Articles From 2000

The authority to effectuate an arrest in Illinois By Larry A. Davis Traffic Laws and Courts, October 2000 A 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.
Auto body shop owner entered into price-fixing arrangement in violation of Illinois Antitrust Act By Marija Popovic April 2000 The Illinois Attorney General filed suit against six body shop owners for price-fixing in violation of the Illinois Antitrust Act, 740 ILCS 10/3(1).
Availability of experts in custody disputes By Grace G. Dickler Family Law, March 2000 This 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 SDU By Chris E. Freese Family Law, June 2000 If 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 SDU By Chris E. Freese General Practice, Solo, and Small Firm, April 2000 If 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, 2000 By J.A. Sebastian Administrative Law, July 2000 In 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 us By Edward J. Mitchell Elder Law, March 2000 Age 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 gas By David W. Elmquist Mineral Law, June 2000 Following 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 roads By Jeffrey A. Mollet Local Government Law, May 2000 As 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.
Beyond the pension code: A review of police and fire disability and death benefits By Shawn P. Flaherty Local Government Law, April 2000 Police protection and fire protection are arguably the two most important services provided by local government.
Book review Alternative Dispute Resolution, June 2000 In this issue, there is a special focus on two books, Arbitration Advocacy and Mediation Advocacy, both written by Jack Cooley.
Book review Alternative Dispute Resolution, March 2000 The Heart of Conflict represents a departure from most of the other books reviewed in the newsletter.
Book review By Dean M. Frieders Alternative Dispute Resolution, February 2000 Business 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 graduate By Jerry Gorman Legal Technology, Standing Committee on, May 2000 April 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 2000 Cooper 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 UDRP By Aaron W. Brooks Intellectual Property, May 2000 Since 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 editor Local Government Law, April 2000 A 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.
Building blocks for youth “special edition” on-line newsletter By Timijanel Boyd Odom Child Law, December 2000 The Building Blocks for Youth Initiative released Youth Crime/Adult Time: Is Justice Served?
The “burn down” guaranty: Yet another trap for the unwary lender? By John C. Murray Real Estate Law, February 2000 On 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. Cunningham Business and Securities Law, October 2000 The 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. Cunningham Business and Securities Law, June 2000 Author'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 disputes By Michael L. Wolframi & Matthew J. Saley Corporate Law Departments, December 2000 In 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 context By Stephen F. Hedinger Environmental Law, January 2000 I 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 attorneys Health Care Law, December 2000 The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency.
Calling all government attorneys By Lynn Patton Employee Benefits, December 2000 The 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.
Cammon v. West Suburban Hospital Medical Center : the First District addresses the Relation Back Doctrine, the requirements of §2-0622, and the Statute of Limitations in spoliation of evidence cases By Scott D. Lane & Joseph M. Dooley, III Tort Law, March 2000 On November 25, 1998, the First District rendered its decision in Cammon v. West Suburban Hospital Medical Center, 235 Ill.Dec. 158, 704 N.E.2d 731 (1998).
Can a bank foreclose on an annexation agreement? By Christian Spesia Local Government Law, March 2000 The 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. Socol Employee Benefits, January 2000 The 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.
Capital developments in Illinois’ criminal justice system By Patrick J. Hughes, Jr. Government Lawyers, April 2000 Several significant developments in the state's criminal justice system have occurred recently.
Care hurts Elder Law, March 2000 A 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.