Articles From 2003

The highway commissioner By John W. Foltz Mineral Law, December 2003 On the whole, the powers of the highway commissioner are both broad and wholly discretionary and as many who have practiced in this area have discovered, relatively unfettered.
The highway commissioner By John W. Foltz Agricultural Law, September 2003 The following is condensed from materials presented by John W. Foltz at the ISBA's Agricultural Law Seminar sponsored by the Agricultural Law Section Counsel.
A HIPAA heads up: The privacy standard Employee Benefits, January 2003 There is only one "P" in HIPAA, the often-misspelled acronym for the Health Insurance Portability and Accountability Act of 1996.
HIPAA: National standards to protect the privacy of personal health information By Rhoda Davis Sweeney Elder Law, June 2003 Have your druggist and physicians recently requested that you sign a "Notice of Privacy Practice"?
Historical perspective Trusts and Estates, December 2003 For many years, Illinois, like many states, had its own death tax system. In the case of Illinois, this was an inheritance tax (varying according to the relationship of the recipient to the deceased).
Hot topics in juvenile delinquency law By Kulmeet S. Galhotra Child Law, September 2003 Only two major juvenile delinquency bills passed both houses of the 92nd general assembly and were signed into law.
House bills passed Local Government Law, September 2003 Statements or expressions of opinion or comments appearing herein are those ofthe editors or contributors, and not necessarily those of the association or section.
House seeds in a quarry? By James K. Weston Mineral Law, December 2003 In article in the Chicago Tribune on Sunday, October 19, 2003, caught my eye
How a municipality should handle dangerous/vicious dogs in Illinois: Statutes, ordinances, insurance and policies By Jeffrey D. Lester & Maureen E. Riggs Local Government Law, August 2003 Breaking news throughout the country, dangerous and vicious dogs have generated dramatic headlines and snatched space in newspapers and other broadcast media through a series of sometimes fatal attacks, including felony convictions for reckless owners.
How to charge more than other lawyers and attract better clients By Trey Ryder Young Lawyers Division, October 2003 Why it's sometimes better not to lower your fees.
How to get more business: 25 tips for marketing the small law firm By Dr. John W. Olmstead, Jr. Law Office Management and Economics, Standing Committee on, March 2003 Gone are the days when attorneys simply practiced law. Today, they face increased competition, shrinking demand for services and increasing supply of professional talent, availability of service substitutes, and marketing of professional services.
How to tackle Hackl: Turning future gifts into present interests By James M. Lestikow Trusts and Estates, August 2003 The annual exclusion from federal gift tax has been in the Internal Revenue Code (IRC) since 1932, allowing relatively small gifts to go unreported. IRC §2503(b).
How to talk software By John Ellsworth Legal Technology, Standing Committee on, February 2003 While "software" sounds like something soft and wearable, it is neither. Software is a set of instructions that tell a computer what to do.
H.U.D.’s proposed changes to R.E.S.P.A. By Bernard Wysocki General Practice, Solo, and Small Firm, January 2003 In July, 2002 H.U.D. proposed major revisions to the Real Estate Settlement and Procedure Act (RESPA).
Human rights in Europe: 2002 By Benjamin L. Apt International and Immigration Law, March 2003 There was no particular trend in European human rights policies or jurisprudence in 2002.
An idea in response to Hackl issues By Philip E. Koenig Trusts and Estates, December 2003 The following was a drafting idea submitted to the editors in response to the Hackl v. Commissioner case, 118 T.C. No. 14 (Mar. 27, 2002).
Identity theft and the elderly By Marc R. Miller Elder Law, April 2003 Anyone can find their identity electronically stolen and face the repercussions of cleaning up a mess that they originally had no part of. For the Elder Law lawyer, this may involve a client whose financial information is stolen through a credit card, by inappropriate telephone calls or a sales person who takes advantage of the naïveté of an elder person.
Illinois amends the estate tax to offset EGTRRA reductions in state death tax credit By David A. Berek Trusts and Estates, August 2003 On June 20th Governor Blagojevich signed into law legislation amending the Illinois Estate and Generation-Skipping Transfer Tax Act under 35 ILCS 405 applicable to decedents estates for deaths occurring on or after January 1, 2003.
The Illinois Appellate Court, First District, expands the tort of retaliatory discharge By Daniel S. Alcorn Labor and Employment Law, June 2003 In Pietruszynski v. The McClier Corporation, Architects and Engineers, Inc., the Illinois Appellate Court, First District, held that an employee who is discharged based on his participation as a witness in the workers' compensation proceeding of a co-employee can state a cause of action for retaliatory discharge.
Illinois Attorney General’s office’s informal opinion indicating that an administrative hearing officer lacks authority to permit an attorney who is not licensed in Illinois to appear and represent a client in administrative proceedingsin this state Administrative Law, May 2003 Editors' note: The April 2002 issue of this newsletter included an article entitled "Unauthorized practice of law in administrative hearings" by Claire Manning and Richard R. McGill, Jr.
Illinois charitable solicitation case before High Court By Steven Helle Human and Civil Rights, April 2003 In the minds of most, telemarketers might well have replaced pornographers and 1950s Communists as having the most dubious claim to First Amendment protection for their speech.
Illinois Department of Insurance “opt out” ruling a clarification for Illinois motor carriers By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2003 The Illinois Appellate Court for the 1st District clobbered the Illinois trucking industry in 1997 when it ruled that workers' compensation insurers could collect premiums from motor carriers based on revenues the motor carriers paid to independent contractor owner-operators who were ineligible for workers' compensation benefits under Illinois law in Wausau Insurance Co. v. Kim's Trucking, Inc., 289 Ill. App. 3d 201, 682 N.E. 2d 190 (1st Dist. 1997) appl. denied 175 Ill. 2d 555 (1997)
Illinois Department of Revenue practitioners’ questions & answers State and Local Taxation, January 2003 Question #1: Jobs Training Credit. Please review the details of the Illinois Jobs Training Credit.
Illinois Education Labor Relations Board update Education Law, July 2003 The following is a summary of recent Illinois Educational Labor Relations Board decisions through September 30, 2002
Illinois enacts equal pay legislation: New obligations for Illinois employers By Gerard A. McInnis Labor and Employment Law, August 2003 On May 11, 2003, Illinois Governor Rod Blagojevich signed the Equal Pay Act of 2003 (the Act) into law.
Illinois General Assembly regulates health care liens By Richard L. Turner Civil Practice and Procedure, November 2003 Illinois law allows a wide range of medical service providers to impress a lien on the proceeds of a personal injury award or settlement.
The Illinois Grain Code Amendments: Counseling farmers, lenders, or grain dealers and warehouses By Donald L. Uchtmann Agricultural Law, November 2003 Public Act 93-0225, effective July 21, 2003, makes significant changes in the Illinois Grain Code, including how the Illinois Grain Insurance Fund (IGIF) is funded and which producer claims are entitled to payment. The IGIF is analogous to the Federal Deposit Insurance Corporation.
Illinois Industrial Commission Web site Workers’ Compensation Law, June 2003 On Friday, February 21, 2003, Governor Rod R. Blagojevich reappointed Commissioner Jacqueline A. Kinnaman to her position as an employee representative on the Commission.
Illinois Judicial Conference Bench and Bar, November 2003 The following are the remarks of Illinois Supreme Court Chief Justice Mary Ann G. McMorrow delivered to the opening session of the 2003 Annual Illinois Judicial Conference on October 23, 2003.
Illinois’ new tax amnesty By Stanley R. Kaminski State and Local Taxation, October 2003 Effective October 1, 2003 and running through November 17, 2003, taxpayers in Illinois will be able to take advantage of a new Illinois tax amnesty.