Section Newsletters

Articles From 2001

Total maximum daily loads: rolling right along By Margaret P. Howard Environmental and Natural Resources Law, December 2001 On July 16, 2001, USEPA Administrator Christie Whitman called for further review of a newly adopted federal TMDL rule, published July 13, 2000.
Toward a more refined rule of reason analysis—California Dental Association v. FTC By Scott M. Mendel July 2001 On February 15, 2001, the Federal Trade Commission ("FTC") voted unanimously to dismiss its administrative complaint against the California Dental Association ("CDA"), as ordered by the Court of Appeals for the Ninth Circuit after remand from the Supreme Court.
Two awards bestowed upon the Women Everywhere Service Project By Sharon L. Eiseman Women and the Law, December 2001 Two bar associations have presented awards to the Women Everywhere: Partners in Service Project.
Unauthorized practice of law and in-house counsel By Michael Todd Scott Environmental and Natural Resources Law, December 2001 There has been a lot of discussion lately on unauthorized practice of law (UPL) by in-house counsel.
Underwriting covenants, conditions and restrictions By Richard F. Bales Real Estate Law, January 2001 "Covenants, conditions, and restrictions" (hereafter CC&Rs) is a generic term for privately-created rules and regulations that frequently govern the use and improvement of real property.
Uniformity in sales tax compliance By Bruce H. Davis Corporate Law Departments, December 2001 As electronic business grows, companies are forced to deal with the complexities of multistate tax compliance.
The unintended ramifications of the SWANCC decision: Local regulation of isolated waters By David W. McArdle & E. Regan Daniels Shepley Local Government Law, May 2001 The recent United States Supreme Court ruling in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers held that the Corps' authority under the Clean Water Act does not extend to isolated waters-- those waters that are not connected or adjacent to interstate or navigable waters.
Unitization order by Department of Mines and Minerals is res judicata as to issues of title By George C. Lackey Mineral Law, February 2001 The Fifth District Appellate Court has ruled that a unitization order issued by the Department of Mines and Minerals is res judicata as to issues of title and that questions of title decided by the Department in connection with a unitization proceeding cannot be collaterally challenged in subsequent court actions.
Upcoming administrative law seminar Administrative Law, March 2001 On May 4, 2001, a comprehensive, all day seminar will be presented at the ISBA's Chicago Regional Office. The program tentatively will include the following important subjects and knowledgeable speakers:
Update from the Department of Business Services By Ken Buzbee Business and Securities Law, January 2001 The Department of Business Services has undergone significant changes during the first eighteen months of Secretary Jesse White's administration.
Upholding the best interest of the child standard in Illinois: a revisit of the Baby Richard case By Gregory A. Kelson Family Law, March 2001 In a Chicago suburb, a four-year-old boy was told by his adoptive parents that he would be moving.
U.S. Court finds school system’s harassment policy violated free speech rights— recommendations to ensure your policy complies with the First Amendment By Thomas L. Henderson Education Law, June 2001 In a decision with far-reaching implications, a federal court last week invalidated a Pennsylvania school system's anti-harassment policy, finding that the policy violated the Constitution's free speech guarantee.
U.S. Supreme Court holds state employees cannot sue for money damages under the ADA By Brian M. Stolzenbach Human and Civil Rights, May 2001 In its latest Eleventh Amendment sovereign immunity case, the United States Supreme Court held that individual employees may not sue their state employers for money damages under the Americans with Disabilities Act.
U.S. Supreme Court holds that an order compelling arbitration and dismissing underlying claim is a final decision within the meaning of §16 of the Federal Arbitration Act. By Michael Todd Scott Corporate Law Departments, February 2001 On December 11, 2000, the U.S. Supreme Court decided the case of Gree Tree Financial v. Randolph.
The use of requests for admission of fact in proving a litigant’s case: what are the limits? Civil Practice and Procedure, April 2001 Illinois Supreme Court Rule 216 allows a party to request another party to admit to "the truth of any specified relevant fact set forth in the request."
Uses of the Irrevocable Insurance Trust By Jay S. Goldberg Trusts and Estates, June 2001 The ILIT (Irrevocable Life Insurance Trust) has become a standard tool of estate planning, as common as the Marital Deduction and the Credit Shelter Trust (CST).
Using the “if…then” field to automate documents in Word By Adrienne W. Albrecht Legal Technology, Standing Committee on, January 2001 Have you ever tried to set up fields in a pleading only to discover the next time you try to use them that it was more trouble to create than it was worth because of all the necessary editing for gender and tense?
Using the Illinois landlord’s lien after June 30, 2001 By Donald L. Uchtmann & D. K. Banner Agricultural Law, November 2001 Having a financially stable tenant with a solid reputation for being an excellent farmer is among the best ways to assure that a farmland owner will collect rent.
Using the Mail Merge feature of Microsoft Word By Adrienne W. Albrecht Legal Technology, Standing Committee on, June 2001 In previous versions, the Mail Merge feature of Microsoft Word had so many limitations and was so difficult to use that it was not worth the hassle for any but the most sophisticated users.
Viability of hostile work environment claims under the ADA in the Seventh Circuit By Nile J. Williamson Labor and Employment Law, April 2001 A viable but frequently overlooked cause of action for the plaintiff's bar in employment litigation concerns hostile work environment claims pursuant to the Americans with Disabilities Act.
View from the chair By Gary T. Rafool Commercial Banking, Collections, and Bankruptcy, November 2001 The second meeting of our Section Council was held on Saturday, August 18, at the Par-A-Dice Casino Hotel in East Peoria.
View from the chair By Gary T. Rafool Commercial Banking, Collections, and Bankruptcy, July 2001 This is a new feature for our newsletter which will be written by me as chair of the section council during the coming year.
View from the chair By Diana M. Jagiella Environmental and Natural Resources Law, June 2001 In our last issue, we recommended all environmental law practitioners keep September 21 and 22, 2001 open for the upcoming "2001 Illinois Environmental Conference."
View from the chair By Gene A. Petersen Business Advice and Financial Planning, June 2001 This will be my final column as chair of the section council. While my goals for the year were somewhat optimistic, we were able to accomplish many things.
View from the chair By Gene A. Petersen Business Advice and Financial Planning, April 2001 As I mentioned in the last edition of our newsletter, the Council's Collegium was held in Chicago on March 3 and in Springfield on March 17.
View from the chair By Diana M. Jagiella Environmental and Natural Resources Law, March 2001 Environmental law is in its infancy compared to many other areas of law. While contract and family law has developed over centuries, environmental law dates back mere decades.
View from the chair By Gene A. Petersen Business Advice and Financial Planning, February 2001 The council has been hard at work on Collegium 2001 which will be held on March 3 in Chicago and March 17 in Springfield
“We have met the enemy and he is … us” By Matt Maloney General Practice, Solo, and Small Firm, March 2001 My erstwhile friends in the legal community know that I regularly read the advance sheets.
Web sites for Illinois antitrust attorneys By Marija Popovic March 2001 The Internet provides a wealth of useful information for the legal profession. It has become easier for attorneys to find relevant information on the Internet. Statutes, legislation, and much more are only a click away.
Welcome to the 2001-2002 State and Local Taxation Section Council State and Local Taxation, July 2001 Let me begin by thanking you for taking the time to read this edition of Tax Trends and those published in the past, and for those new to the section and this newsletter, welcome.