Section Newsletters

Articles From 2003

The standard of review for granting or denying special use permits significantly changed By Jack H. Tibbetts Real Estate Law, August 2003 The Illinois Supreme Court has in two recent cases changed the standard for review of the granting of a special use permit to administrative review and left the standard of review for zoning variances as de novo review.
State tax judges meet in Salt Lake City By Alexander P. White State and Local Taxation, January 2003 Forty state tax judges were in attendance at the 21st Annual State and Local Taxation Conference that convened in Salt Lake City, Utah on September 26, 2002.
State’s attorney’s efforts recognized Government Lawyers, August 2003 Will County State's Attorney Jeff Tomczak will receive the Illinois State Crime Commission's State's Attorney of the Year Award.
Staying current Elder Law, April 2003 When meeting with "community spouses," make sure you are using the updated figures for the Community Spouse Asset Allowance and the Community Spouse Monthly Maintenance Needs Allowance.
Storm runoff liability exemption inapplicable By James K. Weston Mineral Law, December 2003 An apparent exemption from liability for stormwater runoff liability has been construed not to apply in the case of The People ex rel. Lisa Madigan, Attorney General of Illinois v. Dixon-Marquette Cement Inc. and Prairie Material Sales, Inc., (No. 2-02-0638, Second Appellate District, 2003).
Storm warnings for Medicaid planners By Mark Haney Elder Law, April 2003 ATTORNEYS BEWARE. There's a "storm" on the Medicaid planning horizon blowing in from the East Coast, in particular, from Connecticut
The story of annuities—Their use and disuse By Robert M. Eberhardt Business Advice and Financial Planning, September 2003 This article is intended to be a discussion of the advantages and disadvantages of the use of annuities by Financial Planners, and more specifically Certified Financial Planners ("CFP").
Subject index to substantive articles in volumes 36, 37, 38, 39 & 40 of The Corporate Lawyer Corporate Law Departments, June 2003 "An in-house counsel's guide to dealing with cybersquatters--part I (ICCAN's Uniform Domain Name Dispute Resolution Policy)"
Summaries of recent decisions Administrative Law, June 2003 Plaintiff alleged that defendant's exclusive contracts with retail stores for the placement of at-shelf coupon dispensers foreclosed competition in violation of the Sherman Act, the Illinois Antitrust Act, the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1, et seq.) and common law.
Summary of bills considered by the Commercial Banking & Bankruptcy Law Section Council Commercial Banking, Collections, and Bankruptcy, March 2003    
Summary of recent decisions Administrative Law, November 2003 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.
Summary of recent decisions Administrative Law, September 2003 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
A summary on summary judgment By Patrick M. Kinnally Civil Practice and Procedure, January 2003 Section 5/2-1005(c) of the Illinois Compiled Statutes states that summary judgment "shall be rendered without delay if the pleadings, depositions and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."
“The summer of jurisdiction” By Timothy J. Howard Federal Civil Practice, November 2003 For those who do not remember, the “Summer of Love” took place in 1967 and was intended to be dedicated to a celebration of music, peace and love (sex).
Superfund liability changes By Raymond T. Reott Environmental and Natural Resources Law, June 2003 Last year saw a major revision of the federal Superfund Program with several important changes in the liability standards. Small Business Liability Relief and Brownfields Revitalization Act, P.L. 107 ­ 118 (2002).
Supreme Court holds statewide meetings on civility and professionalism— Committee on Women and the Law to participate By Claire A. Manning Women and the Law, November 2003 The Supreme Court is making great strides in raising the consciousness of the bar on issues of civility and professionalism in the courtroom and, more generally, in the practice of law.
Supreme Court Rule 416(c)—Constitutional dimensions By Patrick E. Ward General Practice, Solo, and Small Firm, August 2003 (c) Notice of Intention to Seek or Decline Death Penalty. The State's Attorney or Attorney General shall provide notice of the State's intention to seek or reject imposition of the death penalty by filing a Notice of Intent to Seek or Decline Death Penalty as soon as practicable.
Supreme Court to look at Rule 23 Bench and Bar, March 2003 On February 6, 2003, Justice Rita Garman told a luncheon meeting of the Appellate Lawyers Association that the Supreme Court is appointing a special committee composed of appellate and circuit judges and attorneys to evaluate Rule 23 and recommend any changes. ISBA past-president J. Timothy Eaton is one of the members of this special committee.
Supreme Court upholds IOLTA funding for legal aid By Lee Beneze Elder Law, June 2003 The United States Supreme Court has made a final ruling on the constitutionality of using IOLTA (Interest on Lawyers' Trust Accounts) for the funding of legal services for low-income persons.
Surviving the e-mail avalanche By Dan C. Felean Law Office Management and Economics, Standing Committee on, September 2003 In a matter of a few years, electronic mail has quickly become the core application for almost every lawyer and business client.
Tackling violence: A comprehensive summary of the first World Health report on violence By Nicole Smith Alternative Dispute Resolution, May 2003 Each year, over one million people worldwide die as a result of violence. In 2000, 520,000 people were killed by acts of interpersonal violence alone.
Tax administration and procedure update By James S. Zmuda Federal Taxation, June 2003 The Internal Revenue Service (IRS) has issued temporary and proposed regulations pursuant to Code §§6107 and 6695 to facilitate electronic filing and record keeping by tax return preparers.
Tax administration and procedure update By Thomas F. Arends Federal Taxation, January 2003 The following update contains selected information provided by the IRS Small Business/Self-Employed Taxpayer Education and Communication Group which periodically issues various news releases on IRS rulings, highlights on proposed regulations on tax procedure, and other tax administration announcements that may be relevant to the practitioner community.
Tax rulings and decisions By Mark E. Zumdahl Trusts and Estates, May 2003 The Tax Court case of Ralph H. Davis v. Commissioner, T.C. Memo 2003-55, reminds us of the danger of placing limitations on the right of a surviving spouse to trust income if a marital deduction is desired.
Tax Trends digest of topics available on the Web site By Karen Dimond & Mary Ann Connelly State and Local Taxation, March 2003 "A Review of the 18th Annual Conference of the National Conference of State Tax Judges" by Judge Alexander White. Judge White reviews the three-day conference and the history and future of the National Conference of State Tax Judges.
Taxable costs issue addressed by Supreme Court By Patrick J. Hitpas General Practice, Solo, and Small Firm, August 2003 In the case of Vicencio v. Lincoln-Way Builders, Inc., 2003 Ill. LEXIS 769, the Illinois Supreme Court granted Defendant's Petition for Leave to Appeal to resolve a split among the Appellate Districts on the question of whether a trial court may assess as costs the fee charged by a plaintiff's treating physician for his participation in an evidence deposition that was presented to the jury.
Taxation of damages in cases not based on “physical injuries or physical sickness”—A civil rights dilemm By Monica E. McFadden Tort Law, February 2003 Scenario 1: You represent an African-American female who was physically assaulted by her employer. You bring a federal lawsuit under Title VII of the Civil Rights Act (42 U.S.C. § 2000 (e) et. seq) and section 1981 (42 U.S.C. 1981), alleging racial discrimination.
Taxing tiers above title By James K. Weston Mineral Law, December 2003 Senate Bill 1883 provides that the transfer tax on real estate transactions is expanded so that it applies to certain off-record transfers.
TechnoLawyer.com: Digital cameras—diversion or useful tool? By Carol L. Schlein Legal Technology, Standing Committee on, February 2003 Sometimes it's hard to think about serious issues like billing systems, litigation or case management.
TechnoLawyer.com: Equipping the small law office for less than $10,000 By Jeffrey S. Lisson Legal Technology, Standing Committee on, February 2003 This is Part Three of a three-part series that discusses what you need and don't need, when to cut corners, and when to go all out when equipping a solo or small law office for less than $10,000. In Part 1, Jeffrey outlined the hardware required for this endeavor and In Part 2, he discussed software.