Section Newsletters

Articles From 2001

Memories of my tenure on the Administrative Law Section Council By Alexander P. White Administrative Law, October 2001 I became a member of the Administrative Law Section Council (the Council) in June of 1993. Gerry Goldberg was the chair.
Miami Tribe lawsuit continues to develop By Barbara Stille Agricultural Law, May 2001 On June 2, 2000, the Miami Tribe of Oklahoma filed suit in Federal District Court in the Southern District of Illinois against landowners in 15 separate counties, including tracts in Champaign, Clark, Coles, Crawford, Cumberland, Douglas, Edgar, Effingham, Ford, Iroquois, Jasper, Moultrie, Livingston, Shelby and Vermilion counties.
Microsoft redux By John L. Conlon July 2001 The United States Court of Appeals for the District of Columbia (the "court") in a 125 page en banc per curium opinion issued on June 28, 2001
Mineral Law Section Council minutes Mineral Law, August 2001 The meeting was called to order by Chairman George C. Lackey at 12:00 noon.
Minimum coverage to maximum for bad faith dealings by insurer By David Spagat General Practice, Solo, and Small Firm, April 2001 How often have you been rebuffed or ignored in dealing with a carrier, sometimes even the "better" ones, when you have a seriously injured client in a liability situation seeking the policy limits on a limited coverage policy?
Minority business set aside program ruled unconstitutional By Michael R. Lied Labor and Employment Law, November 2001 In Builders Association of Greater Chicago v. County of Cook, et al., 256 F.3d 642, the Seventh Circuit Court of Appeals affirmed a district court ruling that Cook County's minority and women-owned business enterprise program was unconstitutional.
Minutes of recent section council meetings Administrative Law, March 2001 Guest speaker Fred Dickson of the Trust and Estates Section spoke in favor of the proposal for a certification program with respect to estate planning, trust and probate lawyers.
Minutes of the February 9, 2001 Administrative Law Section Council meeting Administrative Law, August 2001 The council reviewed proposed legislation, including HB 93.
Minutes of the Labor and Employment Law Section Council meeting Labor and Employment Law, April 2001 The meeting was called to order by Section Council Chair Kevin Eack at 2:00 p.m.
Minutes of the State and Local Taxation Section Council State and Local Taxation, May 2001 After lunch, Chairman Stan Kaminski convened the meeting at 12:30 p.m.
Model standards of practice for family and divorce mediation Alternative Dispute Resolution, February 2001 A family mediator shall recognize that mediation is based on the principle of self-determination by the participants.
Modification of joint custody agreement By Anne M. Martinkus General Practice, Solo, and Small Firm, October 2001 The original 1977 Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5, did not include any provisions for joint custody.
Momentum builds for employers to provide insurance coverage for prescription contraceptives By Cindy Bordelon Women and the Law, December 2001 Since late last year, several developments have added momentum for employers to provide insurance coverage for prescription contraceptives.
“Mortgagee in possession”—watch your language Commercial Banking, Collections, and Bankruptcy, April 2001 Prepared forms do not always have necessary language.
“Mortgagee in possession”—watch your language By Thomas F. Hartzell Real Estate Law, March 2001 Prepared forms do not always have necessary language. A recent case in our circuit concerning a mortgagee asking the court to be placed in possession during foreclosure proceedings reminds all of us of the need to read documents very carefully.
Motion to vacate default 2-1301: the floating standard By Patrick F. Cleary General Practice, Solo, and Small Firm, October 2001 Under what standards can a judge deny a motion to vacate a default filed within 30 days of the entry of judgment?
Motions for continuance: grounds and factors By Lawrence W. Terrell Young Lawyers Division, December 2001 A continuance is defined as an adjournment by order of court of a cause from one day to another or from one hour to another.
Motor carrier’s limitation of cargo liability held enforceable By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The United States District Court in the Western District of New York recently decided an important issue regarding a motor carrier's limitation of liability for cargo loss and damage in Schweitzer Aircraft Corp v. Landstar Ranger, Inc., 114 F. Supp.2d 199 (W.D. NY 9/27/00).
Municipal liability—no representation without indemnification under the Public Defender Immunity Act By Steven M. Puiszis Criminal Justice, June 2001 In 1765, the Sons of Liberty, a secret patriotic society, coined the phrase: "No taxation without representation" in response to the passage of the Stamp Act by the British Parliament.
My recommendations By Jay Giusti Legal Technology, Standing Committee on, June 2001 You may have heard about a new top-level domain becoming available for Internet Web addresses, and the March 2001 issue of ABA Law Practice Management has a good description of new ones particularly including .pro that is intended for professionals such as attorneys.
My year as section council chair By William A. Price Administrative Law, October 2001 Administrative law agendas don't change much over the years.
The NASD launches a Single Arbitrator Pilot Program for arbitration claims between $50,000.01 and $200,000 By Andrew J. Stoltmann Alternative Dispute Resolution, November 2001 On February 15, 2000, the Securities and Exchange Commission approved Rule 10336 and added it to the NASD Code of Arbitration Procedure
The NASD Launches a Single Arbitrator Pilot Program for arbitration claims between $50,000.01 and $200,000 By Andrew J. Stoltmann Business and Securities Law, May 2001 On February 15, 2000, the Securities and Exchange Commission approved Rule 10336 and added it to the NASD Code of Arbitration Procedure.
NASD outlines new online suitability obligations for brokerage firms By Andrew J. Stoltmann & Thomas A. Hargett Business and Securities Law, June 2001 On March 19, 2001, the National Association of Securities Dealers ("NASD") released Notice to Members 01-23 ("NTM 01-23").
National Conference on Law and Aging scheduled for October By Lee Beneze Elder Law, June 2001 The second annual National Conference on Law and Aging is scheduled for October 10-13, to be held at the Crystal Gateway Marriott in Arlington, Virginia.
Negotiating cell tower leases from the lessor’s perspective Part I (of II) By Alexander Olsansky Corporate Law Departments, March 2001 If you're a transactional attorney or in-house corporate counsel, you have negotiated a wide range of business, corporate and real estate agreements.
Negotiating cell tower leases from the lessor’s perspective Part II of II By Alexander Olsansky Corporate Law Departments, May 2001 Part I of this discussion (The Corporate Lawyer, March 2001) examined several core provisions found in the cell tower lease, including lease term, rent, insurance and casualty.
A new definition of income By Kelli E. Madigan Federal Taxation, October 2001 Historically, interest and dividends have been treated as income while capital gains have been treated as principal.
New husband’s income considered as part of former wife’s resources in allocating college costs in modification action By David B. Franks General Practice, Solo, and Small Firm, October 2001 The recent case of In re Marriage of DRYSCH 247 Ill.Dec. 409, 732 N.E.2d 125 (2nd Dist. 2000), following their dissolution of marriage, ex-wife petitioned for modification of divorce decree, requesting that ex-husband be required to contribute to their child's college expenses.
New Illinois laws for 2001 that affect oil and gas and other mineral law By James K. Weston, Sr. Mineral Law, November 2001 After the conclusion of the spring session of the 92nd Illinois General Assembly, Governor George Ryan signed 494 bills into law.