Articles From 2016

The Indian Child Welfare Act: No clear Illinois guidance By Lisa Giese & Lindsay Michelle Jurgensen Racial and Ethnic Minorities and the Law, May 2016 It is crucial for Native American families, attorneys, and courts to understand the nuances of ICWA and its applicability in order to navigate child custody proceedings involving children of Native American descent.
The Indian Child Welfare Act: No clear Illinois guidance By Lisa Giese & Lindsay Michelle Jurgensen Child Law, March 2016 It is crucial for Native American families, attorneys, and courts to understand the nuances of ICWA and its applicability in order to navigate child custody proceedings involving children of Native American descent.
Inevitable horrors: Sexual assault in prison By Cierra Simpson Human and Civil Rights, March 2016 The author, a former correctional officer and current law student, shares her insights regarding solitary confinement.
Informed consent is determined by prudent person standard, expert testimony not required By Jason G. Schutte Civil Practice and Procedure, December 2016 Illinois Fourth District clarifies apparent conflicting opinions on whether informed consent medical malpractice claim is determined by objective or subjective person standard.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, July 2016 New and notable intellectual property updates.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, September 2016 An eclectic gathering of recent intellectual property developments
Internal Revenue Service announces inflation adjustments for 2017 By Jeffrey A. Mollet Agricultural Law, November 2016 Some of the IRS' annual inflation adjustments are of interest to those attorneys representing farmers or who are doing related estate, business and/or succession planning work.
The interplay of simultaneous awards of PTD and wage differential benefits By Brittany Meeker Workers’ Compensation Law, September 2016 In its ruling, the Appellate Court noted that there was nothing in the Act or in the accompanying case law that prohibited an award of both PTD and wage differential benefits simultaneously under circumstances such as those presented in this case.
Interstate depositions and discovery—Making discovery easier By Patrick M. Kinnally Civil Practice and Procedure, July 2016 Take a look at 735 ILCS 35/1-- Illinois’ version of the Uniform Interstate Deposition and Discovery Act. It will save you time and a lot of your client’s money.
Interview with Judge Clare J. Quish By Margaret Manetti Women and the Law, October 2016 Judge Clare J. Quish-- Cook County’s newly appointed judge-- inspires a love of the law.
An interview with Justice Garman By Hon. Alfred M. Swanson, Jr. (Ret). Bench and Bar, November 2016 Now that her term as Chief Justice has ended, Justice Garman feels “very good at how the Illinois courts have moved forward” on her goals.
An interview with the Chief Justice By Hon. Alfred M. Swanson, Jr. (Ret). Bench and Bar, November 2016 When he started practicing law 52 years ago, Lloyd Karmeier never imagined being an appellate court judge, let alone a Supreme Court Justice.
Introduction to restorative justice By Sheila Murphy Human and Civil Rights, February 2016 John Marshall Law School offers a course in Restorative Justice. The law students go to grade school and high school to teach students about the solutions possible besides crime, courts, and prison.
An introduction to Section 1983 claims in prisoner litigation By Stanley N. Wasser Federal Civil Practice, December 2016 This article is intended to provide a basic primer regarding Section 1983 and the issues the practitioner will need to learn about and address in handling a prisoner litigation case.
An introduction to the Department of Labor’s new Conflict of Interest Rule on Investment Advice By Hilary E. Wild Employee Benefits, October 2016 This article provides a summary of the Department of Labor’s new Conflict of Interest Rule on Investment Advice, focusing on the Best Interest Contract Exemption and the streamlined Level Fee Fiduciary exception.
An introduction to the Department of Labor’s new Conflict of Interest Rule on Investment Advice By Hilary E. Wild Business Advice and Financial Planning, September 2016 This article provides a summary of the Department of Labor’s new Conflict of Interest Rule on Investment Advice, focusing on the Best Interest Contract Exemption and the streamlined Level Fee Fiduciary exception.
Invalid “dark box” property tax claims misinform Indiana and Michigan Legislatures By Brent A. Auberry, Stewart Mandell, & Daniel L. Stanley State and Local Taxation, August 2016 In both Indiana and Michigan, new legislation gives taxpayers good reason to fear that in future years they may be faced with inflated property tax bills based on non-uniform and inequitable assessments.
Investment advisors subject to the fiduciary standard or the suitability standard (Part I) By Kelli E. Madigan Business and Securities Law, May 2016 Newly proposed Department of Labor rules  include a modification of the existing “fiduciary standard” under the Employee Retirement Income Security Act. The expanded definition of fiduciary would now include many investment advisors, such as 401K plan advisors, IRA investment advisors, broker-dealers and insurance agents, to whom the fiduciary standard did not previously apply.
IPad Pro – expensive but worth it if it meets your needs! By John T. Phipps Senior Lawyers, June 2016 John Phipps identifies the pros and cons of this recently released tech tool.
1 comment (Most recent June 10, 2016)
IRC Section 280(e)’s impact on Illinois medical marijuana By James Creech Federal Taxation, June 2016 While the Illinois medical marijuana program faces many obstacles at the state level, its largest challenge may be the Internal Revenue code.
IRS issues proposed regulations regarding applicability of normal retirement age to governmental pension plans By Bernard G. Peter & Kal Goren Employee Benefits, May 2016 In a change that would impact government employers with retirement plans, the IRS has proposed a rule to address whether the normal retirement age under a governmental plan satisfies the requirements to preserve tax-qualified status.
IRS plan limitations for 2017 By Bernard G. Peter Employee Benefits, December 2016 Recently, the IRS issued the updated retirement plan limitations for 2017.
IRS proposes significant changes to valuation discount regulations By Jeffrey A. Mollet Agricultural Law, September 2016 On August 4, 2016, the IRS released proposed regulations (REG-163113-02) seeking to restrict valuation discounts in the context of family transfers.
Is it really new? By Bruce H. Schoumacher Construction Law, January 2016 A recent federal government contract case considered whether equipment delivered to the site was new. You may be surprised at the result.
Is it too soon to tell? What should happen to cryopreserved embryos in dissolution of marriage/separation cases By Raquel V. Chavez Family Law, September 2016 IVF and the legal implications that come with it are still new and changing quickly.
ISBA Alternative Dispute Resolution seminar on police/community relations By Hon. Ann Breen Greco Alternative Dispute Resolution, October 2016 A summary of this section's recent CLE program, “Police/Community Relations: the Role of Restorative Justice in Addressing Conflicts.”
ISBA Corporate Law Section revision to types of retirement plans By Bernard G. Peter Corporate Law Departments, December 2016 This article includes a useful chart to compare defined contribution plans.
ISBA hosts High School Mock Trial Invitational Young Lawyers Division, June 2016 Check out the photos from this year's mock trial, held at the U of I College of Law in Champaign.
ISBA Human Rights Section Council Gertz awarded to Cindy Galway Buys By Kelly Parfitt Human and Civil Rights, October 2016 Through her tireless representation, research and advocacy, Professor Buys has sought to give dignity and freedom to those seeking a better life in the United States.
ISBA Human Rights Section Council Gertz awarded to Cindy Galway Buys By Kelly Parfitt Women and the Law, August 2016 Through her tireless representation, research and advocacy, Professor Buys has sought to give dignity and freedom to those seeking a better life in the United States.