Articles From 2009

Interview with Julie Bauer By Paula H. Holderman Racial and Ethnic Minorities and the Law, November 2009 Julie A. Bauer is an equity partner with the international law firm of Winston & Strawn LLP, headquartered in Chicago. 
Investment arbitration and financial crisis: The global financial crisis and BITs By Joshua Fellenbaum International and Immigration Law, January 2009 The global economy has struck a significant downturn, which as this article posits, could have direct effects on investor-state arbitration claims.
Is justice equal for all? By Maria Laura Cabrera Iliou International and Immigration Law, July 2009 On April 7, 2009, Alberto Fujimori, the former president of Peru became the first Latin American president found guilty of crimes against humanity.
Issues for discussion International and Immigration Law, November 2009 At a recent Section Council meeting of the International and Immigration Law Section, the members present decided that, from time to time, questions would be posed to all the members of the Section Council. Their responses would then be provided as an item in The Globe. The concept is to broaden the discussion of issues that the international and immigration practitioner is apt to face.
Issues for discussion International and Immigration Law, October 2009 At the most recent Section Council meeting of the International and Immigration Law Section, the members present decided that from time to time, questions would be posed to all the members of the Section Council. Their responses would then be provided as an item in The Globe. The concept is to broaden the discussion of issues that the international and immigration practitioner is apt to face.  
“It ain’t over ‘til it’s over”: Circuit court jurisdiction after remand to an administrative agency By William A. Price Administrative Law, September 2009 Post-judgment proceedings can be decisive in any case, and they may be difficult to obtain promptly where state agency proceedings are at issue.
It’s not a lot of work: Matthew Maloney Tradition of Excellence Award—Nominate a deserving lawyer By Hon. Brian L. McPheters General Practice, Solo, and Small Firm, March 2009 A call for applicants for the Matthew Maloney Tradition of Excellence Award.
It’s okay to expunge things….really By Kathleen deGrasse & Wil Nagel Government Lawyers, June 2009 This article will provide a working definition of “record of arrest” and set forth the procedures Illinois criminal justice agencies should take when they are served with a petition for and order of expungement.
It’s past time to ratify the UN Convention on the Law of the Sea By Cindy G. Buys International and Immigration Law, October 2009 In May of this year, the Obama Administration announced its treaty priority list. Prominent on that list is the Administration’s support for Senate advice and consent to the 1982 United Nations Convention on the Law of the Sea Treaty.
Joinder of an essential party under Federal Rule of Civil Procedure 19 By Patrick T. Driscoll, Jr. Federal Civil Practice, September 2009 An overview of the case of Carl Askew v. Sheriff of Cook County, Illinois, and Bernardo Lopez.
Judge Suria remembered By Hon. Thomas R. Fitzgerald Bench and Bar, October 2009 Judge Fred Suria was a gentleman’s scholar and a good and valued friend. Of his 44 years on the bench, almost all of them were spent in Criminal Court at the 26th and California courthouse.
Judge Wayne Andersen shares practice tips with government attorneys By Kevin Lovellette Government Lawyers, June 2009 On December 2, 2008, the Office of the Attorney General was honored to have the Honorable Wayne Andersen of the United States District Court for the Northern District of Illinois speak as part of the Office’s Distinguished Speakers Program.
Judicially imposed limitations on “business method” patents By Steven Behnken Intellectual Property, May 2009 The U.S. Patent Act defines four categories of patentable subject matter: processes, machines, articles of manufacture, and compositions of matter. Anything outside these four categories is by definition nonstatutory and is, therefore, not patentable.
Jury instruction update By Hon. Barbara Crowder Civil Practice and Procedure, December 2009 Grammar enthusiasts take note. And you all know who you are—a misplaced apostrophe bothers you. You worry about the use of commas in a series and secretly believe that final comma should still be used before the “and” even though modern rules do not require it. 
Jury instruction update By Hon. Barbara Crowder Civil Practice and Procedure, November 2009 Three new jury instructions were revised in September 2009.
Just answer the question By Willis R. Tribler Bench and Bar, September 2009 The author suggests that you keep People v. Harris handy for use whenever a client wants to “tell my story in my own words” or shows a tendency to give rambling or overbroad answers.
Justify that tax-deductible iPod, let your ears learn Intellectual Property, September 2009 The Intellectual Property Colloquium is a free online audio CLE program devoted to IP topics. Aimed primarily at a legal audience, the program consists of edited conversations with high-profile guests drawn from academia, the judiciary, and the various technology industries.  
Karabetsos v. Village of Lombard: The Illinois Appellate Court, Second Judicial District clarifies the requirements for pleading a cause of action for a violation of 14th Amendment substantive due process By James W. Fessler Local Government Law, February 2009 In Karabetsos v. the Village of Lombard, the plaintiff filed suit against the Village of Lombard and several of its officials and employees alleging certain torts and various deprivations of her civil rights.
Kern v. Arlington Ridge Pathology, S.C.: An unsound decision illustrating a lack of awareness of basic corporate law principles By Jason W. Mosley & Charles W. Murdock Business and Securities Law, April 2009 A recent Illinois Appellate decision, Kern v. Arlington Ridge Pathology, illustrates the necessity for lawyers and judges to have a mastery of corporate law, in general, and the Illinois Business Corporation Act, in particular.
‘Know thy enemy and know thyself’ By John T. Hundley Bench and Bar, April 2009 As a recent decision by the Illinois Appellate Court demonstrates, failure to know—and properly name—your party-opponent can have drastic and even fatal consequences.
“Last chance” agreement fails to bar retaliation claim By Michael R. Lied Labor and Employment Law, May 2009 Last chance agreements are relatively common in unionized work settings.
The law and practice of youth participation in dependency cases By Amanda George Donnelly Child Law, December 2009 Historically, active youth input and participation in dependency cases has been rare. 
Law changes Intellectual Property, September 2009 New FedRCivP become effective 1 December 2009, unless Congress acts to the contrary.  
Law school student loan forgiveness update By Colleen Morgan Government Lawyers, December 2009 On August 25, 2009, Governor Quinn signed the Public Interest Attorney Assistance Act which provides loan repayment assistance to “public interest attorneys.” See Public Act 96-615, effective January 1, 2010. The Act allows for loan assistance of a maximum of $6,000 per year, up to a career maximum of $30,000 in qualified loan forgiveness.
Lawn Rangers Inaugural Report By Thomas A. Bruno Human and Civil Rights, February 2009 A lighthearted story from author Thomas Bruno.
LEED in real estate By Margery Newman Real Estate Law, September 2009 Leadership in Energy and Environmental Design (“LEED”), also known as green building, is taking hold across the country. According to the National Association of Home Builders “between 40 percent and 50 percent of the homes built in 2010 are expected to be green.” Here's what you need to know.
Legal and tax issues for franchisees By William A. Price General Practice, Solo, and Small Firm, January 2009 Buying and operating a franchise is different than most of the other purchase or investment decisions your client will make in the course of your lifetime. Your client is getting a business that they will run using a more-or-less established system, not purchasing something physical like a car or a house.  
The Legal Balance: Resources for women attorneys and a safe haven to discuss diverse personal and professional concerns and perspectives By Erica Zalokar Diversity Leadership Council, June 2009 This spring, a new resource, The Legal Balance, will be made available to women attorneys here in Chicago.  
Legislation—Passed Bills, Part II By Steve Baker Criminal Justice, January 2009 Recent legislation of interest to criminal law attorneys.
Legislative report By James K. Weston, Sr. Mineral Law, October 2009 The first year of the 96th General Assembly was again one of the most active periods in legislative history. It had many truly historic moments, not the least of which was the impeachment of Governor Blagojevich. The following is a brief review of the Acts passed having a bearing on mineral law and general real estate matters.