Honors Scholar Class Projects

According to a study conducted by Chicago-Kent Honors Scholars and co-sponsored by the Lawyers' Committee for Better Housing, the Chicago Eviction Courts' lack of attention to procedural requirements, although not necessarily subverting justice, harms the dignity of tenants and often sends them away with little to no understanding of the judgments against them.

The honors scholar class of 2004 teamed up with the Lawyers' Committee for Better Housing to study Chicago’s Eviction Courts. During the fall of 2002, the students monitored 763 cases. A report documenting their findings - No Time for Justice, A Study of Chicago's Eviction Court - was released on December 18, 2003. In response to the findings outlined in the report, students are now talking with judges of the eviction courts to discuss potential reform.

The study showed that the average duration of a case was 1 minute and 44 seconds, that landlords frequently failed to meet their statutory burden of proof without consequence, and that tenants were rarely given the chance to state a defense to the landlord’s claims. The students also found that parties were sworn in before giving testimony in only 8% of the cases, that the judge examined the written notice given by the landlord to the tenant and required by Illinois law in only 65% of the cases, and that the judge asked the tenants for a defense in only 27% of the cases.

The data showed that a number of tenants could have asserted effective defenses based on their substandard living conditions had they only been given the chance. The report also stresses the need to educate the tenants through public service organizations, in order to help them enforce their rights before it’s too late.

The report states that "for the system to work, it must at least be possible for defendants to prevail, and where they don't, it must treat them with the dignity and respect owed to those facing one of life's most devastating losses: the loss of one's home."

In order to study the courts properly, the honors scholars studied Illinois housing law, created a comprehensive form for court observation, monitored hundreds of cases, compiled the data, and produced the report to document their findings. The students also worked with Adrianne Zahner, an honors scholar from the class of 2002.

For more information on the report and the project, please visit http://www.kentlaw.edu/news/releases/eviction_court.html.

In the News:

Chicago-Kent College of Law, "Chicago-Kent and Lawyers' Committee for Better Housing study finds eviction court inattentive to procedural requirements and tenant's dignity," news release, December 18, 2003. http://www.kentlaw.edu/news/releases/eviction_court.html

Lydialyle Gibson, "Eviction justice is a 'flick of the switch'; Study by Chicago-Kent law students finds one-minute verdicts, lack of 'dignity' in city's housing court," Chicago Journal, January 8, 2004.

LCBH Executive Summary. http://www.lcbh.org/pdf/summary.pdf

LCBH Housing Briefs, Spring 2004

John Biemer, "Eviction Courts too hurried, study says," Chicago Tribune, December 18, 2003, Metro sec., 6.

Jerry Crimmins, "Eviction courts put under microscope," Chicago Daily Law Bulletin, December 19, 2003, 3.

Paul Bernstein, "Chicago's eviction courts need increased support," Chicago Daily Law Bulletin, December 31, 2003, 5.

Ed Sacks, "Survey faults county courts' handling of eviction cases," Chicago Sun-Times, January 25, 2004.

Chinta Strausberg, "Study reveals tenants get shafted in Eviction Court," Chicago Daily Defender, December 19, 2003.

Ivette Sandoval, "Affordable housing crisis linked to the number of evictions in Chicago," Lawndale News, December 25, 2003, 1.

Business brief, "Tenants don't get say before eviction," Chicago Daily Herald, January 3, 2004.

The honors scholars class of 2005 assisted Attorney Ralph E. Meczyk in the writing and filing of a brief in opposition to a petition for writ of certiorari to the United States Supreme Court. The students filed the petition on March 1st, 2004, on behalf of respondent Roy I. Caballes. The question at issue in the petition is whether the Fourth Amendment requires reasonable, articulable suspicion in order to justify using a drug-detection dog to sniff a vehicle during a legitimate traffic stop. Mr. Caballes was arrested and charged with one count of cannabis trafficking after a drug-detection dog alerted troopers to drugs in the trunk of his car. Mr. Caballes was pulled over for speeding. The trooper checked respondent's record with the police dispatcher, questioned respondent, discussed an unrelated matter with another officer and then proceeded to write the speeding ticket. In the meantime, another trooper had been dispatched to the scene with a drug-detection dog which subsequently found drugs in the respondent's car.

Respondent moved to suppress the drug evidence at trial. The trial court denied the motion and found Caballes guilty. Caballes appealed the motion to suppress the evidence and the Illinois Appellate Court affirmed. The Illinois Supreme Court reversed the decision, holding that the behavior of the state troopers unreasonably expanded the scope of the traffic stop under the standards articulated in Terry v. Ohio, 392 U.S. 1 (1968).

The petition for writ of certiorari is currently on the Supreme Court's docket. More information on the status of the case can be found at http://search.access.gpo.gov/supreme-court/SearchRight.asp?ct=Supreme-Court-Dockets&q1=Caballes

Procedural History:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=03-923

In the News:

Gary Mays, "Search-and-seizure ruling draws mixed reaction," Journal Standard, March 4, 2004. http://www.journalstandard.com/articles/2003/11/22/local_news/news33.txt

Steven R. Merican, DuPage County Bar Association, January 2004. http://www.dcba.org/legal/case_law0104.htm

Newsbrief, "Traffic Stop Not a License for Criminal Investigation, Illinois Supreme Court Says," Stop the Drug War Org. http://stopthedrugwar.org/chronicle/313/trafficstop.shtml

Abdon M. Pallasch, "Illinois Supreme Court Curbs Police Powers in Car Searches," Chicago Sun-Times. November 21, 2003.
http://www.hemp.net/news/index.phtml?article=1069861961

Flamingo Industries, a manufacturer of mail-sacks, filed a suit in 2000 against the United States Postal Service. Flamingo alleged that the post office had created an emergency mail-sack shortage that allowed it to award no-bid contracts to foreing manufacturers without allowing American companies like Flamingo a chance to compete, all in violation of federal antitrust laws. Chicago-Kent's Dean Harold J. Krent represented Flamingo Industries in its petition for writ of certiorari to the United States Supreme Court and argued the case before the Supreme Court. Honors Scholar Karen Doran helped Dean Krent in the preparation of the briefs filed on behalf of Flamingo.

For more on the case visit http://www.supremecourtus.gov/opinions/03pdf/02-1290.pdf.

Every year, Internet auction fraud costs American consumers approximately $5 million. The most prevalent complaints made by consumers to the Federal Trade Commission involve identity theft, misrepresented merchandise, and undelivered goods. In response to this growing problem, the honors scholars class of 2003 collaborated with the City of Chicago's Department of Consumer Services and AT&T. The students created "You Don't Know Auctions!", a web site aimed at educating consumers about the common types of on-line auction fraud, how to avoid becoming a victim, and how to remedy fraud if you do become a victim. The site has commentary that teaches visitors everything from the types of auctions to what to do if the buyer or seller doesn't live up to their end of the bargain. When visitors feel like they've read enough, they can test their knowledge at the online auction quiz game, "The Auction Watchdog Challenge."

To learn more about this project and on-line auction fraud, visit www.youdontknowauctions.com.

In the News:

Kate Schott, "Law students warn: You don't know online auctions," Chicago Daily Law Bulletin, February 4, 2003, 1.

Christine Tatum, "Site fights fraud found on Internet auctions," Chicago Tribune, February 15, 2003, Business sec., 1.

"Site warns its visitors: Beware of Web auctions," Chicago Tribune, sec. 4, 2.

Christinen Willard, "E-buyers beware: Students watch out for fraud," National Jurist.

News Segment, "Auction Action," Abc7 News. ABC site.

In the Spring of 2001, the 2002 honors scholar class teamed with the City of Chicago's Department of Consumer Services to combat Internet fraud. Students helped investigate allegations of fraud in the online auction and contract areas of the law. They also built a website - www.wageronthemadness.com - in order to teach consumers about the dangers of online betting. The site warned consumers about gambling online, the dangers of "get quick rich" schemes, and other on-line fraud.

The site was launched on March 12th and targeted March Madness fans who may have been looking to wager on the NCAA basketball tournament. The site looked like an Internet gambling site, allowing visitors to select teams and to wager on the outcome of the games. However, the site not only taught about fraud on the Internet but also that things on the Internet are not always as they seem. Instead of actually allowing users to place bets, the visitors were transferred to pages that warned of the dangers of online fraud. Visitors were also reminded that gambling may be illegal in their state.

In the News:

Staff writer, "Law students know the odds on Internet gambling, fraud," Chicago Daily Law Bulletin, March 13, 2001, 3.

Chicago-Kent College of Law, "Chicago-Kent College of Law Professor Warns NCAA Fans That Betting Online May Pose Legal, Security Risks," news release, April 2, 2001.

Reid Kanaley, "Internet promises if you can use a mouse, you can gamble," The Philadelphia Inquirer,March 17, 2001.

Canavan's disease is an uncurable degenerative disease that causes childhood death and is most common among Ashkenazi Jews. After Daniel and Debbie Greenberg lost two children to the disease, they decided to become involved in prenatal testing of genetic disorders affecting the Jewish population. They founded the Chicago chapter of the National Tay-Sachs and Allied Diseases Association and through their work met Dr. Reuben Matalon, a researcher at the University of Illinois in Chicago. They convinced Dr. Matalon to focus his research on Canavan's disease in the hopes that he would be able to isolate the gene and provide prenatal testing that was accessible and affordable for the public.

The Greenbergs donated tissue samples from themselves and their children as did over 160 other families. They also founded the Canavan Registry and donated money to the effort. In 1993, Dr. Matalon, who had moved to Miami Children's Hospital, isolated the Canavan gene. In 1996, the Canavan foundation began offering free testing. However, in 1997, Miami Children's Hospital received a patent on the gene and the Canavan Foundation was forced to stop offering the free screening. None of the families involved had been told that a patent was being sought.

The Miami Children's Hospital not only collected royalties on the patent but restricted the number of labs that could offer the testing and charged a fee beyond the cost of the test. Because of the restrictive licensing, many labs stopped offering the test.

In the Fall of 2000, the Honors Scholar Class of 2002 worked with Professors from the Chicago-Kent legal clinic and the Institute for Science, Law and Technology, to file a pro-bono lawsuit against Miami Children's Hospital and Dr. Matalon on behalf of the parents of the children with Canavan's disease. Professors Laurie Leader, Ed Kraus and Lori Andrews led the group.

The brief argued that the patent was secretly obtained using the financial and genetic resources from the families that were donated for the public good, and the patent now limits the availability and affordability of the test as well as further research of the disease. It was argued that there was a breach of informed consent, a breach of fiduciary duty, unjust enrichment, conversion, misappropriation of trade secrets, and fraudulent concealment. The case was the first of its kind, taking the researchers to court concerning the control of a gene. The case subsequently settled.

In the News:

http://www.kentlaw.edu/classes/rstaudt/plustechlaw2003/canavan.htm

Gene Patenting," Chicago Center for Jewish Genetic Disorders."
http://www.jewishgeneticscenter.org/advocacy/gene/

Peter Gorner, "Parents suing over patenting of genetic test," Chicago Tribune, November 19, 2000. http://lists.essential.org/pipermail/pharm-policy/2000-November/000500.html

Eliot Marshall, "Genetic Testing: Familes Sue Hospital, Scientists for Control of Canavan Gene, http://www.fordham.edu/law/faculty/patterson/tech&hr/materials/canavan.html

Headlines, "Miami Children's; Parents Carrying Genes for Fatal Canavan Disease Sue," Class Action Reporter. http://bankrupt.com/CAR_Public/001214.MBX

Dashka Slater, "A design for creatures that are half man, half animal has raised fundamental questions about what it means to be human. Two critics of biotechnology want the U.S. Patent Office to answer them," Legal Affairs.
http://www.legalaffairs.org/issues/November-December-2002/feature_slater_novdec2002.html

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