Section Newsletters

Articles From 2009

Happenings By Julia Kucan Alternative Dispute Resolution, March 2009 ADR news updates.
Hardship distributions from 401(k) plans By Markus May Business and Securities Law, March 2009 A look at when employees are allowed to make hardship withdrawals from their existing 401(k) plans.
Has the 7th Circuit lowered the standard for joint authorship? By Aaron White Intellectual Property, September 2009 The issue of joint authorship is one of the more hotly contested issues in copyright law.
Have any clients dabbling in home repair and remodeling? Beware the Illinois Home Repair and Remodeling Act By George L. Schoenbeck Young Lawyers Division, October 2009 Failing to enter into a written contract that meets the requirements of the Act and failing to comply with its pamphlet delivery and insurance requirements could later severely limit the rights of contractors in getting paid for their work and could expose them to liability.
Hiring and Firing: A new book By Stanley J. Dale Labor and Employment Law, September 2009 Print copies of law books still are being published, and some good ones at that. One example is the recently released book, Hiring and Firing. Written by Frances Kulka Browne and Lauren Reiter Brody, this treatise covers in 12 chapters virtually every conceivable matter that could arise under the rubric of employment law.
Home field advantage in the ICU or neutral setting? Police questioning in hospital ICU did not require Miranda warnings: People v. Vasquez, 393 Ill. App. 3d 185, 913 N.E.2d 60 (2nd Dist. 2009) By Sean D. Brady & Daniel Egan Traffic Laws and Courts, December 2009 In People v. Vasquez, 393 Ill. App. 3d 185, 913 N.E.2d 60 (2nd Dist. 2009), the Kendall County State’s Attorney appealed the trial court’s order suppressing videotaped statements made by defendant Vasquez to two police officers assigned to the Kendall County Major Crimes Task Force who interviewed the defendant in the intensive care unit (ICU) of a hospital after the defendant was involved in a single-car accident that resulted in the deaths of five of the passengers.
“Hope,” charity, and copyright—Fair use or derivative work? By Margo Lynn Hablutzel Intellectual Property, May 2009 While unlikely to make new law in the area of copyright, derivative works, and fair use, the Fairey v. AP case could provide a new distinction between fair use and derivative works for political images.
How far have we come in eradicating discrimination in our profession and what is the blueprint for the future? By Sharon L. Eiseman Racial and Ethnic Minorities and the Law, November 2009 Like any occupation, the legal profession has not been immune from workplace problems like discrimination, hostile environment, harassment and retaliation
How good is your e-mail evidence ?…RPost® Registered E-Mail® gives you the courtroom edge! By Alan Pearlman Law Office Management and Economics, Standing Committee on, February 2009 As most attorneys will tell you, an e-mail is a discoverable document that is legal evidence, to be used at any trial and for any discoverable purpose.
How judges influence advocacy By Patrick M. Flaherty & Patrick M. Kinnally Civil Practice and Procedure, February 2009 When judicial action is appropriate, it should be tempered with recognition that action carries consequences and that even routine practices can impact an impressionable jury.
Humane care for animals in Illinois By Claire A. Manning & Michael Massie Agricultural Law, April 2009 A counter-view to the article, “Vote For Humane Farming and Nobody Gets (as) Hurt,” published in the May 2008 edition of the ISBA’s Ag Law Section newsletter.
Ideas for submissions to The Globe International and Immigration Law, November 2009 If any member of the International & Immigration Law Section is interested in writing an article for The Globe, but is having trouble selecting a topic, the ISBA E-Clips provide a source of ideas. Every few days there will be a case mentioned concerning “Aliens” which will mention a federal court decision. Any of these cases can be the basis of a short article or case note for The Globe.
IDOR Practitioners’ meetings Q&A State and Local Taxation, July 2009 Questions and answers from the recent Illinois Department of Revenue Practitioners' meeting.
Illinois appellate court examines a medical expert’s qualifications: McWilliams v. Dettore, (1st District, 2009) 387 Ill.App.2d833, 901 N.E.2d 1023 By Bridget A. Mitchell Civil Practice and Procedure, July 2009 In McWilliams v. Dettore, the Illinois appellate court primarily focused on whether plaintiff’s expert, a hematologist/oncologist, was qualified to offer standard of care opinions against a defendant surgeon.
The Illinois Department of Children and Family Services’ relationship with needy delinquent youths By Thomas Grippando Child Law, March 2009 An examination of recent changes to Illinois law, as it applies to placement of delinquent minors into DCFS custody and guardianship.
Illinois drilling permits—The upward trend ends By James K. Weston, Sr. Mineral Law, October 2009 An analysis of drilling permit applications in the last few years reflects a flattening of production activity. World oil prices now range between $60 and $70 per barrel.
Illinois drilling permits—The upward trend ends By James K. Weston, Sr. Mineral Law, June 2009 An analysis of drilling permit applications in the last few years reflects a flattening of production activity.
Illinois drilling permits—The upward trend ends By James K. Weston, Sr. Mineral Law, April 2009 An analysis of drilling permit applications in the last few years reflects a flattening of production activity.
Illinois Educational Labor Relations Board case summaries, July 1, 2007 through June 30, 2008 Education Law, January 2009 Recent Illinois Education Labor Relations Board cases.
Illinois Family Farm Law Project available to help lower-income farmers By Michael Fiello Agricultural Law, August 2009 The goal of the Illinois Family Farm Law Project is to provide lower-income family farmers with help with their current legal problems and to assist them in avoiding future legal and financial problems.
Illinois General Assembly amends mortgage foreclosure law By Thomas P. Sandquist Commercial Banking, Collections, and Bankruptcy, January 2009 In an effort to arm homeowners with some extra advantages during the foreclosure process, the Illinois General Assembly has recently enacted changes to the Foreclosure Law designed to assist homeowners who are being foreclosed on.
Illinois Justice - The Scandal of 1969 and the Rise of John Paul Stevens by Professor Kenneth A. Manaster with a foreword by Justice Stevens, published by The University of Chicago Press, Chicago, 2001, 317 pages. By Hon. Michael S. Jordan Bench and Bar, February 2009 Illinois Justice, by law professor Kenneth A. Manaster, is a must-read for anyone interested in Illinois court history.
Illinois legislative report by the Elder Abuse Advisory Committee, August 19, 2009 By Lee Beneze Elder Law, October 2009 Recent legislation of interest to elder law practitioners.
Illinois Medical Fee Splitting Statute amended to allow percentage billing contracts By Rick L. Hindmand Health Care Law, December 2009 On August 24, 2009, Illinois Governor Patrick Quinn approved Public Act 96-0608, which amended the fee splitting prohibitions of the Illinois Medical Practice Act and the Illinois Optometric Practice Act to allow percentage billing contracts and to provide additional detail regarding the scope of the prohibitions.
The Illinois Series Limited Liability Company—An overview By Richard M. Colombik & Linda Godfrey Business Advice and Financial Planning, March 2009 The Illinois version of the Series Limited Liability Company (“Series LLC”) became effective on August 16, 2005.
Illinois Supreme Court holds electricity is “tangible personal property” for purposes of the Illinois Personal Property Tax Replacement Income Tax Investment Credit By David J. Kupiec & Natalie M. Martin Energy, Utilities, Telecommunications, and Transportation, April 2009 At issue in this case is whether the Taxpayer’s 1995 and 1996 investments in property used for generating, transmitting and distributing electricity to customers in Illinois qualified for the .5% investment credit provided under Section 201(e) of the Illinois Income Tax Act.
Illinois Supreme Court holds electricity is “tangible personal property” for purposes of the Illinois Personal Property Tax Replacement Income Tax Investment Credit By David J. Kupiec & Natalie M. Martin State and Local Taxation, March 2009 On February 20, 2009, the Illinois Supreme Court issued an Opinion holding that electricity is “tangible personal property” for purposes of the Illinois personal property tax replacement income tax investment credit.
Illinois Supreme Court holds insurer to burden of proving that its policy limitation applies: Two deaths are not a single “occurrence” By Scott A. Blumenshine Insurance Law, June 2009 Where insurers collect insurance premiums based on its promise to pay for unknowable future events, it is only fair that they be held to their promise and not be allowed to slink away under the cover of vague policy language and unreasonable policy interpretation.
Illinois Supreme Court issues modified opinion holding electricity is “tangible personal property” for purposes of Section 201(e) of the Illinois Income Tax Act but imposes prospective application By David J. Kupiec & Natalie M. Martin State and Local Taxation, October 2009 At issue in this case is whether the Taxpayer’s 1995 and 1996 investments in property used for generating, transmitting and distributing electricity to customers in Illinois qualified for the .5 percent investment credit provided under Section 201(e) of the IITA.
The Illinois Workers’ Compensation Act provides only one mechanism under which an arbitrator can recall a decision By Emily E. Borg Workers’ Compensation Law, March 2009 The holding in Smalley Steel Ring Company v. Illinois Workers’ Compensation Commission begs the question as to who maintains jurisdiction over a workers’ compensation claim after a decision has been issued by an Arbitrator, but before the 30 days in which to file an appeal to the Commission has expired.