Section Newsletters

Articles From 2004

Inside Administrative Law, December 2004 This issue of the Newsletter begins with Section Council Chair Terry Shafter Freeman's delightful article about Section Council Vice-Chair Vickie Gillio.
Inside Administrative Law, October 2004 This issue begins with details concerning the electronic information seminar to be held on October 29, 2004.
Inside Administrative Law, September 2004 This issue of the newsletter includes wonderful articles about the past and the future practice of administrative law.
Inside Administrative Law, June 2004 The Chair’s column and the next four articles of this issue of the newsletter, the ninth and final issue for the 2003-04 Association year, all involve different subjects, but in one way or another all concern due process.
Inside Administrative Law, May 2004 Some statutes involving an administrative agency provide that potential relief for private persons can be sought solely by the agency, not by the injured party him/herself.
Inside Administrative Law, April 2004 The only intersection between administrative and judicial proceedings usually occurs at the point of judicial review.
Inside Administrative Law, March 2004 This issue contains two important articles, both by members of the Administrative Law Section Council. First, Illinois Property Tax Appeal Board attorney Terry Shafer summarizes a very fair decision of the First District Appellate Court that an administrative review proceeding was timely despite a technical violation of the seemingly mandatory Supreme Court rule regarding service of summons.
Inside Administrative Law, February 2004 This issue of the newsletter contains several treats. Section Council member Jim Chipman summarizes the new ethics legislation recently passed by the General Assembly and signed by the Governor.
Intentional infliction of emotional distress actions are viable after dissolution of marriage By Brian L. McPheters General Practice, Solo, and Small Firm, April 2004 The Illinois Supreme Court, in its opinion in Feltmeier v. Feltmeier, 207 Ill. 2d 263, 798 N.E.2d 75, 278 Ill. Dec. 228 (September 18, 2003), permitted an action for intentional infliction of emotional distress brought against a former spouse after a dissolution of marriage, based upon spousal abuse both during and after marriage.
Intercreditor agreements in mezzanine financing: advice for mezzanine lender’s counsel By David Neboyskey Real Estate Law, November 2004 Over the past several years, a new means of secured financing has risen to prominence in the financial marketplace.
The International Criminal Tribunal for the former Yugoslavia: Where is it now? By Martin McGrory International and Immigration Law, April 2004 There are four international criminal courts practicing substantive law today.
International stock ownership as a benefits strategy By Randy L. Gegelman & Amy Seidel Corporate Law Departments, February 2004 A significant number of multinational corporations have implemented broad-based stock ownership arrangements extending to their foreign employees.
International Union of United Auto., Aerospace and Agric. Implement Workers of America v. Rockford Powertrain, Inc.: The Seventh Circuit determines that “lifetime” welfare benefits to retirees are subject to termination under a reservation of right By Greg Madden Employee Benefits, May 2004 Seventh Circuit issued its decision in International Union of United Auto., Aerospace and Agric. Implement Workers of America v. Rockford Powertrain, Inc., 350 F.3d 698 (7th Cir. 2003), in which the Seventh Circuit addressed whether a district court erred in granting summary judgment in favor of an employer on the issue of whether the employer was contractually obligated to maintain retirement benefits for the life of its retirees and their surviving spouses.
Intestate transfer does not satisfy “otherwise given” for purposes of stock purchase agreement Trusts and Estates, October 2004 The issue decided in Opiela v. Roth was whether intestate succession equated to the term in the Agreement “otherwise given,” or whether intestate succession essentially was analogous to a failure to act.
Intestate transfer does not satisfy “otherwise given” for purposes of stock purchase agreement By Christopher M. Tietz & David A. Berek Trusts and Estates, September 2004 In Opiela v. Roth, decided June 17, 2004, the Illinois Supreme Court held that stock of a closely held company which was subject to a Stock Purchase Agreement (“the Agreement”) between the company and a decedent, was not given by the decedent on his death to his descendants through intestate succession, but rather remained subject to the Agreement, and accordingly the company was entitled to purchase the shares.
Intrastate removal of children following a divorce By Nancy Ann Ward & Darla A. Foulker Family Law, June 2004 It is very common after a divorce for a custodial parent to desire to move elsewhere in the State of Illinois to be closer to his/her family, to remarry, and/or for better career opportunities.
Introduction Workers’ Compensation Law, December 2004 This issue has been prepared by our Co-Editor, Carol A. Cesaretti of Brady, Connolly and Masuda.
Introduction Workers’ Compensation Law, March 2004 This newsletter should be retained by every lawyer practicing before the Industrial Commission as a part of their trial notebook.
An introduction to the Illinois General Assembly Web site By Mary Ann Connelly State and Local Taxation, February 2004 Recently, the local newspaper featured an article about a bill that would impact real estate taxes. How do we become aware of pending legislation?
IP notes Intellectual Property, June 2004 SUMMARY: Owners of motion pictures that have been published must submit copies of their movies to the Copyright Office for the Library of Congress to use and include in its collections.
Irrational application of otherwise valid administrative regulation violates substantive due process By Andrew Creighton Administrative Law, October 2004 Many public and private employers, especially those involved in law enforcement, have a zero-tolerance drug-free workplace policy.
IRS liaison update By Thomas F. Arends & Richard M. Colombik Federal Taxation, June 2004 As we have addressed in previous editions of the newsletter, the Federal Taxation Section Council has been active in various liaison conferences with representatives from the Internal Revenue Service. Mr. Thomas Arends and Mr. William Gasa of the Section Council currently serve as liaisons for the Section to the Internal Revenue Service.
Is a Frye hearing required to admit the results of HGN testing in DUI prosecutions? By Larry A. Davis Traffic Laws and Courts, December 2004 Practitioners in the field of DUI have known for a number of years that horizontal gaze nystagmus (HGN) testing has been held to be admissible for the purpose of establishing probable cause to arrest in the context of a petition to rescind a statutory summary suspension or motion to quash arrest without the necessity of conducting a Frye hearing.
Is an adverse action necessary to state a retaliation claim? By Shari R. Rhode Federal Civil Practice, May 2004 Burwell v. Pekin High School (Central District, Case No. 00-2 111), now on appeal to the 7th Circuit, is a Title IX sexual harassment and retaliation case brought by a senior at Pekin High School.
Is Customs the Grinch that stole Christmas? By Adrian Zeno International and Immigration Law, December 2004 Importers may have lost the benefit of importing a wide range of holiday-themed goods at duty free tariff rate. According to the Harmonized Tariff Schedule of the United States (hereinafter referred to as HTSUS), heading 9505 applies to "festive, carnival, or other entertainment articles," which include "articles for holiday festivities and parts and accessories thereof."
Is the Breathalyzer mouthpiece a foreign substance requiring a new 20-minute observation? Period? By Sean D. Brady Traffic Laws and Courts, April 2004 Is the Breathalyzer mouthpiece a foreign substance requiring a new 20-minute observation period? This issue was addressed in the case of People v. Wilhelm, 803 N.E.2d 1032, 281 Ill.Dec. 411 (2nd Dist. 2004).
Is your business relationship a franchise? It might be By Robin M. Spencer Corporate Law Departments, March 2004 Legal terms often have specialized meanings that can surprise even a sophisticated party. The term 'franchise,' or its derivative 'franchisee,' is one of those terms." To-Am v. Mitsubishi Caterpillar Forklift America, 152 F.3d 658, 659-60 (7th Cir. 1998).
ISBA Assembly adopts tribute to government lawyer fire victims Government Lawyers, March 2004 During the ISBA Assembly meeting held November 7, 2003, the following resolution was adopted to honor the memory of three government lawyers who died in a fire October 17, 2003, at the Cook County Administration Building.
ISBA Board Member Michele Jochner honored as one of “40 Under 40” By Susan M. Brazas Racial and Ethnic Minorities and the Law, November 2004 This Committee's ISBA Board of Governors Liaison, Michele M. Jochner of Chicago, has been named as one of "40 Illinois Attorneys Under 40 to Watch" for 2004.
ISBA International & Immigration Law Section Council strategic planning outline 2004 International and Immigration Law, May 2004 Increase participation in the Section Council