Section Newsletters

Articles From 2010

People v. Nunez, Docket No. 108189, SUPREME COURT OF ILLINOIS 2010 Ill. LEXIS 280 By David B. Franks Traffic Laws and Courts, June 2010 The Supreme Court affirmed the appellate court finding, holding that Defendant was properly convicted of both aggravated DUI and DWLR, and that DWLR is not a lesser-included offense of aggravated DUI.
Perceptions of justice By Hon. Michael B. Hyman Bench and Bar, April 2010 Most judges, if asked, consider themselves free of bias, even-handed, and open-minded, but something is certainly amiss when large numbers of people of color, decade after decade, perceive the courts to be either biased or inequitable.
Pet trust basics By Melissa Anne Maye Animal Law, June 2010 A list of factors and information you should review when preparing a client's pet trust.
Pet trusts: Practice tips for Fluffy (or Fido) By Eugenia C. Hunter Elder Law, October 2010 What will happen to your client's beloved pet if she becomes ill, incapacitated or dies?
1 comment (Most recent November 4, 2010)
Peter Corti reports on certification/specialization of workers’ compensation attorneys By Peter Corti & Brad E. Bleakney Workers’ Compensation Law, December 2010 The Workers' Compensation Section's notes on the status of the issue of certification of a workers’ compensation attorney verses a designation by the ISBA that an attorney “specializes” in workers’ compensation.
“Physician” nets reasonable rate of $66.95 per hour for deposition By Kimberly A. Davis Civil Practice and Procedure, April 2010 An Illinois appellate court recently declined to define a reasonableness formula for calculating a physician's deposition fee.
1 comment (Most recent March 24, 2010)
Plaintiffs strike out in bids for remand in Class Action Fairness Act cases By Michael R. Lied Federal Civil Practice, September 2010 Summaries of the recent cases of Cunningham Charter Corporation v. Learjet, Inc. and In re: Burlington Northern Santa Fe Railway Co.
Possible liability for non-governmental organizations that assume state functions: Could homeowner’s associations make Illinois courts revisit their decisions about First Amendment rights on private property? By William A. Price Administrative Law, November 2010 Administrative law enforcement is often delegated to private entities or organizations for, as an example, safety standards development, or for public-private partnerships operating sports stadiums, or in volunteer boards that advise agencies on rulemaking.
Potential revision to ethics rules to facilitate out-of-state practice for transactional attorneys? By Markus May Business and Securities Law, December 2010 The Corporation, Securities and Business Law Section Council is seeking input from members regarding the pros and cons of modifying Illinois Ethics Rule 5.5.
Practical jury trial tips to improve your litigation practice By Hon. E. Kenneth Wright, Jr. Bench and Bar, February 2010 Jury trials come in all shapes and sizes. Since the players, facts and awards differ, attorneys must approach each case anew. Never assume you can “wing it” because you have over 20 years of experience in the courtroom, or a partner told you not to worry about it. Too many cases are won or lost because of an attorney’s lack of preparation, or worse, lack of knowledge about the law.
Practice note: Abatement of tax penalties for reasonable cause: Best practices By David P. Dorner General Practice, Solo, and Small Firm, March 2010 With many states facing historical fiscal deficits and the need for additional revenues, the issue of tax penalties and the abatement of such penalties for reasonable cause have become increasingly relevant.
Precedent Bench and Bar, April 2010 We continue our series with commentaries by members of the Bench and Bar Section Council on the murals in the Supreme Court Building in Springfield.
A preliminary summary of Provena Covenant Medical Center v. State of Illinois Department of Revenue, Supreme Court of Illinois, Slip Op. 3/18/2010 Docket No. 107328 By William A. Price & J.A. Sebastian Administrative Law, April 2010 This verdict upholds the Department of Revenue's decision to deny the nonprofit religious hospital's state property tax exemption.
Preparation: The art of identifying parties-in-interest and potential conflicts By Robert E. Wells, Jr. Alternative Dispute Resolution, April 2010 A fictional conversation highlighting common mediation dilemmas.
Presenting the evidence: Direct examination By Hon. Barbara Crowder Civil Practice and Procedure, December 2010 The careful attorney will prepare for direct examination by deciding the facts that need to be proved via direct examination, then prepare for the actual examination, and finally prepare for the pitfalls that invariably occur when real people testify.
A primer on breath, blood, and urine testing when performed for law enforcement purposes By Nancy G. Easum Traffic Laws and Courts, November 2010 A discussion of the rules regarding chemical testing in Illinois.
2 comments (Most recent January 28, 2011)
Privacy rulings in tabloid journalism cases weaken protection for rest of press By Jan Dennis Human and Civil Rights, May 2010 A U of I legal professor says that, in the past, the mere fact that stories were published or broadcast would be considered proof of newsworthiness – often making them privileged under law – so lawsuits seeking damages under privacy torts were routinely tossed out. But that's not necessarily the case anymore.
Pro bono attorneys needed International and Immigration Law, February 2010 The National Immigrant Justice Center periodically publishes a list of cases for which pro bono attorneys are needed to represent asylum seekers and other immigrants in need of protection.
Problem clients By Michael J. Meehan Law Office Management and Economics, Standing Committee on, March 2010 It is easier to decline a problem client than to terminate the attorney-client relationship. By identifying these problem clients at the outset, you can be a happier lawyer and have a more productive practice.
A procedural look at the exclusive remedy defense By Kingshuk K. Roy Workers’ Compensation Law, December 2010 A brief overview of the exclusive remedy defense and examination of its procedural application in light of Reed v. White.
A procedural look at the exclusive remedy defense By Kingshuk K. Roy Tort Law, September 2010 A brief overview of the exclusive remedy defense and its procedural application in light of the recent Fifth District decision of Reed v. White.
Profiling professionals in the field: Jon Gilbert By Laurel White Alternative Dispute Resolution, May 2010 Get to know attorney Jon Gilbert.
Profiling professionals in the field: Larry Schaner By Laurel White Alternative Dispute Resolution, April 2010 Get to know attorney Lawrence Schaner.
Profiling professionals in the field: Philip Aka profile By Laurel White Alternative Dispute Resolution, February 2010 When Philip Aka joined the Illinois State Bar Association’s Alternative Dispute Resolution committee two years ago, he didn’t fit the profile of a “typical” ADR committee member.
Property acquired in contemplation of marriage By Thomas A. Else Family Law, February 2010 In deciding whether property is marital or non-marital for purposes of allocation and division under the terms of the Illinois Marriage and Dissolution of Marriage Act, the statute itself is sometimes less than helpful.
1 comment (Most recent February 19, 2010)
Proposed revisions of the Horizontal Merger Guidelines are released By Rebecca A.D. Nelson June 2010 The revisions are intended to reflect the evolution of the Antitrust Division and U.S. Department of Justice since the Horizontal Merger Guidelines were first released 18 years ago.
Proposed technical correction to Section 7430 By George E. Marifian Federal Taxation, October 2010 This article addresses the need to harmonize Section 7430(c)(7)(B) with Section 7430(c)(2)(B) of the Internal Revenue Code.
Protecting your office from employee theft By Dan Breen Law Office Management and Economics, Standing Committee on, December 2010 Possibly the best advice is to implement a written loss prevention policy for your office. Like any other plan or strategy you use when trying cases, developing your business, or monitoring your financial growth, this plan is most effective if you put it in writing.
Provena Covenant Medical Center v. Department of Revenue, No. 107328. (Illinois Supreme Court, March 18, 2010) By William Seitz State and Local Taxation, May 2010 Provena Hospitals sought administrative review of a decision by the Director of Revenue that it was not entitled to a property tax exemption for charitable and religious organizations for the 2002 tax year.
2 comments (Most recent April 26, 2010)
Provena Covenant Medical Center v. The Department of Revenue: Hospital property tax exemptions and the charitable use requirement By Brian J. McKenna & Nancy K. McKenna Health Care Law, June 2010 An examination of the Illinois Supreme Court’s decision in the Provena case dealing with the tax-exempt status of not-for-profit hospitals.