Articles From 2003

Illinois regulators introduce western-style regulatory practices and policies to the Republic of Kazakhstan By Tom Griffin Energy, Utilities, Telecommunications, and Transportation, July 2003 In August 2002, a three-year partnership program between the Illinois Commerce Commission (ICC), the government agency that regulates public utilities in the State of Illinois, and the Agency for the Regulation of Natural Monopolies (ARNM), the government agency that regulates public utilities in the Republic of Kazakhstan, came to a close in Astana, Kazakhstan.
Illinois revises its antitrust statute By Blake L. Harrop & Livia S. West Administrative Law, June 2003 On April 4, 2003, the Illinois House of Representatives voted 117-0 to adopt HB 3468, a bill to amend certain procedural aspects of the Illinois Antitrust Act, 740 ILCS 10/1 et seq.
Illinois sales and use tax exemptions By John B. Truskowski State and Local Taxation, November 2003 Recent legislation made significant changes to the Illinois sales and use tax exemptions. Some of the existing exemptions were repealed, while new ones were added.
Illinois’ “Sunshine in Litigation” Act endangers proprietary information By Ned Othman Corporate Law Departments, July 2003 Illinois House Bill 1191, also commonly known as the "Sunshine in Litigation" legislation, is pending in the Illinois General Assembly.
Illinois Supreme Court amends Rule 307 to allow early appeal in class action lawsuits By Michele M. Jochner Bench and Bar, March 2003 The Illinois Supreme Court has amended Rule 307, effective January 1, 2003, to permit a party to seek a discretionary, interlocutory appeal of whether a lawsuit was properly certified as a class action prior to the resolution of the suit at the trial court level.
Illinois Supreme Court and Appellate Court rulings State and Local Taxation, May 2003 In Blessing White v. Zehnder, 329 Ill. App. 3d 714, 768 N.E.2d 332 (1st Dist., Mar. 29, 2002) the appellate court affirmed the trial court's ruling that the gain from a sale of substantially all of the assets of a corporation was nonbusiness income when the seller ceases operations and distributes the sales proceeds to its shareholders.
The Illinois Supreme Court narrows the Constitutional protections of taxpayers— or, in other words—Where has all the reasonableness gone? By Stanley R. Kaminski State and Local Taxation, June 2003 In Arangold Corporation v. Kenneth E. Zehnder, the Illinois Supreme Court held that the Illinois Tobacco Products Tax was not unconstitutional under either the Illinois Due Process or Uniformity Clauses.
Illinois Whistleblower Act becomes effective January 1, 2004 By Michael R. Lied Labor and Employment Law, November 2003 This summer, the Illinois legislature passed the Whistleblower Act. The Act applies to employers in Illinois, including individuals, sole proprietorships, partnerships, firms, corporations, associations and any other entity having one or more employees in Illinois
Immigration Practice and Process In the Era of Homeland Security International and Immigration Law, March 2003 The International and Immigration Law Section presents a CLE With Lunch program on Monday, March 31, 2003. The program is at the ISBA Chicago Regional Office, 20 South Clark Street, 9th Floor.
The impact of the Medicare and Medicaid reimbursement rates on the quality of care for long-term residents By Lee Beneze Elder Law, September 2003 One of the great pressing issues facing the nation today is that of the cost of health care, including its growing impact on federal and state budgets.
Important tax laws & legal rulings of 2002 State and Local Taxation, May 2003 Public Act 92-0603 (SB 1543, Peterson)--Decouples Illinois from the federal accelerated depreciation rules. A
The Improvement of the Administration of Justice (7th Edition, 2001) By Edward J. Schoenbaum Bench and Bar, May 2003 This book could also have been titled "Everything You Always Wanted to Know About the Courts" or "Courts and the Administration of Justice for Dummies."
In memoriam: Randolph R. Spires By Donald D. Bernardi Bench and Bar, November 2003 The Eleventh Judicial Circuit lost a fine jurist, a dedicated public servant and a good friend when Associate Judge Randolph Spires passed away on February 27, 2003.
In memorium: Honorable Patrick L. Duke Mineral Law, September 2003 It was with considerable regret that we learned of the passing of the Hon. Patrick L. Duke of Flora on August 10, 2003.
In this issue By Phillip R. Van Ness Environmental and Natural Resources Law, August 2003 This month's newsletter concentrates on the changes forthcoming from the Illinois Statehouse. There were a lot of them.
In this issue Administrative Law, March 2003 First, an apology: The January 2003 issue of this newsletter included David Silverman's article entitled "FOIA and Technology--When Will They Converge?" Although that article was published in the October 2002 issue of the ISBA Local Government Law newsletter, and was republished in the Administrative Law newsletter with the author's consent, no mention was made of the earlier publication.
In this issue Administrative Law, January 2003 This issue begins with an article by Section Council member Laura Kotelman reporting on an important subject: the timeliness of an administrative review proceeding.
In this issue, etc. By Phillip R. Van Ness Environmental and Natural Resources Law, February 2003 This month's newsletter addresses what is probably the most commonly encountered environmental problem in the State of Illinois: leaking underground petroleum storage tanks.
In-house counsel must take the lead in coordinating catastrophe By Geary W. Sikich & Valerie C. Perera Corporate Law Departments, July 2003 At a recent conference in Barcelona, Spain, Shell International's senior legal counsel, Campbell Grant, was quoted in the Law Gazette (http://www.lawgazette.co.uk):
In-sites By Lee Ann Schoeffel Government Lawyers, November 2003 This edition of the In-sites column provides a listing of some useful Web sites with information about the Health Insurance Portability and Accountability Act (“HIPAA”).
In-sites By Chuck Gunnarson Government Lawyers, August 2003 The National Archives and Records Administration has placed its United States Government Manual online at <http://www.gpoaccess.gov/gmanual/index.html>.
Individual income tax update By James S. Zmuda Federal Taxation, January 2003 In United States v. Galletti, 298 F.3d 1107, as amended, 2002 U.S. App. LEXIS 23825 (9th Cir. 2002), the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) held an assessment for employment tax liability against a partnership was not an assessment against individual general partners, who were separate taxpayers.
Individual income tax update: Highlights of The Jobs and Growth Tax Relief Reconciliation Act of 2003 By Thomas F. Arends Federal Taxation, June 2003 Introduction: On May 28, 2003, President Bush signed into law The Jobs and Growth Tax Relief Reconciliation Act of 2003
The initial interview and client relations By James H. Feldman Young Lawyers Division, April 2003 The first meeting with the potential client is probably the most important one in the attorney-client relationship and possibly for the case itself.
Injury at picnic voluntary/mandatory attendance By Richard D. Hannigan Workers’ Compensation Law, April 2003 On September 18, 1998 the claimant was at a company picnic and was playing basketball on the company parking lot when he injured his right knee.
Inside Administrative Law, November 2003 This issue of the newsletter contains a myriad of articles. Following the Chair’s column, Section Council member Laura Kotelman reviews new Insurance Department rules relating to the Department’s written information security program.
Inside Administrative Law, September 2003 The place to be on Friday, September 5, 2003 is the ISBA's Chicago Regional Office where a large group of speakers will educate us on the law of administrative agencies and discrimination claims.
Inside Administrative Law, August 2003 This issue of the newsletter features two articles.
Inside Administrative Law, July 2003 This issue of the newsletter begins with incoming Section Council Chair Tom Battista's column, setting forth his agenda for the year and his plans regarding the newsletter.
Inside Administrative Law, May 2003 This issue of the Administrative Law newsletter begins with Part Two of Marc Loro's article concerning breath alcohol ignition interlock rulemaking by the Illinois Secretary of State.