A private practitioner’s reply to “Lead paint poisoning law and enforcement: a federal perspective”By Maureen MartinEnvironmental and Natural Resources Law, January 2001An article in the last issue of Environmental Law entitled "Lead paint poisoning law and enforcement: a federal perspective" (hereinafter the "Federal Article") provided an overview of local, state and federal laws and regulations addressing childhood lead exposure, with particular emphasis upon aggressive enforcement activities by the U.S. Environmental Protection Agency ("U.S. EPA") under the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 (the "Act").
Pro bono opportunities for corporate lawyers expandsCorporate Law Departments, January 2001In August of 1999, the leaders of the ISBA Corporate Law Departments Section adopted the Food Stamp Pro Bono Advocacy Project through the Legal Assistance Foundation of Metropolitan Chicago (LAFMC).
Problems facing the juvenile justice systemBy Arlene AndersonChild Law, March 2001The juvenile court system is a relative recent invention; the first juvenile court was established in 1899 in Chicago, Illinois.
A profile in success: Irene BahrBy Terrie RymerWomen and the Law, October 2001Meet Irene Bahr. A founding member and first chair of the Standing Committee on Women & the Law, Irene was recently elected secretary of the ISBA.
Profile of the Elder Law SectionBy Lee BenezeElder Law, October 2001The Elder Law Section of the Illinois State Bar Association was created as a separate section on May 17, 1995.
Proposed ergonomics program standardBy Kenneth F. WertsWorkers’ Compensation Law, March 2001The Occupational Safety and Health Administration has proposed an "Ergonomics Program Standard" to address so-called work-related musculoskeletal disorders (WMSDs) which it asserts is the leading cause of lost-workday injuries and workers' compensation costs.
Protecting “mom & pop” or violating the commerce and due process clausesBy David J. SilvermanLocal Government Law, February 2001The explosion of the Internet and the resultant growth in "e-commerce" has triggered a renewed debate about taxation of remote sellers and its interplay with the Commerce and Due Process clauses of the United States Constitution.
Protecting seniors from home repair fraudBy Mardyth E. PollardElder Law, June 2001Home repair fraud has consistently been one of the top consumer complaints received by the Illinois Attorney General's Office--last year the office received more than 2,500 complaints.
Providing credit—risk or reward?By Jeffrey A. MolletAgricultural Law, November 2001In today's economy, and especially for agribusinesses, providing credit to customers may be a double-edged sword. Obviously, on one edge rests the theory that the extension of credit may lead to more customers and increased revenues; the other edge is the dangerously sharp side which may lead to unpaid accounts generating collection fees and losses.
Public defender malpractice liability—civil immunity: good, bad or just Cook CountyBy Jack Rimland & Steve BakerCriminal Justice, April 2001Background: In Johnson v. Halloran, et. al1 the Illinois Supreme Court extinguished the long held assumption that Public Defenders may be accused of malpractice in the context of ARDC complaints or post-conviction petitions [pro-se post-trial motion/motion to withdraw guilty pleas included], but not a civil suit for malpractice.
Public-private partnerships in the new economyBy Jeffrey S. KahnCorporate Law Departments, November 2001With the emergence of the New Economy comes a rise in borderless commerce, an emergence of digital commerce, an explosion of real-time transactions and a revolution of new business models, all of which are exerting pressure on traditional systems.
Real estate case law updateBy Steven B. Bashaw & Joseph R. Fortunato, Jr.Real Estate Law, June 2001Note: those in attendance at the November 2000 ISBA Real Estate Section Law Ed SeriesSeminar received a packet of materials that included a Case Law Update consisting of 66 pages of case summaries compiled by Steven Bashaw from his monthly real estate publication, Keypoints.
Real estate contracts:By Patrick F. ClearyGeneral Practice, Solo, and Small Firm, April 2001What happens when a Buyer signs a real estate contract and then bounces the earnest money check?
Real estate Web sitesBy Elizabeth RobertsonReal Estate Law, April 2001Last Revised February 10, 2001, Steven B. Bashaw
Recent amendments to Supreme Court RulesBench and Bar, April 2001M.R. 3140 amends Supreme Court Rules 87 (Arbitration), 94 (Arbitrator Oath), 212 (Use of Discovery Depositions at Trial), 381, and 383 (Motion Practice in the Supreme Court) effective March 1, 2001. (The full text of these changes is available on the ISBA website.)
Recent case summaryBy Stanley R. KaminskiState and Local Taxation, October 2001The First District Appellate Court applied a literal reading of the Illinois Retailers' Occupation Tax and Use Tax and held that the transfer of title to an aircraft to an intermediary for ultimate transfer to the ultimate purchaser of the aircraft resulted in two separate sales.
Recent casesBy James J. AhernTraffic Laws and Courts, December 2001Although Motions in Limine are most frequently used to bar or limit evidence, they may also be used by a proponent of evidence such as the State, to obtain a pretrial ruling that the evidence at issue will be admitted at trial.
Recent casesBy Barry H. GreenburgFamily Law, June 2001In Re the Marriage of Mitchell, 2nd District, Appellate No. 2-00-0005, filed March 3, 2001
Recent casesBy Barry H. GreenburgFamily Law, May 2001Summaries of the recent cases of In Re the Marriage of Drury, In Re Petition of Mary Klak, In Re Marriage of Carter, In Re Shaddle, In re Adoption of D___, In Re Marriage of Lehr, In Re Marriage of Gattone, In Re J.P., In Re Marriage of Beerbridge, In Re the Marriage of Buck, In Re Marriage of Didier, In Re the Marriage of Petersen, In Re Donath v. Buckley, In Re Cerven and In Re Troy S. and Rachel S.
Recent CasesBy Mark E. WojcikInternational and Immigration Law, May 2001Foreign criminal proceedings need not be "imminent" for U.S. legal assistance--United States of America v. Sealed 1, 231 F.3d 484 (9th Cir. Nov. 1, 2000), opinion amended, 2000 WL 1808411 (9th Cir. Dec. 12, 2000).
Recent casesBy Barry H. GreenburgFamily Law, January 2001In re Estate of Alex J. Sarron, August 25, 2000, 3rd District, No. 3-99-1010; Appeal from the Circuit Court of Peoria County as a result of a Florida divorce.
Recent changes to the Indemnity Fund ActBy Timothy E. MoranState and Local Taxation, April 2001In 1969, the Illinois General Assembly passed the state's first Indemnity Fund Act in response to well-publicized instances of homeowners losing their property under circumstances found to be unconscionable.
