Section Newsletters

Articles From 2002

Introductory message from the Special Committee on Federal Practice Federal Civil Practice, April 2002 We are pleased to present the inaugural newsletter of the Special Committee on Federal Practice.
Inventor rights: Chou v. The University of Chicago By Robert H. Resis Intellectual Property, April 2002 The Court of Appeals for the Federal Circuit has recently ruled that a putative inventor who lacks a potential ownership interest in a patent still has standing to sue for correction of inventorship of the patent based on an alleged "concrete financial interest in the patent."
IRS rewards whistle blowers to snitch on tax cheats— Ex-employers beware! By A. Jay Goldstein & Shannon M. Gomery Business and Securities Law, May 2002 Whoever said that revenge does not pay is unaware that the Internal Revenue Service (IRS) encourages tax informants
Is a motorist obligated to exit his vehicle following a stop by police for a traffic violation? By Ari M. Trubitt Traffic Laws and Courts, May 2002 It is not an uncommon scenario that police will effect a traffic stop of a motor vehicle for a minor traffic violation, which results in the discovery of other criminal activity on the part of the driver and/or passenger(s).
“Is an excluded named driver really excluded?” and “Never take no for an answer” By George G. Leynaud Tort Law, December 2002 Recently, our office inherited a client who had been informed by prior counsel of the potential inability to collect insurance proceeds from a single vehicle collision that resulted in her husband's death.
Is it time to revisit the doctrine of collateral estoppel in the context of statutory summary suspension hearings? By Larry A. Davis Traffic Laws and Courts, May 2002 On January 1, 1986, what is known as the Illinois Summary Suspension Law became effective.
Is liability coverage afforded under homeowners policy for negligent entrustment? By James P. Ginzkey & Jeffrey Abbott Tort Law, May 2002 Junior wrecks a family motor vehicle, injuring someone in the process; but the family automobile policy specifically excludes Junior or excludes the vehicle he was driving (i.e. motorcycle, 4-wheeler, etc.).
Is that boat really intended for this safe harbor? By David Loundy Intellectual Property, January 2002 One of the few parts of the "Communications Decency Act" (47 U.S.C. §230) left standing after the Supreme Court invalidated the statute's motivating provisions (see Reno v. ACLU, 117 S.Ct. 2329, 2334 (1997).)
“Is this all I get?” or are we really achieving an equitable apportionment of marital property By Burton A. Gross Family Law, April 2002 Does the way we apportion property in Illinois comport with the reasonable expectations of parties who enter into a marital relationship?
ISBA 2002 Future of the Courts Conference—noteworthy recommendations re: judges By Hon. Terrence J. Brady Bench and Bar, July 2002 At the 2002 Future of Courts Conference in April, a number of recommendations were adopted for review by the ISBA Board of Governors, including several recommendations affecting the evaluation and selection of judges, and judicial campaign funding.
ISBA advisory ethics opinions on Web Intellectual Property, January 2002 ISBA Advisory Opinions on Professional Conduct are posted and available on ISBA's Web site, <http://www.isba.org/EthicsOpinions/>.
ISBA Board of Governors passes resolution supporting government lawyer participation Government Lawyers, February 2002 At its October, 2001, meeting, the Illinois State Bar Association's Board of Governors adopted a resolution to encourage all levels of government entities to permit government lawyers' active involvement in professional associations.
ISBA delegates attend ABA YLD Assembly By Alvin Ratana & Chris S. Haaff Young Lawyers Division, December 2002 On August 9 and 10, 2002, four members of the ISBA Young Lawyers Division (YLD) Council represented the ISBA at the ABA Young Lawyers Division Assembly, conducted at the ABA's annual meeting in Washington, D.C.
ISBA financial responsibility (mandatory insurance) proposal puts moonlighting by law department lawyers in jeopardy By J.J. McGrath Corporate Law Departments, March 2002 I am writing today to tell you that I can no longer act as your attorney. I need to write a similar letter to Michelle and Melissa, my lovely wife and daughter respectively, and all my friends and relatives who I have really enjoyed serving over the years, as their friend and attorney.
ISBA Helps You Track Bills, Statutes Affecting Your Practice Young Lawyers Division, February 2002 Each year, the Illinois General Assembly typically passes several hundred bills, the majority of which will go on to become law.
ISBA Intellectual Property contents Intellectual Property, October 2002 Baron, Steven L. and Anne C. Brynn. "Another roadblock on the way to proving trade dress in product configuration: Traffix Devices, Inc. v. Marketing Displays, Inc."
ISBA sets ADR program for Midyear meeting Labor and Employment Law, December 2002 The CLE Committee of the ISBA has approved a fantastic program on mediation sponsored jointly by the Alternative Dispute Resolution Section Council, the Bench-Bar Section Council, the Civil Practice Section Council, and the Family Law Section Council set for Thursday, December 12, 2002 from 2 p.m. to 5 p.m. at the Chicago Sheridan Hotel during the midyear meeting.
ISBA sets ADR program for midyear meeting By Hon. Michael S. Jordan Family Law, November 2002 The CLE Committee of the ISBA has approved a fantastic program on mediation sponsored jointly by the Alternative Dispute Resolution Section Council, the Bench and Bar Section Council, the Civil Practice and Procedure Section Council, and the Family Law Section Council set for Thursday, December 12, 2002 from 2 p.m. to 5 p.m. at the Chicago Sheridan Hotel during the midyear meeting.
ISBA sets ADR program for Midyear meeting Bench and Bar, November 2002 The CLE Committee of the ISBA has approved a fantastic program on mediation sponsored jointly by the Alternative Dispute Resolution Section Council, the Bench-Bar Section Council, the Civil Practice Section Council, and the Family Law Section Council (referred to in Judge Jordan's Chair's column).
ISBA sets ADR program for midyear meeting By Hon. Michael S. Jordan Civil Practice and Procedure, October 2002 The CLE Committee of the ISBA has approved a fantastic program on mediation sponsored jointly by the Alternative Dispute Resolution Section Council, the Bench-Bar Section Council, the Civil Practice Section Council, and the Family Law Section Council set for Thursday, December 12, 2002, from 2:00 p.m. to 5:00 p.m. at the Chicago Sheraton Hotel during the midyear meeting. Make plans now to attend and watch for further announcements.
ISBA supports increase for public defender salaries Government Lawyers, April 2002 House Bill 549 was passed by the General Assembly to amend section 3-4007 of the Counties Code.
It’s a matter of respect—Civility, competency, quality and professionalism in Illinois administrative hearings and Illinois courts of review By Terry Shafer Administrative Law, September 2002 As a member of the Illinois State Bar Association, I am aware of the Association's strong desire to maintain and, in some circumstances, attain civility and integrity in the Illinois justice system.
It’s time By Donald E. Weihl Law Office Management and Economics, Standing Committee on, January 2002 In the October, 1991, poll conducted by the section council, articles on efficient use of attorneys' time ranked high in the responses as a desired subject of attention in the newsletter.
Judicial campaign speech By Michael F. O’Brien Human and Civil Rights, December 2002 Dividing along its customary, 5-4, ideological fault line, the United State Supreme Court held in Republican Party of Minnesota v. White, ___U.S. ___, 153 L.Ed.2d 694, 122 S.Ct. 2528 (2002) (Scalia, J), that Minnesota's canon of judicial conduct prohibiting judicial candidates "from announcing their views on disputed legal and political issues" violated the First Amendment. 122 S.Ct. at 2532 & 2542 (emphasis added).
Julie K. Hughes, 1950-2002 Education Law, November 2002 The Illinois legal community, the ISBA and the Education Law Section Council lost a valued member last summer when Julie Hughes passed away on July 1, 2002 after a battle with cancer
Jury instructions and voir dire: Recent developments By Susan M. Witt Civil Practice and Procedure, October 2002 Amended Supreme Court Rule 239 (effective January 2000) allows for any or all jury instructions to be read before opening statements.
Just between you and me?— privacy and electronic messages By Tambra Cain Government Lawyers, June 2002 "Hey Sue! Wanna do lunch Thursday?" ... "Mom, we will be home this weekend, please give me a call." ...
Justice Mary Ann G. McMorrow becomes the first female Chief Justice of the Illinois Supreme Court By Michele M. Jochner Racial and Ethnic Minorities and the Law, November 2002 On September 5, 2002, Illinois Supreme Court Justice Mary Ann G. McMorrow became the first woman in more than 180 years to be elected Chief Justice of this state's highest tribunal.
Juvenile delinquency case law and legislative update By Kulmeet S. Galhotra Child Law, January 2002 Can you sentence a sixteen-year-old to DCFS custody in a delinquency case?
Juvenile delinquency caselaw and legislative update By Peter N. Ryan Child Law, December 2002 This amendment applies only to drug transfer cases (not Class X felony)