Section Newsletters

Articles From 2002

Price discrimination may be covered By Stanley C. Nardoni Corporate Law Departments, September 2002 My article in last month's issue of The Corporate Lawyer mentioned that the personal injury provisions of umbrella liability policies often cover "discrimination."
A primer on construction issues for the construction lender By Stanley P. Sklar Real Estate Law, April 2002 Too often, the construction lender treats the construction loan as it would treat any other commercial loan, without anyone with significant background in the vagaries of the construction industry ready to "pull the plug" should the loan become "out of balance."
A primer on international driving permits By Angela Peters Traffic Laws and Courts, December 2002 As international traffic began to expand in the post World War II years, government officials and motoring authorities in numerous leading countries realized that the existing treaty-convention in the field (Paris 1926) no longer met the growing needs of international motoring.
Primer on qualified plans and IRA distribution rules updated for the 2002 IRS final regulations* By Kathryn J. Kennedy Employee Benefits, November 2002 As the baby boomer generation approaches retirement, they are discovering that the bulk of their wealth resides in qualified retirement plans and IRAs.
Private right of action for federal privacy violations barred By Phil Milsk Education Law, November 2002 On June 20, 2002, the United States Supreme Court held, in the case of Gonzaga University v. Doe, that parents and students who claim to be aggrieved by violations of the Family Educational Rights and Privacy Act of 1974 (FERPA) have no private right to sue under FERPA.
Profiles: Justice Rita B. Garman Racial and Ethnic Minorities and the Law, November 2002 Justice Garman started her path to distinction early on, graduating as class valedictorian from Oswego High School.
Profiles: Justice Sue E. Myerscough By Sue E. Myerscough Racial and Ethnic Minorities and the Law, November 2002 Justice Myerscough has been tightly connected to the State and people of Illinois for many years.
Projects supporting women: sign up to help women with breast cancer! By Cindy Bordelon Women and the Law, March 2002 Often the difference between life and death for breast cancer patients depends upon the types of treatment and services covered by their health insurance companies.
Property v. Privacy By David Loundy Intellectual Property, June 2002 An interesting exploration of the ability to monitor telephone records is found in Schmidt v. Ameritech Illinois, 2002 Ill.App. LEXIS 220 (Mar. 29, 2002).
A proposal to adopt an Illinois civil law notary statute By David S. Rodriguez International and Immigration Law, June 2002 Increased international activity that affects this state requires that legal instruments originating from the United States have full force, effect and acceptance in foreign jurisdictions
Proposed amendments to copyright transfer and license termination notices Intellectual Property, January 2002 The Copyright Office had proposed amendments (66 FR 22139) to its regulation governing notices of termination of transfers and licenses covering the extended renewal term.
The protected cell companies in a nutshell By Francisco Perez Ferreira Business and Securities Law, July 2002 Among the different factors that contribute to economic growth are the roles played by "offshore" jurisdictions, which in many ways assist or ease different business activities (of commercial, financial or patrimonial nature) around the globe.
Protecting charitable gifts By Marilyn Ratay Trusts and Estates, November 2002 In In re Estate of Lind, 734 N.E. 2d 47 (Ill. App. 2000), the Illinois appellate court protected a charitable devise from failing.
Protecting every Illinois family By Kenneth Dobbs Human and Civil Rights, December 2002 Imagine that you are a seven-year-old boy. Your parents rent a summer cottage at a campground for a vacation.
The purchase of or exchange for a life estate interest as a Medicaid eligibility planning technique By Wesley J. Coulson Elder Law, May 2002 The Illinois Medicaid Eligibility Policy Manual specifically contemplates and discusses the transfer of ownership of real estate by a prospective applicant for Medicaid long term care benefits, reserving a life estate interest in that real estate, as a potential planning technique.
Q & A: Illinois real estate transfer tax By Howard Samson Real Estate Law, May 2002 The psychic wounds have now healed and the baleful tears now dried. The passing of the "Green Sheet" into the Great Beyond, however much a shock it was, is sufficiently behind us.
Quality oversight of ambulatory surgical centers: a system in neglect Health Care Law, May 2002 To assess how State agencies and accreditors oversee ambulatory surgical centers (ASCs) and how the Centers for Medicare & Medicaid Services (CMS) holds them accountable.
Query: How many co-owners does it take to terminate an oral year-to-year farm tenancy? By Laurence F. Johnson Real Estate Law, December 2002 Remember those times you've faced the question of how many co-owners it takes to terminate an oral year-to-year farm tenancy?
Questions and answers on insurance compliance enforcement at the Industrial Commission By Robert M. Harris Workers’ Compensation Law, January 2002 "Insurance compliance" refers to the Industrial Commission's efforts to enforce the mandatory insurance coverage provisions of section 4 of the Act.
A quick look at enforcement provisions of the Illinois Environmental Protection Act By Lisle A. Stalter Environmental and Natural Resources Law, November 2002 The purpose of the Illinois Environmental Protection Act is "to establish a unified, statewide program supplemented by private remedies, to restore, protect and enhance the quality of the environment, and to assure the adverse effects upon the environment are fully considered and borne by those who cause them," 415 ILCS 5/2(b).
Quick review to House Bill 6003—Civil Law Notary Act International and Immigration Law, June 2002 House Bill 6003, the Civil Law Notary Act, is problematic in that it violates the Illinois Constitution's separation of powers, Article II, Section 1.
Real estate financing in the new millennium By Stanley P. Sklar Commercial Banking, Collections, and Bankruptcy, August 2002 Too often, the construction lender treats the construction loan as it would treat any other commercial loan--without anyone with significant background in the vagaries of the construction industry ready to "pull the plug" should the loan become "out of balance."
Real estate for retirement? Now you can By Ronald J. Guild Real Estate Law, March 2002 Investment grade commercial real estate can now be viewed as an acceptable vehicle for purchase in IRA or 401(k) accounts.
Real estate law practice key points (December, 2001—January, 2002) By Steven B. Bashaw Real Estate Law, February 2002 The Illinois Condominium Property Act (765 ILCS 605/1 et seq.), specifically provides that in the event of a default by a unit owner in the payment of assessments, the association has the right to maintain an action for possession as set forth in the Forcible Entry and Detainer article of the Code of Civil Procedure (765 ILCS 605/9.2; Article IX Code of Civil Procedure, 735 ILCS 5/9/101 et seq.)
REAL estate tax relief for not-for-profit corporations By Mary Nicolau State and Local Taxation, November 2002 Cook County offers a special classification for real estate tax assessment for properties owned by not-for-profit corporations.
“Realizing the Small Firm Advantage” conference set for Valpo May 30 ­ June 1 By Stephen M. Terrell General Practice, Solo, and Small Firm, April 2002 Register now for the 2002 Midwest Solo & Small Firm Success Conference to be held May 30, 31 and June 1 at Valparaiso University School of Law.
Recent 7th circuit decisions of interest By Joseph G. Bisceglia & Chaka M. Patterson Federal Civil Practice, April 2002 In a case of first impression, in Davis v. Ruby Foods, Inc., 269 F.3d 818 (7th Cir. 2001), the Seventh Circuit reversed a district court's dismissal of a pro se Title VII complaint for sexual harassment, holding that even a complaint that contains extensive superfluous matter satisfies the pleading requirements of a short and plain statement as set forth in Rule 8 of the Federal Rules of Civil Procedure.
Recent activities before the WTO raise new questions about international protection for intellectual property rights By Doris Estelle Long Intellectual Property, October 2002 Recent "losses" by the United States before the World Trade Organization (WTO) have revived concerns about the desirability of subjecting domestic intellectual property law to international dispute resolution processes.
Recent amendments to the Illinois Supreme Court rules By Michele M. Jochner General Practice, Solo, and Small Firm, June 2002 In recent months, the Illinois Supreme Court has made significant amendments to several of its rules.
Recent appellate court decisions State and Local Taxation, November 2002 The following cases are available on our Web site.