Articles From 2002 | Illinois State Bar Association

No Child Left Behind Act sets heightened standards for schools By Paul Ciastko & Susan W. Glover Education Law, November 2002 On January 8, 2002, President George W. Bush signed into law the No Child Left Behind Act of 2001 (NCLBA).

Notes from the chair By James K. Weston Mineral Law, November 2002 Welcome to the first edition of Mineral Law, the newsletter of the ISBA Mineral Law Section, for the 2002-2003 year. We will make every effort to continue the sterling efforts of prior administrations.

Notes from the chair By William L. Cleaver Elder Law, May 2002 One of the responsibilities of a section council is to receive, review, and comment on pending legislation.

Notes from the Chair Recap as the baton is passed By William L. Cleaver Elder Law, June 2002 In a recent article in the ABA Journal by Margaret Graham Tebo, Ms. Tebo states that the days of representing older clients by simply addressing estate-planning issues are past.

Notes from the co-editors By Mary Ann Connelly State and Local Taxation, November 2002 This newsletter contains an article entitled "Real Estate Tax Relief for Not-For-Profit Corporations," which informs the practitioner how to file a successful tax complaint to reduce the assessment based on a not-for-profit corporation class change.

Notes from the editor By Richard D. Hannigan Workers’ Compensation Law, October 2002 Commissioner Robert Madigan resigned effective July 8, 2002. Paul Rink has accepted a temporary appointment to serve as the public-member (Panel A) through December 31, 2002.

Notes from the editor Mineral Law, March 2002 Submission of articles to this newsletter is encouraged.

Notes from the editor Workers’ Compensation Law, January 2002 On September 15, 2001, Tim Eaton, the president of the Illinois State Bar Association attended the Workers' Compensation Law Section Council Meeting. President Eaton discussed an upcoming conference of a committee on the courts, which will focus on improving our courts and administrative agencies such as the Industrial Commission.

Novel settlement: A new trend? By Raymond T. Reott Environmental and Natural Resources Law, November 2002 In an election year, the historic practice in Illinois was for environmental enforcement to increase and for penalty demands in negotiated settlements to rise proportionately.

Observations of a central Illinois guardian ad litem By Anthony P. Corsentino Family Law, May 2002 Recently, the Illinois Legislature amended the Dissolution of Marriage Act to provide for a child's representative in custody and visitation matters pending in Illinois court.

Odds and ends By Mark E. Zumdahl Trusts and Estates, November 2002 Private Letter Ruling 200234019 is a taxpayer friendly ruling which could apply in a future estate you handle.

Of peekaboo bonds and offers of proof: Court affirms Pollution Control Board holding that EPA not barred from denying landfill permit due to dropped surety By Phillip R. Van Ness Environmental and Natural Resources Law, October 2002 Sometimes a company's environmental problems aren't related to the environment at all. Witness a recent (May 15, 2002) Third District case, Community Landfill Company v. Pollution Control Board.

Office management “preventive solutions no firm should be without” By Martine P. Jackson General Practice, Solo, and Small Firm, March 2002 Simple, inexpensive steps that can be implemented during the hiring process that can help an employer discover a not-so-favorable candidate prior to the commencement of the employment relationship.

Office morale, Part II Making things better—twenty things that you can do or begin today By Joseph Dailing Law Office Management and Economics, Standing Committee on, April 2002 Developing or keeping good morale in a law office can often be an elusive goal. Deadlines are frequent, stress is always present and people occasionally make mistakes.

Oh, those old cases—How they haunt you By Thomas F. Hartzell Commercial Banking, Collections, and Bankruptcy, December 2002 We were recently involved in a mechanics lien case where we represented the plaintiff lumber company against the owner of the real estate, his contractor and the bank as mortgagee.

Oh where, oh where has my back up gone? By Maximilian M. Prusak Law Office Management and Economics, Standing Committee on, January 2002 Have you ever sung the Back Up Blues? If you haven't, you will be probably feel quite content and a bit overconfident.

The oil and gas lease* By Ivan A. Elliott, Jr. Mineral Law, November 2002 "This is a Standard Producers 88 lease, so you can sign it without reviewing its fine print."

Old soldiers never die … do the myths By Matt Maloney General Practice, Solo, and Small Firm, January 2002 My career started in early September 1973. Direct contact with clients, old and new, began immediately.

Older tenants lose in Supreme Court—U.S. Supreme Court upholds no-fault evictions By Rhoda Davis Sweeney Elder Law, June 2002 In 1997 and 1998 The Oakland Housing Authority (OHA) initiated eviction proceedings in state court against the following tenants:

Online ADR: The preferred method for resolving e-commerce disputes? By Benjamin P. Henning Alternative Dispute Resolution, November 2002 Almost any service or product is widely available online, and Internet transactions accounted for $1.2 trillion in consumer and business-to-business transactions in 2000.

Opening the door gently: Medicaid eligibility planning and the “three-year look-back” rule By Wesley J. Coulson Elder Law, December 2002 Employing a "give-everything-away-and-wait-three- years" approach to planning for Medicaid eligibility is like using a battering ram to open a door.

Organic foods and labels Intellectual Property, January 2002 Trademark counsel often review labels and packaging. The federal government has issued new rules defining what constitutes an organic food.

Our first CLE program—A rave review By Rosalyn B. Kaplan Government Lawyers, December 2002 On September 19, 2002, the Standing Committee on Government Lawyers sponsored, in conjunction with the ABA's Government & Public Sector Lawyers Division, a continuing legal education program produced by and for government lawyers.

Out of control By Maximilian M. Prusak Law Office Management and Economics, Standing Committee on, October 2002 Has your practice ever been "out of control"? Have you become a "crisis manager"? Has your spouse told you that your work life is out of balance? If so, read on.

Overlooking liability coverage can be costly By Stanley C. Nardoni Corporate Law Departments, August 2002 Corporations defending lawsuits outside the bodily injury and property damage contexts often forget to check their liability insurance policies for coverage.

An overview of the Illinois Pollution Control Board By Elaine Agnew Environmental and Natural Resources Law, April 2002 The Illinois Pollution Control Board was given the duties of determining, defining, and implementing the environmental control standards applicable in the State of Illinois and adopting rules and regulations in accordance with Title VII of the Environmental Protection Act by the Illinois General Assembly through the adoption of the Environmental Protection Act in 1970.

An overview of the NACDL annual meeting By Cheryl Powell Criminal Justice, October 2002 "Warriors for the Defense: New Strategies for Difficult Times" was the title of the Annual Meeting & Seminar of the National Association of Criminal Defense Lawyers (NACDL), held from July 31st through August 3rd in San Francisco, California.

Part 1: Reciprocal or mutual wills—implied consequences By Timothy E. Duggan General Practice, Solo, and Small Firm, March 2002 A simple and common request can have significant consequences which may be unintended: a married couple, each with children from prior marriages, wants wills which leave everything to the surviving spouse and then, upon the death of the survivor, the estate is to be divided among all of their children from their prior marriages.

Part 2: Reciprocal or mutual wills—implied consequences By Timothy E. Duggan General Practice, Solo, and Small Firm, May 2002 In a previous issue of this newsletter, an article by the same name discussed the factors that courts would consider to determine if wills were executed pursuant to contract, reviewed specific cases to highlight how the analysis of such factors worked in practice, and noted that ordinary disposition schemes have been argued to evidence contractual wills.

Part-time employment—Does it work? By Jeffrey A. Rouhandeh Law Office Management and Economics, Standing Committee on, December 2002 Part-time Employment--does it work? Is this a rhetorical question? I want to go on record and state unequivocally, maybe.