Section Newsletters

Articles From 2024

Statement of the ISBA Human and Civil Rights Section Council on the Urgency to Enforce International Humanitarian Law and to Protect Human Rights in Israel and Palestine International and Immigration Law, February 2024 The ISBA Human and Civil Rights Section Council drafted a statement in support of the human rights of all people around the globe in the wake of conflict.
Statement of the ISBA Human and Civil Rights Section Council on the Urgency to Enforce International Humanitarian Law and to Protect Human Rights in Israel and Palestine Human and Civil Rights, February 2024 The ISBA Human and Civil Rights Section Council drafted a statement in support of the human rights of all people around the globe in the wake of conflict.
States Split on Arbitrability of Wrongful Death Claims By Jay Schleppenbach Alternative Dispute Resolution, July 2024 Arbitration practitioners need to be aware that the arbitrability of wrongful death claims is a disputed issue.
Statutory Amendments Affecting the Illinois Power of Attorney for Property – Boon or Bane for Estate Planning Attorneys? By Mia O. Hernandez & Jennifer Bunker Skerston Trusts and Estates, December 2024 Recently, lively discussion ensued among estate planning practitioner members of the Trusts and Estates Section on the ISBA Central Community discussion board regarding Public Act 103-0994, effective January 1, 2025, which amends the Illinois Power of Attorney Act to add and describe unreasonable and reasonable causes for a third party to refuse to honor powers of attorney for property. The impetus for the Act’s amendment was to redress the perceived problem that it is not uncommon for third parties to unreasonably reject powers of attorney for property. 
Statutory Summary Suspensions/Revocations and Type A Injury Accidents By Larry A. Davis Traffic Laws and Courts, March 2024 One of the more confusing aspects of the statutory summary suspension/revocation scheme in Illinois involves personal injury accidents and, more particularly, those known as Type A personal injury accidents.
Street Gangs in Relation to Claims for Asylum: Part I By Ralph E. Guderian International and Immigration Law, October 2024 Part I on street gangs seeking asylum, including the mafia and Capone's tactics and much more.
Striking a Balance Between Justice and Impartiality By Judge E. Kenneth Wright, Jr. Bench and Bar, October 2024 As legal professionals, we bear an ethical responsibility to enhance access to justice by mitigating the barriers that disproportionately burden SRLs. Their presence in our judicial system is a given; the pressing question is how best to support and assist them.
Succession Planning: Good for You, a Must for Your Clients By Bob Downs, Leonard Amari, Eugenia Hunter, John H. Maville, & Raquel Martinez Elder Law, March 2024 The Senior Lawyers Section Council recently charged a committee with looking into succession planning.
Succession Planning: Good for You, a Must for Your Clients By Bob Downs, Leonard Amari, Eugenia Hunter, John H. Maville, & Raquel Martinez Law Office Management and Economics, Standing Committee on, March 2024 The Senior Lawyers Section Council recently charged a committee with looking into succession planning.
Succession Planning: Good for You, a Must for Your Clients By Bob Downs, Leonard Amari, Eugenia Hunter, John H. Maville, & Raquel Martinez Senior Lawyers, February 2024 The Senior Lawyers Section Council recently charged a committee with looking into succession planning.
Summary of Students for Fair Admission, Inc. v. President and Fellows of Harvard College and University of North Carolina and Its Implications By Cindy G. Buys Diversity Leadership Council, June 2024 In Students for Fair Admission, Inc. v. President and Fellows of Harvard College and University of North Carolina, the U.S. Supreme Court held that race-conscious affirmative action is unconstitutional.
Summary of Students for Fair Admission, Inc. v. President and Fellows of Harvard College and University of North Carolina and Its Implications By Cindy G. Buys Racial and Ethnic Minorities and the Law, April 2024 In Students for Fair Admission, Inc. v. President and Fellows of Harvard College and University of North Carolina, the U.S. Supreme Court held that race-conscious affirmative action is unconstitutional.
Summary of Students for Fair Admission, Inc. v. President and Fellows of Harvard College and University of North Carolina and Its Implications By Cindy G. Buys Human and Civil Rights, February 2024 In Students for Fair Admission, Inc. v. President and Fellows of Harvard College and University of North Carolina, the U.S. Supreme Court held that race-conscious affirmative action is unconstitutional.
A Summary of the Trusts & Estates Section Council’s April 5, 2024 Business Meeting By Jennifer Bunker Skerston Trusts and Estates, September 2024 A summary of the April Trusts & Estates Section Council business meeting.
A Summary of the Trusts & Estates Section Council’s Sept. 22, 2023, Business Meeting By Jennifer Bunker Skerston Trusts and Estates, January 2024 A summary of the September 2023 Trusts & Estates Section Council business meeting.
Support For a Disabled Child Under 750 ILCS 5/513.5 By Elizabeth Felt Wakeman Family Law, October 2024 A look at 750 ILCS 5/513.5, including Practice Pointers.
Support for Proposed ABA Resolution Recognizing the Equal Rights Amendment to the U.S. Constitution By Professor Cindy G. Buys Human and Civil Rights, May 2024 The American Bar Association is expected to consider adoption of a resolution recognizing the Equal Rights Amendment as the 28th Amendment to the U.S. Constitution.
Supreme Court Clarifies That Courts Must Stay Rather than Dismiss Cases Referred to Arbitration By Stephen I. Lane Commercial Banking, Collections, and Bankruptcy, October 2024 In Smith v. Spizzirri, a court cannot deny a party's request for a stay pending arbitration and dismiss the case. Section 3 of the FAA compels the court to issue a stay.
Supreme Court Clarifies That Courts Must Stay Rather than Dismiss Cases Referred to Arbitration By Stephen I. Lane Alternative Dispute Resolution, September 2024 In Smith v. Spizzirri, a court cannot deny a party's request for a stay pending arbitration and dismiss the case. Section 3 of the FAA compels the court to issue a stay.
The Supreme Court Ends Practice of Dismissing, Rather Than Staying, Lawsuits Compelled to Arbitration By Luis A. Perez, Ildefonso P. Mas, & Nikolas L. Volosin Federal Civil Practice, June 2024 On May 16, 2024, the Supreme Court unanimously decided in Smith v. Spizziri that the Federal Arbitration Act divests federal district courts of any discretion to dismiss arbitrable claims that are compelled to arbitration.
Supreme Court Holds SOX Whistleblowers Need Not Show Retaliatory Intent By Jay Schleppenbach Business and Securities Law, May 2024 Until the U.S. Supreme Court issued its decision in Murray v. UBS Securities, LLC, it was not entirely clear what a Sarbanes-Oxley Act whistleblower had to show in terms of intent to establish a claim.
Supreme Court Rules That Judges—Not Arbitrators—Must Resolve Disputes Where Various Agreements May Govern a Particular Dispute and Those Agreements Conflict on the Forum for Deciding Arbitrability By Alejandro E. Moreno & Tori D. Kutzner Federal Civil Practice, June 2024 In Coinbase, Inc. v. Suski, the U.S. Supreme Court once again delved into the frequently litigated arena of arbitration agreements. 
Tag You’re @It: Creative Service With #SocialMedia By Jamine Morton Rogers & Blake Kolesa Young Lawyers Division, February 2024 Rules permitting alternative service through social media platforms provide a new angle for attorneys hoping to serve the most evasive defendants.
Take Your Firm From Surviving to Thriving By Jeff Schoenberger Law Office Management and Economics, Standing Committee on, March 2024 Simple steps to take your law firm from surviving to thriving.
A Tale of Two Licenses By Michael G. Cortina Senior Lawyers, October 2024 “No person shall be eligible to be a Judge or Associate Judge unless he is a United States citizen, a licensed attorney-at-law of [Illinois], and a resident of the unit which selects him.” 
A Tale of Two Licenses By Michael G. Cortina Bench and Bar, September 2024 “No person shall be eligible to be a Judge or Associate Judge unless he is a United States citizen, a licensed attorney-at-law of [Illinois], and a resident of the unit which selects him.” 
The Tax Code and Bankruptcy Code Collide: Navigating the Maze of IRS Income Tax Dischargeability in Chapter 7 Bankruptcy By Robert V. Schaller Federal Taxation, March 2024 In the ever-evolving landscape of bankruptcy law, the dischargeability of IRS back taxes via Chapter 7 bankruptcy remains a beacon of hope for many grappling with financial burdens.
Tax Legislation Remains Stalled in Senate By Philip Speicher Federal Taxation, June 2024 The Tax Relief for American Families and Workers Act of 2024 is a $78 billion bipartisan tax bill that would extend or increase certain tax benefits for families and businesses, but its future appears uncertain after stalling in the Senate.
Taxable IRAs and Credit Shelter Trusts Under the SECURE Act By Curt W. Ferguson Employee Benefits, June 2024 Trusts can be designed to give the second and third beneficiary types broad control over their inheritance even while they benefit from the tax and catastrophe protections.
Taxable IRAs and Credit Shelter Trusts Under the SECURE Act By Curt W. Ferguson Trusts and Estates, May 2024 Trusts can be designed to give the second and third beneficiary types broad control over their inheritance even while they benefit from the tax and catastrophe protections.
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