Articles From 2001

Illinois’ continuum between the manifest weight standard and de novo review continues … By J.A. Sebastian Administrative Law, November 2001 This article summarizes five of the recent Illinois decisions that consider the judicial review continuum.
Illinois Department of Revenue Practitioners’ questions and answers Chicago meeting—JRTC October 25, 2000 State and Local Taxation, May 2001 In order that the practitioners may better educate their clients in appropriate compliance, please identify:
Illinois Department on Aging to hold Annual Elder Rights Conference Elder Law, June 2001 The Illinois Department on Aging has scheduled its 15th Annual Elder Rights Conference for July 25-26 at the Holiday Inn-City Centre, in Chicago.
Illinois Educational Labor Relations Board December 1, 1999 through November 30, 2000 By Julie K. Hughes Education Law, January 2001 The School District was directed by the Financial Oversight Panel to subcontract certain functions in its business office.
The Illinois Equal Justice Foundation: promoting access to justice for the people of Illinois By Ruth Ann Schmitt Women and the Law, December 2001 We know that women with children bear the brunt of poverty's effects. We know that too many women face desperate economic and family problems and have no idea where to turn.
Illinois physicians and the enforceability of covenants not to compete in the wake of Carter-Shields By Michael K. Goldberg Civil Practice and Procedure, September 2001 Recently, the Fifth District Appellate Court reversed an Order of the Circuit Court of Madison County granting partial summary judgment to defendants, a medical corporation and its assignee, in an action involving the enforceability of a contractual covenant not to compete against a board-certified family-practice physician.
Illinois physicians and the enforceability of covenants not to compete in the wake of Carter-Shields By Michael K. Goldberg General Practice, Solo, and Small Firm, March 2001 Recently, the Fifth District Appellate Court reversed an Order of the Circuit Court of Madison County granting partial summary judgment to defendants, a medical corporation and its assignee, in an action involving the enforceability of a contractual covenant not to compete against a board-certified family-practice physician.
Illinois State Bar Association State and Local Taxation Section Council minutes State and Local Taxation, November 2001 Chair Timothy E. Moran convened the meeting of the SALT Section Council at 12:30 P.M. Although the meeting was scheduled for Noon, and the Chair usually calls the meetings to order with punctuality, an exception was made to accommodate several of the members who chose to join the crowd assembled at the Daley Center in remembering the victims of the World Trade Center.
Illinois State Bar Association State and Local Taxation Section Council minutes State and Local Taxation, February 2001 Chairman Stan Kaminski convened the meeting at 10:10 AM.
Illinois State Bar Association State and Local Taxation Section Council minutes State and Local Taxation, January 2001 Chairman Stan Kaminski convened the meeting at 9:40 AM.
Illinois State Bar Association—Administrative Law Section Council By Gerald Goldberg Administrative Law, October 2001 I was privileged to serve as Chair of the Administrative Law Section Council from June 1993 to June 1994.
Illinois Supreme Court holds grandparent visitation law unconstitutional as applied to parents who object By Karl Menninger Elder Law, February 2001 Grandparent visitation laws, passed in response to pressure from senior citizens with the implication that visits with grandparents are always (or usually) good for the child, have been the subject of constitutional challenges in several states.
Illinois Supreme Court holds school desegregation equitable remedies are not “compensatory damages” justifying taxes or bondsunder Tort Immunity Act By Michael F. O’Brien Human and Civil Rights, January 2001 Following eight years of legal challenges by Rockford school district taxpayers, the Illinois Supreme Court has ruled that the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. (1998) ("Tort Immunity Act"), does not authorize taxes or bonds for school desegregation suit equitable remedies.
The Illinois Supreme Court holds that the operation of an uninsured motor vehicle is an absolute liability offense By Michele M. Jochner General Practice, Solo, and Small Firm, December 2001 In People v. O'Brien, 197 Ill. 2d 88 (2001), the Illinois Supreme Court addressed the question of whether the General Assembly intended that the State, in order to convict an individual for operating an uninsured vehicle, must establish that the driver had knowledge that the vehicle was not insured.
Illinois Supreme Court overturns decision against mortgage lender By Jeffrey D. Cavanaugh Commercial Banking, Collections, and Bankruptcy, November 2001 In Voyles v. Sandia Mortgage Corporation (2nd District; 1999), an Illinois appellate court ruled that a mortgage company ("Lender") could be held liable for refusing to accept mortgage payments when the amount of those payments was in dispute and for subsequently reporting negative credit information as a result of the Lender's refusal to accept the tendered payments.
The Illinois Training Expense Credit: what else! By Alexander P. White State and Local Taxation, November 2001 In the June 2001 issue of Tax Trends (Volume 44, No. 6), the newsletter of the State and Local Taxation Section of the Illinois State Bar Association (the ISBA), an article entitled "The Illinois Training Expenses Credit: What Next?" reviewed the history and current controversies and offered guidance in respect to the Illinois training expense credit (TEC).
The Illinois training expense credit: what next? By Garland Allen & Kathryn Michaelis State and Local Taxation, June 2001 The Illinois training expense credit has been the subject of much controversy over the past five years. From 1995 through 2000, the Illinois Department of Revenue (the "Department") and taxpayers have disagreed on whether a 1995 regulation that expanded the scope of the credit was to be applied retroactively or prospectively.
Immigration alert for school attorneys By Michael R. Lied Education Law, January 2001 Many attorneys represent school districts that operate public elementary, secondary or publicly funded adult education programs.
Immigration law update By Phillip S. Zou International and Immigration Law, August 2001 Towards the end of last year, two important pieces of legislation in the immigration law area were enacted by the Congress and signed into law by Clinton, which have further amended the Immigration and Nationality Act of 1952.
Impact of plea of guilty on civil proceedings By Mark Rouleau & Steve Baker Criminal Justice, April 2001 A plea is an admission of a party opponent. It is not conclusive in the civil litigation, however it is like a person saying at the time of the collision; "I'm sorry, I ran the red light."
Implementation of the Teacher Certificate Renewal Law Education Law, June 2001 Public Act 91-102, 105 ILCS 5/21-14, requires continuing education/professional development for certificated public school teachers throughout Illinois as a prerequisite for renewal of their certificates.
The importance of prompt settlement notice in the prosecution of underinsured motorist claims By Dennis H. Stefanowicz & Lori L. Meehan Civil Practice and Procedure, October 2001 It may look like a slam dunk. Suppose that a defendant runs a red light, hits your client's car, and causes your client to suffer substantial physical injuries.
Important eavesdropping update By Celia G. Gamrath Young Lawyers Division, April 2001 In the last issue of the YLD Newsletter, we published an article titled "The Law on Eavesdropping."
In this issue Environmental and Natural Resources Law, December 2001 This month's newsletter covers a few environmental issues and the topic of unauthorized practice of law.
In this issue Environmental and Natural Resources Law, July 2001 This issue of the Environmental Law Section Council's newsletter features articles that address several water issues of which practitioners should be aware.
In this issue Environmental and Natural Resources Law, June 2001 This issue starts with additional information from the chair of the Environmental Law Section Council, Diana Jagiella, about the 2001 Illinois Environmental Conference, to be held in Chicago on September, 21 & 22--mark your calendars!
In this issue Environmental and Natural Resources Law, March 2001 The first and most exciting item in this issue of the Environmental Law Section Council's newsletter is the "View from the chair" by Diana Jagiella, the chair of our section council, providing notice of a May 21 and 22 environmental conference to be held in Chicago.
In this issue Environmental and Natural Resources Law, January 2001 This issue of the Environmental Law Newsletter starts off with a private practitioner's reply to an article by USEPA's Galene Vasaturo, published in this newsletter several issues ago, concerning the federal government's attempts to regulate lead based paint in residential housing.
An in-house counsel’s guide to dealing with cybersquatters: Part II (the Anticybersquatting Consumer Protection Act) By Michael Todd Scott Corporate Law Departments, March 2001 As we discussed in Part I of this article, ICANN's Uniform Domain Name Dispute Resolution Policy is a powerful weapon in the fight against cybersquatters.
An in-house counsel’s guide to dealing with cybersquatters— part I (ICCAN’s Uniform Domain Name Dispute Resolution Policy) By Michael Todd Scott Corporate Law Departments, February 2001 The Web site whatis.com, defines cybersquatting as: reserving an Internet domain name (often referred to as a "dot com" name) for the purpose of selling it later to a company that wants to use it.