Section Newsletters

Articles From 2003

Inside Administrative Law, April 2003 This issue begins with Part One of a two-part article by Section Council member Marc Loro, an employee of the Illinois Secretary of State's Office.
Insights into career moves by women lawyers By E. Lynn Grayson Women and the Law, September 2003 A recent study reported in Recasting the Brass Ring: Deconstructing and Reconstructing Workplace Opportunities For Women Lawyers (29 Capital University Law Review 923 (2002)) shows women move more often than men, women move earlier in their careers than men and women are more likely than men to make moves characterized as horizontal or even downwards.
Insurance coverage for negligent and intentional injuries By Martin A. Dolan & Joseph P. Shannon Tort Law, February 2003 In any tort injury or civil rights claim, it is imperative that the plaintiff's attorney identify any and all liability insurance policies that may apply to the claim.
Insurance issues in Illinois construction litigation By Marlene A. Kurilla Insurance Law, December 2003 It is very common for an additional insured to tender a claim made against it to all of its potential insurers.
Insurance write-offs and the collateral source rule By Douglas Rallo Workers’ Compensation Law, April 2003 In contracts between health care providers and health insurance carriers, providers often agree to certain fee schedules by which they accept as full payment less than the amount billed to the patient.
Insurer uses termites to pursue home seller By Gary R. Gehlbach Real Estate Law, October 2003 Evidence that sellers of a residence concealed active termite infestation was sufficient for the buyers' homeowners' insurance company to collect from the sellers.
International trademark protection: A brand new way in the U.S.A. By Pradip K. Sahu International and Immigration Law, May 2003 On November 2, 2002, President Bush signed into law the legislation that will make the United States a member of the Madrid Protocol for the International Registration of Marks (The Madrid Protocol).
IOGA leads opposition to proposed amendment to Drilling Operations Act Mineral Law, June 2003 Senator Larry Woolard, (D) Carterville, has sponsored legislation that would amend the Drilling Operations Act to allow surface owners who own no minerals to seek compensation for "diminution in value" of their property.
IRS excess benefit penalties for non-profit public charities By Donna F. Hartl Federal Taxation, January 2003 Many of us from time to time have had experiences of varying degrees with non-profit organizations.
IRS temporarily halts off-road tax proposal* Mineral Law, May 2003 HOUSTON--The Internal Revenue Service has at least temporarily halted its attempts to impose federal retail excise taxes on nonfarm equipment used by the oil and gas drilling and well servicing industries, reports the Association of Energy Service Companies.
Is a juror an employee of the county? By Richard D. Hannigan Workers’ Compensation Law, April 2003 The appellate court of Illinois Third District answered that question in the negative.
Is good help hard to find? Split-dollar life insurance arrangements can help By Bart A. Basi Federal Taxation, January 2003 Life Insurance rates continue to go up, and let's face it, none of us are getting younger.
Is it “property acquired in exchange for?” By Anne M. Martinkus General Practice, Solo, and Small Firm, July 2003 Section 503 of the Illinois Marriage and Dissolution Act, 750 ILCS 5/503, provides that property acquired in exchange for property acquired before the marriage or in exchange for property by gift, legacy or descent is non-marital property.
Is it time to modify the Small Estate Affidavit Act? By Daniel C. Hawkins Elder Law, June 2003 Under Illinois law, the beneficiaries of a decedent's estate can avoid probate and use small estate affidavit to transfer assets provided the gross value of the decedent's entire personal estate, including the value of all property passing to any party, either by intestacy or under a will does not exceed $50,000.
Is there a Limited Liability Entity in your future? By Donald E. Weihl Law Office Management and Economics, Standing Committee on, June 2003 Illinois has become the 50th state to adopt rules allowing Limited Liability Entities to practice law in Illinois.
ISBA member and WBAI President Elizabeth Budzinski appointed as Associate Judge in Circuit Court of Cook County By Susan M. Witt Racial and Ethnic Minorities and the Law, December 2003 Elizabeth M. Budzinski, well known to many within the ISBA , was appointed Associate Judge in the Circuit Court of Cook County on April 22, 2003.
ISBA Young Lawyers Division represented at ABA annual meeting By Patrick J. Morley & Alvin Ratana Young Lawyers Division, December 2003 On August 8 and 9, 2003, the American Bar Association's Young Lawyers Division (YLD) Assembly convened at the ABA annual meeting in San Francisco. Four members of the ISBA Young Lawyers Division represented the ISBA.
Issues relating to toxic mold By Margery Newman Real Estate Law, August 2003 Frequently, in the construction industry, a "hot issue" overtakes the industry. The latest "hot issue" is mold-related lawsuits relating to residential and office buildings.
It’s in the mail: The clock is ticking! By J.A. Sebastian General Practice, Solo, and Small Firm, November 2003 The Illinois Supreme Court has clarified Section 3-103 of the Illinois Administrative Review Law (“ARL”) (735 ILCS 5/3-101 through 3-113), holding that the 35-day period for filing a complaint of an administrative agency decision starts when the decision is mailed, not when the decision is received in Nudell v. Forest Preserve Dist. of Cook County.
It’s the little things that count: software utilities to make your system hum By Nerino J. Petro, Jr. Legal Technology, Standing Committee on, April 2003 Man cannot live on bread alone and a lawyer can't survive without utility programs. What am I talking about? Let's start by defining the three broad categories of software:
“I’ve Been Taking Care of Business & Working Overtime” - Bachman-Turner Overdrive (1976) By Matt Maloney General Practice, Solo, and Small Firm, December 2003 I don’t know if Canadian singer/composer/musician Randy Bachman ever went to law school. His synopsis of how things go on a daily basis seems to mirror life in general.
The John Marshall Law Review Symposium: Expert panelists discuss the future of employee benefits law By Milan Kim Employee Benefits, January 2003 On October 11, 2002, the John Marshall Law School held a law review symposium entitled: The Future of Employee Benefits Law.
The journey from lawyer to judge By James D. Wascher Bench and Bar, January 2003 When Supreme Court Justice Thomas R. Fitzgerald swore me in as a Judge of the Circuit Court of Cook County in June of 2001, I thought that I knew exactly what to expect, based on more than 20 years of experience as a trial attorney, but the surprises and challenges of judicial service began the very next day.
Judicial general election By Hon. Dennis M. Dohm Bench and Bar, March 2003 The results of the November 5, 2002, general election are now in. Candidates running for judicial office who were elected are listed below with their party affiliation and city of residence.
Judicial retention election By Hon. Dennis M. Dohm Bench and Bar, March 2003 The 1970 Constitution, Article VI, section 12(d), provides that an elected judge may seek to be retained in judicial office upon expiration of the judge's term office.
Jump start your job search: Three surefire ways to re-energize your networking efforts By Lisa L. Abrams Young Lawyers Division, February 2003 Chances are your car isn't the only thing that could use a jump start in February. Your job search could probably use an infusion of energy, too.
A justice gone awry By Randy Wilt Racial and Ethnic Minorities and the Law, December 2003 As an attorney, the dispute in Alabama involving the monument to the Ten Commandments raised concerns that have nothing to do with the separation of church and state.
Juvenile justice bills passed—Spring 2003 Child Law, September 2003 8/12/03--The following bills passed the legislature this past spring. Most have been signed and some are waiting for the Governor's signature.
Labor department proposes new rules for determining whether an employee is exempt from overtime By Jill P. O’Brien Labor and Employment Law, June 2003 The U.S. Department of Labor has proposed new regulations altering the rules under which it determines whether or not employees are entitled to receive overtime pay for hours worked in excess of 40 in a work week
Landeros and the use of affidavits in the resolution of motions for summary judgment By Russell W. Hartigan Civil Practice and Procedure, November 2003 Affidavits have long played an important role in civil litigation. In Landeros v. Equity Property and Development, the appellate court of Illinois has confirmed that lawyers must comply with the applicable rules of civil procedure in preparing affidavits for use in opposing a motion for summary judgment.