Stick to-up Action Required to Set Standards for DOMA Choices, Says John Marshall Law School Professor

(PRWEB) June 27, 2013

Adhere to-up action is required from the Obama Administration or the courts to support clarify how the Defense of Marriage Act (DOMA) will be applied across the nation, says Associate Dean and Professor Anthony Niedwiecki of Chicagos John Marshall Law School.

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Although the Court struck down DOMA in United States v. Windsor, No. 12-307 (U.S. June 26, 2013), it did not deliver any further directions, arguing that it had no other purpose to venture into matters typically left to the state except to stigmatize and demonize gay people.

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For that reason, a question still remains on whether or not all or some of these rights will extend to those folks who have been married in one state but now live in a state that doesn’t recognize very same-sex marriage, the professor stated.

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Niedwiecki, a gay activist, said he is anxious to see what the next step will be in clarifying the Wednesday ruling. He referred to as the selection granting gay couples equal protections under federal law an historic ruling. The court said defining marriage as between one particular man and one lady was wrong. All couples, regardless of sexual orientation, are eligible for federal rewards, such as tax rules and Social Safety payments.

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The Court stated that the law unfairly treated legally married same-sex couples differently than legally married opposite-sex couples an action that violated the Equal Protection Clause of the U.S. Constitution,” the law professor explained.

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Niedwiecki predicted the impact of this choice will be quick for those identical-sex couples who are legally married in their state. A query nevertheless remains on whether or not all or some of these rights will extend to those people who were married in one state but now live in a state that doesn’t recognize identical-sex marriage.

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In its second choice Wednesday, Hollingsworth v. Perry, No. 12-144 (U.S. June 26, 2013), the Court examined an objection to Californias Proposition 8 authorized in 2008 that declared marriage between a man and a woman. In its choice, the Court ruled that these opposed to gay marriage lacked standing to bring an appeal in which the federal district court and the 9th Circuit Court of Appeals each located the California law unconstitutional.

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While the case was getting appealed, no same-sex marriages had been performed, but California Governor Edmund Jerry Brown has ordered all clerks in the state to commence issuing marriage licenses to exact same-sex couples as soon as the district court lifts its “stay.”

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About The John Marshall Law School

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The John Marshall Law School, founded in 1899, is an independent law college positioned in the heart of Chicagos legal, financial and industrial districts. Via classes, clinics and unique programs, students create the strategic, analytical and transactional lawyering skills that are so useful to employers. Its superb curriculum, coupled with outstanding abilities and experiential finding out, aid make John Marshall graduates practice-prepared from day a single. For practicing attorneys, John Marshall delivers nine LLM degrees, a lot more than any other law college in the Midwest. John Marshall is also a leader in supplying distance education alternatives in intellectual home, estate planning and employee benefits at the advanced graduate degree level. John Marshall provides six clinical experiences, such as the nationally recognized Veterans Legal Support Center &amp Clinic and the Fair Housing Legal Clinic. U.S. News &amp Planet Reports Americas Best Graduate Schools 2014 edition ranks John Marshalls Lawyering Abilities Plan second and its Intellectual House Law plan 12th in the nation.

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Thousands View John Marshall Law School Faculty Scholarly Works Employing New On-line Repository

(PRWEB) June 26, 2013

The outstanding scholarship of faculty at The John Marshall Law School in Chicago has been downloaded far more than 3,000 occasions given that it was made accessible via the new John Marshall institutional repository, hosted on the Digital Commons platform.

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Under the direction of Ramsey Donnell and Raizel Liebler, librarians in John Marshalls Louis L. Biro Law Library, the repository went on the internet in April 2013. Components can be accessed at http://repository.jmls.edu/

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More than 350 John Marshall faculty articles published in law journals across the country are offered in PDF type through the institutional repository hosted by bepress (Berkeley Electronic Press). Even though most articles are obtainable for full-text download, other people have citation information for easier access.

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Nowadays, Social Science Research Network (SSRN) is an quick way to search for faculty scholarship, but Donnell said the repository will give John Marshall faculty pieces a longer life since the functions can be more readily found employing Net searches.

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Digital Commons delivers to a different audience, even though it will perform in tandem with SSRN, which is very best at disseminating current scholarship within a discipline. Digital Commons provides works to an interdisciplinary audience, and gives researchers the opportunity to find older scholarship utilizing internet searches, Donnell mentioned.

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Donnell and Liebler worked with administrators and faculty to bring the repository to fruition. Faculty articles had been identified and downloaded pursuant to an arrangement with a industrial scholarship aggregator, and acceptable permissions were secured from the publishers to upload the content material to the repository.

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The Digital Commons project is getting expanded over the summer time months to incorporate landing pages for John Marshalls journals and access to their archival concerns. The John Marshall Law Assessment and the Journal of Info Technologies and Privacy Law (formerly the Journal of Computer and Details Law), will supply on the web access with the Fall 2013 problems. The John Marshall Evaluation of Intellectual Property Law has often been an on the web publication, and its archives as well will be uploaded to the repository. The John Marshall journals will preserve their independent websites.

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Collectively with those projects, Donnell and Liebler are functioning with faculty to expand the attain of faculty law evaluation articles.

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The Best ten most downloaded articles demonstrate the breadth of John Marshall faculty scholarship:

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HUD Grant Makes it possible for Chicagos John Marshall Law School to Continue Its Work on Educating Home owners and Lenders on Predatory Property Lending and Property Preservation

(PRWEB) June 27, 2012

A $ 97,133 grant from the U.S. Division of Housing and Urban Improvement is enabling The John Marshall Law College in Chicago to continue its Fair Lending/Property Preservation Project that trains students, attorneys and lenders on the rights of homeowners beneath the Fair Housing Act. The funding is extending the project for a 10th year.

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A system education John Marshall Law School students about predatory lending will be able to continue into its 10th year thanks to extended funding from the U.S. Department of Housing and Urban Development (HUD).

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The plan created and managed by The John Marshall Law College Fair Housing Legal Assistance Center works with law students and regional housing assistance organizations to give data that might help home owners avoid the pitfalls by way of the protection afforded them beneath the Fair Housing Act.

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The newest HUD grant of $ 97,133 was announced May 17, 2012, said Professor Michael Seng, co-director of the Center.

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It is unfortunate that the problems of predatory lending havent lessened, but by means of our program we are instruction students to be knowledgeable advocates for these who uncover themselves taken benefit of, Seng stated. Obtaining the continued assistance of HUD, as nicely as the City of Chicago and the Department of Community Improvement is producing a distinction for our students, and in turn those who want legal suggestions.

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Seng established a predatory lending system in 2003 in conjunction with Higher Southwest Neighborhood Development when its leaders saw an uptick of poor loans being written for Chicagos Southwest neighborhood housing. Numerous residents located themselves in default, and the development leaders asked Seng for assistance.

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From that 1st initiative, Seng created a Predatory Residence Lending Law class in 2003 for John Marshall students. Considering that then more than 225 students have taken the class to find out the legal ramifications of the predatory lending concern and operate on neighborhood outreach.

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The program continued to develop and today, as the Fair Lending/Property Preservation Project, it includes the classroom component and hands-on training for students so they can determine predatory lending issues. The students function to aid with loan modification applications, help counselors with reviewing modification packages, and inform homeowners of cost-free solutions accessible by means of counseling agencies. Students review home owners economic and house documents alongside housing counselors.

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The HUD grant is enabling John Marshall to:&#13