The newsletter of the ISBA’s Bench & Bar Section Council
Browse articles by year: 2013 (53)
Newsletter articles from 2013
Judge Ann Jorgensen writes in honor of the 55th Anniversary of Law Day.
Determining whether “shall” means shall
In the recent case of People v. Ousley and in a prior case, People v. Robinson, the Illinois Supreme Court has repeatedly clarified the analytical framework within which to determine the meaning of “shall” in a particular statute and whether there is a consequence for a failure of a governmental official to fulfill an obligatory duty.
Disposition of frozen embryos is governed by contract
The case of Szafranski v. Dunston has drawn nationwide attention as it not only addresses emerging, cutting-edge legal issues with respect to the use of reproductive technology, but it also has engendered emotionally-charged debate regarding fundamental questions concerning the creation of families and whether a person can change his or her mind about being a potential parent.
Does an affidavit really prove a privilege?
Unlike summary judgment motions and proving service on an individual, there is no Supreme Court Rule, Code of Civil Procedure section or Rule of Evidence carving out an exception that permits the use of an affidavit to prove a privilege. In other words, your opposing counsel has a decent argument that your affidavit is inadmissible hearsay. Ignoring this risks falling short of meeting your burden.
The emotionally intelligent judge
How can psychology help judges learn to cope with their work-related emotions in a healthy, productive, professionally acceptable way?
Follow-up on the article
A reader's comments on the article, "Does an Affidavit Really Prove a Privilege,” and reaction to those comments from the article's author.
Illinois courts and the drug epidemic
This year, in recognition that drug-overdose deaths are the second leading cause of accidental death in the nation and deaths have increased significantly in recent years in both the Chicago Metropolitan Area and across Illinois, the Illinois General Assembly enacted legislation which provides for limited immunity from prosecution for any person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose.
Judicial presumptions are absolutely justified and essential to the administration of justice.
New Illinois Evidence Rule 502
Effective January 1, 2013, new Illinois Evidence Rule 502 establishes standards on losses of attorney-client privilege and work-product protection via disclosure.
Our flag was still there
The October 2012 Term of the United States Supreme Court has just wrapped up—A brief summary of the major decisions of the nation's highest Court.
Professionalism on tap on April 18
On April 18, 2013, the Bench and Bar Section of the Illinois State Bar Association will provide members of the Illinois bar with a unique opportunity to obtain the six hours of professionalism credit they need through Civility and Professionalism in 2013.