Section Newsletters

Articles From 2001

Recent council activities Health Care Law, July 2001 The Health Care Section Council met regularly throughout the spring of 2001 at the ISBA Chicago Regional Office.
Recent council activities Health Care Law, June 2001 The Health Care Section Council met regularly throughout the spring of 2001 at the ISBA Chicago Regional Office.
Recent criminal law case analysis By Don Hays Criminal Justice, February 2001 Search and seizure--The defendant in this case was not "seized" when a police officer stopped his squad car in front of the defendant.
Recent decisions By James K. Say Trusts and Estates, November 2001 In re Estate of Budris Andernovics, Il. Sup. Ct., September 20, 2001. In February 1989, plaintiff Peggy Parrish filed a complaint against the estate of Budris Andernovics, claiming that Andernovics had breached an oral agreement to make specific provisions in his will.
Recent decisions Trusts and Estates, June 2001 Estate of Floy M. Christensen, Deceased, Carl Stewart Christensen, Personal Representative v. Commissioner of Internal Revenue, T.C. Memo 2000-368, December 6, 2000.
Recent decisions of interest By John H. Brechin Local Government Law, May 2001 Shaw Industries v. Community College District No. 515 (First District, December 12, 2000) involved a claim by Shaw that the defendant's failure to require the procurement of a payment bond from its contractor, Prairie State Associates, breached its contract.
Recent decisions of the Illinois Supreme Court By David P. Bergschneider Criminal Justice, August 2001 Defendant was convicted of two 1977 murders, and was sentenced to 40 to 80 years imprisonment.
Recent developments By Mary Ann Connelly State and Local Taxation, August 2001 On July 24, 2001 Governor Ryan signed HB 509 now PA 92-0133. Public Act 92-0133 authorizes the Cook County Board of Review to destroy or otherwise dispose of complaints and records pertaining thereto after the lapse of five years from the filing dat
Recent developments State and Local Taxation, April 2001 The following issues were raised on appeal: (1) whether the subject property qualified as an educational facility pursuant to the statute: (2) whether the DOR's denial and revocation of tax-exempt status violated the petitioner's due process rights: and (3) whether the DOR's procedure for reviewing exemption revocation complied with the Administrative Procedure Act.
Recent developments affecting subchapter S corporations By Gene A. Petersen Business and Securities Law, April 2001 An S corporation may permissibly own any portion of the stock of another corporation (with few exceptions), and if such other corporation is wholly-owned by the S corporation the S corporation may elect to treat it as a division of the S corporation.
Recent developments in corporate and partnership tax By Michael L. English Federal Taxation, October 2001 In Seggerman Farms, Inc., T.C. Memo. 2001-99, the Tax Court ruled that the shareholders of a family corporation recognized gain on the transfer of assets to their controlled corporation where the liabilities assumed by the corporation exceeded the shareholders' adjusted basis in the property transferred.
Recent developments in estate and gift tax By Michael L. English Federal Taxation, June 2001 1. Service issues proposed regulations on ESBTs. The Service has issued proposed regulations on the qualification and treatment of electing small business trusts (ESBTs).
Recent developments in Illinois death penalty law and practice By Stephen L. Richards Government Lawyers, October 2001 When, many years ago, I first began a career in the field of state-funded indigent criminal defense, friends, relatives, and strangers would stereotypically react by wondering how on earth I, or anyone, could defend "those people."
Recent developments on estate and gift tax By Michael L. English Federal Taxation, January 2001 The Service, in REG-106511-00, issued proposed regulations relative to the filing of an application for an automatic six month extension of time to file an estate tax return.
Recent developments under the Illinois Domestic Violence Act of 1986 By Cecilia Hynes Griffin Family Law, June 2001 Virtually every family law practitioner has come across a case involving use of the Illinois Domestic Violence Act of 1986 (the "IDVA").
Recent judicial appointments and retirements Bench and Bar, October 2001 1. The Supreme Court has accepted the resignations of the following judges:
Recent judicial appointments and retirements Bench and Bar, July 2001 1. The Supreme court, pursuant to its constitutional appointment authority has appointed the following to be Circuit Judges:
Recent judicial appointments and retirements Bench and Bar, May 2001 1. The supreme court, pursuant to its constitutional appointment authority, has recalled retired Associate Judge Donald J. Hennessy effective March 1, 2001, in the 18th Circuit.
Recent judicial appointments and retirements Bench and Bar, April 2001 1. The Supreme Court, pursuant to its constitutional appointment authority, has made the following appointments:
Recent judicial appointments and retirements Bench and Bar, January 2001 1. The supreme court, pursuant to its constitutional appointment authority, has appointed Timothy Paul Nierman to the 15th Circuit Court effective October 11, 2000.
Recent legislative developments By Michele M. Jochner General Practice, Solo, and Small Firm, March 2001 Significant changes in Illinois law have occurred as a result of new legislation which became effective January 1, 2001.
Recent supreme and appellate court opinions in brief Civil Practice and Procedure, March 2001 The supreme court has overruled prior cases regarding the impact of a criminal conviction on a subsequent civil lawsuit resulting from the same incident.
Recent traffic cases By James J. Ahern Traffic Laws and Courts, June 2001 The Second District Appellate Court was recently presented with the issue of whether home rule local governmental units have authority to enact and enforce an ordinance that allows police officers to stop a motor vehicle solely because an occupant was perceived to be not wearing a seat belt even though section 12-0603.1 (e) prohibits a law enforcement officer from stopping a motor vehicle solely for not wearing a seat belt.
Recent traffic cases By James J. Ahern Traffic Laws and Courts, January 2001 Hospital blood-alcohol test results are both discoverable and admissible under section 11-501.4 of the Illinois Vehicle Code, 625 ILCS 5/11-501.4, People v. Wilber, 279 Ill.App.3d 462, 664 N.E.2d 711, 216 Ill.Dec. 74 (4th Dist. 1996).
Recent U.S. Supreme Court cases of interest to in-house counsel By Michael Todd Scott Corporate Law Departments, August 2001 Don King, as president and sole owner of his promotion company, was accused of conducting the corporation's affairs in violation of the Racketeer Influence and Corrupt Organizations Act (RICO).
Recent U.S. Supreme Court cases of interest to in-house counsel By Michael Todd Scott Corporate Law Departments, July 2001 In an 8-1 decision, the U.S. Supreme Court ruled that punitive damage awards must be reviewed on a de novo standard.
Reflections from a chair By J.A. Sebastian Administrative Law, November 2001 As immediate past chair of the Administrative Law Section Council, I am honored to recognize the extraordinary contributions of our newsletter editor and join in congratulating Paul Freehling for his 30th year as the section's one and only newsletter editor.
Regulating nude dancing By Patricia M. Moser Local Government Law, January 2001 Since the United States Supreme Court's 1991 decision in Barnes v. Glen Theatre, the Court has upheld the broad power of state and local governments to regulate nude dancing.
Regulation FD: The SEC’s new selective disclosure rule takes effect By Patrick Rondeau & Jonathan Wolfman Corporate Law Departments, January 2001 Regulation FD was adopted by the Securities and Exchange Commission on August 10, 2000 and took effect on October 23, 2000.
The relevancy of evidence concerning the failure to possess a driver’s license and driving experience in a negligence action By Edna Turkington-Viktora Tort Law, June 2001 This article discusses the relevancy of evidence in an automobile negligence action concerning a party's failure to have a valid operator's license.