Section Newsletters

Articles From 2001

Someone you should know: Jim Grogan By Rosalyn B. Kaplan Government Lawyers, October 2001 Do you have a question about legal ethics? Or maybe a question about judicial ethics? If you are among the seemingly endless list of his friends or acquaintances, you would pick up the phone and call Jim Grogan.
Someone you should know: Madalyn Maxwell By Katie Williams Government Lawyers, March 2001 The year 2001 marks a milestone in Madalyn Maxwell's already amazing life.
Something old, something new, something borrowed, something blue dealing with the changing tax laws and repeal By Paul A. Meints Trusts and Estates, November 2001 Pending issues--revenue estimates--new demands for funding. Budgetary problems at both the national and state levels in the past, and perhaps (probably?) again in the future (the CBO's latest "on-budget" estimate is a $9 billion deficit in 2001, exclusive of social security which is "off-budget") make it difficult to predict what will happen in the future.
Soto restates the law governing opinion testimony as to permanency of injury By Robert Handley Civil Practice and Procedure, November 2001 A recent decision from the Second Appellate District has reexamined the criteria a trial court should consider in deciding whether a physician may render an opinion on the issue of the permanency of a plaintiff's injuries.
The source of Native American rights in Illinois By Matthew W. Beaudet Human and Civil Rights, May 2001 It was a great honor to be invited to the ISBA's Individual Rights & Responsibilities Section Council's mid-year meeting last month.
Sovereign immunity bars nursing homes from raising counterclaims against overpayments made to the state By Leon Fox Administrative Law, March 2001 A recent Illinois Appellate Court case has dealt a fatal blow to healthcare vendors seeking a set off of underpayments against overpayments made to the Illinois Department of Public Aid. In Alden Nursing Center-Lakeland, Inc. v. Patla, 317 Ill. App. 3d 1 (1st Dist. 2000), the court concluded that the Court of Claims has exclusive jurisdiction over counterclaims for money damages against the State of Illinois.
Spanish authorities become “agents of the U.S.” for purposes of asserting jurisdiction over Spanish bank accounts By Adam Powers International and Immigration Law, November 2001 A federal district court held that Spanish authorities were agents of the U.S. for purposes of declaring jurisdiction over Spanish bank accounts.
The special needs of the elderly in the courtroom By Susan Dawson-Tibbits Elder Law, October 2001 Most attorneys who practice in the area of elder law are aware of the unique challenges facing the older person.
Special use zoning and comprehensive plans By Terrence M. Madsen General Practice, Solo, and Small Firm, September 2001 The Illinois Supreme Court has issued an important reminder to municipalities concerning the need for following through on comprehensive plans with appropriate zoning modifications in the opinion in City of Chicago Heights v. Living Word Outreach Full Gospel Church and Ministries, Inc., No. 87101, (March 22, 2001).
Speech recognition software: try it—but don’t fire your secretary yet By Carl R. Draper Law Office Management and Economics, Standing Committee on, March 2001 The introduction of personal computers came with the promise that computers would do routine tasks and free up valuable time for more important tasks. That promise may be realized sooner than we thought.
Standing committee approves strategic plan By John E. Thies Government Lawyers, March 2001 During its inaugural year, one of the first activities of the Standing Committee on Government Lawyers was to undergo a strategic planning exercise.
The Standing Committee on Legal Technology breakfast seminar Legal Technology, Standing Committee on, January 2001 The Standing Committee on Legal Technology presented a breakfast seminar to interested attorneys at the ISBA winter meeting on December 7, 2000 at the downtown Sheraton Hotel.
State and Local Taxation Section Council minutes State and Local Taxation, August 2001 Chairman Stan Kaminski convened the meeting at 12:30 PM.
State and Local Taxation Section Council minutes State and Local Taxation, July 2001 Chairman Stan Kaminski convened the meeting at 12:35 PM.
State appropriations to court system for fiscal year 2002 By Hon. Dennis M. Dohm Bench and Bar, October 2001 In "An Act making appropriations" (P.A. 92-3) for state fiscal year July 1, 2001, to July 1, 2002 (FY, '02), the General Assembly made the following appropriations to the Illinois Supreme Court for the operation of the Illinois court system (similar appropriations made for the prior two fiscal years, FY '01 and FY '00, are also shown):
State’s attorneys and the First Amendment Government Lawyers, March 2001 Richard Devine and nine other state's attorneys, including the president of the Illinois State's Attorneys Association, sought declaratory and injunctive relief against the Administrator of the ARDC, claiming that provisions of Rules 3.6 and 3.8 of the Illinois Rules of Professional Conduct infringed on their First Amendment rights and were unconstitutionally vague and overbroad.
Statute of limitation for filing a workers’ compensation claim extended by the broadening definition of “compensation” under the Illinois Workers’ Compensation Act By Greg Norgle Workers’ Compensation Law, October 2001 Section 6(d) of the Illinois Workers' Compensation Act (820 ILCS 305/1) requires that an injured worker* file an Application for Adjustment of Claim with the Illinois Industrial Commission within three years after the date of accident, where no compensation has been paid, or within two years after the date of the last payment of compensation, where any has been paid, whichever shall be later.
Statutory developments By Kelley Beehner Administrative Law, January 2001 The Open Meetings Act (5 ILCS 120) was amended by two Public Acts. Section 1.02 concerning the definition of "meeting" was revised to clarify that a "public body" consists of "members" rather than "commissioners," as well as to include the "Health Facilities Planning Board" as part of a public body. (P.A. 91-782, effective June 9, 2000). [www.ilga.gov/publicacts/pubact91/acts/91-0782.html]
The Statutory Power of Attorney For Property form’s latent glitch By James N. Mulvaney Business Advice and Financial Planning, February 2001 Protecting lawyers and others from standard form drafting that is unsuitable for the user
Statutory Property Power of Attorney changes By John J. Horeled Business Advice and Financial Planning, February 2001 The Illinois Power of Attorney Act (755 ILCS 45) was changed effective June 9, 2000.
Stops along the information superhighway Elder Law, June 2001 This is another in our continuing series of articles highlighting useful Web sites relating to elder law or issues concerning older persons.
Stops along the information superhighway Elder Law, February 2001 As a regular service to the Elder Law Section members, the newsletter editors continue to review elder law websites for information useful to practitioners or their clients.
Structuring a businessorganization to reduce exposure to self-employment tax incidence By William Alexander Business and Securities Law, April 2001 So long as it is possible to structure payments as due to the organization in general, and not to the organization as fees for work that must be performed by an investor individually, use of a corporation with subchapter S election, rather than a limited liability company, would appear to minimize self-employment tax, while retaining pass-through tax treatment (no entity level tax would apply.)
Students grading and reporting other students work: a FERPA violation? Falvo v. Owasso Indep. School Dist. No. I-011 By William Bradley Colwell Education Law, June 2001 On October 4, 2000, the full bench of the Tenth Circuit Court of Appeals ruled on whether having other students grade fellow students' work and recite the grades aloud to the teacher violated FERPA or the Fourteenth Amendment.
Students grading and reporting other students work: a FERPA violation? Falvo v. Owasso Indep. School Dist., No. I-011 By William Bradley Colwell Education Law, May 2001 On October 4, 2000, the full bench of the Tenth Circuit Court of Appeals ruled on whether having other students grade fellow students' work and recite the grades aloud to the teacher violated FERPA or the Fourteenth Amendment
Students’ procedural due process rights before suspension or expulsion in Illinois Public Schools By Adam T. Dietrich Child Law, June 2001 In Illinois, the power to discipline students in the public school systems is derived from the Illinois School Code, as promulgated by the state legislature in Chapter 105 of the Illinois Compiled Statutes (West, 1999)
Subchapter S corporation earnings: “income” for child support purposes? By Don C. Hammer Family Law, June 2001 If a child support payor receives income from a subchapter S corporation, the income shown on his tax return may be greater than the amount of cash that he actually receives from the corporation.
Subject index to substantive articles in volumes 36, 37 and 38 of The Corporate Lawyer Corporate Law Departments, June 2001 An in-house counsel's guide to dealing with cybersquatters --part I (ICCAN's Uniform Domain Name Dispute Resolution Policy)
Substitution of judges as a matter of right under 735 ILCS 5/2-1001 (a)(2) By Belle Lind Gordon Family Law, May 2001 If timely filed, a motion for substitution of judge is absolute. The principle underlying the absolute right to a substitution of judge is that a party should not be compelled to plead his cause before a court who is prejudiced, whether actually or only by suspicion.
Summary of amendments to the Federal Rules of Civil Procedure effective as of December 1, 2000 By Joseph G. Bisceglia Civil Practice and Procedure, March 2001 Certain amendments to the Federal Rules of Civil Procedure went into effect on December 1, 2000.