Section Newsletters

Articles From 2005

State of the Court Address—March 16, 2005 Prepared remarks of Chief Judge Charles P. Kocoras for delivery to the Federal Bar Association at Corboy Hall of the Chicago Bar Association Bench and Bar, May 2005 This article, reprinted with permission from the American Inns of Court and the Honorable Patricia C. Coffey, was originally published in the March/April 2005 issue of The Bencher, a bi-monthly publication of the American Inns of Court.
The state of the Illinois Real Estate Lawyers Association-2004 in review Real Estate Law, February 2005 I welcome this opportunity to address the membership in writing to summarize the activities of the Illinois Real Estate Lawyers Association during 2004.
State tax advisory: Recent significant changes in Indiana and Chicago tax law By Stanley R. Kaminski State and Local Taxation, October 2005 INDIANA - From Sept. 15, 2005 until November 15, 2005, Taxpayers can take advantage of Indiana’s new Tax Amnesty.
States’ efforts to maximize federal reimbursements highlight need for improved federal oversight Health Care Law, September 2005 The Medicaid program is designed to pay for health care services for the indigent.
Staying current Elder Law, March 2005 When meeting with "community spouses," make sure you are using the updated figures for the Community Spouse Asset Allowance and the Community Spouse Monthly Maintenance Needs Allowance.
Stoller strikes out: Attorney fees and cancellation against frequent litigant By Daniel Kegan Intellectual Property, October 2005 Trademark law is founded on protecting the consumer from source confusion and buying the wrong goods and services.
Stop the genocide in Darfur: Bribe the Chinese By Lydia Lazar International and Immigration Law, December 2005 You have to give the Bush administration’s deputy secretary of state Robert B. Zoellick credit: he certainly appears to be doing the best he can to stop the genocidal violence in Sudan’s Darfur region.
Stops along the information superhighway: Web sites on scams, frauds and urban legends By Lee Beneze Elder Law, March 2005 The Internet is the new medium of choice for the same con artists, scammers and hoaxers that are always with us and it has given them a whole new way to fleece the gullible and the innocent.
Strangi strikes again-The Fifth Circuit finds in favor of Service; assets transferred to Family Limited Partnership included in Decedent’s estate By David A. Berek Trusts and Estates, August 2005 The Fifth Circuit held in favor of the Service in Strangi v. Commissioner, (No. 03-60992, Jul. 15, 2005; 2005 WL 1660817) finding that assets transferred during the decedent's lifetime were includable in the decedent's estate under IRC section 2036(a)(1).
The Streamlined Sales Tax amnesty: To wait or not to wait, that is the question By Stanley R. Kaminski State and Local Taxation, March 2005 By the end of 2005, 10 or more states comprising 20 percent or more of the total population of the United States may be approved as fully compliant members of the Streamlined Sales and Use Tax Agreement ("SSUTA").
Substitution of judge-Second supplemental update By Thomas F. Hartzell General Practice, Solo, and Small Firm, February 2005 The case, In re: Estate of Helen Jean Gay v. Carolyn Hetrick, cites several other cases from Illinois concerning substitution of Judge and substantive rulings. It is a good reference guide.
Summary judgment By Gail L. Noll Federal Civil Practice, December 2005 Summary judgment is a powerful tool in civil litigation.
Summary judgment in the Southern District of Illinois By Tracy L. Prosser Federal Civil Practice, December 2005 Filing summary judgment motions in the District Court for the Southern District of Illinois is fairly straightforward.
Summary of commercial agency/distributorship law in Pakistan By Howard L. Stovall International and Immigration Law, January 2005 The Pakistani Contract Act 1872 (the "Contract Act") contains a special chapter on the relationship between agent and principal, broadly defining the terms as follows:
Summary of recent decision Administrative Law, December 2005 This summary was prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
Summary of recent decisions Administrative Law, November 2005 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
Summary of recent decisions Administrative Law, October 2005 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
Summary of recent decisions Administrative Law, August 2005 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.
Summary of recent decisions Administrative Law, June 2005 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.
Summary of recent decisions Administrative Law, March 2005 Recent cases of interest.
Summary of recent decisions Administrative Law, February 2005 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.
Superhero Syndrome By Heather M. Fritsch Young Lawyers Division, December 2005 It struck me the other day that every time I run into a practicing attorney I knew from law school (or another young attorney that I know well), the very first question that is asked is: “So—what do you think?”
Superwoman Syndrome By Heather M. Fritsch Women and the Law, September 2005 I think you can learn a lot in this profession from observing other attorneys.
Support personnel categorization can affect seniority lists* Education Law, January 2005 Because the Eldorado School District collective bargaining agreement placed all aides in one category for pay purposes, it may be inconsistent to treat them separately for layoff purposes.
Supreme Court creates Whistleblower Right under Title IX Education Law, May 2005 This summary was prepared by the firm of Seyfarth, Shaw LLP, and submitted by Mary Kay Klimesh of the firm and a member of the Education Law Section Council.
Supreme Court decisions that the General Assembly may wish to consider Bench and Bar, March 2005 Recent cases that may warrant legislative action.
Supreme court gives lesson on Frye By William A. Allison Tort Law, June 2005 The Illinois Supreme Court was recently presented with a question regarding the admissibility of actuarial risk assessment to predict whether a convicted sex offender would commit sexually violent crimes in the future.
The Supreme Court plants an idea-All life forms are patentable! And farmers get the short end of the stalk. Part I: The decision By Eugene F. Friedman Intellectual Property, June 2005 The U.S. Supreme Court, in the case of J.E.M. Ag Supply Inc. v. Pioneer Hi-Bred International Inc., 60 USPQ2d 1865 (U.S. 2001), decided that plants constitute proper subject matter for utility patents under 35 U.S.C. § 101.
The Supreme Court plants an idea—All life formpatentable! And farmers get the short end of the stalk. Part I: The decision By Eugene F. Friedman, J.D., Ph.D. Agricultural Law, July 2005 The U.S. Supreme Court, in the case of J.E.M. Ag Supply Inc. v. Pioneer Hi-Bred International Inc., 60 USPQ2d 1865 (U.S. 2001), decided that plants constitute proper subject matter for utility patents under 35 U.S.C. § 101.
Supreme Court stresses “objective” nature of Miranda custody test: Young defendants suffer setback, but they have grounds for hope in Illinois By John Gleason Criminal Justice, January 2005 In a federal habeas corpus case, the United States Supreme Court has held that state courts reasonably apply its precedents when they decline to include a defendant's age among the factors relevant to whether the defendant was "in custody" for purposes of Miranda v. Arizona.