Section Newsletters

Articles From 2003

Notice of appointment of counsel By William A. Peithmann & Thomas G. Hattery Trusts and Estates, March 2003 Given the increasing awareness of privacy rights, more and more financial service firms and other providers are reluctant to discuss a client's affairs with counsel.
Novel settlement: A new trend? By Raymond T. Reott Agricultural Law, March 2003 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.
Now…what was I going to say? By Vicki Kunkel Young Lawyers Division, October 2003 Three words that can strike fear into the heart of nearly every person who has to do presentations: Drawing a blank.
Obiter dictum By John Readen, Jr. Racial and Ethnic Minorities and the Law, December 2003 Perhaps soon to be old news, the Alabama Supreme Court's recent run-in with the Ten Commandments is really not about what we read in the headlines.
OBRA 93 pay back trusts By Michael C. Wiedel Trusts and Estates, March 2003 The Fall 2002 Law Ed Presentation of the Trusts and Estates Section contained a segment on Special Needs Trusts and other devices that allow a needs-based recipient of Medicaid, SSI and other programs to receive the aid and still have the benefits of the provisions of these arrangements.
Odds and ends Trusts and Estates, August 2003 We have all encountered the frustrating delays in having employer identification numbers assigned for our estates and trusts. A more streamlined method is now available.
Office XP for law firms: A review By Adrienne W. Albrecht Legal Technology, Standing Committee on, February 2003 One day at the courthouse, I was complaining to a friend of mine that the secretaries in my office are always happy to use an automated document or spreadsheet after I took the time to create it, but would rarely go to the trouble of creating these forms themselves.
The oil and gas lease* By Ivan A. Elliott, Jr. Mineral Law, May 2003 Let's not get too technical. The Illinois Supreme Court said of an oil and gas lease, "A mining lease is a lease in fact as well as in name." People ex rel. Hargrave v. Phillips, 394 Ill. 119, 122, 67 N.E.2d 281 (1946).
Ombudsman By Hon. George S. Miller Bench and Bar, March 2003 A judge "berates and belittles" lawyers in open court. Another is often sarcastic and flippant.
One of our own to become Bar president By Claire A. Manning Women and the Law, September 2003 Irene Bahr, one of the founders of ISBA's Special Committee on Women and the Law, and a tenacious advocate of women's issues within the legal community, is to become President of ISBA in 2006.
One person’s trash is another’s treasure. . . By Annemarie E. Kill Young Lawyers Division, December 2003 How much used computer equipment do you have laying around the office or at home?
One person’s trash is another’s treasure… By Annemarie E. Kill Women and the Law, September 2003 How much used computer equipment do you have lying around the office or at home?
One picture is worth a thousand words By Matt Maloney Criminal Justice, May 2003 This is a time-tested concept that everyone understands. In the New World of covert and surreptitious surveillance, you never know when you might be photographed or recorded on live camera.
One size does not fit all By Gloria Petersen Young Lawyers Division, October 2003 Have you ever tried to wear a garment that was one-size-fits-all? It is a great idea, but people just do not fall into a one-size-fits-all category.
One-way streets: Making a case for civility By Alan G. Greer Young Lawyers Division, April 2003 These days it seems we are in danger of losing our civility as lawyers because far too many of us practice negative gamesmanship rather than positive professionalism.
Opening statement Family Law, April 2003 One of the most contentious areas of practice is in the determination of the custodian for children in dissolution proceedings.
Our youngest jurors—the Internet Generation By LaDonna Carlton Young Lawyers Division, June 2003 As attorneys enter the courtroom today they are beginning to see more and more young people in the venire.
Outline of three recent Supreme Court decisions on patent law (and more) By Eugene F. Friedman Intellectual Property, August 2003 I. Utility patents for plants--J.E.M. Ag Supply Inc. v. Pioneer Hi-Bred International Inc., 60 USPQ2d 1865 (2001)
Overstay your lease—Adverse posession? By James K. Weston Mineral Law, December 2003 Our Chair, Chris Weber, calls attention to a recent case from the Texas Supreme Court that presented an interesting twist to a landlord's suit for a finding that leases were terminated due to periods of non-production ranging from 30 to 153 days.
An overview of the recent “TIF” ruling in Board of Education v. Burr Ridge By Mary Nicolau State and Local Taxation, December 2003 For many communities, Tax Increment Financing ("TIF") plays an important role in luring developers to develop properties.
An overview of the whistleblower provisions of The Sarbanes-Oxley Act By Robert T. Bernstein & Jill P. O’Brien Labor and Employment Law, June 2003 The Sarbanes-Oxley Act, also known as "The Corporate and Criminal Fraud Accountability Act," was implemented to provide for sweeping reforms in both corporate governance and within the accounting industry.
Parking lot injury/lot not “provided for” by employer By Richard D. Hannigan Workers’ Compensation Law, April 2003 Whether an injury in a parking is compensable may depend upon whether the lot was "provided for" by the employer.
Penalties under HIPAA (Interim Final Rule) By Linda Shashinka Employee Benefits, October 2003 By now, the terms of the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA") are familiar to companies as they determine whether they qualify as regulated entities and, if so, how to comply.
Pending Illinois ADR legislation Alternative Dispute Resolution, April 2003 The following summaries describe bills recently introduced in the Illinois Legislature.
People v. Blaylock By Sandra Blake Criminal Justice, September 2003 In 1993, the defendant, Camerun Blaylock, was charged with six counts of home invasion and five counts of first degree murder. 
People v. Jackson By Kimberly L. Dahlen Criminal Justice, September 2003 In a case of first impression, the Illinois Supreme Court reversed the trial and appellate courts, holding that, in a criminal bench trial, the State may not introduce evidence relating to a witness' polygraph test "for a limited purpose" if that purpose had not been established prior to the admission of the evidence.
Permanent resident aliens may be detained prior to removal proceedings By Isaac J. Colunga International and Immigration Law, September 2003 Under the Immigration and Nationality Act, 8 U.S.C. § 1226, the Attorney General shall detain any alien who is removable from the United States where he has been convicted of a specified set of crimes.
Personal real estate and its uses in saving taxes By Robert Weber Trusts and Estates, March 2003 Which asset is usually the single highest valued asset in a person's estate? Real estate; that is, the taxpayer's residence
Personal versus enterprise goodwill in Illinois marital dissolution law: How can they be separated? By Christopher P. Casey Family Law, February 2003 Originating with the In re Marriage of Zells (1991) decision, the personal versus enterprise goodwill issue has steadily evolved through subsequent cases.
Persons owing non-tax debt to federal government are ineligible for most federal financial assistance By David Hoff Agricultural Law, November 2003 The Debt Collection Improvement Act of 1996 (DCIA), 31 U.S.C. § 3720B, bars a person owing a delinquent nontax debt to the federal government from receiving many forms of federal financial assistance, including direct loans (other than disaster loans) or loan insurance or guarantees from the United States Department of Agriculture.