Articles From 2002

From the editors Trusts and Estates, June 2002 We have three excellent articles authored by section council members. The first, by Franklin M. Hartzell, examines the details and requirements for the execution of estate planning documents.
From the editors Government Lawyers, April 2002 In an attempt to maintain the highest levels of timeliness, we break from our usual format to issue this special edition of our newsletter devoted entirely to legislation, both enacted and proposed.
From the editors Trusts and Estates, April 2002 We begin with an article by section council member Thorpe Facer on the Garrett case, which was reviewed in the prior newsletter.
From the editors: Trusts and Estates, December 2002 This issue features a terrific article by section council member David Berek on § 529 plans, as modified by the 2001 Tax Act.
From the Illinois Supreme Court By David P. Bergschneider, Michael J. Pelletier, & Michael C. Bennett Criminal Justice, February 2002 The Illinois Supreme Court found that the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), did not apply to certain Illinois sentencing statutes.
The future of grandparent visitation post-Wickham v. Byrne By Michael K. Goldberg General Practice, Solo, and Small Firm, November 2002 Now that the Illinois Grandparent Visitation Act, 750 ILCS 5/607 (b) (1) and (3), has been held facially unconstitutional by the Illinois Supreme Court in the case of Wickham v. Byrne, 99 Ill. 2d 309; 769 N.E.2d 1, there has been much debate as to how (or indeed if) a new third-party visitation statute should be drafted.
“The future of the section” By Patrick J. Hughes Human and Civil Rights, June 2002 By the time this reaches you, the ISBA Annual Meeting will be over and this section Council will have concluded its initial meeting of the new ISBA year (2002-2003).
Garageman’s labor and storage liens another believe it or not situation By G. Bradley Hantla General Practice, Solo, and Small Firm, March 2002 An automobile mechanic and/or garageman enters your office indicating that he has a truck that has been left at his premises for a considerable period of time and that there is a storage bill owed on the truck in a sum in excess of $5,000.
Garrett revisited By Thorpe Facer Trusts and Estates, April 2002 In Re Estate of Pearl Garrett, No. 3-01-0066, (2001 Ill. App. Lexis 748), decided by the Third District on September 21, 2001, and briefly summarized in a previous newsletter, is interesting enough to examine in more detail.
A general guide to employment agreements By Alan M. Kaplan Labor and Employment Law, March 2002 An employment agreement, like other agreements, creates what every business person wants--certainty. Under American law, parties in a relationship may create their own rules to govern a specific business relationship, as long as the parties meet certain requirements.
Get organized—use a checklist By Paul J. Sullivan Law Office Management and Economics, Standing Committee on, April 2002 Everyday, people in all walks of life use a checklist to get themselves going into their daily routines.
Giving credit where it’s due: citing to electronic databases By Katherine A. Amari Young Lawyers Division, June 2002 Rapidly advancing technology has allowed attorneys to obtain legal documents online.
Government lawyers and the attorney-client privilege By Rosalyn B. Kaplan Government Lawyers, August 2002 In In re: A Witness Before the Special Grand Jury 2000-2, No. 01-3386 (7th Cir. April 23, 2002), the Seventh Circuit addressed, at the request of a state official, whether his government attorney could refuse to answer questions posed by a grand jury on the basis of attorney-client privilege.
Governmental Regulations of Real Property—Can a Regulation Go Too Far? By Robert L. Gamrath, III Young Lawyers Division, April 2002 Real estate owners and developers are subjected to a multitude of real property regulations at the local, state, and federal levels of government, which require developers to comply with zoning codes, subdivision codes, building codes, wetland regulations, floodway and flood plain regulations, tree preservation ordinances, protected species regulations, impact fee ordinances, and the like.
Governor places amendatory veto on House Bill 3098 Government Lawyers, April 2002 On February 8, 2002, Governor George H. Ryan returned House Bill 3098 to the General Assembly with his recommendations for change.
Governor Ryan issues order for integrated justice By David Clark Legal Technology, Standing Committee on, April 2002 On December 6, 2001, Illinois Governor George Ryan issued an executive order that may begin the process for an integrated criminal justice system.
Greetings from the chair By Naomi H. Schuster Elder Law, October 2002 I am looking forward to my duties as Chair of the Elder Law Section Council. We have tremendous talent on the council this year.
Growth & tax burden go hand-in-hand* By Jim Nowlan & Steve Sandstrom State and Local Taxation, August 2002 Illinois property tax statistics from 1991 to 1999 suggest the obvious: growth and tax burden are correlated.
Hate crime enforcement by private attorney civil action By Richard L. Hutchison Human and Civil Rights, December 2002 Hate crime offenses are enforced by criminal prosecutions. In the absence of or in addition to criminal prosecutions, the Illinois Hate Crime Statute (720 ILCS 5/12-7.1) authorizes private civil actions brought by the victim.
Have you thought about… By Margaret M. Benson Employee Benefits, October 2002 In 1974, Congress gave birth to ERISA. For 28 years, attorneys, legislators, accountants, judges and consultants have had a hand in raising her, variously protecting, shepherding and influencing her.
Health Care Section Council plans HIPAA programs Health Care Law, March 2002 The Health Care Section Council has planned two programs focusing on important issues raised regarding compliance with the privacy requirements of the Health Insurance Portability and Accountability Act (HIPAA) over the next several months.
Helpful hints—security flaws in Internet Explorer By David Clark Legal Technology, Standing Committee on, May 2002 Using a computer, without security from unauthorized entry or from viral and other infections, is a gamble most are unwilling to undertake.
Homeowners insurance contingency for existing home contracts By John H. Stockman Real Estate Law, October 2002 With the financial issues currently being experienced by homeowners' insurers, many of the largest insurers are in the process of changing their underwriting standards.
Hon. Timothy C. Evans chosen Chief Judge of Cook County By Hon. Jacqueline P. Cox Bench and Bar, January 2002 Cook County Chief Judge Donald P. O'Connell retired from the bench on July 31, 2001.
Hot topics in immigration law By Shannon M. Shepherd International and Immigration Law, June 2002 Recent updates of interest to immigration law practitioners.
House Bill 3098—Certification of closed meetings—dies By Pat Lord Administrative Law, June 2002 On February 8, 2002, Governor Ryan issued an amendatory veto to House Bill 3098.
House Bill 3098—certification of closed meetings—dies By Pat Lord Local Government Law, March 2002 On February 8, 2002, Governor Ryan issued an amendatory veto to House Bill 3098.
How do I climb the ladder to success in SSA adjudications By David R. Bryant Administrative Law, April 2002 The five rungs of administrative procedure involved in getting benefits for your client can kill you.
How will the Illinois Legislature affect you this year? Young Lawyers Division, December 2002 As the Illinois General Assembly enters into its 93rd session in January, look to the ISBA Legislative Affairs Department for help in sorting through the mounds of material to find what matters to you in your practice.  
How would you rate the morale in your office? Diagnosing the problem By Joseph Dailing Law Office Management and Economics, Standing Committee on, April 2002 When you walk into your office in the morning, what does it feel like? Is your office a place where people greet one another politely or even enthusiastically or is your office a place where no one says "Good Morning" and where people quietly pass in the hallway without acknowledging each other?

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