Section Newsletters

Articles From 2011

On the psychology of incompetence in the construction process By Stanley P. Sklar Construction Law, December 2011 The author opines that the art of construction is similar to the art of war, but with one very major exception—that the construction process cannot become so adversarial that it rivals war in its destructiveness.
One bite at the apple: Examining pro se litigants’ right to appointed counsel in civil cases By Hon. E. Kenneth Wright, Jr. Bench and Bar, October 2011 The Sixth Amendment ensures that individuals facing criminal charges have the right to appointed counsel; however, no such right exists in the civil realm. Whether a court appoints counsel to a pro se litigant in a civil case largely depends on court resources as well as the availability of pro bono programs.
One minute removal is proper, the next it is not: The possibility of removal under the “forum defendant rule” By Sandord G. Hooper Corporate Law Departments, April 2011 Removal under the forum defendant rule does not present itself terribly often, but when it does, it can provide defendants with an opportunity to litigate their dispute in federal court if they prefer that forum.
OSHA holds general contractor responsible for exposing subcontractor’s employees to hazards By Michael R. Lied Labor and Employment Law, June 2011 A summary of the case of Secretary of Labor v. Summit Contractors, Inc.
1 comment (Most recent June 21, 2011)
Our own Gary Zhao named one of Chicago Magazine’s ‘40 under 40’ Racial and Ethnic Minorities and the Law, December 2011 Learn more about Gary Zhao, a member of this Committee and a recent Chicago Magazine honoree.
Outgoing chair’s column: Jury questions—Should they be allowed? By Michael K. Goldberg General Practice, Solo, and Small Firm, July 2011 There is legislation currently pending that would allow jurors to present questions during a civil trial. Voice your opinions on the issue in the reader comments at the end of this article.
1 comment (Most recent July 21, 2011)
Owner operator not separately liable for cargo damage under state law By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, September 2011 The court found the owner operator lease between Elmore and L&O did not create any separate Elmore duty in tort to Merchants. The action against Elmore.
Painting a solution to Illinois’ trespassing problems By Michael Massie Agricultural Law, October 2011 Governor Quinn recently signed legislation amending the Purple Paint Law, allowing landowners to mark trees or posts with purple paint to signify "no trespassing" instead of the traditional posted sign.
Parenting time in Illinois: The trend towards equal time By Mark Simons Child Law, February 2011 Restraint should be used when negotiating and entering split-time parenting time orders.
Parliamentary procedure: Unexpectedly doing what is expected By Shira Truitt Administrative Law, June 2011 A primer on parliamentary procedure.
Parliamentary procedure: Unexpectedly doing what is expected By Shira Truitt Women and the Law, June 2011 A primer on parliamentary procedure.
Pay it forward By Patrice Ball-Reed Women and the Law, June 2011 Two examples of communities that have utilized and benefited from the "pay it forward" concept.
Pending cases By David R. Shannon Employee Benefits, June 2011 Recent cases of interest to employee benefits practitioners.
People v. Aronson: Missing video results in rescission due to inferences drawn in favor of the defendant By Sean D. Brady Traffic Laws and Courts, May 2011 A summary of the recent case of People v. Aronson.
3 comments (Most recent May 25, 2011)
People v. Bruni, 2010 Ill. App. LEXIS 1274 (2nd Dist. 2010) By David B. Franks-Straus Traffic Laws and Courts, March 2011 The Appellate Court concluded that defendant’s admission that he had consumed a beer, together with the officer’s testimony “was sufficient to justify the relatively minor intrusion of requesting that a properly stopped motorist step out of a vehicle to perform field sobriety tests."
People v. Geier By David B. Franks Traffic Laws and Courts, August 2011 Initial probable cause did not dissipate merely because Arresting Officer continued to follow motorist for two to four miles, after observing traffic violation, before stopping motorist.
People v. Martin: Trace of drugs and death sufficient for aggravated DUI conviction By J. Brick Van Der Snick Traffic Laws and Courts, May 2011 In the case of People v. Martin, the Illinois Supreme Court found that a driver with controlled substances in his body violates Section 11-501(a)(6) of the Illinois Motor Vehicle Code simply by driving.
Perception vs. reality: Money in judicial elections By David W. Inlander & Ronald D. Menna, Jr. Bench and Bar, March 2011 A contrast between the approaches taken by Illinois and New York to reduce the public's perception of the role money plays in influencing judicial elections.
Perceptions of justice and fairness for pro se litigants By Hon. E. Kenneth Wright, Jr. Bench and Bar, May 2011 The question of pro se litigants’ access to courts and the amount of permissible judicial interference in their cases demands our full attention.
Personal property replacement taxes and public libraries By Phillip B. Lenzini Local Government Law, August 2011 If a library existed before 1978, it should be receiving personal property tax replacement funds, either directly from the State or through its host municipality or township.
Philanthropic estate planning using community foundations By Dennis J. Jacknewitz Trusts and Estates, September 2011 A look at what constitutes a community foundation, how it differs from a private foundation, and how an attorney can utilize community foundations for particular client charitable needs.
A pilot program that would allow for the mediation of attorney-client disputes By Madalyn Phillips Alternative Dispute Resolution, October 2011 The ARDC would be responsible for coordinating, paying for, and explaining mediation to the parties involved. They would also be responsible for assisting the mediator with anything they might need throughout the mediation process.
1 comment (Most recent October 11, 2011)
Plaintiff’s case for overtime pay founders on the “administrative exemption” By Michael R. Lied Labor and Employment Law, October 2011 In this case, the plaintiff’s primary duty was directly related to the general business operations of both MediaBank and its customers, and the “administrative” exemption applied, defeating her claim for overtime pay.
Plaintiff’s uncorroborated testimony wards off summary judgment By Michael R. Lied Labor and Employment Law, March 2011 If based on personal knowledge or experience, uncorroborated testimony can create disputed material facts. Courts at summary judgment stage should not weigh the evidence or determine the credibility of the testimony; those tasks are for the fact finder.
Pleading affirmative defenses post-Iqbal and Twombly By Ferne P. Wolf Federal Civil Practice, December 2011 Just how much additional language will be sufficient to satisfy Twombly and Iqbal’s enhanced pleading requirement remains to be seen.
Plurality of United States Supreme Court rejects stream of commerce as test for personal jurisdiction By James A. Murphy Civil Practice and Procedure, September 2011 A look at the recent case of J. McIntyre Machinery, Ltd. v. Nicastro.
The Political Question Doctrine applied—A look at Moore v. Grafton Township Board of Trustees By Lisle A. Stalter Local Government Law, September 2011 A brief look at the Moore v. Grafton case and the political question doctrine as it has been applied to local governments in Illinois.
Portability By Leonard S. DeFranco Federal Taxation, May 2011 Portability is only available for gifts made or decedent’s dying on or after January 1, 2011, and only for previously deceased spouses who die on or after January 1, 2011. The provisions are scheduled to expire after December 31, 2012.
Poruba v. Poruba: Partitioning a life estate from a remainder interest By Michael R. Lucas Elder Law, June 2011 In Poruba v. Poruba, the Appellate Court affirmed the trial court’s dismissal of the plaintiff’s action finding that a single life tenant has no authority to force a partition upon a single remainderman.
Potential presidential Republican candidates’ federal income tax proposals By Lauran Corcoran Federal Taxation, December 2011 A brief summary of the plans set forth by Rick Perry and Herman Cain.