Section Newsletters

Articles From 2004

From the Editor By Susan M. Brazas Racial and Ethnic Minorities and the Law, November 2004 (Notice to librarians: The following issues were published in Volume 14 of this newsletter during the fiscal year ending June 30, 2004: September, No. 1; December, No. 2; March, No. 3; May, No. 4.)
From the editor By James K. Weston Mineral Law, August 2004 This edition includes an update for several legislative initiatives that will either affect mineral law or have general application.
From the editor By James K. Weston, Sr. Mineral Law, June 2004 This edition includes an update for several legislative initiatives that will either affect mineral law or have general application.
From the editor By James K. Weston, Sr. Mineral Law, March 2004 This edition includes several legislative initiatives that will either affect mineral law or have general application.
From the editors Business and Securities Law, October 2004 In this edition of the newsletter, we bring you an article that discusses the new filing requirements under SEC Form 8-K.
From the editors Trusts and Estates, October 2004 This edition of the newsletter marks a partial change in the editorial guard: Mark Zumdahl of Sterling has accepted a leadership role in the Section Council and sadly has edited his last piece for now.
From the editors Trusts and Estates, June 2004 We have several thought-provoking articles in this month's issue. Phil Koenig of Rock Island discusses will and trust clauses concerning payment of the decedent's debts.
From the editors By Susan M. Witt Racial and Ethnic Minorities and the Law, March 2004 Vickie A. Gillio and I are pleased to serve as co-Editors for this year's newsletter of the ISBA Standing Committee on Minority and Women Participation.
From the editors Trusts and Estates, February 2004 This issue has two important articles. The first is authored by Susan Kubar, of Quarles & Brady, from Naples, Florida, submitted by Section Council Member Tom Polachek.
The future of the profession: The affordable trial— fresh perspectives needed By John T. Phipps General Practice, Solo, and Small Firm, November 2004 I know "it's California," but reading in the newspaper that prospective jurors in the Robert Blake murder trial are expected to spend five months hearing evidence while reading at the same time stories about the ongoing Scott Peterson murder trial raises serious questions about the future of jury-are we going into overkill-trials.
The future of the World Trade Organization …? By Nick Lewis International and Immigration Law, December 2004 This past September, the World Trade Organization (WTO) Summit in Cancun, Mexico, took place.
Garnishments of participant’s account in ERISA qualified plan to collect a federal criminal fine is not prohibited by the anti-alienation provision By Leasa J. Baugher Employee Benefits, September 2004 On July 23, 2003, the Internal Revenue Service issued a private letter ruling deciding that a court order permitting the garnishment of the individual's 401(k) plan account balance to satisfy the individual's fine in a criminal case would not violate IRC § 401(a)(13).
General Accounting Office-Specialty hospital studies Health Care Law, March 2004 Editor's Note: The recent emergence of so-called "specialty hospitals," most of which are for-profit ventures with significant physician ownership and involvement, has generated controversy as well as litigation in several states including Arkansas, Ohio, and South Dakota.
General Assembly legislatively overrules Ryan v. Agpro By Jorge Mihalopoulos Environmental and Natural Resources Law, November 2004 In January of 2004, the Appellate Court of Illinois for the Second District decided Ryan v. Agpro, Inc., 345 Ill. App. 3d 1011, 803 N.E.2d 1007, 281 Ill.Dec. 386 (2nd Dist. 2004).
Gerwin v. Livingston County Board1: The Open Meetings Act and its impact on hearings By Lisle A. Stalter Environmental and Natural Resources Law, June 2004 American Disposal Services operates a landfill in unincorporated Livingston County, near Pontiac, Illinois.
Getting and keeping clients By John L. Nisivaco Young Lawyers Division, December 2004 As you know, attorneys licensed to practice law in Illinois are governed, in part, by the Rules of Professional Conduct (RPC).
Getting and keeping clients By John L. Nisivaco Young Lawyers Division, October 2004 Although attorneys are busy with their current cases, the importance of generating future business should never be underestimated.
Getting and keeping clients By John L. Nisivaco Young Lawyers Division, August 2004 Most lawyers understand the importance of networking, but they aren't sure how to do it.
Getting old-school on spam: California Supreme Court rules that mass e-mails from ex-employee are not trespass to chattels By Joseph F. Marinelli & Daniel J. Schwartz Intellectual Property, June 2004 Here is the scenario: Company fires employee. Disgruntled ex-employee spawns nasty e-mail campaign sending anti-company messages to current employees at their work e-mail addresses.
Government Accountability Office-CMS needs additional authority to adequately oversee patient safety in hospitals Health Care Law, October 2004 Hospitals accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) are considered in compliance with Medicare participation requirements.
Government lawyer honored as Laureate by the Academy of Illinois Lawyers By Marc Christopher Loro Government Lawyers, March 2004 On March 3, 2004, retired First Assistant State Appellate Defender Patrick J. Hughes, Jr., will be inducted into the Academy of Illinois Lawyers as one of 12 distinguished Laureates in the 2004 class.
Governmental ethics: Public Acts 93-615 & 93-617 By Phillip B. Lenzini Human and Civil Rights, February 2004 In its zeal to close the door after the horses have left the barn, the Illinois General Assembly has created Public Act 93-615, the State Officials and Employees Ethics Act, and Public Act 93-617, an act in relation to governmental ethics.
Governor Rod Blagojevich signed Senate Bill 2238 into law on July 16, 2004 By Laura Kotelman Insurance Law, December 2004 First, in provisions pertaining to the limits of liability for an insurer providing underinsured motorist coverage, it deletes the sentence that provides that the maximum amount payable by the underinsured motorist coverage carrier shall not exceed the amount by which the limits of the underinsured motorist coverage exceeds the limits of the bodily injury liability insurance of the owner or operator of the underinsured motor vehicle.
Governor signs education governance reform legislation By Phil Milsk Education Law, October 2004 On September 14, 2004, Governor Blagojevich signed SB 3000, now Public Act 93-1036, into law, effective immediately.
Governor signs package of dropout and truancy prevention bills Education Law, October 2004 On July 23, 2004, the Governor signed a package of bills intended to address the problems of high dropout rates and truancy in Illinois schools.
Grantor retained annuity trusts: The ideal estate planning vehicle for your clients? By Susan Kubar Trusts and Estates, February 2004 If you believe you have clients who would be interested in transferring assets to their children at a reduced tax cost, a grantor retained annuity trust, called a GRAT, is an ideal vehicle for you to recommend in today's low interest rate environment.
Gumma v. White-Application of the Doctrine of Collateral Estoppel in summary suspension proceedings By Larry A. Davis Traffic Laws and Courts, April 2004 Since the Supreme Court's decision in People v. Moore, 138 Ill.2d 162, 149 Ill.Dec.278, 561 N.E.2d 648 (1990), the courts have consistently held that the doctrine of collateral estoppel cannot be applied to bar re-litigation of an issue determined at a summary suspension hearing in the subsequent criminal DUI proceeding.
Happy trails? Immunity from wilful and wanton conduct for local public entities By Patrick M. Kinnally General Practice, Solo, and Small Firm, January 2004 The Illinois Supreme Court has provided interpretation of the scope and breadth of the Local Governmental Tort Immunities Act involving the safety of equipment provided by some school personnel to students. 
The hardline approach to Rule 216 By Jennifer L. Jacobs Bench and Bar, March 2004 As the result of recent case law, courts and attorneys alike are taking a closer look at the requirements of Supreme Court Rule 216.
Has Google™ gone loco? By Peter T. Boyd Young Lawyers Division, April 2004 Google has not gone loco, just local. Google Local™ is now alive and enables users to find local information along with business listings, maps, directions, and useful Web pages all through one easy-to-use search.