Articles From 2024

USEPA Finalizes Rule to Collect Waste Emissions Charge By Craig R. Hedin Mineral Law, December 2024 On November 12, 2024, the USEPA announced the final rule with respect to collecting a WEC to better ensure that methane gas reaches the market rather than polluting the air. The final rule implements the directive of Congress and incentivizes operators to take action to conserve energy resources for consumers and to reduce methane emissions.
USEPA Methane Regulations By Craig R. Hedin Environmental and Natural Resources Law, May 2024 The U.S. Environmental Protection Agency has finalized new rules expanding methane emissions regulations for the oil and natural gas industry. 
USEPA Methane Regulations By Craig R. Hedin Environmental and Natural Resources Law, April 2024 The U.S. Environmental Protection Agency has finalized new rules expanding methane emissions regulations for the oil and natural gas industry. 
USEPA Methane Regulations By Craig R. Hedin Mineral Law, March 2024 The U.S. Environmental Protection Agency has finalized new rules expanding methane emissions regulations for the oil and natural gas industry. 
USPTO Issues New Artificial Intelligence Guidelines for Practitioners By Kristen Brooks & Aaron Brooks Intellectual Property, June 2024 The U.S. Patent and Trademark Office recently issued its Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office.
The Value of a Narrative Response in Family Law Cases By Judge James A. Shapiro & Adam R. Heusinkveld Family Law, January 2024 The failure of many family law practitioners to appreciate the distinction between pleadings and motions results in the common practice of using the “admit/deny” format in responding to motions. 
Venue and Applicable Law in Construction Disputes in Illinois By James M. Dash Construction Law, April 2024 Unless told otherwise, a contractor who works on a project probably expects that, if a dispute arises out of its compliance with the contract or payment thereunder, the dispute will be heard locally and will be governed by local law.
Viewpoint: Climate change is real … and farmers are the solution By Charles R. Stack, MPH, BCES, MASCE Food Law, October 2024 As a graduate student at the University of Illinois in the early 1980s, I learned about the immense complexity of the climate riddle and how much farmers contribute to the solutions. I bristle when I read articles blaming American farmers for methane emissions from “cow farts,” dead zones in the Gulf of Mexico from poor fertilizer practices, and other perceived acts that damage our environment.
Village Violates Litigation and Bargaining Exceptions to Open Meetings Act By Nemura Pencyla Employee Benefits, May 2024 The appellate court recently reiterated important issues and rules public bodies must follow when conducting public meetings in light of the Freedom of Information Act and the Open Meetings Act.
Voluntary Intoxication to Negate Specific Intent? People v. Grayer Gives the Green Light By Mark Kevin Wykoff, Sr. Criminal Justice, March 2024 The Illinois Supreme Court recently considered whether evidence of voluntary intoxication is relevant to the issue of intent given that the legislature amended section 6-3 of the Criminal Code of 1961, removing voluntary intoxication as an affirmative defense
Voting Rights for Individuals in Long-Term Care Facilities By Karen Alice Kloppe Law Related Education for the Public, October 2024 Individuals who are in long-term care facilities may face various barriers during election cycles. Making voting easier is important for civil engagement by this population given the policy decision focus on health aging in the nation.
Walter Kohut v. IWCC: Law of the Case Argument Falls Flat By Matteo Rago Workers’ Compensation Law, April 2024 An analysis Walter Kohut v. IWCC, an opinion involving a 19(h) petition for increased disability.
Webinar Series for the National Agricultural Law Center By Angela Peters Food Law, May 2024 As part of its mission, the National Agricultural Law Center is hosting a series of webinars on current and emerging important agricultural and food law topics.
Welcome Back to 2024 By Judge Michael Chmiel Commercial Banking, Collections, and Bankruptcy, May 2024 An introduction to the issue from the editor.
A Welcome From the Section Council Chair By Jay Schleppenbach Business and Securities Law, January 2024 A note from the chair.
Welcome to the Fall of 2024 By Hon. Michael J. Chmiel Commercial Banking, Collections, and Bankruptcy, October 2024 A note from the editor. 
Welcome to the Rural Practice Section By Angel Wawrzynek Rural Practice, October 2024 The Rural Practice Section Newsletter is intended to circulate articles and information from the various sections addressing substantive legal updates as well as addressing law practice management and other topics of interest to general rural practitioners. 
Welcome! What Can I Do For You(ng Lawyers)? By Hannah R. Lamore Young Lawyers Division, August 2024 A note from the chair of the Young Lawyers Division.
What Can You Do If Your Client Signed a Release? By Brion W. Doherty Tort Law, April 2024 A release may be unenforceable if neither plaintiff nor defendant understand the true nature of the plaintiff's injuries on the date the release is signed.
What Do We Mean by ESG? By Christopher P. Perzan Environmental and Natural Resources Law, December 2024 ESG stands for Environmental, Social, Governance. Easy enough, but not very enlightening. Whether it is ESG, sustainability, CSR, CSV, SDGs, or another term, this paradigm is ultimately broadly about a transparent process to understand the environmental and social impacts of an enterprise followed by a plan of action to address those impacts. This approach also allows a company to understand and address external or internal risks, identify potential opportunities, and inform strategic decisions.
What Is a Trust? Part 1: Is a Trust an Entity? By Sherwin D. Abrams Real Estate Law, February 2024 Is a trust a relationship, or is it an entity that can hold title to property and that can sue and be sued? The authorities differ.
What Is a Trust? Part 2: Does It Matter? By Sherwin D. Abrams Real Estate Law, January 2024 Is a trust a relationship or is it an entity that can hold title to property and that can sue and be sued? The authorities differ.
What Is Civility Anymore in Government Practice? By Angela Fyans-Jimenez Government Lawyers, November 2024 Civility in government practice is crucial for fostering trust, collaboration, and effective communication among officials, constituents, and stakeholders. It involves respectful dialogue, transparency, and a commitment to ethical behavior. If, we, as government practitioners plant the seeds of civility at our level, the hope is that it will grow through multiple levels of governance.
What Is Sex Discrimination? By Madonna T. Lechner Law Related Education for the Public, October 2024 On May 14, 2024, the States of Kansas, Alaska, Utah, and Wyoming filed a complaint against the U. S. Department of Education in Federal District Court alleging that the revised regulation implementing Title IX is contrary to law.
What Is the Effect of Section 1286.40 of the Illinois State Police Rules on a DUI Prosecution? By Larry A. Davis Traffic Laws and Courts, March 2024 In People v. Heineman, the Illinois Supreme Court considered a challenge to the conversion factor provided for in section 1286.40 of the Illinois State Police administrative rules in a criminal proceeding when the state sought to establish the defendant's whole blood alcohol concentration based on an emergency room treatment serum blood alcohol test result.
What Is the Judicial Performance Evaluation Program? Insights From a Facilitator By Mitchell L. Hoffman Bench and Bar, June 2024 Under the Illinois Supreme Court program for mandatory judicial evaluation, judges are confidentially evaluated by the attorneys who appear before them and the court staff who serve in their courtrooms
What Is the Judicial Performance Evaluation Program?: Insights From a Facilitator By Mitchell L. Hoffman Commercial Banking, Collections, and Bankruptcy, October 2024 Under the Illinois Supreme Court program for mandatory judicial evaluation, judges are confidentially evaluated by the attorneys who appear before them and the court staff who serve in their courtrooms
What Is the Judicial Performance Evaluation Program?: Insights from a Facilitator By Mitchell L. Hoffman Bench and Bar, September 2024 Judges, just like the attorneys who practice in their courtrooms, benefit greatly from feedback on how well they’re performing in their jobs. While attorneys typically work closely with their peers, and likely undergo regular performance reviews in their law firms, this process is more difficult for judges.
What’s New in Secretary of State Restricted Driving Permits? By Ted Harvatin Traffic Laws and Courts, May 2024 The number one concern of most DUI clients who are not facing significant time in jail is the impact a DUI will have on their driver’s license and driving privileges.
What’s New in the Law Schools By Leonard F. Amari Senior Lawyers, October 2024 A glance at the NextGen Bar Exam, the JD Next Admissions concept, and alternative licensing beyond the traditional bar exam.