Publications

Articles From 1999

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The Three “A”s of Business Planning

By Paul Sullivan
November
1999
Column
Page 611
If you really want to succeed as a lawyer, you need a plan.

To prove a prima facie case of discrimination under the Human Rights Act, the plaintiff must show that she is handicapped as defined in that Act

January
1999
Illinois Law Update
Page 13
On November 12, 1998, the first district of the Illinois Appellate Court held that the city's failure to consider accommodations in its hiring decisions regarding the blind plaintiff did not rise to the level of unlawful discrimination under the Human Rights Act because the plaintiff was not considered handicapped within the meaning of the Act.

Training Associates: The Write Stuff

By Lisa J. Freedman
July
1999
Column
Page 385
Taking time to help associates to write better will pay in the long run.

Treaties and Selected Foreign Law Research: A Primer for Illinois Attorneys

By James E. Duggan
November
1999
Column
Page 613
When confronted with those occasional (but inevitable) questions about foreign law, where do you turn? Read on and find out.

Trust Accounts and the New Rules for Real Estate Closings

By Paul Sullivan
May
1999
Column
Page 281
Now lawyers can conduct real estate closings and distribute checks before the buyer's check has cleared, putting them on a level field with title companies and lenders.

Uncomplicating the Citation Process

By Andrea Kaufman
December
1999
Column
Page 675
Move over Bluebook; a soon-to-be-released citation manual provides much clearer answers with many fewer words.

Under a business liability insurance policy, an insurer may deny coverage for wrongful death suits where an insured’s actions are willful and malicious.

June
1999
Illinois Law Update
Page 304
On April 15, 1999, the Illinois Supreme Court reversed the appellate and circuit courts.

Understanding Section 2-619(a)(3) Motions to Dismiss or Stay

By Craig M. Bargher
June
1999
Column
Page 327
Litigants can use section 2-619(a)(3) to seek stays or dismissals when another cause of action involving the "same parties'' and "same cause'' is pending.

Uniform permits for interstate transportation of solid waste

August
1999
Illinois Law Update
Page 406
On July 1, 1999, the Illinois Pollution Control Board will enact new amendments to section 811 of the Illinois Administrative Code. 35 Ill Adm Code 811.

Unilateral modifications to an employee handbook that disadvantage an employee fail for lack of consideration

April
1999
Illinois Law Update
Page 190
On February 19, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court when it held that an employer may not unilaterally alter the terms of a contract to an employee's disadvantage in the absence of a reservation of the right by the employer to make such a change.

Updated List of Illinois Endangered and Threatened Fauna

July
1999
Illinois Law Update
Page 351
On April 26, 1999, the Illinois Department of Natural Resources adopted amendments to section 1010.30 of the Illinois Administrative Code updating the list of endangered and threatened fauna in Illinois by adding new species to the list and removing those no longer endangered or threatened. 17 Ill Adm Code 1010.

The U.S. Supreme Court Expands Excessive Fines Clause Protection in Austin and Bajakajian

By Michele M. Jochner
February
1999
Article
Page 78
These two rulings give practitioners new ammunition with which to challenge civil and administrative fines and sanctions.

Using Illinois Legal Encyclopedias

By James E. Duggan
March
1999
Column
Page 167
You loved 'em as a kid and as a law student — now that you're a lawyer, don't overlook encyclopedias as you begin your legal research.

Using the Single-Subject Rule to Invalidate Legislation: A Better Approach?

By Michael J. Kasper
March
1999
Article
Page 146
The author argues that there is a better way for courts to limit legislators' power to combine diverse subjects into a single bill and offers an alternative.

Value-Based Estate Planning: Using Trusts to Promote and Reward Behavior

By Paul A. Meints
March
1999
Article
Page 138
Do your clients know they can use trusts to encourage good behavior by trust beneficiaries? This questionnaire can help you help them do value-based estate planning.

Vindictive action equal protection cases do not require an “orchestrated campaign official harassment”

January
1999
Illinois Law Update
Page 13
On November 12, 1998, the Seventh Circuit of the United States Court of Appeals reversed the district court's holding that Email v Macrane, 53 F3d 176 (7th Cir 1995), required an "orchestrated campaign official harassment'' motivated by "sheer malice'' in vindictive action equal protection claims.

Visit E-Commerce Article Online and “Ask the Authors”

By Stephen C. Buser
June
1999
Column
Page 295
The lineup for this month's IBJ reflects the Internet's immense impact on business, the workplace, and the law.

What Do Clients Really Want? It’s Time You Found Out

By Anne E. Thar
June
1999
Column
Page 331
Here's a survey to help you improve your deskside manner.

When a Single Parent Dies: Custody Disputes After the Death of the Custodial Parent

By Joy D. Fisher
November
1999
Article
Page 588
If a single parent names someone other than the noncustodial parent as guardian of the child, do courts enforce that wish? It depends.

When an insured motorist has two underinsured motorists coverage policies, the primary insurer may take only one setoff for an insured’s workers’ compensation benefits, and no setoff for the insured’s social security disability benefits

January
1999
Illinois Law Update
Page 13
On October 29, 1998, the Illinois Supreme Court affirmed in part and reversed in part the appellate court's holding on setoffs applicable to two insurance policies for underinsured motorist coverage.

Why not be an IBJ author?

April
1999
Column
Page 182
Like every issue of the Illinois Bar Journal, this one contains an array of articles for and, with few exceptions, by Illinois lawyers.

Workers’ Comp Claimants Now Entitlted to Penalties for Wrongful Nonpayment of Medical Bills

By James W. Ackerman
June
1999
Column
Page 329
The Illinois Supreme Court struck a blow for workers' comp claimants in McMahan v Industrial Commission. This article describes the ruling and its impact.

Workers’ Comp Malpractice Headaches

By Anne E. Thar
April
1999
Column
Page 219
Workers' comp lawyers are cursed with a special set of headaches. The remedy? Follow this advice.

Working Around the Workers’ Compensation Act’s “Exclusive Remedy” Provision

By Molly C. Mason
January
1999
Article
Page 40
When can workers sue employers in tort, and when are they limited by the "exclusive remedy'' provision of the workers' comp statute?

Working with Older Witnesses

By Julie A. Braun
November
1999
Column
Page 607
Here's how to meet the special needs of older witnesses and help them testify more effectively.

Writing with Your Audience in Mind

By Maureen B. Collins
May
1999
Column
Page 285
Give your audience what it wants; first, though, figure out who your audience is.

A Year of Challenge and Joy

By Timothy L. Bertschy
June
1999
Column
Page 296
As my term as ISBA president comes to a close, I reflect on a year of constant challenge and joy.

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