Section Newsletters

Articles From 2002

Understanding the ABA international law Web site By Kate McDonough International and Immigration Law, June 2002 My assignment was to monitor the ABA Web site located at www.abanet.org. I found that the site was useful in some respects and not as much in others. The site had a location entitled, "Legislative and Governmental Priorities" which was located under the home page for the International Law Section.
Unemployment claim collaterally estopped By Phillip B. Lenzini Local Government Law, November 2002 On July 15, 2002, the appellate court (First District, Third Division) denied rehearing in the case of Village of Oak Park v. Illinois Department of Employment Security, 265 Ill.Dec. 580, 772 N.E.2d 951 (Ill.App.1 Dist. 2002).
Union management negotiations may create custom or practice for purposes of Fair Labor Standards Act By Michael R. Lied Labor and Employment Law, October 2002 In Bejil et al. v. Ethicon, Inc., 269 F.3d 477 (5th Cir. 2001), plaintiffs worked at a plant which manufactured surgical sutures and needles.
United Nations International Law Web page By Heather Ottenfeld International and Immigration Law, April 2002 The official United Nations ("UN") Web site (www.un.org) is a maze of resources that allows a visitor too easily link to the various areas of international law.
“Up the ladder” or “up the creek”? Environmental counsel and the strange new world of Sarbanes-Oxley By Phillip R. Van Ness Environmental and Natural Resources Law, December 2002 In an earlier edition of this newsletter, we advised readers that the environmental practitioner may find himself/herself entangled in the attorney regulatory rules to be promulgated by the Securities and Exchange Commission (SEC) in response to the so-called Sarbanes-Oxley Act of 2002 (Public Law No. 107-204) (the Act).
Upcoming Events Racial and Ethnic Minorities and the Law, August 2002 The Defense Research Institute will be holding its Annual Meeting in San Francisco at the Marriot this year from October 2nd to October 6th.
Upcoming events Alternative Dispute Resolution, February 2002 February 28- March 2, Savannah.
Upcoming events: By Hon. Edward J. Schoenbaum Alternative Dispute Resolution, November 2002 Sponsored by: The American Bar Association-Judicial Division and Section of Dispute Resolution and hosted by the Illinois State Bar Association - Bench and Bar Section and Alternative Dispute Resolution Section.
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, December 2002 This is a case that seeks to shift the responsibility of errant employees to banks instead of their employers.
An update on business and non-business income By John B. Truskowski State and Local Taxation, February 2002 The classification of a multi-state corporation's income as business or non-business income can have a significant impact on its overall state income tax liabilities.
An update on child support issues By Sharon Mobley Family Law, February 2002 The Illinois Appellate Court rendered two important decisions regarding child support payments­one favors child support obligees, and the other favors child support obligors.
Update on the future Hague Convention on International Jurisdiction and Foreign Judgments in Civil and Commercial Matters By Violeta I. Balan International and Immigration Law, December 2002 A decade ago, the United States proposed a convention that would make it easier to enforce foreign judgments.
An update on the Law Division in Cook County By Hon. William D. Maddux Bench and Bar, May 2002 There are approximately 25,933 cases pending in the Law Division of the Circuit Court of Cook County.2 A case filed in the Law Division today will take approximately 3 1/3 years or 39.30 months,
U.S. imposes new safety rules for motor carriers By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2002 The Federal Motor Carrier Safety Administration (FMCSA) of the United States Department of Transportation (DOT) has proposed an interim final rule to establish new minimum requirements for American and Canadian applicants for new motor carrier operating authority.
U.S. Supreme Court accepts certiorari in two trucking industry cases By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2002 The U.S. Supreme Court has accepted certiorari in two cases from the trucking industry.
U.S. Supreme Court rules tax lien effective against half of tenancy by the entirety property By Gary R. Gehlbach Real Estate Law, July 2002 In a decision decided April 17 of this year, the United States Supreme Court found that a person's interest in real estate as a tenant by the entirety with his wife was no bar to a federal lien against the husband's interest only.
The use of caregiver services contracts in Medicaid eligibility planning By Wesley J. Coulson Elder Law, June 2002 It is frequently the case that before someone enters a nursing home, that person receives home care from a spouse, child, or other family member.
Use the Styles By Todd H. Flaming Legal Technology, Standing Committee on, April 2002 What's so great about a modern word processor? WordPerfect 5.1 for DOS was a great program, and there was little reason to change it.
Using defined survey terms in farmland purchase agreements By Kenneth R. Eathington Agricultural Law, May 2002 Often times buyers and sellers will negotiate, as a condition of a contract for the purchase of farmland, the delivery of a survey.
Using exhibits for maximum impact By Edward R. Jordan Family Law, June 2002 We have all tried family law cases at one time or another. And in each of our trials, exhibits of one form or another have been used to persuade the trier of fact on some issue in the case.
Using the Illinois Landlord’s Lien After June 30, 2001 By Donald L. Uchtmann & D. K. Banner Commercial Banking, Collections, and Bankruptcy, March 2002 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.
The varying degrees of diligence used in locating and notifying non-custodial father of juvenile court proceedings involving their minor children By Linda Perez Child Law, February 2002 The Illinois Supreme Court has emphasized the constitutional nature of the right to notice, as well as the necessity of compliance with the formal notice requirements in the Illinois Juvenile Court Act.
Viatical scams and senior settlements Elder Law, October 2002 A viatical settlement is (or can be) a way for a terminally ill person to get money from his or her life insurance policy before he or she dies.
Vietnam competition law: Antitrust in the “socialist- oriented” market economy environment By Tuan A. Phung October 2002 Since the Renovation (called "Doi Moi" in Vietnamese) Policy was adopted in 1987, Vietnam is working hard to integrate its economy into the world economy, globalizing the country, so to speak.
View from the chair By Gary T. Rafool Commercial Banking, Collections, and Bankruptcy, March 2002 At the mid-year meeting of our section council, it was decided to have a meeting on February 21 at 7:30 a.m. in Springfield with Representative Jeffrey Schoenberg at the Renaissance Hotel.
View from the chair By Gary T. Rafool Commercial Banking, Collections, and Bankruptcy, February 2002 There has been a lot of discussion lately on unauthorized practice of law (UPL) by in-house counsel.
The virtual courtroom—An update By Richard L. Turner & Sanford Morganstein Legal Technology, Standing Committee on, December 2002 Imagine sitting in your office, contemplating matters to complete in pretrial discovery in a case pending in a county three hours away.
War crimes tribunals— 1948 revisited By James Stern Human and Civil Rights, June 2002 Before rushing to embrace any International Courts or Military Tribunals in dealing with "war criminals," it would be worthwhile to examine how these proceedings have performed in the past.
Wetland regulation since the demise of the “Migratory Bird Rule”—more muddy water? By William J. Anaya Real Estate Law, March 2002 * The Corps of Engineers' authority under the federal Clean Water Act was clearly limited by the U.S. Supreme Court in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 531 U.S.159, 121 S. Ct. 675 (2001), but, one year later, the regulatory boundaries are less clear now than before.
What constitutes a “prevailing party” for determining who pays attorney fees? An end to the catalyst theory andfee-shifting in light of the Buckhannon case By James E. Schrempf & Julie Harper Local Government Law, September 2002 Under the "American Rule," parties have historically been held responsible for paying their own attorney fees absent some particular statute, regardless of whether or not they prevailed in their claims