ILLLINOIS STATE BAR ASSOCIATION

LAW-RELATED EDUCATION NEWSLETTER

April/May 2006

Statements, expressions of opinion or comments appearing herein are those of the editors or contributors, and not necessarily those of the Association or Committee.

2006 ILLINOIS STATE BAR ASSOCIATION

HIGH SCHOOL MOCK TRIAL INVITATIONAL

Congratulations and thank you to everyone who made the 2006 Illinois State Bar Association High School Mock Trial Invitational a success.

We are pleased to announce the top eight scoring teams this year, in alphabetical order:

Boylan Catholic High School, Rockford

Evanston Township High School, Evanston

Glenbard East High School, Lombard

Glenbard South High School, Glen Ellyn

Hinsdale Central High School, Hinsdale

Timothy Christian High School, Elmhurst

Wheaton Academy, Wheaton

York High School, Elmhurst

Of those schools, three were awarded for exceptional performances:

1^st Place, Timothy Christian High School

2^nd Place, Glenbard South High School

3^rd Place, Boylan Catholic High School

Taking 1^st place in the written portion of the event, with the highest team average on the Law Exam, was Boylan Catholic High School.

The following schools participated this year:

Antioch High School, Antioch

Bartlett High School, Bartlett

Boylan Catholic High School, Rockford

Carmel Catholic High School, Mundelein

Chatham Glenwood High School, Chatham

Chicago Christian High School, Palos Heights

DeLaSalle Institute, Chicago

Evanston Township High School, Evanston

Fenwick High School, Oak Park

Glenbard East High School, Lombard

Glenbard South High School, Glen Ellyn

Glenbrook South High School, Glenview

Highland Park High School, Highland Park

Hinsdale Central High School, Hinsdale

Hinsdale South High School, Darien

Homewood-Flossmoor High School, Flossmoor

Hubbard High School, Chicago

Huntley High School, Huntley

Illiana Christian High School, Lansing

H.D. Jacobs, Algonquin

Joliet Catholic Academy, Joliet

Joliet Central High School, Joliet

Larkin High School, Elgin

Lexington High School, Lexington

Libertyville High School, Libertyville

Maine East High School, Park Ridge

Maine South High School, Park Ridge

Maine West High School, Des Plaines

Meridian High School, Mounds

Mt. Carmel High School, Chicago

Mt. Vernon High School, Mt. Vernon

Mundelein High School, Mundelein

Noble Street Charter High School, Chicago

Normal Community High School, Normal

Normal Community West High School, Normal

Oak Park/River Forest, Oak Park

O'Fallon High School, O'Fallon

Providence Catholic, New Lenox

Providence-St. Mel, Chicago

Sacred Heart Griffin, Springfield

St. Charles East High School, St. Charles

St. Charles North High School, St. Charles

Salem Community High School, Salem

Springfield High School, Springfield

Timothy Christian High School, Elmhurst

Wheaton Academy, West Chicago

Willowbrook High School, Villa Park

York High School, Elmhurst

Zion-Benton High School, Zion

We would be remiss if we did not extend our appreciation to the extensive list of volunteer judges, lawyers and paralegals who volunteered to assist with the administration of this program:

Aaron Wickenhauser, Pekin Aimee Roper, East Peoria

Alex de Saint Phalle, Springfield Ari Fisz, Chicago

Arthur Greenberg, Eureka Arthur Inman, Peoria

Benjamin Brown, Springfield Charles Watson, Springfield

Christina Kwon, Springfield Christine Zeman, Springfield

Dale Schempp, Springfield Dan Fultz, Springfield

Dennis A. Rendleman, Springfield Douglas Jarman, Hillsboro

Eric Madiar, Springfield Eugene Friedman, Chicago

Hon. Thomas Appleton, Springfield Howard Peters, Springfield

James Murphy, Peoria Jay Barr, Decatur

Jody Malmstrom, Aurora John Keith, Springfield

Keleigh Biggins, Springfield Kelli Hillis, Springfield

Lee Beneze, Springfield Lyndsay Dudgeon, Decatur

Lynn Palmgren, Springfield Marilyn Gatschenberger

Mark Thielen, Springfield Mary Albert-Fritz, Brighton

Michael Robinson, Springfield Michelle Anderson, Springfield

Michelle Coady, Taylorville Nancy Martin, Springfield

Pablo Eves, Bloomington Patrick Smith, Springfield

Peter Manuele, Springfield Randy Cox, Springfield

Richard Wray, Springfield Robert Neiner, Morton

Roland Cross, Springfield Sean Liles, Chatham

Sean O'Brien, Springfield Stephen D. Iden, Springfield

William Brown, Springfield William LaMarca, Springfield

Standing Committee on Law-Related Education for the Public, the group who makes this event possible each year:

Mary Milano, Chair Zeophus Williams, Vice-Chair

Thomas Carlisle, Secretary Jay Reece, Ex-Officio

Hon. Harris Agnew David Anders

Kimberly Anderson Rex Brown

Kelli Childress Politte Hon. John Coady

Lauren DeJong Mary Doherty

Sheila Fahey-Wallenius Gail Friedman

Camela Gardner Carl Gilmore

Yvonne Kato O'Connor Marylou Kent

Frank Kopecky Ann Pictor

Anthony Rothert Kelli Smith

Mark Hassikis, ISBA Board of Governors Liaison

And last, but certainly not least, the ISBA staff who work hard all year to help make this happen:

Tracy Potter, ISBA Staff Melinda J. Bentley, ISBA Staff

Selina Thomas, ISBA Staff Paula Magdich, ISBA Staff

Mary T. McDermott, ISBA Staff Donna Schechter, ISBA Staff

And a special thanks to James Caruso who helps us administer and score the Law Exam each year!

A number of students received special recognition for outstanding performance as a mock trial witness and/or a mock trial attorney:

Outstanding Attorney Awards:

Antioch High School Branka Cimesa

Boylan Catholic High School, Laura Benson

Chicago Christian High School, Dawn Bulthius

DeLaSalle High School, Michael Castillo

DeLaSalle High School, Wilfredo Galarza

Evanston Township High School, Michael Spitulnik

Evanston Township High School, Ron Williams

Fenwick High School, Atina D'Souza

Glenbard East High School, Melissa Solis

Glenbard East High School, Molly Lynch

Glenbard South High School, Amarto Bhattacharyya

Glenbard South High School, Katie Kosartes

H.D. Jacobs High School, Jason Dittmann

Highland Park High School, Josh Levin

Hinsdale Central High School, J.D. Bryant

Homewood-Flossmoor High School, Kelli Pointer

Hubbard High School, Evelyn Pyrek

Hubbard High School, Janette Palos

Hubbard High School, Matthew Palmer

Larkin High School, Samon Siddique

Libertyville High School, Amanda Muskat

Maine East High School, Lamise Shawahin

Maine South High School, Amy Johnson

Maine South High School, Rebecca Christopher

Mt. Carmel High School, Christopher Owoyemi

Mt. Carmel High School, John Chapman

Mundelein High School, Mallory Lemme

Noble Charter High School, Dionne Gomez

Normal West High School, Meredith Crews

O'Fallon High School, Lori Witherspoon

Oak Park/River Forest High School, Christopher Barlow

Providence Catholic High School, Stephanie Nugent

Providence St. Mel High School, Tiffany Scott

Salem Community High School, Katie Greer

Springfield High School, Cordelia Moore

St. Charles East High School, Nick Rubino (awarded in both trials)

St. Charles North High School, Heather Kopec

St. Charles North High School, Michal Gawlik

Timothy Christian High School, Alyssa Van Staalduinen

Timothy Christian High School, Caroline Christman

Wheaton Academy, Juliana Wilhoit

Wheaton Academy, Libby Baker

York High School, Jacob Wolff

Zion-Benton Township High School, Yvonne Batac (awarded in both trials)

Outstanding Witness Awards:

Bartlett High School, Joshua Curtis

Bartlett High School, Nirav Patel

Bartlett High School, Sophia Leo

Boylan Catholic High School, Amanda Kamar

Carmel Catholic High School, Joe Novak

Chicago Christian High School, Jake Boss

Evanston Township High School Adam Spitulnik

Evanston Township High School, Veronica Mendoza

Fenwick High School, Michael-Patrick Bagnowski

Glenbard East High School, Mike Jaroski

Glenbard East High School, Kaitlyn Drew

Glenbard South High School, Ben Miller

Glenbard South High School, Kate Ledwidge

H.D. Jacobs High School, Edmond Helaire

Highland Park High School, Katie Wynbrandt

Hinsdale Central High School, Dan Jaugey

Homewood-Flossmoor High School, Wayne White

Hubbard High School, Vince Hernandez

Illiana Christian High School, Kyle Reid

Joliet Central High School, Norma Gutierrez

Larkin High School, Jorge Martinez

Maine South High School, Elizabeth Kossner

Mt. Carmel High School, Christopher McDonald

Mundelein High School, Alex Bowman

Normal Community, Kurt Olsen

Normal West High School, Josh Kolbus

O'Fallon High School, Caroline Kionka

Oak Park/River Forest High School, Rebecca Bloch

Providence Catholic, Lauren DeCeault

Providence St. Mel High School, Cheryl Goss

Providence St. Mel High School, Feneishia Hill

Sacred Heart-Griffin High School, Tom Kennedy

Salem Community High School Jacob Baldridge

Springfield High School, Michael Evans

St. Charles East High School, Jake Gossman

St. Charles East High School, Michael Mullen

St. Charles North High School, Samantha Resser

St. Charles North High School, Stephanie Kos

Timothy Christian High School, Laura Roose

Wheaton Academy, Brittany Zielske

Wheaton Academy, Juliana Wilhoit

Willowbrook High School, Liz Bucko

Willowbrook High School, Nicole Spizziri

York High School, Dan Neubauer

York High School, Samir Zaffer

Again, thank you to everyone who participated!

Timothy Christian High School Earns Third Place in National Tournament After Earning Sixth State Title in March

Finishing higher than any Illinois team in Mock Trial national competition history, Timothy's Mock Trial team finished third in the nation last Saturday in Oklahoma City. Earlier in March Timothy earned its sixth state title in the last nine years of competition.

The team competed four times, defeating Maine, Nevada, Florida and South Carolina. There were three undefeated teams—Illinois, Michigan and Iowa—with Michigan and Iowa compiling more overall points to reach the finals. The case before all teams was a rodeo murder where a bucking bronco rider is thrown from her horse and dies. A rival rider is charged with murder for sabotaging her rein.

Mock Trial is an activity in which teams of student lawyers and witnesses prepare and try a court case against teams from other schools. The experience combines elements of debate, speech, and theater in combination with critical thinking skills and knowledge of law. The presiding judge is either a trial judge or a practicing attorney. The teams are scored by a panel of three attorneys. Since there is no class system as there is in high school athletics, Timothy—a high school of 420 students--regularly competes with larger schools. Nationally, about 10,000 schools take part in Mock Trial.

Timothy's strong history of success in Mock Trial competition includes first place finishes in 1998, 2000, 2002, 2003, 2004, and 2006; and second place finishes in 1993, 1997, and 1999. In 1998 they finished fourth in the National Tournament.

Timothy's Mock Trial coach and mentor is Scott Roelofs, aided by attorneys Kirsten Hauser and Cathy MacNeil Stein. In addition, ISBA LRE Committee member Kelli Smith attended the National Mock Trials to represent ISBA and Illinois.

Students at Timothy Christian said that they were able to meet and interact with students from all over the country and even the world (Guam and South Korea), and they were able to take time to visit the memorial of the Oklahoma City bombing.

Senior Carly Cristman said, "Mock trial has been the greatest experience of my life. Not only did it provide me with my best friends, but also my future. I have decided to pursue law as a career."

Senior Alyssa Van Staalduinen said, "Mock trials taught me about the law, gave me confidence in public speaking, and improved my critical thinking skills."

And, Scott Roelofs, the very proud teacher/coach expressed his feelings on the mock trial experience by stating, "it is gratifying to see kids set a goal, work so very hard to achieve it, and then be rewarded."

Timothy's Mock Trial students come from a variety of communities:

Seniors: Rebecca Haltom (Hinsdale), Caroline Cristman (Downers Grove), Raul Tamez (Elmhurst), Alyssa Van Staalduinen (Oak Brook)

Juniors: Aaron Michnowski (Elmhurst), Ben Schemper (Oak Park), Jorie Ellens (Hinsdale), Jon Kumar (Elmhurst), Peter Hegel (Hinsdale), Laura Roose (Downers Grove), Maria Post (Oak Park)

Sophomores: Heather Hooker (Elmhurst), James Van Den Berg (Lombard)

Freshmen: Corey Van Dyk (Elmhurst), Dan Denby (Westmont), Thomas Huiner (Winfield), Amanda Rychtanek (Oak Brook)

For more information on the National High School Mock Trial Championships, visit their website at www.nationalmocktrial.org

2007 ISBA High School Mock Trial Invitational Announced

The 2007 ISBA High School Mock Trial Invitational will be held in Springfield at the University of Illinois Campus on Friday and Saturday, March 2 and 3, 2007. Mark your calendars! We hope to see everyone there.

Remember, space is limited to the first 60 registrations received. Watch the ISBA's LRE Website for additional information. We anticipate releasing the mock trial problem materials between late September and early November.

The Illinois State Bar Association's annual High School Mock Trial Invitational began in 1982 and since that time has provided an opportunity for students to learn what is it like to prepare and present a legal case before the Illinois Courts.

Students who have participated in the mock trial program in the past say that they have benefited by learning how to work as a team, by developing oral presentation skills, the value of setting a goals and planning, learning how to think on their feet, and to face challenging obstacles with enthusiasm and confidence. Mock trials can be a distinctive way to learn about the legal process used to remedy disputes in Illinois.

The majority of the educational component of the mock trial experience is in the hands of the teachers, lawyers and judges who assist in preparing the teams for the mock trial experience. It is up to these teachers and legal professionals to prepare the students for the mock trial experience. The mock trial presentations in Springfield are one component of this activity and are a means to "showcase" team achievement. The goals of the program are to provide an opportunity for students to learn, and to meet with others to show what has been learned.

GOALS OF THE HIGH SCHOOL MOCK TRIAL INVITATIONAL

· To increase student understanding of the American judicial system.

· To familiarize students with the law, courtroom procedures, and the legal system.

· To build bridges of cooperation and respect between the community and the legal profession.

· To improve skills like listening, speaking, writing, reading, analyzing, and working as a team.

· To learn the meaning of good citizenship through involvement in our system of law and justice.

· To develop team spirit, establish goals, and work toward a common goal.

Schools may have as many teams as they like, but may only officially register one team. Rules of the program mandate that any participant who officially registers must first participate in a regional or practice trial against an opposing team. These rules, and others, are more fully explained in the materials you will receive if you indicate interest in this program.

The Illinois State Bar Association's Standing Committee on Law-Related Education for the Public administers this activity and each year produces the materials that will be used during the trials. Cases are based on hypothetical fact situations, or may be based on historical events.

Past ISBA Mock Trial materials and the rules of procedures may be found on-line at http://www.isba.org/Sections/lawrelateded.asp

If you have questions, please feel free to contact Donna Schechter, Illinois State Bar Association, 424 South Second Street, Springfield, IL 62701. Toll-free in Illinois, 800/252-8908, 217/525-1760, fax: 217/525-9063. dschecht@isba.org

Points of Law For Classroom Discussions

Questions to consider:

Why are these laws important?

Who is protected?

What are appropriate penalties?

Is the infraction a civil or criminal issue?

Or, ask students to create specific scenarios on the issues and then discuss options for mediation or arbitration.

DEFAULTING ON CAR PAYMENTS CAN LEAD TO REPOSSESSION - Law controls procedures for auto repossession by a bank or other lending institution. In the majority of cases the law allows a bank to take your car, sell it, and if they don't get enough to cover the indebtedness, require you to pay the balance. The procedures are different, however, if you have paid 60% or more of the total amount owed. In this case, you may surrender the car to the bank and the bank has two choices: keep the car and release you from further financial obligation, or return the car to you and take legal action to recover the balance of what you owe on the car.

ALCOHOL AND DRIVING ARE A BAD LEGAL MIX - Everyone knows that drinking and driving don't mix. But a non-drinking driver may also be prosecuted if a passenger in the car is drinking alcoholic beverages. The charge is illegal transportation of liquor. The law requires that any alcoholic beverages transported in the passenger area of a motor vehicle must have the seal unbroken. Thus alcoholic beverages on which the seal is broken may only be transported in parts of a motor vehicle other than the passenger area. The trunk is one of these places, and since it is unlawful for passengers to ride in a trailer when the vehicle is underway, unsealed alcoholic beverages may also be transported there.

MOTORCYCLISTS HAVE RIGHTS, TOO - The operator of a motorcycle has the same right-of-way privileges as the driver of any other motor vehicle. In addition to a motorcyclist's legal rights, common sense dictates special care when a two-wheel vehicle is encountered on the road. Motorcycle operators are entitled to use the full width of a traffic lane. If you are driving an automobile, you should not attempt to pass in the same lane a motorcycle is using, nor should you come to a stop beside a cycle in the same lane. When following a motorcycle, you should allow at least the same distance as when following any other vehicle, and be prepared to stop quickly if a cyclist has any difficulty.

PET OWNERSHIP RESPONSIBILITIES - If you own a pet, or are thinking about getting one, there are certain duties you owe to your animal. In Illinois, pet owners must provide for each of their animals sufficient quantities of good quality, wholesome food and water; adequate shelter and protection from the weather; veterinary care when needed to prevent suffering; and humane care and treatment. Owners are prohibited by law from beating, cruelly treating, tormenting, starving or overworking or otherwise abusing their animals. No owner may abandon any animal where it may become a public charge or may suffer injury, hunger or exposure.

NEW LICENSES FOR ILLINOIS DRIVERS UNDER 21. - A new law in Illinois provides that all driver's licenses, identification cards, and commercial drivers licenses issued after January 1, 2005 will reflect a significant change. While the information provided remains virtually the same, the cards are now a vertical design, with a blue pattern across much of the front of the card. The cards will also indicated on what date the holder will reach 18 and 21 years of age. This change is meant to make it more difficult to alter an existing under 21 card to make it look like a card issued to a person over 21. The change also makes it easier for those checking identification to determine that the holder is underage. This is a step meant to prevent underage drinking and to reduce drivers license and/or identification fraud.

SLANDER AND LIBEL, WHAT'S THE DIFFERENCE - Laws have been on the books in Illinois since the 1870's to protect the public from potential harm from false, malicious statements made by others either through spoken or written words. Slander and Libel, the two words that are used to define these malicious statements, are often confused. Slander is a spoken communication containing false statements that may injure a person's reputation. Libel is the false publication, through writing, print, signs, or pictures that damage a person's reputation. It is not sufficient to find that the statements are untrue; in order to prove slander or libel, it must be found that the statements were made with malicious intent.

STOP LOOK AND LISTEN AT ALL RAILROAD CROSSINGS - When you approach a railroad crossing you must stop within 50 ft. to 15 ft. if there is a posted STOP sign, the signal is flashing or the crossing gate is lowered. You must stop if a flag person signals you to stop or a train is approaching and gives a warning. If a railroad crossing has no warning devices, it is the driver's responsibility to slow down, look and listen for a train before proceeding. Drivers violating these provisions are subject to a $500 fine or 50 hours of community service. There are certain vehicles that must stop at almost all railroad crossings. These are second division vehicles carrying people for hire, school buses, and vehicles carrying hazardous materials. To avoid stalling, drivers should avoid changing gears while crossing the track. And, never enter into the crossing area unless you are absolutely sure you will have clearance to exit the area.

HANDICAPPED PARKING PROVIDES ACCESS - Parking in handicapped parking spaces without a permit is a violation of state law and may result in ticketing and/or towing. These spaces are provided by state law to assist those who are unable to walk or have other health restrictions have access to a range of public and private businesses. Handicapped parking spaces should be marked with a sign that indicates the fine for those parking in these spaces without appropriate authority to do so. You may receive a ticket if you are not parked in the space, but your parked car crosses the line and enters or obstructs the reserved area. Any person in violation of the handicapped parking privileges are subject to a fine and may also be charged costs in connection with the removal and/or storage of their vehicle if it is towed from the space.

IF IT SOUNDS TOO GOOD TO BE TRUE, IT PROBABLY IS--PYRAMID SCHEMES - Pyramid scheme often seem harmless, but they can be a costly adventure for participants. These schemes have individuals recruit others to invest in the pyramid. As long as new individuals are recruited, money continues to accumulate, leading to the erroneous conclusion that participants will become rich. Unfortunately, these schemes don't work. The pyramid always collapses, leaving the participants, sometimes thousands, unhappy and out all of the money they thought they had invested in the scheme. Thousands of dollars have been lost by far too many people in Illinois.
Pyramid schemes are illegal. If somebody asks you to "gift" money to perfect strangers on the condition that you recruit additional individuals, think twice. It is illegal. You will lose your money. Contact your local police department or the Illinois Attorney General.

SHOPLIFTING IS A SERIOUS CRIME - Each year thousands of people yield to the temptation to shoplift and each year thousands of people are arrested for it. By law, it is considered shoplifting when a person takes merchandise without paying for it or when a person alters or switches a price tag on merchandise. Depending on the offender's prior record, a conviction for shoplifting can mean a jail sentence up to five years and a fine of $10,000. In addition, a merchant can sue the shoplifter to recover the full value of the stolen goods, attorneys' fees, and court costs.

BAD CHECKS CAN BOUNCE YOU INTO COURT - In Illinois a person intentionally issuing a check, knowing that it will not be paid, is guilty of deceptive practice. A first time offender issuing a bad check under $150 may be charged with a Class-A misdemeanor.

A second time offender or one who issues a check for more than $150 may be charged with a Class-4 felony. Both charges carry possible jail sentences and fine if the person is found guilty. Additionally, the receiver of a bad check also has the right to sue the offender. So writing bad checks not only can lead to criminal liability, but to civil liability as well.

TELEMARKETERS - It seems to be a part of every day life...you sit down to dinner, or to watch television with the family and the telephone rings. Too often, it seems that the caller is a telemarketer. These calls are unsolicited, time consuming and often frustrating. You should be aware that both Illinois and Federal laws prohibit telephone solicitations before 8 a.m. or after 9 p.m. Telemarketers are also required to identify themselves with their name, the company they represent and a phone number at which their company man be reached. You should know that you have the right to ask any telemarketer to put you on a do-not-call list if you do not want them to contact you again.

Summer Reading Suggestions

Too young to read: Books should be read to these children

or Grades 1 and 2

*Make Way for Ducklings, McCluskey - (Police officer in positive role, assisting a family of ducks as they relocate in downtown Boston)

*The Gardener, Sarah Stewart - (Read about the impact one person can make)

*Officer Buckle and Gloria, Peggy Rathmann - (A police officer visits schools with his dog Gloria, to talk about safety. Gloria makes it fun!)

Grades 3 through 5

*Turn of the Century, by Ellen B. Jackson - (Introduces a child living in Great Britain at the beginning of each century between 1000AD and 1600, and in America beginning in 1700)

*Across Five Aprils, by Irene Hunt (Newbery Award. A young boy is left to take care of the family farm in Illinois during the Civil War.)

*Eleanor , Barbara Cooney - (Many children will identify with the childhood of one of the First Ladies of the United States, Eleanor Roosevelt)

Grades 6 through 8

*Why do they Hate Me? Young Lives Caught in War and Conflict

by Laurel Holliday - (Three children speak about growing up during three different historical backdrops...the Holocaust, Northern Ireland and Israel & Palestine.

*Holes, by Louis Sachar - (Young adult is sent to a juvenile detention center for a crime he did not commit, and part of the sentence is to dig holes, big ones. Justice?)

Grades 9 through 12

*To Kill a Mockingbird, by Harper Lee - (Small town lawyer combats prejudice and raises two young children on his own)

*Daughter of Time, by Josephine Tey - (Classic mystery. Inspector Grant is in the hospital and still manages to research the mystery of the Princes in the Tower and Richard III)

*Anne Frank, the Diary of a Young Girl, by Anne Frank, et al.

*Lord of the Flies, by William Golding

For additional law-related books, visit the ISBA's LRE website, http://www.isba.org/Sections/booklist.pdf

CLASSROOM ACTIVITY - THE BILL OF RIGHTS

The Bill of Rights was added to the U.S. Constitution in ten amendments in 1791. The rights and liberties we deem important are found primarily in the Bill of Rights, the 13th, 14th and 15th Amendments enacted after the Civil War, and the several amendments expanding the right to vote. It has been said that there are 26 rights protected by the Constitution.

James Madison, who later became the fourth President of the United States, is generally regarded as the Father of the Bill of Rights. When the Constitution was adopted in 1787 and sent to the states for approval it did not contain a Bill of Rights. Many people felt that the lack of a Bill of Rights was a major mistake; in fact, opposition to the Constitution was so strong that it went into effect only with the promise that it would be amended to include a Bill of Rights. James Madison, a Congressman at the time, wrote the Bill of Rights and provided the leadership in Congress to pass the document. Virginia became the eleventh state to ratify the Bill of Rights on December 15, 1791. On that date the Bill of Rights became effective and that is the date which is officially set aside for celebrating the Bicentennial of the Bill of Rights.

Ten of the provisions found in the Bill of Rights are listed below. Pretend that a major political movement known as the Magnificent Seven Movement has somehow become extremely popular. They believe that everything must be in multiples of seven. If you can you only keep seven of the rights listed, which three would you give up?

Keep Give Up

______ Freedom of religion ______

______ Right to an attorney ______

______ Freedom of speech, association ______

______ Right to bear arms ______

______ Freedom from cruel and unusual punishment ______

______ Right to remain silent ______

______ No quartering of troops in homes ______

______ Right to a jury trial ______

______ Freedom from unreasonable searches ______

______ Right to assemble & petition the government ______

Are there other more important rights which you feel should be listed?

Prepared by Frank Kopecky, University of Illinois at Springfield, and member, Illinois State Bar Association Committee on Law-Related Education for the Public.

INTELLIGENT DESIGN?

If you've been reading, listening to or watching the news you are aware of a public debate on the First Amendment and the separation of church and state. There are a number of resources available to teachers who want to bring these discussions to their social studies, government, history or law classes.

U.S. Constitution: First Amendment provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

On December 20, 2005, the U.S. District Court for the Middle District of Pennsylvania issued its Memorandum Opinion in the case of Tammy Kitzmiller, et al., v. Dover Area School District, et al. (Case No. 04cv2688). http://www.pamd.uscourts.gov/kitzmiller/kitzmiller_342.pdf

The case addresses an action taken with regard to Intelligent Design (ID) by the Dover Area School Board of Directors, which was passed by a School Board vote of 6-3. Their resolution stated that "Students will be made aware of gaps/problems in Darwin's theory and other theories of evolution including, but not limited to, intelligent design. Note: Origins of Life is not taught."

The District Court held that "the ID Policy is unconstitutional pursuant to the Establishment Clause of the First Amendment of the United States Constitution and Art. I, § 3 of the Pennsylvania Constitution. (Slip opinion, Page 3.)

The Constitutional Rights Foundation has an excellent discussion of the issue of "Separating Church and State" at http://www.crf-usa.org/bria/bria13_4.htm.

This discussion is from the CRF's "Bill of Rights in Action" publication, dated Fall 1997 (13:4).

The Public Broadcasting System (PBS) has a lesson plan available at http://www.pbs.org/flashpointsusa/20040127/educators/

The lesson plan is titled "Church and State Separation: The Challenge and the Debate," and is appropriate for grades 10-12.

Also available through the PBS Website, at http://www.pbs.org/wnet/religionandethics/lp_faith.html is a lesson plan titled "Faith-Based Initiatives: Separation of Church and State," appropriate for middle school students.

For an extensive discussion of these issues, and more, you may look to President Jimmy Carter's book titled "Our Endangered Values: America's Moral Crisis," Simon & Schuster (November 1, 2005) ISBN 0743284577. Reviews of the book are available at Amazon.com

http://www.amazon.com/gp/product/0743284577/qid=1135193445/sr=8-1/ref=pd_bbs_1/103-8707574-1746213?n=507846&s=books&v=glance

If you visit http://caselaw.lp.findlaw.com/data/constitution/amendment01/ you'll find annotations for the 1^st Amendment that include discussions of original intent by the founding fathers.

For definitions of "religion," visit:

http://www.webster.com/dictionary/religion

http://www.britannica.com/ebc/article-9376705?query=religion&ct=

http://www.google.com/search?hl=en&lr=&oi=defmore&defl=en&q=define:religion

Members of the 2005-2006 Standing Committee on

Law-Related Education for the Public

Mary L Milano, Chair Zeophus J Williams, Vice-Chair

Thomas J Carlisle, Secretary Jay D Reece, Ex Officio

Hon Harris H Agnew David L Anders

Kimberly J Anderson Rex L Brown

Kelli M Childress Politte Hon John P Coady

Lauren E DeJong Mary E Doherty

Sheila Fahey-Wallenius Gail T Friedman

Camela A Gardner Carl W Gilmore

Yvonne M Kato Marylou L Kent

Frank J Kopecky Ann M Pictor

Anthony E Rothert Kelli M Smith

Mark D Hassakis, Board Liaison

Melinda Bentley, Staff Liaison

Donna Schechter, Staff Liaison & Mock Trial Coordinator

We hope you find this Newsletter helpful

and interesting.

Please feel free to forward it along to others

who may be interested.

Thank you.

Illinois State Bar Association

424 South Second Street, Springfield, IL 62701

800.252.8908 217.525.1760 Fax: 217.525.0712

www.isba.org