Section Newsletters

Articles From 1999

Minutes of division council meeting Young Lawyers Division, January 1999 Valerie Perera discussed the Bridge the Gap Program with the council. Ritchie addressed the importance of the YLD Council in attending the Bridge the Gap Program and afterward answering questions of the admittees.
Minutes of recent section council meetings Administrative Law, May 1999 The court gave short shrift to the defendants' final two arguments. First, Harrison sought injunctive relief (reinstatement), and the defendants claimed that the 11th Amendment to the U.S.
Minutes of section council meeting Agricultural Law, May 1999 The regular meeting of the Illinois State Bar Association's Agricultural Law Section Council was held January 16, 1999, at the Department of Agriculture's office building on the State Fairgrounds.
Minutes of section council meeting Labor and Employment Law, February 1999 The Midyear Meeting of the ISBA Labor and Employment Law Section Council was called to order at 4:30 p.m. at the Sheraton Hotel in Chicago by Mr. David Krchak, chair. The following members were present:
Minutes of section council meeting Corporate Law Departments, February 1999 The council has agreed to do nothing until the Illinois Supreme Court rules on pending retaliatory discharge cases. 
Minutes of section council meeting By Michael F. O’Brien Human and Civil Rights, February 1999 The meeting of the ISBA Human Rights Section Council was called to order by the Chair, Iain D. Johnston, at 9:45 a.m. on December 12, 1998, at the Sheraton Chicago Hotel & Towers Ontario Room.
Mistakes of practitioners in estate planning By Richard P. Miller Trusts and Estates, September 1999 A. The description of a specific bequest must be clear as to what property and to whom it should be distributed.
Modification of custody within two years after Davis By Scott C. Colky Family Law, March 1999 On October 21, 1998, a new client comes into your office and tells you that 14 months ago he and his ex-wife entered into a joint parenting agreement.
Mortgage banking in Mexico By L. Cordell McCarrey International and Immigration Law, April 1999 The potential of the Mexico mortgage market is vast for those who can navigate through its uncharted and untapped waters.
Mortgagors purchasing from foreclosing lenders get green light to stop junior lien holders By Gregory A. Thorpe Real Estate Law, March 1999 The Illinois Appellate Court recently decided the case of BCGS, L.L.C., Assignee of Residential Financial Corporation v. Jaster, 299 Ill. App. 3d 208, 700 N.E. 2d 1075, 233 Ill. Dec. 367 (2d Dist. 1998).
Mutual drains: rights and responsibilities By James D. Cottrell Agricultural Law, November 1999 From time to time, practitioners in the agricultural field may be asked by clients to advise them on their rights and responsibilities with regard to drainage facilities which traverse their property or properties owned by any number of other individuals.
Naming a trust as beneficiary of an IRA By Douglas J. March Trusts and Estates, May 1999 The advantages of naming a spouse as beneficiary of an IRA are fairly well known.
National Aging and Vulnerable Adult Clearinghouse opens Elder Law, November 1999 The Wisconsin Coalition Against Domestic Violence (WCADV) has announced that is has opened the National Aging and Vulnerable Adults Clearinghouse (NAVAC) with funding from the U.S. Department of Justice's Violence Against Women Office.
National Association of Legal Services Developers takes position on OAA reauthorization at annual meeting in Nashville By Richard Ingham Elder Law, April 1999 The National Association of Legal Services Developers (NALSD) will hold its Sixth Annual Symposium in Boulder, Colorado, in mid-April.
Native American tribe insignia under study Intellectual Property, June 1999 Federal law requires the Patent and Trademark Office to study a variety of issues surrounding trademark protection for official insignia of federally and state recognized Native American tribes.
The need to regulate assisted living facilities By Lionel Brazen Elder Law, April 1999 As our population ages, there is a growing need for "assisted living" facilities. "Assisted living facility" is loosely defined as a facility for senior citizens somewhere between their own home and a full nursing facility.
New end-of-life laws from other states Elder Law, November 1999 Here is some legislation concerning end-of-life decisions that was recently passed in various states.
New judicial education programs for judges hearing truck accident/DUI cases Bench and Bar, July 1999 The National Judicial College, in Reno, Nevada, prepared the press release below, which has been slightly edited.
New Maquila Decree By Sergio Yarritu International and Immigration Law, June 1999 Recently, the Mexican government enacted amendments to the law governing the establishment and operation of maquiladoras.
New proportionate share regulations By Jennifer M. Martin Mineral Law, April 1999 The recent adoption of regulations which affect significant changes to the liability provisions of the Illinois Environmental Protection Act ("Act") (415 ILCS 5/1 et seq.) may impact well owners and operators' liability or releases of oil and/or production fluids.
New publication Administrative Law, May 1999 An experienced Chicago administrative law practitioner has gone into the publishing business.
New Rule 23(f) of the Federal Rules of Civil Procedure makes class action certifications immediately appealable By Michael Todd Scott Corporate Law Departments, August 1999 In June of 1997, the Standing Committee on Rules of Practice and Procedure approved a recommendation from its Advisory Committee on Civil Rules to amend Rule 23 of the Federal Rules of Civil Procedure to add section 23(f) which authorized the interlocutory appeal of class action certification rulings. 
New supreme court committee Bench and Bar, May 1999 On April 6, 1999, the Illinois Supreme Court created the Special Supreme Court Committee on Capital Cases (M.R. 15833) "to study the trial and sentencing processes in capital cases in Illinois, including the respective functions of the prosecution, defense counsel, and the judiciary.
Newsletter editor’s corner General Practice, Solo, and Small Firm, October 1999 Congratulations to Chris Freese, Vice-Chair of General Practice, Solo and Small Firm Section Council.
Newsletter editors’ corner By John T. Phipps General Practice, Solo, and Small Firm, August 1999 This issue of the General Practice, Solo and Small Firm Section newsletter contains three articles relating to representing clients with licensing problems
No cause of action exists under the Consumer Fraud Act against an attorney for charging excessive fees for legal services By Angela Imbierowicz General Practice, Solo, and Small Firm, March 1999 The lllinois Supreme Court has held that the Consumer Fraud Act does not apply to a claim against an attorney for charging excessive fees.
No gun, no work By Douglas A. Darch Human and Civil Rights, October 1999 In a twist on the slogan made popular by the TV show Paladin "Have Gun, Will Travel," the Indianapolis Police Department terminated a police officer with more than 25 years of service because he was barred by a federal statute from carrying a gun.
No lien on employee’s legal malpractice recovery By Bernard Wysocki & Diane B. Curtis General Practice, Solo, and Small Firm, March 1999 The appellate court held that employer was not entitled to a §5(b) lien against proceeds of an employee's suit against his attorney for failure to file a third-party action.
No right to partition minerals without complete severance of minerals from surface By Mike Drone Agricultural Law, November 1999 Due to the long history of coal and oil production in Southern Illinois, when examining land titles in this part of the State it is common to find that all or some of the mineral rights have been severed from the surface rights.
Nondelegation doctrine makes comeback By Douglas A. Darch Human and Civil Rights, August 1999 The Court of Appeals for the D.C. Circuit recently had the opportunity to dust off one of those little used and often forgotten constitutional law principles. In American Trucking Associations v. U.S. E.P.A., 175 F.3d 1027 (D.C. Cir. 1999), the court of appeals struck down several national ambient air quality standards issued by the Environmental Protection Agency ("EPA").