included in pension, profit sharing, and group health plans; and income, estate, and gift tax matters associated with insurance-funded executive benefit plans. THE 123 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index LL.M. Course Descriptions Personal Financial Planning (2) TX 335 Prerequisites: Gift and Estate Tax Law; Basic Estate Planning This course is an overview of the planning that an individual should consider during his or her lifetime, including the disposition of property at death. It includes income tax concepts as they relate to personal financial planning, investment considerations, risk management, use of trusts, retirement options (when implementing plans and when withdrawing from plans) and gift and estate tax problems, including post-mortem planning. The course concludes with several cases to illustrate the tax savings that can be achieved with proper planning. This course will enable students to do personal financial planning for their clients, which is one of the growth areas for practicing lawyers. Because of the nature of the material there is no required sequence to this course with respect to the estate planning courses (TX 370 and 371). Post-Mortem Planning and Estate Administration (2) TX 374 Prerequisites: Gift and Estate Tax Law; Basic Estate Planning; Federal Income Tax This course covers federal tax issues and state probate law issues that occur in the settlement of a decedent’s estate. Topics covered will include the use of disclaimers and/or the QTIP election to obtain the optimum martial deduction bequest; post death accounting issues facing owners of pass-through entities; income tax consequences of property distributions in satisfaction of bequests; valuation issues and estate tax deferral considerations; and apportioning the tax burden. taxation. This course covers the U.S. taxation of the income of U.S. taxpayers operating abroad through branches and subsidiaries; the U.S. foreign tax credit provisions; cross-border asset transfers; related party income allocations; foreign currency issues; the U.S. taxation of non-resident individuals and foreign corporations; and bilateral income tax treaties. LL.M. Courses in Global Legal Studies Required Courses Comparative Legal Systems (2) Law 256 This course studies various legal systems in the world today. The course examines the nature of law under both common law and civil law systems and includes Islamic law, both traditional and modern Chinese law, and the laws of developing countries. The course not only introduces radically different systems but also provides a better understanding of one’s own legal system. Introduction to the United States Legal System (2)FL 500 This course provides a basic introduction to the common law and essential elements of the United States federal system, constitutional structures and principles, the legislative process, some core legal principles, and basic resources and research techniques in United States law. State and Local Taxes (2) TX 385 A study of state income, excise, real property, and franchise taxes; retailer’s occupation and related taxes (sales tax); and City of Chicago taxes. Appropriate tax planning becomes more difficult as expanding governmental revenue needs lead to increasingly complicated state and local tax structures. The course is designed to provide a beginning familiarity with the practical aspects of a state and local tax practice, with emphasis on Illinois law. Tax Exempt Organizations (2) TX 386 This course covers problems associated with obtaining and maintaining exemption from federal income tax under subchapter F of the Internal Revenue Code. Special emphasis is placed on private foundations, the extent of permissible commercial activities or transactions, unrelated business income tax problems, prohibited transactions, charitable contribution limitations, intermediate sanctions and discussions of the professional responsibilities of attorneys dealing with non-profit organizations. The mechanics of obtaining exemptions, as well as the philosophy behind such preferred status, are examined. Organizing and operating not-for-profit corporations and tax exempt trusts are also reviewed in depth. Taxation of Closely Held Businesses (2) TX 334 Prerequisite: Advanced Income Tax Recommended: Partnership Taxation; Corporate Taxation This course will examine tax aspects of sole proprietorships, C corporations, S corporations, partnerships, and limited liability companies for small and closely held businesses. We will begin by examining issues that arise when selecting the type of entity, the annual accounting method, and setting compensation. Then, for each entity, we will discuss the consequences related to formation, distribution of profits and losses, and termination. Finally, we will examine how the selection of entity impacts the type of employee benefits that may be provided by the entity and the transfers of ownership interests during lifetime and upon death. U.S. Taxation of International Transactions and Foreign Taxpayers (2-3) TX 387 A study of the U.S. taxation of international commercial transactions involving U.S. and foreign taxpayers. As business becomes more international in scope, most practitioners will be exposed to foreign Click for Table of Contents Lawyering Skills for Foreign Lawyers (3) FL 501 This course is designed to develop research and writing skills of foreign graduate law students. The writing portion of the class will focus on analysis and communication skills in the preparation of memoranda, client letters, and other documents appropriate to a practice outside the United States. The research portion of the class will provide instruction in effective research in American law and in American sources, including printed materials and electronic resources. Elective Courses Electives may be selected from virtually the entire range of courses in the J.D. and LL.M. curricula. Additional courses in the LL.M. in Global Legal Studies program include: United States Commercial Law (3) FL 530 This course will introduce international graduate students to the essential doctrines of United States commercial law. Students will begin with basic United States contract law, then move to a study of the Uniform Commercial Code subjects of sales transactions, negotiable instruments, and secured transactions. United States Corporate Law (3) FL 540 This course will introduce international graduate students to the essential doctrines of United States corporate law. Students will begin with a study of agency, partnership, and corporate law, then move to a review of the principles and basic practices of United States securities law and antitrust law. United States Professional Responsibility Law (1) FL 550 This course is designed to provide international LL.M. students with a basic understanding of the law of lawyering with special emphasis on the regulation of lawyers through rules of professional conduct, such as the ABA Model Rules of Professional Conduct. The course will explore the attorney’s duties to the court and society and will also cover a variety of issues that affect the attorney-client relationship such as confidentiality, conflicts of interest, and the advertising of legal services. THE 124 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index M.S. Course Descriptions M.S. Courses in Employee Benefits Elective Courses Note: The number in parentheses ( ) indicates semester hours of credit. Cash or Deferred Arrangements (2) EB 354 Required Courses Introduction to Legal Analysis (1) IT 805 This course introduces non-legally trained students to the workings of the legal system, legal methods (including research techniques), and the process of legal education. (Open only to M.S. students. Must be taken concurrently with Substantive Law Overview.) Substantive Law Overview (2) IT 800 This course introduces non-legally trained students to the basic substantive areas of law. Policy considerations as well as legal issue spotting will be emphasized. (Open only to M.S. students. Must be taken concurrently with Introduction to Legal Analysis.) Survey of Executive Compensation Plans (2) EB 365 Prerequisite: Individual Income Tax; Recommended: Taxation of Corporations This survey course is intended to provide an overview of the framework of rules governing nonqualified executive compensation, with primary focus on the tax, legal, financial, and accounting issues that specifically impact such arrangements. Funding vehicles such as “rabbi” and secular trusts are discussed. Advanced coverage of executive compensation plans will be addressed in EB 369 (Executive Compensation Benefits: Advanced). Survey of Retirement Plan Issues (3) EB 360 This course will survey the labor, employment, and tax rules affecting employee pension and profit sharing plans. By providing an overview of the framework of rules governing such plans, students will learn the basic tax, legal, business, and other issues that specifically affect retirement plans and participants' rights under such plans. The course will also discuss other types of employee benefit plans, such as health and welfare plans and executive compensation plans. Survey of Welfare Plan Issues (2) EB 363 Prerequisite: Individual Income Tax This basic survey course is intended to provide fundamental familiarity with welfare benefit plans. It examines the wide variety of Code provisions governing welfare benefit plans, namely short- and long-term disability income plans, dependent care and family leave, medical and dental plans, death benefit coverage, unemployment compensation, and others. Topics such as flexible benefit plans and flexible spending accounts which provide tax shelters for such welfare benefits will also be discussed. Tax & Employee Benefits Research (2) TX 333 This course acquaints students with the large amount of research materials available in the tax and employee benefits areas and develops their skills in researching issues through the effective use of these materials. Primary and secondary sources will be examined in depth. Emphasis will be placed on researching judicial decisions, legislative histories, and administrative rulings. The course will also develop skills in using computerized research tools. No final examination will be given. Student evaluations will be based on various research assignments. Click for Table of Contents Prerequisites: Fundamentals I and II of Retirement Plan Issues This course examines the design and administration of cash and deferred plans (also known as 401(k) plans), SIMPLE/IRA plans, SIMPLE/401(k) plans, SEPs, 403(b) plans and 457 plans. In determining whether to implement a cash and deferred arrangement, all of the various arrangements will be discussed. Once in place, the ongoing administration of such plans, including annual testing, use of plan loans, investment of plan assets, fiduciary issues, QDRO procedures and reporting and disclosure requirements will be highlighted. Unique uses of cash and deferred arrangements with ESOPs and in executive compensation contexts will also be analyzed. Contemporary Benefit Issues (2) EB 367 Prerequisite: Fundamentals I of Retirement Plan Issues This course is intended for the tax practitioner who is well-versed in employee benefits law and wishes to keep abreast of timely issues that affect employee benefit plans. Current topics may include IRS/DOL compliance and audit programs, estate tax planning distributions, fiduciary litigation, and the impact of other federal laws on employee benefit plans (e.g., HIPPA, COBRA, and FMLA). DOL Externship Program (3-4) EB 393 Prerequisites: Fundamentals I and II of Retirement Plan Issues Students selected to participate in this program work with the attorneys at the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor’s Chicago Regional Office. The educational objectives of this course include practical experience in employee benefits law, development of research, writing and drafting skills, and preparation of memoranda, discovery documents, guidelines to assist pension investigators and auditors. Employee Benefits Litigation (2) EB 358 Prerequisites: Survey of Retirement Plan Issues or Survey of Welfare Plan Issues This advanced course examines the litigation aspects of controversies and claims involving pension and retirement plans, health and medical plans, and other employee fringe benefit plans. The course covers all aspects of claims, defenses, pleadings, discovery, motions, trial and settlement approaches used in employee benefits litigation and dispute resolution. It is designed for attorneys handling litigation involving employee benefit plans and presumes a working knowledge of ERISA and the qualification requirements for various employee benefits plans under the Internal Revenue Code. Employee Benefits Practice and Procedure (2) EB 357 Prerequisite: Fundamentals I of Retirement Plan Issues This course examines the federal administration of employee benefit plans under the Internal Revenue Code and ERISA, including requests for determination letters, private letter rulings, technical advice, preparation and filing of annual returns, audit procedures, administrative appeals, funding deficiencies, tax penalties and statute of limitations. Preparation of a determination letter request and plan amendments for a qualified retirement plan will be required. THE 125 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index M.S. Course Descriptions ERISA Fiduciary Law (2) EB 356 Prerequisites: Survey of Retirement Plan Issues and Estates and Trusts I This course is designed to be a practical study of the fundamental structure of fiduciary responsibility under ERISA: the requisites for fiduciary status, the statutory bases of specific duties and prohibitions, and issues surrounding the management of plan assets. Timely topics, such as participant-directed investments and the evolving duty of disclosure, will also be discussed. ESOPs (1) 355 Prerequisites: Fundamentals I and II of Retirement Plan Issues This course focuses on the use of employee stock ownership plans (ESOPs) as employee benefit plans, tools of corporate finance, and ownership succession strategies. The course will address tax consequences of establishing and maintaining such plans, as well as securities, accounting and fiduciary issues. Use of ESOPs in leveraged transactions, by Subchapter S corporations, and in conjunction with cash and deferred arrangements (KSOPs) will be examined. Executive Compensation Benefits: Advanced (2) EB 369 Prerequisite: Survey of Executive Compensation Plans This course will be a continuation of EB 365, intended for the practitioner who wishes to specialize further in executive compensation. Various types of equity-based compensation plans and related securities law issues, change of control arrangements, executive compensation for multinationals and tax-exempts, and the uses of insurance in the executive compensation package will all be discussed. Where applicable, lectures will be supplemented with sample contracts and plans. Fundamentals I of Retirement Plan Issues (3) EB 361 Prerequisite: Survey of Retirement Plan Issues or equivalent knowledge This course and EB 362 provide an in-depth examination of the rules governing retirement plans "qualified" under Section 401(a) of the Internal Revenue Code. Intended for the practitioner who wishes to specialize in this area, the course covers design, qualification, funding, and the administration of employee retirement plans, with emphasis on compliance with the requirements of ERISA and the Internal Revenue Code. Fundamentals II of Retirement Plan Issues (3) EB 362 This course is a continuation of EB 361, intended for the practitioner who wishes to specialize further in employee benefits. It continues an in-depth examination of retirement plan issues, including such topics as controlled group rules, fiduciary requirements, determination letters and correction procedures, deductibility limits, distribution requirements, and hybrid retirement plans. Where applicable, plan and trust documents will be discussed. Graduate Seminar: Employee Benefits Law (2) EB 368 Prerequisite: Fundamentals I & II of Retirement Plan Issues Students will take an in-depth look at fifteen timely employee benefits topics, presented by experts in the field. Grades are based on short page papers and participation in seminar discussions. Independent Study (1-3) EB 394 Research on an issue of employee benefits law and formation of an original idea in connection with that issue, culminating in a written work of publishable quality. Click for Table of Contents International Employee Benefits (1) EB 388 Prerequisites: Fundamentals I and II of Retirement Plan Issues This course is intended to familiarize the practitioner with issues arising from the use of employee benefit plans in the international context. Such plans include a variety of deferred compensation arrangements, including qualified pension, profit sharing, stock bonus and ESOPs, as well as nonqualified plans, individual deferral arrangements and stock-based purchase plan. The tax effects of such plans on the U.S. employer, as well as the employee of a multinational company will be discussed. Specialized Employee Benefit Plans (2) EB 366 Prerequisite: Fundamentals I of Retirement Plan Issues Intended for the tax practitioner who has a firm foundation of the rules governing retirement plans, this course examines the additional tax rules applicable to specialized retirement plans. Specialized plans discussed include cash and deferred arrangements, state and local governmental plans, tax-deferred annuity plans, multi-employer plans, foreign pension plans, ESOPs, IRAs and SIMPLEs, retirement plans for small businesses and the self-employed, cash balance plans and target benefit plans. Drafting of plan documents will also be discussed. Welfare Benefit Plans: Tax, Legal & Design Issues (2) EB 364 Prerequisite: Survey of Welfare Plan Issues This course goes beyond the basic survey course of EB 363 and examines the specific tax, legal and design rules affecting welfare benefit plans, including flexible benefit plans and flexible spending accounts. Also discussed are the various insurance and self-insured funding instruments, including Section 501(c)(9) trusts, that are used in connection with these benefits. Timely topics, such as post-retirement medical benefits for retirees and long-term care, are also discussed. M.S. Courses in Information Technology Law Required Courses Computers and the Law (2) IT 803 This course is designed to give students an awareness of the legal issues surrounding the development and use of computer and other technologies. Subjects include an introduction to computer systems and other applicable technologies; legal aspects of the sale or lease of technology and technology based services; and special problems in contract, tort, intellectual property, and information law arising from the use of computer and other technology. Copyright Law and Practice (3) IP 406 The course explores the statutes and case law defining the scope of U.S. copyright law, including the 1909 Copyright Act, the 1976 Copyright Act, and the 1988 Berne Convention Implementation Act as it affects both domestic and foreign copyrights in the United States. Cyberspace Law (3) IT 808 This seminar provides an overview of Internet law. Students consider such issues as the nature of online services, governance and business structures in the borderless electronic environment of Cyberspace. Subjects will vary as the field develops, but will include such areas as tort liability, freedom of expression, crime and security, privacy, intellectual property rights and protection, regulation, jurisdiction, and standards of ethics and propriety. THE 126 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index M.S. Course Descriptions Information Law and Policy (3) IT 801 This seminar considers the historical foundation and current status of information law and policies. Students examine a variety of issues concerning informational privacy: the gathering, use, manipulation, dissemination, and protection of information about individuals and organizations held by third parties. Topics include the right of access to information, the free flow and use of information, the creation and value of an individual’s “digital persona,” and the roles of government and the private sector in protecting informational privacy. Specific materials may focus on consumer data privacy, confidentiality of financial and medical information, access to criminal history records, protection of personal information held by the government, workplace privacy issues, and much more. Introduction to Legal Analysis (1) IT 805 This course introduces non-legally trained students to the workings of the legal system, legal methods (including research techniques), and the process of legal education. (Open only to M.S. students. Must be taken concurrently with Substantive Law Overview.) Substantive Law Overview (2) IT 800 This course introduces non-legally trained students to the basic substantive areas of law. Policy considerations as well as legal issue spotting will be emphasized. (Open only to M.S. students. Must be taken concurrently with Introduction to Legal Analysis.) Elective Courses Advertising Law (2) IP 417 The course covers advertising litigation under the Lanham Act, private, state and local public remedies for consumer protection against deceptive advertising, Federal Trade Commission regulation of deceptive advertising, Federal Trade Commission regulation of consumer protection, and consumer protection under other federal statutes. Computer Crime, Information Warfare, and Economic Espionage (2) IT 848 The computer crime elements of this course include issues such as computer intrusions, online fraud, “electronic stalking,” computer viruses, and theft of service. The information warfare aspects encompass infrastructure security, “hacktivism,” and other such issues. Economic espionage includes legal, technical, and social aspects of protecting sensitive and proprietary information. Contemporary Problems in Computer Law (3) IT 820 Topics discussed in this seminar may include technological developments, recurring and significant issues in electronic contracting, integrated system transactions, liability and litigation, computer generated evidence/expert testimony, privacy/security, government contracting issues, bankruptcy and software escrows, taxation, international law and transactions, antitrust, domestic and international distribution and software and database acquisitions. Contemporary Technology and Intellectual Property Law (2) IP 421 This course examines problems in intellectual property law caused by new forms of technology. It will study the difficulties faced by the U.S. Patent & Trademark Office and courts in applying existing patent, copyright and trademark law to promote progress on the frontiers of science, and will propose solutions. Areas to be considered include: the patentability of life forms, inventions made in space, semiconductor topology, non-traditional property forms, look and feel of computer programs, biotechnology, colorization of movies, moral rights, industrial designs, shrink wrap licenses, states’ rights versus preemption and supremacy, and copying for home use. Click for Table of Contents Current Topics in Information Technology Law (2) IT 881 The Current Topics seminar focuses on a specific area of information technology or privacy law. Students will examine current controversies and technological developments as they relate to the traditional legal framework. Offerings have included Internet Fraud, Workplace Privacy, the Microsoft Antitrust Litigation, Regulatory Compliance regarding Health and Financial Information, and Protecting Children Online. Electronic Commerce Law (2) IT 830 This seminar analyzes the law of electronic transactions, including issues presented by digital cash, micropayments, anonymous and pseudonymous transactions, privacy and accountability, digital signatures and message authentication, fraud, and consumer protection. Electronic Document Certification (2) IT 835 The course focuses on the law governing electronic documents and digital signatures. The course examines issues of jurisdiction, privacy concerns, tort liability, statutory interpretation, administrative agency oversight, ethical considerations, criminal responsibility, and other topics in the United States and internationally. Students will engage in exercises in document and legislative drafting, ethics considerations, and statutory applications. Free Speech in Cyberspace (2) IT 841 This seminar considers the legal and policy questions arising from the borderless and relatively open communication channels of the Internet. Course content includes First Amendment interpretations in the digital, electronic environment; media practices in accessing personal or proprietary information in cyberspace, using the Internet to supplant or supplement traditional media dissemination and the tension between free speech and intellectual property rights. Students will explore questions of rights and liabilities in connection with obscenity, pornography, commercial speech, harassment, hate speech, defamation and invasions of privacy. Governance and Regulation in Cyberspace (2) IT 865 This seminar explores various approaches to rulemaking and dispute resolution in the borderless environment of cyberspace. Attempts by international organizations, individual governments, industry groups, and private enterprises to create legal and regulatory structures will be considered. High Technology Litigation (2) IT 815 This seminar considers both the use of information technology in litigation and litigation about high technology. Subject matter includes the electronic filing of pleadings and documents; admissibility of digital electronic records or other evidence; discovery and electronic databases; use of computer-generated models and simulations; recent cases involving scientific or technical evidence; multimedia techniques for securing and presenting the depositions or testimony of distant witnesses; and techniques for presenting and explaining information about complex information and communications technology. Independent Research in Information Technology Law (1-2) IT 897 An independent research project must be approved by the director. It requires scholarly research resulting in a quality written product which makes a significant contribution to the field of information technology law. Students may register for either 1 or 2 credit hours of Independent Research within a semester or summer term. Students may receive up to a total of 3 credit hours for Independent Research toward the LL.M. or M.S. degree, and a combined total of 4 credit hours for the Journal of Computer and Information Law (IT 818), and Independent Research (IT 897). THE 127 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index M.S. Course Descriptions Intellectual Property Licensing (3) IP 407 The course covers implied licenses, express licenses, enforcement of license provisions, title interest in intellectual property, and license transfers. International Telecommunications Law (2) IT 850 This seminar surveys telecommunications laws and regulations worldwide, with particular emphasis on the United States (both federal and state), Europe, and Australia. Also to be addressed are major international agreements and organizations affecting telecommunications. Jurisdiction and Judgments in Cyberspace (2) IT 860 This seminar examines issues of jurisdiction and procedure as they are affected by the international and borderless aspects of cyberspace, including personal and subject matter jurisdiction, conflict of laws, the effect of foreign judgments, the role of international organizations and transnational governments, and alternative methods of dispute resolution. Master Classes on Advanced Topics in Intellectual Property Law (1) IP 429 A-Z Master classes are offered each semester on advanced topics in intellectual property law. The classes are held either in a one-week session of three-hour evening classes, or in a two full-day format. Multimedia Licensing and Transactions (2) IT 825 This seminar covers a broad range of legal issues related to the ownership, use, and transfer of multimedia works such as computer software, interactive television, online services, and hypermedia. Copyright and licensing issues will be emphasized, but other intellectual property interests as well as regulatory and tort liability issues will also be explored. Privacy Rights (2) IT 845 This seminar considers the historical foundation and current status of privacy rights in the U.S. in the areas of tort and constitutional law. In the former, the subjects of intrusion into seclusion and publication of private fact are given special emphasis; the relationship between commercial appropriation of name and the new tort, “right of publicity,” is also examined, as is the relation between the false light privacy tort and defamation. In the constitutional arena, attention is given to personal autonomy in such matters as procreation, abortion, and choice regarding medical treatment and “death with dignity”; and personal and sexual associations and lifestyle. The Professional Responsibilities of a Technological Law Practice (2) IT 812 Prerequisite: Professional Responsibility This course examines the application of legal ethics to the use of technology in the practice of law. It explores emerging developments in the use of technologies (including the Internet) to facilitate, advance and deliver legal services. Students examine the lawyer’s obligations, particularly to the rules of professional responsibility, in a technological or cyber-based practice. The Rights of Publicity and Privacy (3) IP 423 This course examines the origin, creation and protection of publicity and privacy rights in the context of intellectual property issues. Course readings and class discussion are supplemented with guest speakers who have experience in these issues. Click for Table of Contents Substantive Patent Law I (3) IP 400 The course explores the modern law of patentability and patent validity fundamentals, including: the Patent Act of 1952, Supreme Court and federal court cases, statutory patent categories, novelty, utility, nonobviousness, disclosure requirements, and claiming requirements. Technology in the Practice of Law (2) IT 810 Participants in this workshop-style seminar will learn about a wide range of applications of technology to the practice of law, including legal research and writing, litigation applications, electronic communication, electronic publishing, and billing and law practice management. Trademark Law and Practice (3) IP 403 The course explores the historical development of trademark law, creation and maintenance of trademark rights, trademark registration and administrative proceedings, loss of trademark rights, infringement of trademark rights, proof of infringement, special defenses and limitations, unfair competition law, and jurisdiction and remedies. Transborder Data Flow (2) IT 855 This seminar explores national and international implications of the flow of digital electronic data across jurisdictional lines; conflicts of laws and culture regarding content or expression in communications; and comparative analysis of U.S., European Community and other national laws that regulate or tax electronic messages or the transport of electronic data bases across national boundaries. Special attention is given to the European Union Directive on Data Protection. U.S. Telecommunications Law (2) IT 851 This seminar addresses the scope and effect of the federal Telecommunications Act of 1996, Illinois regulation of the telecommunications industry, and the relationship between state and federal telecommunication regulations and the industry. Note: With the approval of the program director, up to 6 credit hours of advanced elective course work in intellectual property law and other areas related to information technology law may be counted toward the LL.M. in Information Technology Law. M.S. Courses in Real Estate Law Required Courses Alternative Means of Dispute Resolution (2) RE 611 An exploration of the use of mediation, arbitration, mini-trials, etc., in the context of real estate- related disputes. Commercial Real Estate Transactions (3) RE 602 A survey of the legal, accounting and business issues relating to the acquisition, construction, leasing, ownership, operation and management of various types of commercial real estate projects. Particular emphasis will be placed upon underwriting considerations, selecting the choice of entity (S-corporation, limited liability company, corporation, general partnership or joint venture or limited partnership) and title insurance. Drafting & Negotiation Skills Workshop (2) RE 608 This course will focus on developing skills in drafting and negotiation, utilizing a basic, but usually highly negotiated, real estate document (such as a joint venture agreement, loan modification agreement or an office lease) to be negotiated for a hypothetical deal. THE 128 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index M.S. Course Descriptions Introduction to American Law (2) RE 634 This course which is to be taken during the summer is designed to give non-lawyers an overview of the American legal system, an introduction to selected areas of substantive law and the ethical context in which law is practiced. The course will enable students to begin to understand the ‘vocabulary’ of the law with particular emphasis given to property and real estate concepts. Introduction to Basic Real Estate Law & Practice (3) RE 635 This course introduces non-legally trained students to the basic substantive areas of real estate law. Transaction considerations as well as legal issue spotting will be emphasized. The course will enable students to begin to understand the dynamics of the law as it pertains to real estate transactions and the practice of real estate law. This course will cover the basics of a real estate transaction starting with preliminary considerations to the final closing process. Introduction to Legal Materials and Analysis (2) RE 636 This course, which is to be taken during the first semester that a nonlawyer is in the M.S. program in Real Estate Law, is designed to give non-lawyers an introduction to legal materials and computerized research. It will teach students how to find, read, and analyze and obtain information from statutes, regulations, cases and typical practice documents such as contracts, leases, declarations, and easements. In addition, it will introduce students to legal writing and drafting. This course will build upon the concepts and vocabulary learned in the Introduction to American Law and serve as the foundation for RE 608 Drafting & Negotiating Skills Workshop, a required course. Elective Courses Affordable Housing (2) RE 610 An in-depth study of the special laws applicable to Section 8 Housing and a workshop covering the structuring, drafting, negotiating and closing of an affordable housing development (i.e., the acquisition of land, formation of a joint venture between the for-profit and not-forprofit entity, financing and construction). Bankruptcy and Insolvency Laws Affecting Real Estate (2) RE 601 An in-depth study of the impact of the federal and state bankruptcy and insolvency laws on real estate development, finance and workouts, focusing on the rights and remedies available to the debtor in bankruptcy and its creditors when a party to a real estate transaction becomes insolvent, including a bankruptcy filing by a landlord, a tenant, a ground lessor or lessee, party to a reciprocal operating and easement agreement, a borrower, or a contractor or subcontractor. Particular emphasis will be placed on the impact of a bankruptcy filing by a borrower on the remedies available to a mortgage lender, including enforcement of pre-petition agreements to lift the automatic stay, the use of pre-packaged bankruptcy plans, the new value exception to the absolute priority rule and enforcement of springing guarantees. Condominium, Cooperative, and Other Common Ownership Interest Communities (2) RE 617 An examination of the laws relating to common ownership interest communities, including the legal foundations and structures of condominiums, cooperatives and home owners associations; occupancy and use restrictions, restrictions on alienation, maintenance of common areas and enforcement of declaration, by-laws and regulations; a review of consumer protection legislation to combat developer abuses; management problems, litigation and conversions. Click for Table of Contents Construction Law (2) RE 612 A study of the various aspects of construction law, including construction contracting and related claims and litigation and the rights and duties of developers, contractors, subcontractors, design professionals, bonding companies and lenders. An analysis of the pitfalls to avoid in construction contracting, the bidding process and government work, construction liabilities and insurance, mechanics liens, construction scheduling and delays, warranties, arbitration or litigation, damages, remedies, waivers and defenses. Environmental Controls and Concerns Affecting Real Estate (2) RE 609 A survey of the various federal and state statutes, regulations and judicial and administrative decisions with respect to environmental matters including, air, water, solid waste and noise pollution abatement (including CERCLA and RCRA); an analysis of thae impact of these environmental controls (both indoor and outdoor) on land ownership, development and financing; and the formation of plans and procedures to improve compliance with environmental laws and rules, including handling a remediation of contaminated property. Fair Housing Clinic (1-4) RE 621, RE 622, RE 623, RE 624 In addition to teaching the substance of fair housing law, the clinic offers students an opportunity to participate in federal court litigation, state and administrative proceedings, and appeals, as well as an opportunity to participate in affordable housing development. Fair Housing/Fair Lending Law (2) RE 633 The study of federal, state and local laws pertaining to discrimination in housing and lending, focusing on the theoretical and legal problems presented by the fair housing and lending laws as well as the practical aspects of handling a fair housing case and methods to comply with these laws, including the Community Reinvestment Act. Federal Income Tax Aspects of Real Estate (2) RE 603 An in-depth analysis of the federal income tax aspects of acquiring, owning, operating and disposing of real estate, including a review of corporate and partnership taxation in connection with the question of form of ownership; the determination of basis, depreciation, recapture, and investment credits; the characterization of gain or loss; the alternative minimum tax; the use of tax-free exchanges; the tax consequences upon foreclosure or loan modification; and the deferral of income through the use of installment sales. Independent Research (1-4) RE 697, RE 698, RE 699 Research on an issue of real estate law and formation of an original idea in connection therewith, culminating in a written work of publishable quality. International Aspects of Real Estate (2) RE 615 An examination of the special legal and business issues which arise when a foreign person or entity develops or finances real estate projects located in the United States, paying particular attention to tax issues. Insurance Aspects of Real Estate Transactions (2) RE 616 This course identifies the insurance issues that are involved in various real estate transactions including construction, financing and the ownership and operation of rental property (from both a landlord’s and tenant's perspective). The focus will be on negotiating and drafting insurance clauses in documents that support these transactions. THE 129 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index M.S. Course Descriptions Land Use Control and Zoning (2) RE 604 A study of governmental regulation and land use restrictions relating to the development of real estate, including municipal zoning, changes in zoning, spot zoning, variances and special exceptions, planned unit developments, floating zones, state controls, landmarks, forced dedications, development fees, condemnation and regulatory takings, subdivision approvals, flood plains and environmental controls. Leasing, Ownership and Management (2) RE 605 An in-depth study of the legal and business issues involved in the leasing, ownership and management of various types of commercial real estate developments. Particular emphasis will be placed upon ground leases and space leases, insurance and compliance with the Americans with Disabilities Act. Rin a theeal Estate Finance (3) RE 607 An examination of various financing devices utilized in the context of acquisition, construction and permanent financings of real estate development, including mortgages of fee title and leasehold mortgages, deeds of trust, installment land contracts, purchase money mortgages and wrap around mortgages. A study of the rights, duties and liabilities of the parties prior to the foreclosure, including the statutory and equitable right of redemption and the special problems which arise in a default situation, including lender liability claims, rights of tenants; enforcement of assignment of rents; subordinate liens and intercreditor agreements; enforcing the due on sale clauses, late charges, default interest and prepayment charges and priority issues (focusing on Article IX of the UCC, the Bankruptcy Code and Banking Law). An exploration of workout strategies and enforcement strategies including modification agreements, forbearance agreements, and the use of a deed in lieu of foreclosure or consent foreclosure. Real Estate Industry (2) RE 619 The overarching objective is to develop an understanding of how real estate markets work. The course provides an introduction to financial analysis of real estate for investment purposes. It will consider the impact of financial performance on the legal and capital structures of real estate investment entities. Finally, attention will be given to how U.S. real estate markets function (not generally open to M.S. students). Seminar on Selected Topics in Commercial Real Estate Finance and Development (2) RE 618 An in-depth treatment of selected topics of commercial real estate finance and development with an emphasis on current developments in the law and the real estate industry. State, Local, and Transfer Taxes (2) RE 614 An analysis of state, county and municipal taxation triggered by real estate ownership and sale, with particular emphasis upon the procedures for the levy, assessment, administrative and judicial review of real estate taxes. M.S. Courses in Tax Law Required Courses Advanced Federal Income Tax (2) TX 340 An advanced review of the inclusions to, and exclusions from, gross income, and of deductions therefrom in arriving at taxable income. The taxation of individuals will be stressed. Various doctrines, such as constructive receipt and step-transaction, will be analyzed. Characterization of transactions as capital or ordinary will be covered in depth. Federal income tax procedure will be surveyed. This is not a basic income tax course. Students requiring a basic course should make special arrangements with the director. Consolidated Tax Returns (2) TX 302 Provides a thorough understanding of the advantages and potential pitfalls of filing consolidated returns. Subjects include reverse acquisitions, consolidated return change of ownership, separate return limitation years (SRLY), deferred inter-company transactions, excess loss accounts, annual investment adjustments, allocation of the consolidated tax liability, and administrative provisions. Corporate Taxation I (3) TX 350 or Corporate Taxation: A Survey (2) TX 353 Real Estate Legal Practicum (1-3) RE 620 This course will provide students a hands-on experience in commercial real estate practice. Under careful supervision, the student will work with a member of the adjunct faculty in one of the various settings where real estate lawyers practice _ law firms, title companies, corporations or government. The course is intended to meet the needs of the individual student who has not had significant practice experience in the field of real estate law. Consultation with and approval of the director of the program is required for registration. Real Estate Litigation (2) RE 613 A workshop covering the substantive and procedural elements of handling real estate-related litigation such as actions to quiet title, ejectment, eminent domain, partition, foreclosure, mechanic's liens, construction claims, brokerage commissions or liability, and real estate sale contracts. Securitization of Real Estate (2) RE 606 Corporate Taxation I (3) TX 350 This is the first of two separate courses relating to the taxation of corporations and their shareholders. These courses focus on corporations governed by subchapter C, as distinguished from other forms of doing business such as partnerships and S corporations. This course will cover the organization of a C corporation, the distinction between between debt and equity, distributions (including redemptions, stock distributions and related company stock sales treated as distributions), and various other related issues. Detailed analysis will be given to corporation liquidations and to the allocation rules for income and deductions among taxpayers. Corporate Taxation: A Survey (2) TX 353 This course is a survey course that will cover the material presented in Corporate Taxation I-II on a less intensive basis. It is directed to those students who intend to specialize in areas other than corporate taxation, yet at the same time wish to learn the broad fundamentals of corporate taxation. Students who have taken Corporate Taxation I or II will only be eligible to take this course with the permission of the director. An in-depth treatment of the alternative sources of fiends for investment in real estate and the transformation of real estate into securities through the use of REMICs, REITs and mortgage conduit vehicles and the use of "derivatives" in real estate financings. Click for Table of Contents THE 130 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index M.S. Course Descriptions Gift and Estate Tax Law (2) TX 370 This course consists of a comprehensive survey of the principles and procedures of federal estate, gift, and generation-skipping taxation, including the relevant principles of valuation, the concept of complete vs. incomplete gifts, the reciprocal trust doctrine, the taxability of property owned by a decedent, life insurance, annuities, death benefits under retirement plans, joint property, powers of appointment, and transfers with retained income and reversionary interests. The course also includes a thorough analysis of the various deductions, credits, and exclusions available for transfer tax purposes. Introduction to Legal Analysis (1) IT 805 This course introduces non-legally trained students to the workings of the legal system, legal methods (including research techniques), and the process of legal education. (Open only to M.S. students. Must be taken concurrently with Substantive Law Overview.) Substantive Law Overview (2) IT 800 This course introduces non-legally trained students to the basic substantive areas of law. Policy considerations as well as legal issue spotting will be emphasized. (Open only to M.S. students. Must be taken concurrently with Introduction to Legal Analysis.) Tax Accounting (2) TX 301 Examination of a broad range of subjects related to accounting methods and periods. Topics include principles of income recognition, prepaid income, claim of right, cash equivalency, and constructive receipt, special methods involving long-term contracts, depreciation, timing of deductions, inventories, estimated expenses, prepaid expense, expense versus capitalization, and conformity between tax and financial accounting. Time value of money concepts will also be considered. Tax/Employee Benefits Research (2) TX 333 This course acquaints students with the large amount of research materials available in the tax and employee benefits areas and develops their skills in researching issues through the effective use of these materials. Primary and secondary sources will be examined in depth. Emphasis will be placed on researching judicial decisions, legislative histories, and administrative rulings. The course will also develop skills in using computerized research tools. No final examination will be given. Student evaluations will be based on various research assignments. Elective Courses Advanced Estate Planning (2) TX 373 Prerequisite Gift and Estate Tax Law; Basic Estate Planning; Federal Income Tax This course studies the application of the federal and state transfer taxes to hypothetical fact situations. It includes an analysis of all relevant estate planning considerations, including the related income tax aspects. Particular emphasis is given to the drafting considerations to implement various estate planning choices. Applicable probate law, along with methods of avoiding probate, is also considered. Basic Estate Planning (2) TX 371 [Name change — formerly Tax 371 — Estate Planning & Admin II] Prerequisite: Gift and Estate Tax Law A study of the application of federal and state transfer taxes to hypothetical fact situations. The course includes an analysis of all relevant estate planning considerations, including gift, estate and generation skipping tax aspects. Some income tax issues relating to trusts and estates are discussed but are not focused on. Applicable probate law, along with methods of avoiding probate, is also considered. Click for Table of Contents Business Practices for Tax Lawyers (2) TX 330 This course presents a study of the language and fundamentals of business activities. Topics will include basic accounting and interpretation of financial statements, as well as various business activities which give rise to tax issues, including debt, securities, mergers, and bankruptcy. The course provides the background necessary to apply tax law principles to common business transactions. Charitable Giving in Estate Planning (2) TX 375 Prerequisites: Gift and Estate Tax Law; Basic Estate Planning; Federal Income Tax This course provides an in-depth analysis of income, estate and gift tax consequences of transmitting wealth via charitable giving; The legal and ethical problems involved with fund-raising will be discussed, as well as consideration of alternative funding methods. The income tax aspects of charitable giving by trusts and estates will be covered, as well as the transfer tax issues. Generation skipping taxes will also be discussed. Selected sophisticated forms of giving, such as charitable lead trusts, pooled income funds, bargain sales, and charitable gift annuities, will be analyzed. Civil and Criminal Tax Procedure (2) TX 392 This course entails a study of jurisdictional and procedural problems arising in civil tax practice. This course deals with procedure and documents necessary at all stages of the controversy before the IRS, the choice of courts, pleadings and procedure for the Tax Court, the District Court, and the United States Court of Federal Claims. Statutes of limitations, penalties, examinations, administrative appeals and tax court procedure will be covered. Collection issues include offers in compromise, innocent spouse defenses, and IRS liens and levies. The burgeoning area of administrative tax practice will be studied in detail. The content of this course will be at least two-thirds civil procedure and at most one-third criminal procedure. This course also covers substantive and procedural federal criminal law in the tax and whitecollar areas in the context of effective representation and professional responsibility. Corporate Taxation II (3) TX 351 This course is the second course of a two-course series in corporate taxation. An in-depth study will be made of corporate reorganizations under Section 368 of the Code, including both stock and asset acquisitions, as well as corporate separations under Section 355. Also to be addressed are issues related to affiliated corporations, and the survival and transfer of corporate attributes. Problem sets will be handed out to illustrate the workings of these highly technical rules, but the course will go beyond the technical to emphasize tax planning considerations. Federal Income Taxation of Property Transactions (2) TX 341 Prerequisite: Advanced Federal Income Tax This course covers in-depth the federal income tax consequences arising from sales, exchanges and other dispositions of property. Matters covered are determination of the taxable event, the amount realized, adjusted basis, and loss limitations (including passive activity and atrisk provisions). The course includes a detailed analysis of taxable transactions, including the use of the installment method of accounting, as well as study of the non-recognition provisions including like-kind exchanges and involuntary conversions, but excluding corporate reorganizations. The course covers various methods of acquisitions and disposition of businesses, including special allocation rules for certain assets. THE 131 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index M.S. Course Descriptions Income Taxation of Estates & Trusts (2) TX 372 Prerequisite: Gift and Estate Tax Law and Individual Income Tax A thorough review of the income taxation of personal trusts and estates. The course will also cover the rights, powers, and duties of a fiduciary, principles of trust accounting, virtual representation, total return trusts, planning opportunities and drafting issues. Independent Study (1-3) TX 398 Research on an issue of tax law and formation of an original idea in connection with that issue, culminating in a written work of publishable quality. Life Insurance: Tax Aspects in Business, Estate, Employee Benefits and Financial Planning (2) TX 336 Life insurance is a financial vehicle commonly used in funding many of the financial plans and benefit programs dealt with in the courses offered in the program. Because it is such a technical subject and also because tax practitioners are obliged to understand how life insurance products operate, how they may be utilized, and the tax aspects applicable, we offer a separate course on this subject. The course will stress the tax aspects of funding buy-sell agreements; estate and gift tax consequences of life insurance acquired as part of one’s estate or financial plan; income and estate tax aspects of life insurance included in pension, profit sharing, and group health plans; and income, estate, and gift tax matters associated with insurance-funded executive benefit plans. Partnership Taxation (2) TX 380 This course will examine in-depth the provisions of Subchapter K of the Internal Revenue Code of 1986, as amended. Included will be a study of when a partnership exists, the essential characteristics that distinguish partnerships from corporations and the difference and similarities between partnerships and S corporations. This course will also cover the partnership-like tax treatment of limited liability companies. Basic partnership tax law, including the tax consequences relating to the formation, operating and termination of partnerships and transfers of partnership interests will be analyzed in detail. Time will also be spent examining the subjects of partnership allocations, transactions between a partner and the partnership, and the treatment of partnership liabilities. Finally, the course will also consider the effect of the at-risk and passive activity loss limitations upon partnerships and their partners. Personal Financial Planning (2) TX 335 Prerequisites: Gift and Estate Tax Law, Basic Estate Planning This course is an overview of the planning that an individual should consider during his or her lifetime, including the disposition of property at death. It includes income tax concepts as they relate to personal financial planning, investment considerations, risk management, use of trusts, retirement options (when implementing plans and when withdrawing from plans) and gift and estate tax problems, including post-mortem planning. The course concludes with several cases to illustrate the tax savings that can be achieved with proper planning. This course will enable students to do personal financial planning for their clients, which is one of the growth areas for practicing lawyers. Because of the nature of the material there is no required sequence to this course with respect to the estate planning courses (TX 370 and 371). Click for Table of Contents Post-Mortem Planning and Estate Administration (2) TX 374 Prerequisites: Gift and Estate Tax Law; Basic Estate Planning; Federal Income Tax This course covers federal tax issues and state probate law issues that occur in the settlement of a decedent’s estate. Topics covered will include the use of disclaimers and/or the QTIP election to obtain the optimum martial deduction bequest; post death accounting issues facing owners of pass-through entities; income tax consequences of property distributions in satisfaction of bequests; valuation issues and III onestate tax deferral considerations; and apportioning the tax burden. State and Local Taxes (2) TX 385 A study of state income, excise, real property, and franchise taxes; retailer's occupation and related taxes (sales tax); and City of Chicago taxes. Appropriate tax planning becomes more difficult as expanding governmental revenue needs lead to increasingly complicated state and local tax structures. The course is designed to provide a beginning familiarity with the practical aspects of a state and local tax practice, with emphasis on Illinois law. Tax Exempt Organizations (2) TX 386 This course covers problems associated with obtaining and maintaining exemption from federal income tax under subchapter F of the Internal Revenue Code. Special emphasis is placed on private foundations, the extent of permissible commercial activities or transactions, unrelated business income tax problems, prohibited transactions, charitable contribution limitations , intermediate sanctions and discussions of the professional responsibilities of attorneys dealing with non-profit organizations. The mechanics of obtaining exemptions, as well as the philosophy behind such preferred status, are examined. Organizing and operating not-for-profit corporations and tax exempt trusts are also reviewed in-depth. Taxation of Closely Held Businesses (2) TX 334 Prerequisite: Advanced Income Tax Recommended: Partnership Taxation, Corporate Taxation This course will examine tax aspects of sole proprietorships, C corporations, S corporations, partnerships, and limited liability companies for small and closely held businesses. We will begin by examining issues that arise when selecting the type of entity, the annual accounting method, and setting compensation. Then, for each entity, we will discuss the consequences related to formation, distribution of profits and losses, and termination. Finally, we will examine how the selection of entity impacts the type of employee benefits that may be provided by the entity and the transfers of ownership interests during lifetime and upon death. U.S. Taxation of International Transactions and Foreign Taxpayers (2) TX 387 A study of the U.S. taxation of international commercial transactions involving U.S. and foreign taxpayers. As business becomes more international in scope, most practitioners will be exposed to foreign taxation. This course covers the U.S. taxation of the income of U.S. taxpayers operating abroad through branches and subsidiaries; the U.S. foreign tax credit provisions; cross-border asset transfers; related party income allocations; foreign currency issues; the U.S. taxation of non-resident individuals and foreign corporations; and bilateral income tax treaties. THE 132 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Rights R E S E R VAT I O N OF RIGHTS The material contained in this catalog is for information only and does not constitute a contract between the student and the law school. The law school reserves the right at any time to: 1) modify the requirements for admission or graduation, 2) change the tuition or fees, 3) change the assignment of teachers, arrangement of courses, content of courses, or materials used at any time, 4) change the calendar year, 5) refuse admission or readmission to any student at any time, 6) dismiss any student at any time for either academic or disciplinary reasons, 7) modify, add to, or delete academic policies and other rules and regulations affecting students, which may be made applicable to all students regardless of the date of matriculation, or 8) modify, add to, or delete any other provision within this catalog. CAMPUS CRIME POLICIES AND SECURITY To ensure that The John Marshall Law School is a safe and secure environment for all students, employees and visitors and to comply with the Crime Awareness and Campus Security Act (“the Act”), the law school has instituted policies and procedures related to campus security. Under the Act, the law school is required to disseminate its relevant policies and procedures and to publish a campus security report related to certain oncampus crimes and violations. The act also requires the law school to inform the campus community where law enforcement agency information concerning registered sex offenders may be obtained. The Illinois State Police registered sex offender database is available online at www.isp.state.il.us/sor/sor.cfm. If the law school is informed by the Illinois State Police Criminal Intelligence Bureau that a registered sex offender is in attendance, the law school will investigate the matter to take such steps as it deems necessary to maintain the security of the law school campus. Please see the Student Handbook for more information. 2005 C A M P U S C R I M E R E P O R T In compliance with the Act, the law school makes the following disclosures: Incidents 2003 2004 2005 Murder 0 0 0 Forcible sex offenses 0 0 0 Robbery 0 0 0 Aggravated assault 0 0 0 Burglary 0 0 0 Motor-vehicle theft 0 0 0 Arrests 0 0 0 Liquor-law violations 0 0 0 Drug-law violations 0 0 0 Weapon violations 0 0 0 Although not required by law to be reported, unattended personal items have been stolen occasionally. The law school cautions students to exercise care with their possessions. DRUG AND ALCOHOL ABUSE POLICY It is the policy of The John Marshall Law School to create a drug-free environment in keeping with the spirit and intent of the Drug-Free Schools and Communities Act. Click for Table of Contents The unlawful manufacture, distribution, dispensation, possession, sale or use of illicit drugs and alcohol on the law school premises or while engaged in the law school’s business off premises is strictly prohibited. The illegal use of drugs and alcohol is inconsistent with the behavior expected of employees and students, subjects all employees, students and visitors to unacceptable safety risks and undermines the law school’ s ability to operate effectively and efficiently. Compliance with the standards of conduct described above is mandatory. Please see the Student Handbook for more information. HARASSMENT POLICY The John Marshall Law School is committed to providing an educational environment where women and men can work and study together comfortably and productively, free from sexual harassment. Such behavior is illegal under both state and federal law and will not be tolerated at the law school. See the Student Handbook for more information. N O N - D I S C R I M I N AT I O N P O L I C Y The John Marshall Law School, finding any invidious discrimination inconsistent with the mission of free academic inquiry, does not discriminate in admission, services or employment on the basis of sex, sexual orientation, race, color, religion, national origin, ancestry, age or disability in accordance with provisions of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and other existing federal and state laws and executive orders pertaining to equal rights. The director of Human Resources is responsible for the law school’s compliance with section 504 of the Rehabilitation Act of 1973. NOTICE Pursuant to the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, The John Marshall Law School may disclose the following directory information about a student to any person without prior notice to or consent from the student: his or her name, address, telephone listing, date and place of birth, major field of study, participation in officially recog-nized activities, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student. Any student who does not want any directory information about himself or herself released without his or her prior consent shall indicate so in a signed letter to the office of the associate dean for academic services. A new letter must be submitted at the beginning of each academic year. A C C R E D I TAT I O N The John Marshall Law School is accredited by the American Bar Association Section of Legal Education and Admissions to the Bar and by the Higher Learning Commission of the North Central Association of Colleges and Schools. The Higher Learning Commission may be contacted by mail at 30 North LaSalle Street, Suite 2400, Chicago, Illinois 60602-2504, or by telephone at 312.263.0456. The original notifications of accreditation may be seen in the dean’s office. Please make an appointment with the dean’s secretary. THE 133 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Click for Index Index Index 4 Course Load _________________ 77 Harassment Policy __________133 Map and Directions __________135 Academic Dismissal _________ 78 Courses, Core________________ 81 Honors Programs ___________ 28 Master of Science Academic Rules _____________ 77 Courses, Elective ____________ 81 John Marshall Law Review __ 28 Accreditation ________________133 Curriculum ___________________ 81 Joint Degree with Administration _______________ 68 Decisive Utterance __________ 24 Admission Criteria ___________ 72 Degree Programs ____________ Admission Information ______ 72 Degree Requirements, J.D. __ 77 Academic Calendar _________ 7 Courses _____________________95 Roosevelt University______ 8 Message from the Dean _____ Joint J.D./LL.M. Program ____ 7 Moot Court Competitions____ 32 Degree Requirements, LL.M. 80 LL.M. in Global Legal Admission to the Bar ________ 7 Disability Policy _____________ 80 Alumni Relations ____________ 20 Discipline and Behavior _____ 80 Application Procedures______ 72 Dismissal ____________________ 78 Attendance __________________ 77 Drug and Alcohol Abuse Auditors ______________________ 73 Board of Trustees____________ 67 Board of Visitors_____________ 66 Electives, J.D. Program _____100 Enrollment in Another Non-discrimination Policy ___133 Pre-admission Program ______ 72 Studies ____________________ 10 Probation ____________________ 78 Courses ___________________124 Readmission _________________ 79 LL.M. in Employee Benefits _ 9 Courses ___________________110 Policy______________________133 4 Moot Court Honors __________ 31 Journal of Computer and Information Law __________ 28 Admission Periods ___________ 72 (M.S.) Degrees ____________ 13 Reservation of Rights _______133 LL.M. in Information Technology Law _________ Refund Policy ________________ 76 10 Courses __________________ 112 Retention ____________________ 79 Review of Intellectual Property Law ______________ 28 Law School________________ 80 LL.M. in Intellectual Campus Crime and Rules for Disciplinary Examinations and Grades ___ 78 Securities Policies _________ 133 Property Law ____________ 11 Externship Programs _______ 82 Campus Visits _______________ 73 Courses __________________ 114 Facilities and Services ______ 16 Career Services______________ 17 LL.M. in International Faculty, Adjunct _____________ 62 Certificate Programs ________ 90 Proceedings _______________ 80 Graduation Awards __________ 25 Special Aid Programs Business and Trade Law __ 11 (Financial Aid) ____________ 75 Courses ___________________118 Student Bar Association ____ 24 LL.M. in Real Estate Law ____ 12 Student Life__________________ 23 Courses ___________________121 Summer Term ________________ 72 LL.M. in Tax Law_____________ 12 Transcripts___________________ 80 Courses ___________________122 Transfer Students ___________ 73 Lawyering Skills _____________ 97 Trial Advocacy Honors ______ 33 Legal Writing_________________ 81 Tuition _______________________ 76 Library _______________________ 21 Veterans Assistance ________ 75 Loans ________________________ 75 Writing Resource Center ____ 18 Faculty, Full-Time____________ 39 Clinical Programs____________ 82 Fair Housing Legal Clinic____ 82 Colleges and Universities ___ 36 Fair Housing Legal Combined J.D./M.B.A. Programs __________________ Support Center____________ 15 8 Fees __________________________ 76 Combined J.D./M.P.A. and 8 Financial Aid _________________ 75 Course Descriptions, Graduate 110 Fraternities __________________ 24 Course Descriptions, J.D. ___ 98 Grading Curve _______________ 79 Course Listings, Graduate __ 91 Graduate (LL.M.) Programs__ Course Listings, J.D. ________ 97 Guaranteed Law School J.D./M.A. Program _________ Admission Program (GPPA) _ Click for Table of Contents 9 8 THE 134 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007 Directions We are located at 315 South Plymouth Court in Chicago, between State and Dearborn, Jackson and Van Buren. • From Lake Shore Drive (Route 41) go west on Balbo to Michigan Avenue, go north on Michigan to Congress Parkway, go west on Congress to Plymouth Court, go north on Plymouth Court to 315; • From Interstate 55 go east to Lake Shore Drive (Route 41), then follow above directions; • From Interstate 290 go east to Congress Parkway, continue east to Plymouth Court, go north on Plymouth Court to 315; • From Interstate 90/94 go to interstate 290, go east on Interstate 290 to Congress Parkway and follow the directions for I-290 or take I-90/94 to Jackson Boulevard, go east on Jackson to Plymouth Court, go south on Plymouth Court to 315 (the second building on the east side). 1 James R. Thompson Center 6 Dirksen Federal Building 2 City Hall/County Building 7 Metcalfe Federal Building 3 Daley Center 8 Harold Washington Library 4 Chicago Board of Trade 9 Art Institute of Chicago CTA Loop “El” Train 5 Kluczynski Federal Building State/Van Buren “El” Stop Michigan Wabash State Dearborn Clark La Salle Wells Franklin N E W S Lake 1 3 Columbus Drive 2 Washington Madison Lake Shore Drive Randolph Monroe Lake 9 Adams Jackson 5 4 6 Grant Park Michigan 7 Van Buren 8 Federal Harrison Plymouth Congress THE JOHN MARSHALL LAW SCHOOL 315 SOUTH PLYMOUTH COURT THE 135 JOHN MARSHALL LAW SCHOOL CATALOG 2006-2007