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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.