Articles From 2007 | Illinois State Bar Association

Judge Sophia Hall speaks to ALJs on how to gain and keep respect By Paul E. Freehling Administrative Law, December 2007 On November 5, 2007, Cook County Circuit Court Judge Sophia H. Hall spoke to the Chicago Bar Association Administrative Law Judges Committee on the important and challenging subject of ALJs gaining and keeping the respect of litigants and attorneys appearing before ALJs in administrative law proceedings.

Judges should notify foreign nationals By Cindy G. Buys International and Immigration Law, April 2007 Attached is a proposed Illinois Supreme Court Rule 404 that would require Illinois state court judges to notify foreign nationals at an early stage in any criminal proceedings that they have a right to have their consulate informed that they have been arrested or detained.

Judicial Medicaid Planning—Convincing the judge is easier than convincing DHS By Anthony J. DelGiorno Elder Law, October 2007 Generally, it can be presumed that senior citizens who have saved money their entire lives do not wish to see a lifetime of savings be lost because they need nursing home care.

Judicial perspective on discovery disputes By Hon. Barbara Crowder Bench and Bar, November 2007 Discovery sounds at first blush like a fun, interesting detective activity entered into by counsel and parties to exchange facts and ideas in anticipation of settling or trying cases.

Keeping company secrets secure: Where does the Economic Espionage Act stand after its first 10 years? By Andrew Pavlinski International and Immigration Law, May 2007 Intellectual property theft costs U.S. industry more than $260 billion each year, although there is no precise way of measuring the actual loss.

Laid-off U.S. workers unable to claim statutory benefits while Department of Labor treats similarly situated plaintiffs differently By Juli Campagna International and Immigration Law, September 2007 Despite five administrative filings and three remand results denying Plaintiffs, the Former Employees of the Merrill Corporation, certification for Trade Adjustment Assistance (TAA) under the Trade Act, the Department of Labor has still not managed to support its findings with substantial evidence.

Land split considerations: The Plat Act By Howard Samson Real Estate Law, February 2007 Note: This article is an excerpt from and adaptation of a comprehensive article by Mr. Samson, in which the author addresses, in addition to the Plat Act, county and municipal plat provisions, general county and municipal zoning provisions, affirmations and disavowals, broker’s representations, inadvertent consolidation, access, and other land-split matters.

Landowners may have more duties to the public than they think By Yvonne M. O’Connor Tort Law, March 2007 The case of Marshall v. Burger King involved a negligence action brought by the estate of Detroy Marshall III, who was killed while eating at a Burger King restaurant when a car crashed through the wall of the restaurant.

Last war dance for the Chief By Kenneth Dobbs Human and Civil Rights, June 2007 Decades-long battles involving reason, history, protests by students and faculty, pleadings from every Native American organization in the United States and lawsuits couldn’t move the Chancellors, Presidents and Trustees of the University of Illinois to cease using Chief Illiniwek as a team mascot.

The latest changes in the judiciary system in South Korea By Oana Pantilimon International and Immigration Law, September 2007 During the 2007 Spring Meeting of the American Bar Association Section of International Law, the Honorable Sang Yoon Lee, a judge from South Korea was very kind to offer some thoughts regarding the latest changes in the judiciary system in Korea and the new Free Trade Agreement between the United States and the Republic of Korea.

Law office management 102: Getting your financial house in order By Mary A. Corrigan Law Office Management and Economics, Standing Committee on, May 2007 Every lawyer who has opened the doors to a new law practice quickly discovers the necessary evil of maintaining an accurate accounting system.

Lawyers “lawgh” about ethics at MCLE forum By Sandra Crawford Women and the Law, November 2007 “Lawghter” was the keyword for the morning on September 7, 2007, at the ISBA’s 3rd Annual Solo and Small Firm Forum held in St. Charles, Illinois. Legal Humorist, Sean Carter (see www.lawhumurist.com), a frequent contributor to the ABA’s on-line journal and other publications, took the stage at the conference as the keynote speaker and as a section presenter.

Lawyers’ lives in balance: Developing your plan and tips for staying energized & productive By John W. Olmstead Family Law, December 2007 It is much easier to begin your life and career with balance that it is to try to bring your life back into balance later in life.

Lawyers under the influence: Lives, livelihoods, and legacies By Michael J. Murphy & Warren D. Wolfson Bench and Bar, December 2007 Understanding alcohol and drug abuse will make us better judges, better attorneys and better law students.

Leasing and producing coalbed methane gas in Illinois after Continental Resources of Illinois, Inc. v. Illinois Methane, LLC By John C. Robison, Jr. Mineral Law, February 2007 The long-awaited decision on coalbed methane gas was rendered by the Appellate Court of Illinois, Fifth District, on April 10, 2006, in Continental Resources of Illinois, Inc. v. Illinois Methane, LLC.

Legislation of interest to real estate practitioners: 2007 Session of the 95th General Assembly By Marylou Lowder Kent Real Estate Law, December 2007 To view Public Acts in their entirety, please go to the Illinois General Assembly Web site (http://www.ilga.gov).

Legislation: Medical and Legal Records Civil Practice and Procedure, September 2007 Public Act 478 and PA 95-480 amend 735 ILCS 5/8-802, 8-2001, 8-2005, and 8-2006 of the Code of Civil Procedure affecting medical or legal records: (1) Allows charging for the actual postage or shipping charge of the records; (2) Clarifies that records retrieved from scanning, digital imaging, electronic information or other digital format do not qualify as microfiche or microfilm retrieval for calculating charges under this statute.

Legislative report By James K. Weston, Sr. Mineral Law, October 2007 First we will review those new Acts that pertain directly to Mineral Law.

Legislative update By James K. Weston, Sr. Mineral Law, June 2007 Two bills were filed in the Spring Session of the 95th General Assembly that have particular bearing on the mineral industry in Illinois.

Legislative Update: Section success and opportunity in the 95th Session By Ray J. Koenig, III Trusts and Estates, June 2007 During the 95th session of the Illinois General Assembly, the Trusts and Estates Section Council monitored nineteen (19) pieces of proposed legislation impacting our area of practice.

Legislative update: Ten new Public Acts that affect general practice By J.A. Sebastian General Practice, Solo, and Small Firm, November 2007 The following is a summary of recent legislative action of interest to members of the ISBA General Practice, Solo, and Small Firm Section.

A lesson in discretion: Leona Helmsley’s last will and testament By Katarinna McBride Trusts and Estates, October 2007 Many clients regard the content of their wills to be a private matter. Unfortunately, state law often requires that wills be recorded, and therefore open to public inspection by the media, creditors, distant relatives—essentially anyone.

Letter from the Chair By Andrew Fox Racial and Ethnic Minorities and the Law, December 2007 For those who have not been with the Standing Committee on Minority and Women Participation in the trenches, a great group of lawyers has been working tirelessly on diversifying the legal profession.

Letter from the Chair By Andrew Fox Racial and Ethnic Minorities and the Law, October 2007 The Standing Committee on Minority and Women Participation is comprised of lawyers from all over the state who selflessly serve the mission of increasing diversity and participation for minorities and women in the legal profession.

Letter from the Chair By Daniel C. Hawkins Elder Law, February 2007 The new calendar year is upon us. It is amazing how fast my term as Chairperson of the Elder Law Section Council is going.

Letter from the Chair: Welcome to the 2007-08 State and Local Tax Section By Karen Dimond State and Local Taxation, July 2007 As the incoming 2007-08 section chair, I want to welcome you to membership in the State and Local Tax Section.

Letter to the Editor By Darrell Dies Real Estate Law, April 2007 As a solo practitioner from central Illinois, I enjoyed reading the March 2007 ISBA Real Property newsletter and wanted to briefly comment on a couple points.

Letter to the Editor By Ronald J. Guild Real Estate Law, March 2007 Please accept a friendly response from a past editor.

Liability for construction claims By Margery Newman Real Estate Law, September 2007 The construction industry is rife with situations in which one party may become liable to or for another party in the construction process.

Lien cuisine and other construction delights By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, July 2007 A lot has happened in the past three years in the area of construction law and mechanics liens. The Mechanics Lien Act has been amended.