Articles From 2002 | Illinois State Bar Association

Substitution of judge—supplemental update By Thomas F. Hartzell General Practice, Solo, and Small Firm, May 2002 In the January, 2002, issue of the General Practice Solo and Small Firm newsletter, I wrote an article concerning substitution of Judge.

Summary of FCC satellite dish regulations affecting condominium/homeowner associations By Allan Goldberg Real Estate Law, April 2002 The Telecommunications Act of 1996 directed the Federal Communications Commission ("FCC") to issue regulations that prohibit restrictions that impair a viewer's ability to receive video programming services through devices designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service, or direct broadcast satellite services.

Summary: In re Marriage of Street court must consider income and assets of payee’s new spouse By David N. Schaffer Family Law, June 2002 In Re Marriage of Street, 325 Ill. App.3d 108, 756 N.E. 2d 887 (3rd Dist. 2001), is one of a trend of cases that permit the court to look at the income and assets of a new spouse when considering support awards or modifications thereof.

Supervision and CDL: serious traffic violations—A trap for the Inexperienced Practitioner By Louis A. Bern Traffic Laws and Courts, July 2002 The Uniform Commercial Driver's License Act (UCDLA), 625 ILCS 5/6--500 et. seq. has substantially limited the availability of supervision as a sentencing alternative for most, if not all, moving violations committed while operating a commercial motor vehicle (CMV).

Supreme Court amends rules By Michele M. Jochner Bench and Bar, January 2002 Recently, the Illinois Supreme Court has made significant amendments to several of its rules.

Supreme Court approves expansive random drug testing of students By Steve Rittenmeyer Education Law, November 2002 In one of its final decisions of the 2002 term, the U.S. Supreme Court, by a 5-4 majority, found constitutional a public school district program compelling all students who participate in any extracurricular activity to submit to a wide range of drug screening procedures, including random testing

Supreme Court clarifies Americans With Disabilities Act By Michael R. Lied Labor and Employment Law, July 2002 A Toyota Motor Company employee claimed to be disabled from performing assembly line duties by virtue of Carpal Tunnel Syndrome and other impairments.

Supreme Court considering plant patent issue By Thomas A. Jennings Agricultural Law, January 2002 On October 3, 2001, the Supreme Court heard oral arguments in Pioneer Hi-Bred International, Inc. v. J.E.M. Ag Supply, Inc. 99-1996 to determine whether patents on Pioneer genetically engineered seed corn were valid under Title 35, section 101 of the United States Code.

Supreme Court declares grandparent visitation statute unconstitutional By Richard W. Zuckerman Family Law, August 2002 On April 18, 2002 the Illinois Supreme Court, in an opinion written by Justice Thomas R. Fitzgerald, settled once, and possibly for all, the issue of judicially mandated grandparent, great-grandparent and sibling visitation when it declared unconstitutional sections 607(b)(1) and (3) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/607).

Supreme Court dismisses aging disparate impact suit Elder Law, June 2002 The U.S. Supreme Court recently dismissed a case holding that disparate impact suits are not permitted under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621.

Supreme Court extends reach of hostile environment claims By Jill P. O’Brien & David Manjarres Labor and Employment Law, October 2002 Earlier this year the Supreme Court issued an important decision limiting the period of time in which a plaintiff may complain of discrete acts of discrimination, but extends the time period in which a plaintiff may complain of a hostile environment.

Supreme court finds courier drivers to be employees, not independent contractors: is the decision valid under current transportation law? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2002 The Illinois Supreme Court has resolved the latest battle over whether drivers who lease their autos to courier or messenger companies are either employees or independent contractors in Illinois unemployment compensation cases before the Illinois Department of Employment Security ("IDES") in AFM Messenger Service Inc. v. IDES, No. 89984 (11/20/01).

The Supreme Court goes to the “Waffle House” By Lee Beneze Elder Law, June 2002 In the case of Equal Employment Opportunity Commission v. Waffle House, Inc. (No. 99-1823, January 15, 2002), the United States Supreme Court ruled that the federal Equal Employment Opportunity Commission (EEOC) was not prohibited from filing its own action against the employer on behalf of an employer who had signed an employment contract which included an arbitration clause.

Supreme Court limits rights of illegal aliens in U.S. workplace By Joy A. Roberts & Vickie Gillio Administrative Law, October 2002 In a recent precedent-setting case, the U.S. Supreme Court held the National Labor Relations Board (NLRB) does not have discretion to award backpay to an illegal alien who was never legally authorized to work in the United States, as it would unduly infringe upon explicit statutory prohibitions critical to federal immigration policy, as expressed in the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. 1324a.

Supreme Court rules on spousal impoverishment determination standards Elder Law, June 2002 The U.S. Supreme Court has decided a case involving the "spousal impoverishment" provisions of Medicaid eligibility for people in nursing homes who have spouses living in the community.

Surface Transportation Board exempts non-carrier acquisition of railroad property Energy, Utilities, Telecommunications, and Transportation, August 2002 Surface Transportation Board (Board) Chairman Linda J. Morgan announced on May 22, 2002 that the Board has issued a decision granting the Utah Transit Authority's (UTA) motion to dismiss, as unnecessary, UTA's verified notice of exemption from Board regulation to acquire almost 63 miles of the Union Pacific Railroad Company's (UP) railroad right-of-way and certain related improvements located in Davis, Webster, Salt Lake and Utah Counties, Utah.

Surface Transportation Board issues decisin on use of arbitration to resolve disputes Energy, Utilities, Telecommunications, and Transportation, June 2002 Surface Transportation Board (Board) Chairman Linda J. Morgan announced various steps the Board has taken to address the appropriate role of arbitration in resolving disputes involving railroad matters on May 22, 2002.

Surface Transportation Board proposes new procedures Energy, Utilities, Telecommunications, and Transportation, October 2002 Surface Transportation Board (Board) Chairman Linda J. Morgan announced on September 3, 2002 that the Board is instituting a proceeding to amend its regulations to further expedite the resolution of large railroad rate challenges that come before it.

Survey of State and Local Taxation Section Council State and Local Taxation, November 2002 Please respond to the following questions. Please send your comments either by e-mail (e-mail address: maconnelly@kennedytaxappeals.com), fax (312) 641-0014 or mail Suite 2901, 180 North LaSalle Street, Chicago, Illinois 60601. Thank you.

Suspensions and revocations for fraudulent or altered identification cards, permits and licenses By Edward M. Maloney Traffic Laws and Courts, May 2002 Parents send off their children to college with great pride and a certain degree of apprehension.

Sycamore police peer jury program By Steve Cook Child Law, February 2002 Thirteen-year old Mike stands in front of a group of kids telling them how he shoplifted at the local grocery store.

“Taking the Fifth” at an administrative hearing By Rosalyn B. Kaplan Government Lawyers, December 2002 During contested cases before administrative tribunals, it sometimes happens that a witness refuses to testify on the ground that his answer might tend to incriminate him.

Tax procedure update By Thomas F. Arends Federal Taxation, November 2002 Introduction: The following update is a summary of selected topics on IRS tax collection procedure and representation issues presented and discussed at the Federal Taxation Section's Federal Tax Conference recently held in Chicago and Bloomington, Illinois.

The tax treatment of tenant-in-common ownership interests in a like kind exchange is now the subject of a recently issued revenue procedure By Edward J. Hannon & Elizabeth S. Tenney Federal Taxation, June 2002 On March 20, 2002, the Internal Revenue Service (IRS) issued Revenue Procedure 2002-22, which sets forth the conditions under which the IRS will consider a request for private letter ruling on the issue of whether an undivided fractional interest in real property qualifies as qualifying replacement property for purposes of the tax-free like kind exchange rules of Code Section 1031.

Taxes for the general practitioner By Thomas F. Hartzell Agricultural Law, January 2002 Every member of our firm does income taxes and three members do Federal and State of Illinois estate tax returns.

Teacher certification and the implications of the Corey H. decision By Michael J. Hernandez Education Law, May 2002 The 2000/2001 school term marked the first full year of implementation for Public Act 91-102, 105 ILCS 5/21-14, also known as the "Teacher Certificate Renewal Law."

TechnoLawyer.com: Equipping the small law office for less than $10,000 By Jeffrey S. Lisson Legal Technology, Standing Committee on, December 2002 This is Part Two of a three-part series that discusses what you need and don't need, when to cut corners, and when to go all out when equipping a solo or small law office for under $10,000. In Part 1, Jeffrey outlined the hardware required for this endeavor.

TechnoLawyer.com: Equipping the small law office for less than $10,000 By Jeffrey S. Lisson Legal Technology, Standing Committee on, October 2002 Technology is an amazing thing. It's also confusing and expensive. It takes time to figure out what you need, and to earn the money to buy it.

Ten commandments for your practice By Patrick E. Ward General Practice, Solo, and Small Firm, August 2002 When I first began the practice of law in 1970, it was common for older attorneys and judges to impart their wisdom to us youngsters.

Termination of H-1B workers By Jacqueline Lentini McCullough International and Immigration Law, September 2002 With a downturn in the economy upon us, many companies have no choice but to terminate some workers.