Section Newsletters

Articles From 2001

New laws affect the transfer of information across the Atlantic By Bart Lazar & Inna Tsimerman Corporate Law Departments, January 2001 Multinational companies that transfer personal data on citizens or residents of the European Union (EU) to the United States must protect those individual's privacy rights.
New legislation on crimes against older persons Elder Law, October 2001 In the most recent session, there were two laws passed that concerned crimes against older persons.
New procedural rules guide for practitioners appearing before the Pollution Control Board By Elena Z. Kezelis Environmental and Natural Resources Law, June 2001 Albert Einstein's contributions to our understanding of the universe around us took many forms.
New real estate and related legislation By James K. Weston, Sr. Real Estate Law, December 2001 After the conclusion of the Spring Session of the 92nd Illinois General Assembly, Governor George Ryan signed 494 bills into law.
New rules for testing of breath, blood, and urine for alcohol, other drugs, and intoxicating compounds By Lieutenant Michael McIntosh & Nancy G. Easum Traffic Laws and Courts, June 2001 On January 1, 2001, as a result of the enactment of P.A. 91-0828, the Illinois State Police (ISP) became responsible for the testing of breath, blood, and urine for alcohol, other drugs, and intoxicating compounds.
New school laws 2001: A summary of education related Illinois legislation enacted in 2000 By Marcy Dutton & Belinda Alvarez Education Law, May 2001 The bill amends the Local Records Act to allow for the destruction or disposal of any original record that has been microfilmed. Currently, originals of digitized records can be so disposed.
New school laws 2001: a summary of education related Illinois legislation enacted in 2000* By Marcy Dutton Education Law, June 2001 The bill amends the Local Records Act to allow for the destruction or disposal of any original record that has been microfilmed. Currently,
NLRB makes it harder towithdraw recognition from a union By Michael R. Lied Labor and Employment Law, June 2001 In Levitz Furniture Company v. United Food and Commercial Workers Union, Local 101, 333 NLRB No. 105, the NLRB reversed nearly 50 years of precedent, making it more risky for an employer to unilaterally withdraw recognition from an incumbent union.
Normal trade relations with Vietnam: opportunities for U.S. importers and exporters By Jessica T. DePinto International and Immigration Law, November 2001 On June 8, 2001 President Bush issued the proclamation to extend nondiscriminatory tariff treatment to the products of Vietnam.
The Northern District rejects a private right of action under the Illinois Environmental Protection Act By Diana M. Jagiella Environmental and Natural Resources Law, June 2001 Based on a recent decision by the United States District Court for the Northern District of Illinois, Plaintiffs may no longer bring pendant state claims under the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/1 et seq., in federal actions.
Note from the chair By Pamela Perrone Legal Technology, Standing Committee on, December 2001 The world has changed dramatically since the last issue of the COLT newsletter.
Notes from the chair By William L. Cleaver Elder Law, October 2001 As I write this article, I have just finished reading the last article written by my predecessor, Lee Beneze.
Notes from the chair By Lee Beneze Elder Law, June 2001 These are my final "Notes from the chair." For me, it has been quite an interesting year.
Notes from the chair Elder Law, May 2001 The first pieces of data from the 2000 Census are now being released, and they graphically demonstrate the long range changes happening to our country, The America of 2050 will look quite different from the America of 2001 and will look almost nothing like the America of 1950.
Notes from the chair By Lee Beneze Elder Law, February 2001 After pondering awhile on what to write for this column, I eventually decided to address two current issues.
Notes from the editor Workers’ Compensation Law, October 2001 Governor Ryan appointed Bob Madigan to replace former Commissioner Michael Weaver. Mr. Madigan's appointment was affirmed by the Senate.
Notes from the editor Workers’ Compensation Law, October 2001 Having practiced in this field since 1975, it is both an honor and a privilege to serve as Chair of the ISBA's Section Council on Workers' Compensation Law.
“Notice” under the Illinois Workers’ Compensation Act By Robert Smith Workers’ Compensation Law, June 2001 This article examines the accidental injury notice requirement of the Illinois Workers' Compensation Act.
November 16 Law Ed SeriesProgram On Illinois Administrative Law By Hon. Edward J. Schoenbaum, Jr. Administrative Law, October 2001 The Administrative Law Section Council of the Illinois State Bar Association in cooperation with the Government Bar Association and the ISBA Committee on Government Lawyers will conduct an ISBA Law Ed SeriesSERIES on "Illinois Administrative Law" at the Hilton Hotel in Springfield, Illinois on Friday, November 16, 2001.
Nursing mothers to be accommodated By Alisa B. Arnoff Labor and Employment Law, November 2001 A new law effective July 12, 2001 requires covered employers to provide nursing mothers with unpaid break time to express breast milk.
Of petition objections and election contests: the courts readdress election code intricacies By Shawn P. Flaherty Local Government Law, February 2001 Perhaps no code of statutes in the Illinois Compiled Statutes stimulates more analysis and hand wringing over hypertechnicalities than the Illinois Election Code.
Offshore trust upheld by Second Circuit By Howard Z. Gopman Business and Securities Law, April 2001 In Securities Exchange Commission v. Brennen, Docket No. 00-6128, decided on October 26, 2000, by the Second Circuit Court of Appeals, the court interpreted the automatic stay provisions of the bankruptcy code to protect an offshore asset protection trust.
Oil Brine Task Force seeks damaged sites for remediation Mineral Law, February 2001 The Southeastern Illinois Brine Damage Task Force is asking landowners who have oil brine damaged sites to contact it.
The Oil Pollution Act of 1990, by definition, may ensnare unsuspecting “passive” owners Mineral Law, November 2001 As a result of the billions of dollars in damages assessed against Exxon Corporation as a result of the Exxon-Valdez oil spill, Congress passed the Oil Pollution Act of 1990 (33 U.S.C. 2701 et. seq.)
Old common law remedy for “money had and received” provides equitable remedy for resolving financial entanglements when live-ins split By David B. Franks General Practice, Solo, and Small Firm, November 2001 In the recent case of Kaiser vs. Fleming 248 Ill.Dec. 824, 735 N.E.2d 144 (2nd Dist. 2000) a former girlfriend filed a two-count complaint seeking a constructive trust and judgment against her former boyfriend for money she gave him to pay off the mortgage on his home.
Online business defamation: how to respond to “cybersmearing” By Eric Jorstad Corporate Law Departments, September 2001 Heard about the latest hot Web site? It's www. IHate__________.com. Just fill in your company name here
Opening the Meetings Act to reality—abolishing the “Rule of Two” By Richard G. Flood & Stewart H. Diamond Administrative Law, October 2001 Currently the Act prohibits the exercise of free speech between elected officials on public bodies containing five or fewer members. This stifles creativity in solving public problems and inhibits debate and frank discussion of the issues. Officials cannot test their assumptions and data in advance of a public forum.
Opening the Meetings Act to reality—abolishing the “Rule of Two” By Richard G. Flood & Stewart H. Diamond Local Government Law, June 2001 "When you define meetings by the number of participants you set the participants up to skirt the law." Anchorage Daily News at B3 (October 23, 1992)
Opening your own law practice By Kimberly J. Anderson Young Lawyers Division, April 2001 I opened up my own practice in October. I went through a myriad of emotions, from the cold night sweats to the exhilaration of having my own practice.
Opinions involving state’s attorneys Government Lawyers, March 2001 A former assistant state's attorney is not disqualified from handling litigation for his firm regarding the same subject area or areas to which he was assigned as an assistant state's attorney, but, pursuant to Rule 9-101(b) of the ICPR (predecessor to Rule 1.11 of the IRPC) he may not represent any clients in matters if he participated personally or substantially in the matters as an assistant state's attorney, or if the matters were under his official responsibility.