Articles From 2004 | Illinois State Bar Association

Nuisance and zoning issues that might be coming to a courthouse near you By Jeffrey A. Mollet Agricultural Law, February 2004 It seems that nuisance actions and zoning issues are the current hot topic for real estate lawyers practicing where rural America and the so-called advanced civilization of the big city meet.

OAI, Inc. opens “A Place for Change” By E. Lynn Grayson Women and the Law, October 2004 OAI, Inc. is a non-profit workforce development agency founded in 1976. OAI envisions a community where access to education, job training and employment is available to all. OAI believes that extending the opportunity to earn a living wage is a vital step towards creating and sustaining strong communities.

Obtaining international trademark protection via the Madrid Protocol By Sirat K. Attapit International and Immigration Law, January 2004 The international registration of trademarks is governed by the "Madrid System." The Madrid System is made up of two relatively similar treaties, the Madrid Agreement ("Agreement") and the Madrid Protocol ("Protocol").

An old judge’s thoughts By Milton Shadur Bench and Bar, May 2004 Mixed feelings" have been described in a number of different ways, some taking the form of ancient (and hence occasionally politically incorrect) jokes.

One of our own achieves Laureate distinction By Claire A. Manning Women and the Law, June 2004 Sharon Eiseman, a longstanding and active member of the Standing Committee on Women and the Law, and a tireless promoter of women's legal rights, has been awarded with ISBA's highest achievement, a 2004 Laureate of the Academy of Illinois Lawyers.

Open Meetings Act- A convenient place lies somewhere between a broom closet and football stadium By John H. Brechin Local Government Law, April 2004 Gerwin involved an action by a citizen alleging that a meeting held by the defendant was in violation of the Open Meetings Act because it held a meeting at a location that was not convenient to the public.

Open Meetings Act- Right to participate By John H. Brechin Local Government Law, April 2004 The City of Cocoa enacted regulations limiting the right of non-resident to speak during its city council meetings.

Open Meetings Act-A convenient place lies somewhere between a broom closet and a football stadium By John H. Brechin Government Lawyers, June 2004 Gerwin involved an action by a citizen alleging that a meeting held by the defendant was in violation of the Open Meetings Act because it held a meeting at a location that was not convenient to the public.

Open Meetings Act-Right to participate By John H. Brechin Government Lawyers, June 2004 The City of Cocoa enacted regulations limiting the right of non-residents to speak during its city council meetings.

Opening statement By John M. Stalmack Civil Practice and Procedure, October 2004 Illinois Supreme Court Rule 235 governs the opening statement.1 As soon as the jury is impaneled, the attorney for the plaintiff may make an opening statement.

Overdue for a raise—Small estate affidavit limit increased to $100,000 By Katarinna McBride Trusts and Estates, October 2004 The highly-anticipated and widely followed Senate Bill SB2630, which raised the gross value permitted for a Small Estate Affidavit to $100,000, was signed into law by the Governor on August 6.

Overview of the Algerian Code of Public Tenders of July 24, 2002 By Michael L. Coleman & Celine van Zeebroeck International and Immigration Law, April 2004 The new Algerian Code of Public Tenders (the "Code"), which applies exclusively to the procurement contracts concluded between the Algerian national and local governments as well as public entities (the "Algerian Customer") and any Algerian or foreign entity, was promulgated by Presidential Decree dated July 24, 2002.

An overview of the United States Supreme Court’s equal protection standard for the adjudication of racial gerrymandering lawsuits By Frank M. Adams Human and Civil Rights, May 2004 Note: The "predominant factor" test is the test that has been developed by the United States Supreme Court to examine, under equal protection analysis, the constitutionality of the use of race by state and local entities in their redistricting plans.

PAIR with a great Web site equals less time at the computer By Shannon M. Shepherd International and Immigration Law, March 2004 As an attorney with a small firm who represents many clients from Asia for both immigration and international business issues, I am always looking for ways to cut down on research time and expense by utilizing the Internet.

Paramedics and the extent of statutory immunity: Through the looking glass By Ronald A. Roth Civil Practice and Procedure, March 2004 In Antonacci v. City of Chicago, 335 Ill.App.3d 22 (1st Dist. 2002), the First District discussed the extent of statutory immunity in considering whether a failure by paramedics to defibrillate a heart attack victim and the failure to perform an EKG to determine whether he needed to be defibrillated constituted a failure to properly treat a myocardial infarction, a failure to properly diagnose a myocardial infarction or a failure to properly examine a patient with a myocardial infarction.

Partition/co-ownership/co-habitation By Bernard Wydajewski General Practice, Solo, and Small Firm, January 2004 Your client states she is ready to end her relationship with her boyfriend. They purchased a home together 10 years ago as joint tenants. But now she wants out and he won't give her a "fair share." What is her "fair share" and how do you obtain it?

PDF alternatives By Nerino J. Petro Legal Technology, Standing Committee on, January 2004 A current commercial for Adobe's Portable Document Format asks "Is it better to give or to receive a PDF?

People v. Hanna By Edward M. Maloney Traffic Laws and Courts, January 2004 In a blistering rebuff, the Illinois Supreme Court has reversed an Illinois Appellate Court decision that had required the Illinois Department of Public Health to follow its own rules and regulations.

People v. Lomas, 812 N.E.2d 39 (5th Dist. 2004) By Michael Kiley Bench and Bar, October 2004 In this case, the court found the defendant’s detention impermissibly exceeded the scope of the initial stop and was an illegal detention.

People v. Smith and People v. Laake: A new exception to the 4th Amendment prohibition against warrantless seizures? By Larry A. Davis Traffic Laws and Courts, June 2004 Illinois courts have generally recognized only three circumstances under which police-citizen encounters in the absence of a warrant may be deemed permissible under the 4th Amendment to the United States Constitution:

Personal Jurisdiction.com: How much “interactivity” is enough? By Kris R. Murphy Civil Practice and Procedure, December 2004 Is a company which maintains Internet web pages which are accessible in Illinois, but has few or no other contacts with the State, "transacting business" in Illinois such that an Illinois court could properly exercise personal jurisdiction over it?

Pharmaceutical patent settlement cases: Mixed signals for settling patent litigation By Margaret J. Simpson June 2004 In its October 2003 Report on Competition and Patent Law and Policy, the Federal Trade Commission wrote that "competition and patents are not inherently in conflict.

Phase II stormwater discharge permits and the Tenth Amendment By Jorge Mihalopoulos Environmental and Natural Resources Law, June 2004 The Tenth Amendment provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." U.S. Const. Amend. X. According to the U.S. Supreme Court, this protection of dual sovereignty prohibits the federal government from compelling state and local governments to regulate their residents according to federal standards.

Phased retirement: A retention strategy whose time has come By Janemarie Mulvey, Ph.D. Corporate Law Departments, August 2004 Rather than stopping work altogether, many retirement-age workers today would prefer to simply shift into a lower gear.

Phishing: New Internet scam for seniors (and others) to beware Elder Law, March 2004 An Internet scam that has recently been reported demonstrates the ingenuity of con artists. As people get more sophisticated about using the Internet and know not to give out personal information to an unfamiliar site or e-mail correspondent, scammers have come up with a more sophisticated way to get that information.

Plaintiff may recover full amount of medical bills despite insurer’s discounts By Robert T. Park Tort Law, April 2004 The amount of the bills in question in this particular case is minimal, but the decision is of great importance to plaintiffs, defendants, insurers, trial judges and counsel throughout Illinois.

A plaintiff need not present direct evidence of discrimination to get a mixed-motive jury instruction By Richard J. Gonzalez Federal Civil Practice, March 2004 Plaintiffs' employment lawyers are hailing the 2003 United States Supreme Court decision Desert Palace v. Costa, 539 U.S. _____, 123 S. Ct. 2148 (2003) and, just as they did over a decade ago when the Court handed down Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S. Ct. 1775 (1989), and when Congress passed the Civil Rights Act of 1991, hope that it provides a long-awaited breakthrough in employment discrimination law that will fundamentally alter the playing field which they have traditionally viewed as overwhelmingly favoring employers.

Plaintiffs are entitled to submit entire amount of billed medical expenses without any reduction for discounts their health insurance carrier received By Michael J. Marovich Civil Practice and Procedure, February 2004 Recently there has been a flurry of activity by defense attorneys to attempt to limit the damages submitted by the plaintiff to the jury regarding the amount of the plaintiff's medical bills.

The plaintiff’s deposition By Michael R. Lied Labor and Employment Law, February 2004 There are a number of things that defense counsel may hope to accomplish in the plaintiff's deposition. Counsel may want to both fully understand and seek to narrow the plaintiff's claims.

Planning for a terrorist attack on schools: Practical and legal considerations By Heather K. Brickman, Stephanie E. Jones, & Sara E. Groom Education Law, April 2004 The word "terrorism" became commonplace in our headlines, at the watercooler, and at the dinner table on September 11, 2001.