DePaul Law News

Professor Gerstenblith appointed to administrative post by President Obama

President Barack Obama recently announced his intent to appoint DePaul College of Law's Distinguished Research Professor Patty Gerstenblith as chair of the Cultural Property Advisory Committee in the U.S. State Department. She will serve a three-year term as chair of the committee, which advises the president on appropriate U.S. action in response to requests from state parties for assistance in protecting their cultural heritage, pursuant to Article 9 of the 1970 UNESCO Convention.

In a White House press release, President Obama said, “It gives me great confidence that such dedicated and capable individuals have agreed to join this administration to serve the American people. I look forward to working with them in the months and years to come.”

Professor Gerstenblith is director of DePaul's Center for Art, Museum & Cultural Heritage Law. She is founding president of the Lawyers’ Committee for Cultural Heritage Preservation and is a director of the U.S. Committee of the Blue Shield. She also has served as chair, senior advisor and vice chair of the American Bar Association Section on International Law's Art and Cultural Heritage Law committee.

Professor Albiol receives award for excellence in immigration law

Professor Sioban Albiol, director of the Asylum & Immigration Law Clinic, received the Joseph Minsky Beacon of Light Award from the Chicago chapter of the American Immigration Law Association (AILA) on June 20, 2011. The award is presented to those demonstrating excellence in the field of immigration law.

According to AILA, "Sioban established herself as a leader in the advocacy efforts for immigrants in the community. She provides guidance to her students by a regimented approach in order to zealously advocate for her clients. These students who are taught by Sioban certainly excel as lawyers directly as a consequence under Sioban's leadership and direction. As immediate past chair of AILA Chicago, Sioban continued her efforts in advocating for the underserved by chairing the Legal Services for Detainees Committee where she spearheaded efforts to initiate Chicago's first pro bono bond project. She was more than deserving of this award in light of her tireless commitment to AILA and the entire immigrant community."

Criminal Appeals Clinic works to overturn conviction obtained using unconstitutional statute

A number of appellate court decisions have found a certain provision of the retail theft statute to be unconstitutional, as it creates a mandatory presumption that relieves the state of its burden to prove the element of intent. In other words, the presumption denies the trier of fact the discretion to determine if merchandise from a retail store has been removed intentionally or inadvertently.

DePaul College of Law Criminal Appeals Clinic student Thomas Volgelhuber is working on a case in which a judge explicitly relied on this unconstitutional presumption in finding the state met its burden of proof, convicting a defendant of retail theft and sentencing him to two and a half years in prison. “There is little case law regarding the application of [this] unconstitutional mandatory presumption by a bench judge,” says Vogelhuber. “This was not, however, disconcerting because the error by the judge was obvious and warrants a reversal of the conviction.”

“The significance of this case is that in none of the other published decisions has the trier of fact actually relied on this bad presumption,” says Scott Main, an adjunct professor who teaches the clinic in a rotation with attorneys Laura Weiler, Patrick Cassidy and Maria Harrigan from the Office of the State Appellate Defender.

“A reversal of [the client’s] conviction based on this unconstitutional statute can send a signal to the legislature to change this law. This case provides a great example of how appellate advocacy is focused on the individual rights of your client, but can also lead to changes in the law that can benefit others similarly situated.”

Like Vogelhuber, each student in the Criminal Appeals Clinic handles their own case: scouring the trial record for anything that strikes them as odd or unfair; performing research to provide support for their theories; and ultimately drafting a brief for their client that will be filed in the Illinois Appellate Court at the end of the semester.

“So much of a student’s legal writing experience in law school is learning the technical aspects of drafting and providing a balanced understanding of the law,” says Professor Main. “With the appeals clinic, we emphasize that you always begin with the rule and then expand outward. We encourage students to find their voice as an advocate, learning how to persuasively take a point of view on behalf of their client.”

 

Pro Bono & Community Service Initiative announces 2011 service award recipients

The Pro Bono & Community Service Initiative hosted its annual Service Reception & Awards Ceremony on April 21, 2011. Law students, faculty, staff and alumni attended, and law students who completed 50 hours or more of service during their time at DePaul received a service award. Nearly 100 students qualified, with 25 students receiving the prestigious Benjamin Hooks Distinguished Public Service Award.

The Hooks award is given to graduating third and fourth year students who completed 200 or more hours of service and best exemplify the Vincentian commitment to service and social justice. Dean Wolfson gave the welcome address, and DePaul College of Law alumna Ann Walsh, partner at Lockelord Bissell & Liddell, was the keynote speaker for the evening. Ms. Walsh discussed the importance of pro bono work and her pro bono political asylum cases with the National Immigrant Justice Center. Cheryl Price, Director of the Pro Bono & Community Service Initiative, presented the awards. The evening was a wonderful celebration of the College of Law’s service work.

International Aviation Law Institute collaborates on World Economic Forum report

The World Economic Forum recently cited the International Aviation Law Institute (IALI) as a contributing partner to its 2011 report, Policies and Collaborative Partnership for Sustainable Aviation.  The report, which developed from a yearlong consultation among airline industry leaders, government officials, academics and nongovernmental communities on measures to decrease aviation CO2 emissions, will inform the ongoing environmental policy discussions taking place under the auspices of the U.N. and the International Civil Aviation Organization.

IALI submitted a detailed white paper discussing the international political and legal challenges to reducing aviation emissions through so-called “Market Based Measures” such as taxes or cap-and-trade systems. Professor Brian Havel, IALI director, is working with FedEx/United Airlines Research Fellow Gabriel Sanchez to complete a law review article that expands on IALI’s contribution to the report. The article addresses the possibility of forging a global agreement to offset civil aviation’s carbon footprint while remaining sensitive to the ongoing problems associated with fragmentation in the international legal system.

 

Law students study human rights issues in Chiapas, Mexico

DePaul law students and faculty visit an indigenous community in Chiapas, Mexico, during the Human Rights Practicum in May 2011.

For 12 years, the College of Law has sent students to Chiapas, Mexico for a 10-day human rights practicum. This year’s delegation was stellar, and the itinerary was one of the most comprehensive the practicum has ever had. Sixteen students traveled all over the state of Chiapas to meet with community groups, nongovernmental organizations and indigenous people -- all using the law and their organizing power to fight for basic human rights and dignity in Mexico.  

At the conclusion of each day, the students met with the trip’s faculty advisor, Professor Leonard Cavise, to discuss the day’s meetings and the role of human rights in Mexico. Many students drew parallels between their experiences and the type of legal work they hope to do in the United States. 

This summer, each student will work on a project of his or her choice to complete the Chiapas coursework. Three esteemed students (Kelli Fennell, Katie Calhoun and Adrian Bleifuss Prados) will remain in Chiapas for the entire summer, doing legal work and organizing for the Centro de Derechos de la Mujer de Chiapas (Women’s Rights Center) and the Centro de Derechos Humanos Fray Bartolome de las Casas (Human Rights Center). 

Over the years, the organizations and community groups have formed strong and lasting relationships with DePaul students and alumni. These relationships will continue to grow in the future, as DePaul remains one of the only schools in the nation that offers an educational program in Chiapas, Mexico.