Section Newsletters

Articles From 2003

Letters to the Editor Bench and Bar, March 2003 Editors' Note: From time to time as we receive comments on articles appearing in the Bench & Bar newsletter, we will publish those comments. In our view, this assures the readers of this newsletter that we are open to all views.
Leveling the playing (oil) field for small independents Mineral Law, June 2003 Tulsa, Oklahoma ­ The U.S. Department of Energy has added four new projects to its "Technology Development with Independents Program."
The lie detector as a psychological rubber hose By Bruce D. Locher Criminal Justice, February 2003 This article focuses not on the "custodial" aspects of any of the police and/or DCFS contacts with the accused, but rather the effect of taking and failing a polygraph test on the issue of voluntariness.
Lien cuisine- A cornucopia of recent mechanics lien and construction law cases By Samuel H. Levine Real Estate Law, October 2003 The current Mechanics Lien Act was adopted in 1903. This year we are celebrating its 100th anniversary. Despite the mechanics lien law's age, it is still evolving.
Life settlements-Getting more out of existing life insurance By Valerie Greenberg Insurance Law, June 2003 Are any of your clients' existing life insurance policies not performing as expected?
Life’s lessons By Jorge Montes Racial and Ethnic Minorities and the Law, May 2003 Recently I was jogging with my nephew Manny in Chicago's Lakeview neighborhood when I spotted a "teachable moment" for my nephew, a student at DePaul.
Limitations on witness interviews By Robert T. Park Civil Practice and Procedure, January 2003 In the course of preparing a case, an attorney or paralegal may need to talk to potential witnesses to learn what information, favorable or adverse, may be elicited at trial.
Limited liability legal practice comes to Illinois: An overview of the changes to Supreme Court Rule 721 and new Supreme Court Rule 722 By Michele M. Jochner Bench and Bar, November 2003 On July 1, 2003, amended Supreme Court Rule 721 and new Supreme Court Rule 722 went into effect. These changes authorize limited liability legal practice in Illinois, and protect the private property of innocent partners when a firm is the target of a legal malpractice suit.
Limited liability legal practice comes to Illinois: An overview of the changes to Supreme Court Rule 721 and new Supreme Court Rule 722 By Michele M. Jochner General Practice, Solo, and Small Firm, October 2003 On July 1, 2003, amended Supreme Court Rule 721 and new Supreme Court Rule 722 went into effect.
Lincolnland Agri-Energy, LLC begins construction on farmer-owned ethanol plant in Illinois Mineral Law, June 2003 Washington, DC--The Renewable Fuels Association (RFA) today congratulated the farmer-owners of Lincolnland Agri-Energy, LLC for beginning construction on an ethanol plant near Robinson, Illinois.
Local governments may not always impose its regulations and fees on other local governments By Michael J. Lecher & David W. McArdle Local Government Law, January 2003 Depending on your point of view, the Illinois appellate court for the Second District recently either struck a blow to the regulatory power of local governmental units or it clarified the power of state agencies in County of Lake ex. Rel. Lake County Stormwater Management Com'n v. Fox Waterway Agency, 326 Ill.App.3d 100, 759 N.E.2d 970, 259 Ill.Dec. 909 (2nd Dist. 2001).
Local governments permitted to benefit from IDOT’S quick-take powers By Phillip B. Alfeld Local Government Law, June 2003 In a recent opinion, the Fifth District Appellate Court firmly rebuffed a landowner's challenge to the Illinois Department of Transportation's use of its "quick-take" authority in an eminent domain case.
The long reach of HIPAA’s privacy rules By Ned Othman Health Care Law, April 2003 In connection with implementing the protected privacy requirements of the Health Insurance Portability and Accountability Act (HIPAA), the Department of Health and Human Services (HHS) issued extensive regulations aimed at protecting individuals, health care privacy (privacy rules).
Looking out for ourselves By Susan M. Witt Racial and Ethnic Minorities and the Law, January 2003 I remember sitting in that courtroom and hearing the hours of talk about suffering, violence, and grief.
LUST in the Legislature By Kyle Rominger Environmental and Natural Resources Law, February 2003 Among the legislation signed into law in 2002 were two Public Acts amending the Illinois Leaking Underground Storage Tank (LUST) Program.
Magistrate judge settlement conferences in the Northern District of Illinois By Morton Denlow Federal Civil Practice, January 2003 There are nine United States magistrate judges in Chicago. A major part of our duties consists of conducting settlement conferences.
Maker of George Foreman™ contact grill settles complaint with attorneys general of 45 states By Robert E. Draba Administrative Law, March 2003 Section 1 of the Sherman Act provides that "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal."
Marital property acquired before marriage: The purchased “in contemplation of marriage” rule By Thomas J. Kasper Family Law, April 2003 During the pre-nuptial bliss, one or both of the parties to be married may not be concerned with how title is held to the residence they purchased before the marriage.
Maryland court blocks state from transforming motor carriers into tax collection agents By Kim D. Mann Energy, Utilities, Telecommunications, and Transportation, December 2003 On October 22, 2003, the Maryland Tax Court dealt the State of Maryland what may be the death knell to its unprecedented foray into a state revenue-enhancing scheme revolving around compelling for-hire motor carriers to collect state sales and use taxes from consignees at the time of delivery.
Mechanical Devices v. Industrial Commission By James W. Stevenson, Jr. Workers’ Compensation Law, December 2003 A summary of the case of Mechanical Devices v. Industrial Commission.
Mechanics Liens and Lienable Acts By David J. Gerber Commercial Banking, Collections, and Bankruptcy, May 2003 Luise, Inc v. The Village of Skokie, et. al. and Berkeley Trucking v. The Village of Skokie, et. al. are cases that went to the Fifth Division Court of Appeals on a consolidated appeal earlier this year.
Mechanics Liens and lienable acts By David J. Gerber Local Government Law, January 2003 Luise, Inc v. The Village of Skokie, et. al. and Berkeley Trucking v. The Village of Skokie, et. al. are cases that went to the Fifth Division Court of Appeals on a consolidated appeal earlier this year.
Mediation of civil cases in the U.S. Court of Appeals for the Seventh Circuit By Joel N. Shapiro Federal Civil Practice, January 2003 If you practice in the federal courts of the Seventh Circuit, you probably know that the Court of Appeals requires litigants in many civil appeals to participate in court-sponsored mediation.
Medicaid planning—Understanding the differences between Illinois and federal community spouse asset allowances By Charles LeFebvre Elder Law, June 2003 A senior couple walks into your office with the following problem: One of them has recently been diagnosed with a degenerative disease, which will eventually lead to nursing home placement.
Medical lienholders beware By Michael J. Marovich Civil Practice and Procedure, May 2003 Any plaintiff's personal injury attorney eventually will have to deal with a health insurance carrier's attempts to collect healthcare payments made on behalf of a personal injury victim from the proceeds of any settlement or judgment
Medical staff disciplinary hearings By Michael K. Goldberg Administrative Law, January 2003 Virtually every hospital in Illinois provides physicians with the right to an administrative hearing before their medical staff privileges may be reduced or eliminated.
Medicare changes enacted Health Care Law, December 2003 [Editor's Note: Congress has passed sweeping changes in the Medicare program, including the controversial prescription drug benefit. Reprinted here is a summary of the final legislation as set out in the Conference Agreement of November 21, 2003].
Message from the chair By Bruno J. Tassone Alternative Dispute Resolution, December 2003 The Circuit Court of Cook County is considering a court-annexed mediation program for major civil cases effective in the spring of 2004; participation in the process will require an attitude adjustment.
Message from the chair By Bruno J. Tassone Alternative Dispute Resolution, October 2003 As Chairperson, I feel challenged and excited with the many tasks before our ADR Section Council this year.
Message from the Chair By John F. Erbes Elder Law, September 2003 Another bar year is underway and I am very honored to be the Chair of the Elder Law Section for 2003-2004.