Section Newsletters

Articles From 2003

Protecting charitable gifts—A provision By Joseph Schuman Trusts and Estates, March 2003 The U.S. Department of Health and Human Services, through its Lawyer Education Project of the Division of Transplantation, is asking bar association leaders to inform members of the need for organ donations and tissue transplants.
Public sector employers and the FLSA’s salary test By Trisha Crowley Labor and Employment Law, February 2003 The Seventh Circuit Court of Appeals has recently issued an opinion with the most comprehensive discussion to date on the Department of Labor's regulation of the FLSA's salary test concerning deductions for partial-day absences for sickness or personal reasons.
QDROs—A problematic source of recovery of child support arrearages By Brian L. McPheters General Practice, Solo, and Small Firm, July 2003 Illinois courts now permit the recovery of support arrearages via Qualified Domestic Relations Orders (QDROs) pursuant to the authority of In Re Marriage of Thomas, 2003 Ill. app. Lexis 568, 789 N.E. 2d 821, 273 Ill. Dec. 647, issued May 5, 2003. Previously, QDROs were available for such purpose under the law of several other states, but the Thomas case from the appellate court of Illinois, Second District, presented the issue as a case of first impression in Illinois.
Railroad retirement/social security dual benefits: beware of overpayments By Larry Smith Elder Law, April 2003 A railroad pensioner's spouse dies. The spouse had paid a substantial amount into Social Security and had received a retirement benefit prior to death.
Reaching common ground: Increasing cooperation within the domestic relations community By Moshe Jacobius Bench and Bar, November 2003 Engaging in domestic relations litigation is a difficult and taxing endeavor. All of the participants in this process need to sustain a level of empathy toward other participants in the process.
Read for yourself: French and German cases translated on the Web By Shannon M. Shepherd International and Immigration Law, May 2003 The University College of London (UCL) has emphasized comparative law since its first law professor came on board in 1826.
Real judges By Harlington Wood, Jr. Bench and Bar, August 2003 My father was a lawyer in Illinois and for 16 years was an elected judge on the county court, a court of limited jurisdiction.
“Real Judges” By Harlington Wood, Jr. Federal Civil Practice, May 2003 My father was a lawyer in Illinois and for 16 years was an elected judge on the county court, a court of limited jurisdiction.
Reaping the benefits of a financial planner By Patrick Baldwin & Gary Stern Business Advice and Financial Planning, September 2003 By working with a trusted financial planner as a partner, you can strengthen your client relationships and provide more insight beyond developing and implementing estate plans.
Reasonable, not perfect, competence of counsel: Yarborough v. Gentry By J.A. Sebastian General Practice, Solo, and Small Firm, December 2003 In a succinct and instructive decision, the United States Supreme Court held, in a per curiam decision, in Yarborough v. Gentry, that the Sixth Amendment of the U.S. Constitution guarantees reasonable, not perfect, competence in counsel, on petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
Recent Appraisal Institute and IAAO publications offer a wealth of research material to assist property tax appeal attorneys in tackling problems confronting real estate impacted by contamination By Thomas A. Jaconetty State and Local Taxation, September 2003 Since 1999, four invaluable resource materials have become available to practitioners confronting the impact of environmental factors on property valuation.
Recent case Administrative Law, April 2003 A dispute regarding an agency's informal or advisory opinion letter may or may not be a regulatory conflict constituting a case or controversy
Recent cases By Paul E. Freehling Administrative Law, November 2003 Documents submitted by Illinois administrative agencies to the Illinois Attorney General pertaining to requests for Attorney General opinions are not necessarily exempt from disclosure under the Illinois Freedom Of Information Act (FOIA)
Recent cases By James J. Ahern Traffic Laws and Courts, May 2003 Three days following the defendant's arrest, he moved the court to preserve all transmissions by the Prospect Heights Police Communications Section for a period of 11/2 hours before his arrest, which occurred at 7:25 p.m. and for 21/2 hours after his arrest.
Recent cases of interest Administrative Law, March 2003 In re: Public Offering Fee Antitrust Litigation, 2002 U.S. App. LEXIS 25717, 52 Fed. Appx. 548 (2d Cir., 2002).
Recent cases of interest to in-house counsel By Frank M. Grenard Corporate Law Departments, September 2003 New cases affecting corporate lawyers.
Recent Clean Air Act developments By Eric E. Boyd Environmental and Natural Resources Law, June 2003 After two and a half years of litigation, the U.S. EPA recently issued Guidance on the Definition of Federally Permitted Releases for Certain Air Emissions.
Recent council activities Health Care Law, June 2003 Under provisions of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, restrictions have been place on access to health information, including patient medical records.
Recent decisions By James K. Say Trusts and Estates, December 2003 In re Estate of Georgia A. Muldrow, No. 1-02-1825, 2003 Ill. App. ____, (Ill. App. 1st Dist. October 10, 2003). Georgia Muldrow died on November 10, 2001.
Recent decisions By Mark E. Zumdahl Trusts and Estates, August 2003 If one has been in practice any length of time, the thorny issue of compensating family members for prior services rendered to a decedent has been encountered.
Recent decisions By James K. Say Trusts and Estates, March 2003 Recent cases of interest to practitioners.
Recent decisions Administrative Law, March 2003 Lockett again defeats an effort to obtain administrative review, even though the absence of a party to the administrative proceedings was not raised as a defense in the circuit court
Recent decisions in real estate tax cases By Timothy E. Moran State and Local Taxation, August 2003 Appellate court reversed decision of Department of Revenue (DOR) granting exemption for residence owned by church group and occupied by "ministry teacher."
Recent decisions in real estate taxes By Timothy E. Moran State and Local Taxation, November 2003 In the Matter of the Application of the County Treasurer et al v. Phoenix Bond and Indemnity Company, (Docket No. 1-02-2539) (Rule 23) Ill.App. (1st Dist.), decision issued July 24, 2003.
Recent developments: $26 million from Iran By Mike McCaskey & Michael S. Schimmel International and Immigration Law, March 2003 With rogue nations and the ever-increasing threat of terrorism against individuals and businesses, the law governing tort immunity applicable to Foreign States has been subjected to modifications based on global developments.
Recent DUI cases By Thomas M. Moran & James J. Ahern Real Estate Law, September 2003 Recent DUI cases.
Recent Illinois decisions By Mark E. Zumdahl Trusts and Estates, May 2003 The case of The Estate of William Henry v. St. Peter's Evangelical Church, 271 Ill. Dec. 855, decided by the Third Appellate District, is a case of first impression interpreting §15(b) of the Principal and Income Act. 760 ILCS 15/15.
Recent judicial appointments and retirements Bench and Bar, November 2003 1. The Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judges: • Mitchell Ware, Cook County Circuit, 8th Subcircuit, Reinstated, October 1, 2003; • David B. Atkins, Cook, County Circuit, 5th Subcircuit, October 8, 2003;   2. The circuit judges have appointed the following to be associate judges: • Ronald D. Sutter, 18th Circuit, August 21, 2003; • William P. Brady, 16th Circuit, October 30, 2002.    3. The following judge has deceased:
Recent judicial appointments and retirements Bench and Bar, August 2003 1. The Supreme Court, pursuant to its constitutional appointment authority, has appointed the following to be Circuit Judge:
Recent judicial appointments and retirements Bench and Bar, June 2003 The Supreme Court, pursuant to its constitutional appointment authority, has appointed the following to be Circuit Judges: