Articles From 2023

Update on the ISBA’s Diversity, Equity, Inclusion, and Accessibility Initiatives Regarding Disability and Disabled People By Patti Chang International and Immigration Law, January 2023 Updates on the ISBA's diversity, equity, inclusion, and accessibility initiatives with respect to disability and disabled people.
Update on the ISBA’s Diversity, Equity, Inclusion, and Accessibility Initiatives Regarding Disability and Disabled People By Patti Chang Agricultural Law, January 2023 Updates on the ISBA's diversity, equity, inclusion, and accessibility initiatives with respect to disability and disabled people.
Updates & Resources Elder Law, December 2023 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources Elder Law, October 2023 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources Elder Law, September 2023 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources Elder Law, August 2023 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources Elder Law, July 2023 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources Elder Law, June 2023 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources Elder Law, May 2023 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources Elder Law, April 2023 Updates and resources on various topics of interest to elder law practitioners.
Updates & Resources Elder Law, January 2023 Updates and resources on various topics of interest to elder law practitioners.
U.S. Department of Labor Announces Final Rule Revamp of the Davis-Bacon Act By Timothy Taylor & Nicole Elliott Labor and Employment Law, September 2023 The U.S. Department of Labor has announced the finalization of its new rule relating to the Davis-Bacon Act.
US EPA Approves ASTM Standard E1527-21 By William J. Anaya Environmental and Natural Resources Law, March 2023 The United States Environmental Protection Agency recently amended 40 C.F.R Part 312 and formally approved the recently revised  ASTM Standard E-1527-21 as satisfying the “all appropriate inquiry” requirement for Phase I Environmental Site Assessments.
U.S. Supreme Court Issues Ruling on the Clean Water Act as to Wetlands By Craig R. Hedin Corporate Law Departments, November 2023 On May 25, 2023, the United States Supreme Court issued a decision as to the jurisdiction of the U. S. Environmental Protection Agency on the Clean Water Act insofar as it pertains to the regulation of wetlands in Sackett v. EPA.
U.S. Supreme Court Issues Ruling on the Clean Water Act as to Wetlands By Craig R. Hedin Environmental and Natural Resources Law, October 2023 On May 25, 2023, the United States Supreme Court issued a decision as to the jurisdiction of the U. S. Environmental Protection Agency on the Clean Water Act insofar as it pertains to the regulation of wetlands in Sackett v. EPA.
U.S. Supreme Court Issues Unclaimed Property Opinion Escheating Intangible Property to the State of Purchase, Not the State of Incorporation: Delaware v. Pennsylvania By David J. Kupiec, JD,CPA & Natalie M. Martin, J.D. State and Local Taxation, May 2023 On February 28, 2023, the United State Supreme Court issued a 9-0 opinion in Delaware v. Pennsylvania, et al., holding that certain intangible instruments should generally escheat to the state of purchase under section 2503 of the Disposition of Abandoned Money Orders and Traveler’s Check Act.
U.S. Supreme Court Restricts Federal Jurisdiction Over Wetlands By Kristine A. Tidgren Agricultural Law, July 2023 On May 25, 2023, the U.S. Supreme Court significantly narrowed the definition of “waters of the United States.” 
The U.S. Supreme Court Rules in Favor of California’s Proposition 12 By Angela Peters Food Law, June 2023 National Pork Producers Council v. Ross involved a challenge to a California law known as Proposition 12.
U.S. Supreme Court Upholds California’s Proposition 12 Preserving Landmark Protections for Pigs, Chickens, and Calves By Lisa Velez Animal Law, June 2023 The Supreme Court's decision in NPCC v. Ross upholds California's Proposition 12, a farm animal protection ballot measure that voters passed into law in 2018. Proposition 12 requires that calves raised for veal, mother pigs, and egg-laying hens be housed in systems that comply with specific standards for freedom of movement, cage-free design, and specified minimum floor space, including that they be provided at least enough space to stand up, turn around and extend their extremities.
U.S. Treasury Department and Internal Revenue Service Give Employer Sponsors of 401(k) Plans Welcome Relief By Bernard G. Peter Corporate Law Departments, October 2023 In August 2023, the U.S. Treasury Department and the IRS issued Notice 2023-62.
USDA Animal Rules By Angela Peters Animal Law, September 2023 An overview of recent and proposed changes to USDA rules regarding animals, why they are necessary, and how they change the previous standards.
The Use of Artificial Intelligence in Commercial Litigation By Judge Michael Chmiel Commercial Banking, Collections, and Bankruptcy, April 2023 The use of artificial intelligence in the legal industry has been on the rise in recent years and has been particularly useful in commercial litigation.
The Use of Capitalization Rates in the Income Approach to Value By Donald T. Rubin State and Local Taxation, November 2023 Numerous variables have to be considered when establishing an appropriate capitalization rate to be applied to a net income stream for the purpose of deriving a market value for a property by way of the “income approach” to value.
Use of Emotional Distress Instruction By Nicholas T. Motherway Tort Law, April 2023 In at least the past 20 years it is established that emotional distress is a proper element of damages in all personal torts and no expert evidence is needed to prove emotional distress.
USEPA Proposes Further Rules to Limit Methane Emissions By Craig R. Hedin Environmental and Natural Resources Law, January 2023 The U.S. Environmental Protection Agency has issued proposed supplemental rules to update, strengthen, and expand its November 2021 proposals with respect to methane emissions from new and existing sources in the oil and gas industry.
Utilization Reviews: Needed? Wanted? Weight? By Suzanne Nyhan Workers’ Compensation Law, March 2023 A summary and analysis of Montgomery v. Illinois Workers’ Compensation Comm'n.
The Value of a Narrative Response in Family Law Cases By Judge James A. Shapiro & Adam R. Heusinkveld Bench and Bar, December 2023 In domestic relations matters, many practitioners follow practice conventions that defy statutory rules governing pleading in civil matters and forgo the opportunity to educate the court by providing written argument and citation to case law in support of legal positions—most often, this occurs in the context of responding to motions.
Violette Neatly Anderson: The First African American Admitted to Practice Before the Supreme Court By Ashly McCants Giddens Women and the Law, February 2023 A look at the life and career of Violette Neatly Anderson, who made history by being the first black woman to be admitted to practice law in front of the U.S. Supreme Court.
Violette Neatly Anderson: The First African American Admitted to Practice Before the U.S. Supreme Court By Ashly McCants Giddens Diversity Leadership Council, June 2023 A look at the life and career of Violette Neatly Anderson, who made history by being the first black woman to be admitted to practice law in front of the U.S. Supreme Court.
Violette Neatly Anderson: The First African American Admitted to Practice Before the U.S. Supreme Court By Ashly McCants Giddens Racial and Ethnic Minorities and the Law, April 2023 A look at the life and career of Violette Neatly Anderson, who made history by being the first black woman to be admitted to practice law in front of the U.S. Supreme Court.