The authority to effectuate an arrest in IllinoisBy Larry A. DavisTraffic Laws and Courts, October 2000A new appellate court case, People vs. Kirvelaitis (No. 2-99-859, 2nd District, 8/9/00), contains an excellent discussion of a police officer's authority to arrest under current Illinois law.
Availability of experts in custody disputesBy Grace G. DicklerFamily Law, March 2000This writing will address the existing statutory scheme, case law, and proposed changes relative to the use of experts in custody and visitation cases.
Avoiding payment of child support to the SDUBy Chris E. FreeseFamily Law, June 2000If your client wants to submit to the court a Judgment of Dissolution of Marriage that avoids the payment of child support through the State Disbursement Unit (SDU), can the court approve such a judgment?
Avoiding payment of child support to the SDUBy Chris E. FreeseGeneral Practice, Solo, and Small Firm, April 2000If your client wants to submit to the court a Judgment of Dissolution of Marriage that avoids the payment of child support through the State Disbursement Unit (SDU), can the court approve such a judgment?
The A, B, and C of an ALJ decision: Gilchrist v. Human Rights Commission, No.1-99-1054, decided March 27, 2000By J.A. SebastianAdministrative Law, July 2000In Gilchrist v. Human Rights Commission, the First District Appellate Court held, sua sponte, that the Illinois Human Rights Commission (the "Commission") exceeded its statutory authority when it (1) entered an order that allowed an administrative law judge ("ALJ") to issue a written decision on a matter that the ALJ had not personally presided over, and (2) accepted, in its entirety, the "recommended order and decision" of that ALJ.
Baby boomers age and the effect on all of usBy Edward J. MitchellElder Law, March 2000Age Power:How the 21st Century Will be Ruled by the New Old by Ken Dychtwald, Ph.D. (Tarcher/Putnam, 1999 236 pp. $24.95) is not a law book as such nor does it give specific examples that we can use in our day-to-day practice.
Bankruptcy issues in oil and gasBy David W. ElmquistMineral Law, June 2000Following the downturn in the oil and gas industry and the bankruptcy cases filed in the late 1980s, there have been only a few bankruptcy decisions and statutory amendments to the Bankruptcy Code which have addressed oil and gas issues.
Beware the procedural pitfalls of vacating roadsBy Jeffrey A. MolletLocal Government Law, May 2000As with many aspects of the law, the procedural mechanisms established by statute can pose an enormous burden on elected officials who are trying to discharge the duties of their office.
Book reviewAlternative Dispute Resolution, June 2000In this issue, there is a special focus on two books, Arbitration Advocacy and Mediation Advocacy, both written by Jack Cooley.
Book reviewAlternative Dispute Resolution, March 2000The Heart of Conflict represents a departure from most of the other books reviewed in the newsletter.
Book reviewBy Dean M. FriedersAlternative Dispute Resolution, February 2000Business Dispute Resolution is the latest ADR offering from Tom Cavenagh. His other books including Alternative Dispute Resolution for Business and Teaching Leadership: Essays in Theory and Practice.
Boot camp graduateBy Jerry GormanLegal Technology, Standing Committee on, May 2000April 27 was a beautiful day in Chicago. And despite my concerns about ineptitude and an always-present desire to be playing golf on such days, I made my way to the Chicago Regional Office of the ISBA to report for boot camp.
A break for IDHR complainants?By Donald S. Rothschild & Richard F. Bruen, Jr.Labor and Employment Law, April 2000Cooper v. Salazar is a class action lawsuit now pending before the U.S. District Court of the Northern District of Illinois, before Judge Milton I. Shadur. Plaintiffs are alleging that certain 1996 amendments to the Illinois Human Rights Act ("IHRA") violate the Due Process Clause of the 14th Amendment.
A brief history of the UDRPBy Aaron W. BrooksIntellectual Property, May 2000Since January 3, 2000, all Internet domain name disputes have been governed by a single dispute resolution policy known as the Uniform Domain Name Dispute Resolution Policy (UDRP).
Briefly noted… by the editorLocal Government Law, April 2000A single violation of departmental rules authorizes dismissal. Moreover, where the plaintiff violated certain departmental rules of conduct when he chose to lie during a departmental investigation, discharge was an appropriate sanction.
The “burn down” guaranty: Yet another trap for the unwary lender?By John C. MurrayReal Estate Law, February 2000On May 26, 1999, the Illinois Appellate Court issued its decision in Bank of America National Trust and Savings Association v. Schulson, 305 Ill. App. 3d 941, 714 N.E. 2d 20 (1999), as modified upon denial of rehearing (June 30, 1999).
BusinessLaw Flash Points℠By Donna J. CunninghamBusiness and Securities Law, October 2000The U.S. Supreme Court has launched its own website, which contains court decisions, the court schedule and calendar, rules, bar admission forms, weekly orders granting and denying new appeals, and news releases.
BusinessLaw Flash Points℠By Donna J. CunninghamBusiness and Securities Law, June 2000Author's note: Lots going on this month, so this will be a longer than usual newsletter. However, many of this month's cases have not yet been posted. If a link does not work, try again later.
California Supreme Court approves mandatory predispute agreements to arbitrate statutory and other employment discrimination disputesBy Michael L. Wolframi & Matthew J. SaleyCorporate Law Departments, December 2000In a broad endorsement of predispute agreements to arbitrate employment claims, the California Supreme Court ruled in Armendariz v. Foundation Health Psychcare Services, Inc. that antidiscrimination claims brought under the California Fair Employment and Housing Act (FEHA) are arbitrable pursuant to a mandatory predispute arbitration agreement if the arbitration agreement permits an employee to vindicate his or her statutory rights.
A call for anecdotes concerning unauthorized practice of law in an environmental contextBy Stephen F. HedingerEnvironmental and Natural Resources Law, January 2000I venture to guess that virtually all lawyers practicing law for some minimal period of time have witnessed at least one instance of some non-lawyer performing a service or act which lawfully can be performed only by a lawyer. Realtors do it.
Calling all government attorneysHealth Care Law, December 2000The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency.
Calling all government attorneysBy Lynn PattonEmployee Benefits, December 2000The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency. Historically, neither the Attorney Registration and Disciplinary Commission nor the Illinois State Bar Association has maintained data with respect to those attorneys engaged in government practice.
Can a bank foreclose on an annexation agreement?By Christian SpesiaLocal Government Law, March 2000The Village Administrator calls to tell you that the Village has been named a defendant in a mortgage foreclosure suit.
Can owners of closely held companies realize IPO values without going public?By Robert S. SocolEmployee Benefits, January 2000The initial public offering (IPO) marketplace continues to perform at a feverish pace with seemingly no end in sight. Companies with no earnings history are "going public" at lofty values and companies with earnings are going public at incredible multiples of earnings.
Care hurtsElder Law, March 2000A recent study of persons who provide unpaid care to older persons indicated that two-thirds of the persons studied suffered economic loss in lost promotions, pay raises and training opportunities.
