Message from the Chair: Global IllinoisBy Mark E. WojcikInternational and Immigration Law, June 2005We who live here in Illinois may sometimes forget that our state has important connections to international law, international politics, and the international institutions that facilitate trade and business in the global economy.
Message from the Chair: Let the debate continueBy Robert E. WellsAlternative Dispute Resolution, May 2005This Section Council looks forward to a healthy dialogue regarding the "best" style of mediation. Hopefully, the "debate" of this topic will expand our understanding of the dynamics of mediation and enhance our abilities and capabilities.
Message from the Chair: The importance of international lawBy Mark E. WojcikInternational and Immigration Law, March 2005Classes have begun at The John Marshall Law School, where this semester I am teaching a course in Public International Law and another course in International Criminal Law.
The MMPI-Medical examination or not?By Lorna K. GeilerLabor and Employment Law, July 2005In a recent case, Karraker v. Rent-A-Center, 2005 W.L. 1389443 (7th Cir. 2005), the use of the Minnesota Multi-Phasic Personality Inventory (MMPI) was addressed by the 7th Circuit Court of Appeals.
The most important person in the courtroomBy Steven C. PerlisElder Law, November 2005Mrs. E reminded everyone that she was the most important person in the courtroom. Indeed one might ask why it sometimes seems to take somebody as feisty as Mrs. E to remind us of that?
Moving as the non-movantBy Anthony LongoTort Law, June 2005Time is the great enemy of all people, and lawyers are no exception. Often in litigation, a primary goal of your client is to move things along quickly, rather than at a pace dictated by other parties.
The National Women’s Health Information CenterBy E. Lynn GraysonWomen and the Law, May 2005The National Women's Health Information Center offers women's health resources and materials for consumers and medical professionals.
New amendments to the Open Meetings Act require Web site postingBy Galen T. CaldwellGovernment Lawyers, September 2005Public Act 94-028, effective January 1, 2006, amends the Open Meetings Act (5 ILCS 120/1 et seq.) to require that: (1) notices; (2) agendas; and (3) minutes of regular meetings of a public body be posted on the public body’s Web site.
New carpeting trips up the defenseBy James M. ByrnesWorkers’ Compensation Law, June 2005In Tinley Park Hotel & Convention Center d/b/a Holiday Inn v. Industrial Commission, 826 N.E.2d 1043; 292 Ill.Dec. 607 (2005), the Appellate Court, First District, affirmed the Commission's finding the claimant proved her injuries arose out of her employment.
The new currency control regulations in RussiaBy Yevgeniy Tregubenko & Maxim SavostianovInternational and Immigration Law, November 2005The new Law on Currency Control (hereinafter - “the Law”) was adopted by the State Duma (the lower house of the Parliament) on 21 November 2003.
New Grain Insurance Fund provisions may affect your clientsBy Jeffrey A. MolletAgricultural Law, July 2005Effective July 1, 2005, certain new provisions of the Illinois Grain Code went into effect which require assessment payments by various parties in or associated with the grain industry here in Illinois.
New Illinois laws affecting human rights: A selected survey of recent legislation approved in IllinoisBy Mark E. WojcikHuman and Civil Rights, September 2005One of the more important functions of each section council involves the review of legislative proposals submitted to the state (and sometimes federal) legislature. Section council members review and comment on proposed legislation, drawing upon the council's collective wisdom and experience in the field of human rights.
New Illinois workplace legislationBy Michael D. GiffordLabor and Employment Law, October 2005The Illinois General Assembly has imposed several new mandates on employers during this past legislative session.
New law encourages electronic recording of custodial interrogations of juvenilesBy John GleasonChild Law, July 2005Beginning July 18, 2005, police and prosecutors will need to make an electronic recording of their custodial interrogation of a juvenile, if they want to ensure that evidence of the juvenile's statements will be admissible to establish guilt at a trial or delinquency hearing.
New proposed regulations clarify military leave lawBy Mike FischerCorporate Law Departments, January 2005In the three-plus years since 9/11, more than 420,000 U.S. soldiers have been mobilized-with more than one half of them having already gone through demobilization and returning home.
The new Servicemembers Civil Relief ActBy Mark E. SullivanFamily Law, July 2005With the conflict in Iraq continuing to place heavy demands on the nations armed forces, more and more National Guard and Reserve servicemembers (SMs) are being called to duty.
The new statutory Residential Tenants’ Right to Repair ActBy Jack H. TibbettsReal Estate Law, June 2005The ISBA Real Estate Law Section Council this year worked with legislative leaders and their staff to draft a new statute to create a limited right for residential tenants to deduct from rent the cost of repairs required by the lease or law.
News you can useBy Marc Christopher LoroGovernment Lawyers, February 2005A Sangamon County judge has entered an order that enjoins the Illinois Department of Children and Family Services (DCFS) from using lay persons to represent it at its administrative hearings.
No repetitive requirement for repetitive trauma accidentBy Melissa L. McEndreeWorkers’ Compensation Law, June 2005The Second District Appellate Court addressed the definition of repetitive trauma, specifically whether the activity must be perform on a regular or consistent basis.
No standing to challenge daughter’s required Pledge of AllegianceBy Patrick E. WardGeneral Practice, Solo, and Small Firm, May 2005We were awaiting the ruling on whether the phrase "under God" as part of a required recitation of the Pledge of Allegiance violated the Establishment and Free Exercise Clauses of the First Amendment to the United States Constitution as it applied to the States by incorporation into the Fourteenth Amendment.
Nonprofit, for-profit, and government hospitals: Uncompensated care and other community benefitsHealth Care Law, June 2005Before 1969, IRS required hospitals to provide charity care to qualify for tax-exempt status. Since then, however, IRS has not specifically required such care, as long as the hospital provides benefits to the community in other ways. Seeking a better understanding of the benefits provided by nonprofit hospitals, Congress requested that GAO examine whether nonprofit hospitals provide levels of uncompensated care and other community benefits that are different from other hospitals.
Not a happy Halloween for the City of PeoriaBy Thomas A. BrunoBench and Bar, December 2005R & A Productions Inc. v. City of Peoria, Illinois, Case No. 03-1057 filed October 31, 2005 On Halloween this year Judge John A. Gorman, United States Magistrate Judge for the Central District of Illinois, sitting in Peoria, ruled in favor of Mulligan’s, a Peoria bar, on a summary judgment motion regarding whether Mulligan’s could hold “wet T-shirt” competitions despite Ordinance 3-14, which prohibited such entertainment in non-licensed venues.
Not my job: The duty of third parties to assert exemptions on behalf of judgment debtorsBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, July 2005Attorneys for banks and other creditors often find themselves asked by their clients whether they, as third-party respondents to a collection proceeding, have a duty to assert exemptions on behalf of their customers.
A note from the co-editorBy Mary Ann ConnellyState and Local Taxation, August 2005Best wishes to ISBA Managing Editor Katie Underwood and Shawn Johnson on their wedding this month. We wish you a future filled with happiness.