Section Newsletters

Articles From 2002

Constitution.com: U.S. constitutional arguments in ICANN arbitration hearings By Christopher Loweth Intellectual Property, October 2002 Is there a constitutional right in the United States to register a domain name? The Uniform Domain Name Dispute Resolution Policy (UDRP) was adopted on August 26, 1999.
Consumer’s tool kit for health care advance planning Elder Law, October 2002 The ABA Commission on Law and Aging (formerly the Commission on Legal Problems of the Elderly) has made available on its Web site a set of 10 "tools" for consumers to be used in making health care decisions concerning advance directives and substitute decisionmakers.
The continuous course of negligent treatment doctrine By Daniel P. Wurl Tort Law, June 2002 A plaintiff filing a medical malpractice action must file it within the time limits set forth in Chapter 735, section 5/13-212(a) of the Code of Civil Procedure, in order for the action to be timely. 735 ILCS 5/13-212(a).
Controlled group liability for withdrawal liability from multi-employer pension plan ends at U.S. borders By Brian K. Wydajewski International and Immigration Law, April 2002 On March 6, 2001, the U.S. Supreme Court denied a request for review and let stand a decision of the U.S. Court of Appeals for the Seventh Circuit that prevented a multiemployer pension fund from pursuing a withdrawal liability assessment against the Canadian parent and Canadian sibling of a U.S. corporation that went bankrupt where the Canadian corporations lacked minimum contacts with the forum state of Illinois.
Controlled group liability for withdrawal liability from multi-employer pension plan ends at U.S. borders By Brian K. Wydajewski Employee Benefits, January 2002 On March 6, 2001, the U.S. Supreme Court denied a request for review and let stand a decision of the U.S.
Controlling “crisis” response will determine corporate survival By Valerie C. Perera & Geary W. Sikich Corporate Law Departments, November 2002 Corporate America is facing a time unparalleled in history. Since the events on that fateful morning of September 11th, the landscape of business has fundamentally changed.
Converting Word files to PDF By Adrienne W. Albrecht Legal Technology, Standing Committee on, October 2002 Converting Word files to PDF format can involve a confusing array of choices and can result in a huge file, or one that does not convert navigation links correctly or completely.
Cook County class wars: taxpayers win a battle at PTAB—war continues on two fronts By Donald T. Rubin State and Local Taxation, April 2002 Several recent decisions of the Illinois Property Tax Appeal Board ("PTAB"), namely, In the Matter of Konrad Ostalowski1, In the Matter of Park National Bank Trust #101562, and In the Matter of Southwest Management Company3, have sought to address the meaning and intent of Article IX section 4, of the Illinois Constitution, entitled Real Property Taxation.
Copyright birth & death announcements By Daniel Kegan Intellectual Property, October 2002 Copyright death approaches for older unpublished works. Pre-1978 works that did not receive copyright protection before 1978 may, unless the works are published before January 2003, become public domain.
Corporate amnesty: an offer your client cannot afford to refuse By Kalina M. Tulley May 2002 Understanding the Antitrust Division's Corporate Leniency Program (Amnesty Program) has never been more critical than it is now.
Corporate and partnership tax By Michael L. English Federal Taxation, March 2002 1. Corporate compensation deduction denied. The Tax Court, in Tesco DriveAway Co., Inc., T.C. Memo. 2001-294, ruled that an accrual method corporation could not deduction compensation paid to related cash method taxpayers where the payments were made after the close of its fiscal year but prior to the end of the taxpayer's calendar year.
Corporate and partnership tax update By Michael L. English Federal Taxation, November 2002 In Revenue Procedure 2002-22, the IRS announced conditions under which it would consider a request for a ruling that an undivided fractional interest in rental real property is not an interest in a business entity.
Corporate counsel and the unauthorized practice of law: “special” is not necessarily better By C. Evan Stewart Corporate Law Departments, March 2002 Cardozo once observed that "[m]embership in the bar is a privilege burdened with conditions.
Corporate document retention / destruction programs: just a lawyer’s problem? a document management checklist By Frank W. Blue & William R. Pakalka Corporate Law Departments, July 2002 Not so many years ago, corporate consultants maligned the existence of "quality control" departments.
The corporate executive’s guide to the role of the general counsel By C. Evan Stewart Corporate Law Departments, February 2002 In some companies, the general counsel is variously viewed as "overhead," "Dr. No," and "internal cop," someone whose job it is to "keep us out of trouble" and, when things go bad, someone to "get us out of trouble."
Correction Traffic Laws and Courts, November 2002 In the last edition of the Traffic Laws & Courts newsletter (Vol. 12, No. 1) an article appeared entitled, "Boating while under the influence (BUI)," written by Douglas Olivero.
Corrections Elder Law, December 2002 The following errors appeared in the October 2002 issue of Elder Law:
Could have, would have, shouldn’t have By Mitchell Weisz Workers’ Compensation Law, April 2002 It was probably my destiny that my law practice would gravitate to an administrative field and its primary hearing level.
Council members named academy laureates Elder Law, May 2002 Elder Law Section Council members Stanley Balbach and Dan Moore were named to the 2002 Class of Laureates of the Academy of Illinois Lawyers.
Court decides NLRB awarded too much back pay to union salt By Michael R. Lied Labor and Employment Law, July 2002 Winston Cox was a full-time union organizer for the IBEW. He was refused employment with a non-union contractor and this was found to be an unfair labor practice.
Courts Commission removes Judge Oliver Spurlock Bench and Bar, January 2002 The following is the text of the Order of the Illinois Courts Commission entered December 3, 2001, as provided by the Commission.
Covering Your Assets—Insurance Pointers for Lawyers on the Move By Karen J. Dilibert Young Lawyers Division, February 2002 Young lawyers in Illinois are on the move. Lawyers are leaving established law firms to start their own practices.
CPAs as investment advisors By Earl B. Johnston & David F. Wilding Business and Securities Law, May 2002 There is a growing trend in the CPA community. Increasingly, CPAs are expanding their accounting practices to provide investment advisory services to their clients.
The criteria for an excellent judge is now official ISBA policy Bench and Bar, September 2002 At its meeting on July 19, 2002, the Board of Governors adopted the article drafted by a committee of the Bench and Bar Section Council as the official policy of the ISBA.
Current developments in income taxation of trusts and estates By Mike Drone Agricultural Law, July 2002 The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) brought major tax relief for individuals both in the income and estate tax areas.
Current topics—individual income tax By Thomas F. Hartzell Agricultural Law, July 2002 The Economic Growth and Tax Relief Reconciliation Act of 2001 was passed by Congress on May 26, 2001, and signed by President Bush shortly after the Memorial Day recess of Congress.
Daniels v. Industrial Commission Administrative Law, July 2002 The Illinois Supreme Court has ruled that an Industrial Commission decision is void because the panel that rendered it was not legally constituted
D.C. Circuit upholds NLRB’s extension of Weingarten rights to nonunion workplace By Daniel S. Alcorn Labor and Employment Law, March 2002 Nonunion employers violate the National Labor Relations Act if they refuse an employee's request for the presence of a co-worker during an investigatory interview which the employee reasonably believes will result in disciplinary action.
Deaf parties have special needs By Susan O’Neal Johnson Child Law, December 2002 Deaf parties to juvenile abuse and neglect proceedings have certain rights under the Americans with Disabilities Act and the Rehabilitation Act.
The debate continues: Holes in the professional liability proposal By Patrick F. Cleary General Practice, Solo, and Small Firm, November 2002 The Supreme Court Rules Committee is reviewing and taking public comment on the proposed Attorney Financial Responsibility Rule.