Section Newsletters

Articles From 2016

Recent developments in the Seventh Circuit’s class action jurisprudence: Not as pro-plaintiff as they first appear By Daniel Thies Federal Civil Practice, April 2016 In the past two years the Seventh Circuit has issued a spate of decisions appearing to favor class plaintiffs.
Recent education law cases By Phil Milsk, Claudia E. Castro, & Rob Lyons Education Law, November 2016 Three recent cases of interest to education law practitioners.
Recent Illinois Appellate Court opinion, in concert with the new Act on preventing sexual assault on college campuses, may help curb such violence By Sharon L. Eiseman Racial and Ethnic Minorities and the Law, October 2016 The case, Omid Shariat Razavi v. Eva Walkuski and Ariel Zekelman and School of the Art Institute of Chicago, furthers the protections afforded to those students who report their attackers to school personnel.
Recent PAC opinion and materials By Michael T. Jurusik Local Government Law, June 2016 Proposed and enacted legislation of interest.
Recent Public Access Counselor opinions and materials By Michael T. Jurusik Local Government Law, January 2016 Illinois' Attorney General has recently issued the following Public Access Counselor opinions.
Recent studies confirm much still needs to be done for women to gain parity in the profession By Michele M. Jochner Women and the Law, February 2016 Although the distribution of men and women in our profession is at roughly a 2 to 1 ratio, men are three times more likely than women to appear in lead roles in civil cases—especially in those matters which are financially lucrative and high-profile.
A red flag: Orders of Protection and deportability for resident aliens By Patrick M. Kinnally International and Immigration Law, June 2016 Recent case law shows what may amount to misdemeanor or perhaps civil violations of protection orders may have far-reaching consequences including removal from the United States.
Refining misconduct: Discrimination and harassment within the Illinois Model Rules of Professional Conduct By Emily A. Hansen Women and the Law, October 2016 Author Emily Hansen argues that the ABA's recently passed amendment to Model Rule 8.4 of the Model Rules of Professional Conduct is too broad.
Registration – An important function of the Attorney Registration and Disciplinary Commission By Carl R. Draper General Practice, Solo, and Small Firm, December 2016 Are you aware of the possible consequences of not completing your ARDC registration by December 31st?
The regulation process from a business attorney’s perspective By James S. Peters Business Advice and Financial Planning, June 2016 The Illinois General Assembly, through its Joint Committee on Administrative Rules , has made it very easy for attorneys representing business clients to monitor and participate in the rulemaking process that will directly impact all types of Illinois businesses.
2 comments (Most recent July 5, 2016)
The relation back doctrine trumps the medical malpractice statute of repose By Hon. Alfred M. Swanson, Jr. (Ret.) Bench and Bar, April 2016 The question facing the First District was whether the medical malpractice statute of repose prohibited the relation back doctrine from allowing the plaintiff to add a wrongful death claim under the Wrongful Death Act to an existing lawsuit.
Release and indemnification of a trustee: Best practice recommendations for practitioners By Anthony L. Engel & Kelli Chase Plotz Trusts and Estates, October 2016 Acting as Trustee can be a risky endeavor. Practitioners can help protect Trustees (and encourage qualified parties to act as Trustee) by explicitly authorizing a Trustee to request a release and indemnification in their trust documents. Some statutory changes could be helpful, as well.
Rembrandt, AI, and 3-D printing: Has forgery been perfected? By Charles Lee Mudd, Jr. Intellectual Property, September 2016 Current computer developments foster re-evaluation of intellectual property laws, especially copyright. To promote Dutch arts and culture, ING Bank hired JWT Amsterdam advertising agency to develop a computer program to paint like Rembrandt, one of the best-known Dutch artists. The website www.nextrembrandt.com describes the process and shows the result. How does that technology change the legal landscape?
Remembering Judge Jean Prendergast Rooney By Kyle Garmes Women and the Law, February 2016 Although Jean Prendergast Rooney was a woman of remarkable abilities in her profession and family life, her 15-month fight against leukemia proved to be insurmountable.
Remembering Justice Thomas Fitzgerald By Marie K. Sarantakis Bench and Bar, June 2016 On May 11, 2016, the Illinois Supreme Court hosted a memorial tribute to another legal legend, recognizing the late Justice Thomas Fitzgerald’s continued impact on the legal community.
Removal proceedings: A right of cross-examination By Patrick M. Kinnally International and Immigration Law, September 2016 A recent opinion from our Seventh Circuit Court of Appeals, Karroumeh v. Lynch, is a fair example of why cross examination in immigration cases is a safeguard immigration courts need to not only implement, but require.
Replacing American workers with foreign workers may be discrimination By Michael R. Lied Labor and Employment Law, April 2016 The INA’s anti-discrimination provision only prohibits intentional discrimination. This means that to engage in unlawful citizenship status discrimination, an employer must have acted “because of” citizenship or immigration status.
Report on Illinois Supreme Court’s Rules Committee Hearing on Proposed Rule to End Indiscriminate Shackling of Children By Elizabeth Clarke Child Law, September 2016 The Rules Committee of the Illinois Supreme Court met  to review a proposal to end indiscriminate shackling of children in court. This is a national effort initiated by the National Juvenile Defender Center, and spearheaded in Illinois by the Illinois Justice Project.
Required exhaustion of remedies in discrimination cases: Good-faith attempts and bureaucratic inaction can be fatal to a claim By Carl R. Draper Labor and Employment Law, December 2016 Recently, the United States Court of Appeals for the Seventh Circuit decided Carlson v. Christian Brothers Services, which gave a sharp identification of the exacting nature of the exhaustion requirement.
2 comments (Most recent December 21, 2016)
Requirements contract or not? No courts agree By Stephen M. Proctor Business Advice and Financial Planning, March 2016 Any buyer that expects to have an assured supply of products by purchasing its requirements from a specific seller should make clear in the agreement that the buyer is also committing to purchase its requirements from the seller exclusively, exposing the buyer to damages if the buyer goes elsewhere for it products.
Resources for children in domestic cases in Cook County and surrounding collar counties By Lisa Giese & Andrea Kmak Child Law, December 2016 It is important that attorneys, the courts and families know of the recourses available to the children of this state.
Response to “Taking on Mandatory Arbitration at For-Profits” By Mark Rouleau Alternative Dispute Resolution, October 2016 Author Mark Rouleau offers his perspective on an article published in the June issue of this newsletter.
Restorative justice: A perspective from the bench By Hon. Sophia H. Hall Trusts and Estates, May 2016 The author shares her thoughts on restorative legal processes.
Restorative justice: A perspective from the bench By Hon. Sophia H. Hall Bench and Bar, January 2016 The author shares her thoughts on restorative legal processes.
Resume tips: How to maximize your chances of getting hired By Justin Green Young Lawyers Division, December 2016 Some tips to boost your resume and maximize your chances of landing that dream job.
Review of Illinois mental health legislation—2015 By Mark J. Heyrman Mental Health Law, March 2016 Highlights of the bills passed in Illinois in 2015 that affect those who work in the mental health field.
Review of Surface Pro: It is a great multi-tasker By Carl R. Draper Legal Technology, Standing Committee on, August 2016 A review of the advantages of a multi-purpose tablet/laptop like the Surface Pro.
Revisions to civil jury instructions regarding contracts By Hon. Barbara Crowder Civil Practice and Procedure, June 2016 An overview of the changes in the jury instructions regarding Contracts found in the 700.00 sections of the Illinois Pattern Instructions (Civil) that were issued in April 2016.
Revocable living trust, tenancy by the entirety, and a little loss of privacy By Michael J. Maslanka Real Estate Law, April 2016 As a result of Loventhal v. Edelson, bankruptcy attorneys should be sure to list the tenancy by the entirety exemption on Schedule C of the bankruptcy petition, and real estate attorneys should be reminded to have both spouses sign any deed conveying their property to themselves as tenants by the entirety, whether in a trust or otherwise.
Right-to-work: Winning the race to the bottom By Paul A. Prendergast & James S. Shovlin Labor and Employment Law, April 2016 An argument in opposition to right to work laws.