Articles From 2000

Crop share rental arrangements and sample lease By Paul A. Meints Agricultural Law, March 2000 The following Crop Share Lease with provisions for cattle has its origin in the Cooperative Extension's form that was developed many years ago, being updated for items and farming practices that have changed in the interim and which, in it's author's opinion, are outdated or missing in the older format.
Current S corporation ESOP regulatory developments By John A. Kober Employee Benefits, January 2000 The Internal Revenue Service ("IRS") has clarified some of the ambiguity that existed under current law in its application to S corporation employee stock ownership plans ("ESOPs").
Damages award includes unrealized stock option appreciation Labor and Employment Law, September 2000 Greene, a division manager for Safeway Stores, was terminated at age 52. In two more years, he would have vested in a supplemental pension plan.
The darker side of corporate compliance programs: A wolf in sheep’s clothing? By Jim McGrath Corporate Law Departments, August 2000 The federal sentencing guidelines provide reduced sentences for corporations with effective corporate compliance programs.
D.C. circuit strikes down U.S. EPA’s periodic monitoring guidance By Eric E. Boyd Corporate Law Departments, October 2000 In Appalachian Power Company, et al. v. EPA, the U.S. Court of Appeals for the D.C. Circuit struck down the U.S. EPA's periodic monitoring guidance. The court found that the Agency promulgated the guidance without following proper rulemaking requirements.
Dead letter of the law By James Stern Human Rights, October 2000 "We have been unable to perceive that the seizure of a man's private books and papers to be used in evidence against him is substantially different from compelling him to be a witness against himself."
Deceptive practices in prepaid funeral plans By Lee Beneze Elder Law, June 2000 On April 10, 2000, the Senate Select Committee on Aging held a hearing on financially deceptive and fraudulent practices in the prepaid funeral and burial industry.
The defense of “sleeping it off” to the charge of driving under the influence in light of City of Naperville v. Watson By Ari M. Trubitt Traffic Laws and Courts, July 2000 Pursuant to Illinois Statute, it is unlawful for a person to operate or be in actual physical control of a motor vehicle within the State of Illinois while under the influence of alcohol, drugs or a combination thereof. 625 ILCS 5/11-501, (1992).
The deliberative process evidentiary privilege (Civil Practice Committee 1/5/00) By John B. Kincaid Civil Practice and Procedure, August 2000 In People Ex. Rel. Birkett v. City of Chicago, the City raised a "deliberative process privilege" to prevent the disclosure of future plans to improve and enlarge the O'Hare Field facility.
Demographics of the Administrative Law Section Administrative Law, August 2000 The section is composed of a geographically diverse group of attorneys. There were 482 section members as of May 2000, a 15% increase since the first of the year.
Department of Justice attorneys file class-action Government Lawyers, April 2000 "9,000 Justice lawyers seek back pay; $500 million sought in overtime lawsuit," read the headline of the February 22, 2000, Washington Times.
Dim sum anyone? The adventure of volunteering By Holly A. Petrik Young Lawyers Division, May 2000 Volunteering. A word that can freeze your steps, or make you move faster out of a room.
Disciplinary cases against public sector attorneys Government Lawyers, November 2000 In re Armentrout, 99 Ill.2d 242, 457 N.E.2d 1262 (1983). The Kane County State's Attorney was suspended from the practice of law for two years after he organized a massive forgery of voter signatures on a referendum petition.
Discovery in DUI, misdemeanor and traffic cases By J. Brick Van Der Snick Traffic Laws and Courts, March 2000 One of the most difficult and confusing parts of a driving while under the influence (DUI) prosecution by a State's Attorney or village prosecutor is the anomaly under the law of the right to discovery by the Defendant.
Discovery of mental health records By Laura Hynes Ramirez Family Law, January 2000 Sooner or later most practitioners will represent a party who has either received or is receiving some sort of therapy/ counseling (or advises that his former partner has or is receiving therapy/ counseling) and issues relating to disclosure of the records may become an important aspect of the entire case.
Discrimination in hiring: employers beware of testers! By Elaine Massock Labor and Employment Law, September 2000 On July 5, 2000, the Seventh Circuit Court of Appeals, the federal court with binding authority in Illinois, Indiana and Wisconsin, decided that an employer can be held liable for money damages for failing to hire minority applicants even though the applicants do not really want the job.
Dishonest home improvement contractors­the force is not with you By Harold I. Levine Real Estate Law, October 2000 Although not generally understood, there is a definite relationship between the increase in residential foreclosures and coercive home improvement contracts. Much to the surprise and dismay of property owners, many foreclosures arise out of home improvements contracts.
Dispositions for leave to appeal By Donald R. Parkinson Criminal Justice, September 2000 On May 31, 2000, the Illinois Supreme Court issued its rulings on 287 petitions for leave to appeal
Dispositions of petitions for leave to appeal By Donald R. Parkinson Criminal Justice, February 2000 On December 1, 1999, the Illinois Supreme court rules on 295 pending petitions for leave to appeal. One hundred and seven were filed in civil cases and 10 requests were granted.
District court holds broker subject to cargo damage suit, but enforces limitation of liability from shipping documents By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2000 In Commercial Union Insurance Co. v. Forward Air, Inc., 1999 Fed. Car. Cases ¶49,240 (U.S. Dist. Court, S.D.N.Y., 6/14/99), the District Court denied in part and granted in part the defendant's Motion for Summary Judgment.
District court refers broker/ carrier dispute to DOT under primary jurisdiction and then takes the case back when DOT refuses to act! By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2000 Phoenix Assurance Company v. K-Mart Corp., 977 F.Supp. 319 (D.N.J. 1997) was another cargo loss and damage case involving property brokers.
Do I really need to backup? By Nerino J. Petro Legal Technology, Standing Committee on, October 2000 You just finished the brief for the most important case this year. You get ready to leave for the day--you shut off the lights, set the alarm and lock the door behind you. You haven't forgotten a thing ... or have you?
Do the deed: terminating a joint tenancy By David K. Harris & Robert Barewin General Practice, Solo, and Small Firm, September 2000 Husband and Wife separated. Husband lived part-time with another woman.
Do you create a “precedent” by giving severance pay? By Michael R. Lied Labor and Employment Law, December 2000 Business people sometimes wonder if giving one employee severance pay creates a legal duty to provide severance pay to other employees.
Does the use of police emergency lights to curb a vehicle constitute a “seizure?” By Daniel T. Gillespie Traffic Laws and Courts, May 2000 In City of Highland Park v. Lee, 291 Ill. App. 3d 146, 694 N.E. 2d 673, 230 Ill. Dec. 704 (2d Dist. 1997), the Illinois Appellate Court held that the use of police emergency lights constitutes a show of authority used to restrain the liberty of a motorist.
Does UPL by in-house counsel really waiver the attorney-client privilege? Corporate Law Departments, October 2000 In the June 2000 issue of The Corporate Lawyer, we ran an article entitledUnauthorized Practice of Law and In-house Counsel. That article stated that "many in-house counsel are grappling with the fear that engaging in the unauthorized practice of law may put their client at risk of losing attorney-client privilege arguments during litigation."
Dogs, frogs, and chimpanzees: what elder law attorneys can learn from them By Michael H. Erde Elder Law, October 2000 My wife works for me a few days a week, and we can't leave our dog Ozzie home alone, so he becomes a legal beagle and he joins us at the law firm.
Domestic partner health benefits: legal and administrative issues to consider and the implementation process Employee Benefits, November 2000 Employee benefits for domestic partners ("domestic partner benefits") is an area of employee benefits which continues to gain momentum in employer offerings.
Down and dirty—a non-comprehensive list of 48 (oh-so-easy) ways to sabotage an estate plan Trusts and Estates, November 2000 1. Create a general power when you want to create a special power, or vice-versa ­ and not knowing the difference.
Downstate arbitrators Workers' Compensation Law, June 2000 Arbitrator Akemann has a web site on which he publishes his Geneva call information.

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