Section Newsletters

Articles From 2000

U.S. Supreme Court holds police cannot use road blocks to obtain evidence of ordinary criminal wrongdoing By John T. Phipps General Practice, Solo, and Small Firm, December 2000 In City of Indianapolis v. Edmond, 2000 WL 1740936, affirmed, the U. S. Supreme Court held that an Indianapolis road-block program was unconstitutional because it violated the Fourth Amendment prohibition against unreasonable searches and seizures.
The U.S. Supreme Court rules that “bare-boned” anonymous tips are insufficient to justify a Terry stop and frisk By Michele M. Jochner General Practice, Solo, and Small Firm, May 2000 Over the last decade, law enforcement authorities have had little occasion to criticize the Fourth Amendment jurisprudence of the United States Supreme Court, as the Justices have regularly given police officers increased latitude to conduct searches, particularly in cases involving automobiles or narcotics.
U.S. Supreme Court rules that blanket primary elections are unconstitutional By Michael Todd Scott Corporate Law Departments, July 2000 In 1996, California votes adopted Proposition 198 which changed the State's partisan primary election from a "closed" primary to a "blanket" primary.
U.S. Supreme Court upholds Miranda warnings Corporate Law Departments, July 2000   In 1966 the Supreme Court published the landmark decision of Miranda v. Arizona, 384 U.S. 436, which required law enforcement officers to give certain warnings before a suspect's statement made during custodial interrogation could be admitted in evidence.
The U.S. Supreme Court weighs in on grandparent visitation in Troxel v. Granville By Michael K. Goldberg Family Law, October 2000 This past June, the U.S. Supreme Court waded through the murky waters of family law long enough to weigh in on the constitutional issues surrounding grandparent visitation.
Use of a tape-recorded voice sampling as a basis for an employment termination may violate the Employee Polygraph Protection Act By Anthony J. Jacob Young Lawyers Division, January 2000 Courts have consistently held that lie detector tests are unreliable to find whether a person is innocent or guilty of committing a crime or unauthorized act that would lead to the termination of the person's employment.
The use of the Fifth Amendment privilege against self-incrimination in domestic relations cases By Matthew A. Kirsh Family Law, March 2000 This article will not attempt to analyze the privilege against self-incrimination in all of its intricacies, but will hopefully provide a basic overview of when the invocation of the privilege is appropriate.
Using focus groups to prepare for trial By Jeffrey J. Kroll Tort Law, March 2000 A focus group is typically composed of twelve individuals who are brought together for two to four hours to watch a short presentation of the case and discuss the various issues raised.
Using public record searching to enhance due diligence By Carol L. Helfrich Business and Securities Law, April 2000 Understanding all aspects of a business, including potential liabilities, is the objective of due diligence investigation.
Using the undo feature to salvage documents in Word™ and WordPerfect™ By Marilyn Monrose Legal Technology, Standing Committee on, October 2000 We've all done it. Working hours on a 200-page, heavily edited document, only to realize half way through (or at the end) that you forgot to make a new version!!
Using watershed partnerships to manage source water quality By Daniel J. Kucera Energy, Utilities, Telecommunications, and Transportation, February 2000 Under the current legal regulatory scheme, water utilities are responsible to treat source water to specified standards, regardless of the cause of any contamination in the source water.
Venture Data Business and Securities Law, October 2000  
Veto session update Education Law, March 2000 Creates the Public Construction Contract Act to mandate that all public construction contracts (excluding the State of Illinois and the Metropolitan Water Reclamation District) over $75,000 must contain provisions that allow for contractors to recover increased costs resulting from "unforeseen latent or subsurface conditions.
Viatical settlements: a summary and update Elder Law, May 2000 A viatical settlement is a transaction in which a holder of a life insurance policy sells the policy before his or her death and receives a percentage of the face value.
Victory in attempted involuntary transfer of Medicaid-pending client By Steven C. Perlis Elder Law, March 2000 Two years ago, this office took the case of a resident of a nursing home who faced a transfer despite the fact that the application for Medicaid was pending.
View from the chair By Gene A. Petersen Business Advice and Financial Planning, November 2000 Your section council has firmed up our meeting arrangements for the year. Our first meeting was held on September 16, 2000 in Urbana, Illinois.
View from the chair By Gene A. Petersen Business Advice and Financial Planning, September 2000 I am honored to serve as chair of the Business Advice and Financial Planning Section Council for 2000-2001.
View from the chair By James M. Lestikow Business Advice and Financial Planning, June 2000 This will be my final column as chair of the section council. I had several goals in mind at the outset of my term.
View from the chair By James M. Lestikow Business Advice and Financial Planning, February 2000 As you will note from the minutes of the December section council meeting and the fact pattern published in this issue, the council is hard at work on Collegium 2000.
Voice of the chair By Vickie Gillio Education Law, June 2000 As I pass the baton of leadership to Philip Milsk who has been appointed chair for this next year, I thought I'd take a few moments to reflect on the issues raised in my initial Voice of the Chair.
Voice of the chair Education Law, March 2000 In my pre-millennium voice of the chair, I addressed the very real societal and legal issues affecting our educational institutions, teachers, students, and society.
Want to challenge a sentence after a guilty plea? What do you file? By Patrick J. Hitpas General Practice, Solo, and Small Firm, April 2000 Your client has entered a plea of guilty to an offense and has been sentenced by the trial court.
Web site/Bureau of Land Management Mineral Law, March 2000 The Bureau of Land Management has made it possible to search for Eastern States land patents at its General Land Office Records Automation web site: http://www.glorecords.blm.gov.
What is fair market value? Some thoughts for the multi-state practitioner By Thomas A. Jaconetty State and Local Taxation, June 2000 Most real property tax assessment systems are based upon a consideration of "fair market value," "market value," "true value," "fair cash value" or some such similar concept.
What you need to know about grandparent visitation By Michael K. Goldberg Family Law, June 2000 The death of a spouse elicits a myriad of emotions, and the pain of losing a loved one is certainly exacerbated when there are surviving minor children.
What you need to know about grandparent visitation By Michael K. Goldberg General Practice, Solo, and Small Firm, March 2000 The death of a spouse elicits a myriad of emotions, and the pain of losing a loved one is certainly exacerbated when there are surviving minor children.
What you need to know about grandparent visitation, Part II …to grandmother’s house we go…maybe By Terrence M. Madsen General Practice, Solo, and Small Firm, March 2000 The Governor's end-of-the-summer bill signings triggered considerable discussion over the future of grandparent visitation.
What you need to know about grandparent visitation Part II…to grandmother’s house we go…maybe By Terrence M. Madsen Family Law, June 2000 The Governor's end-of-the-summer bill signings triggered considerable discussion over the future of grandparent visitation.
When can a party that is not a liquor licensee be liable under the Dramshop Act? By Kevin E. O’Reilly Tort Law, September 2000 Recently the Third District ruled that a land trustee could not be held liable to an injured party under the Dramshop Act. 235 ILCS 5/6-21(a). Kulikowski v. Larson, 305 Ill. App. 3d 110, 710 N.E.2d 1275, 238 Ill. Dec. 173 (3rd Dist. 1999).
When is a dress trade dress? Walmart Stores, Inc. v. Samara Brothers By Steven L. Baron Intellectual Property, June 2000 On March 22, 2000, the United States Supreme Court tackled the thorny question of whether a product's design could be "inherently distinctive" so as to provide protection under trade dress theory.