Section Newsletters

Articles From 2004

Seventh Circuit reaffirms that plaintiffs who prove pay discrimination may be awarded back pay even if the illegal pay decision occurred outside the limitations period By Robert H. Brown Federal Civil Practice, May 2004 In Reese v. Ice Cream Specialties Inc. and Hildebrandt v. Illinois Department of Natural Resources, plaintiffs claimed they were paid less than they should have been because they were an African-American and a woman, respectively.
Seventh Circuit rules: “Unpaid legal fees due debtors’ bankruptcy attorneys are discharged in Chapter 7” By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, February 2004 On December 17, 2003, the Seventh Circuit Court of Appeals rendered a decision that will have a major impact on how Chapter 7 debtor attorneys negotiate and collect their attorney fees in bankruptcy cases for years to come.
A short course on guardianship appointment and service By James B. Moses, Jr. Government Lawyers, March 2004 Editors' Note: This article is the second in what is hoped to be a series of articles written by government lawyers with expertise in an area of law in which family and friends often pose questions.
Short items Intellectual Property, February 2004 The State Justice Institute as part of the Court Technology Laboratory has established the inCounter E-filing Solution for electronic filing of court documents, .
Significant changes ahead for deferred compensation plans: An overview of the deferred compensation provisions under the American Jobs Creation Act of 2004 Employee Benefits, December 2004 President Bush recently signed into law new legislation that will substantially affect all nonqualified deferred compensation plans and employment agreements that include deferral arrangements, and may also affect other forms of compensation.
Sole custody judgment diminished By James E. Buchmiller General Practice, Solo, and Small Firm, March 2004 It is somewhat customary for attorneys representing fathers of minor children in custody disputes to advise them that the best they can hope for is liberal visitation.
Some deadlines really are final By Daniel T. Gillespie Civil Practice and Procedure, May 2004 As Justice Smith wrote in this unanimous In re Estate of Lucy J. Kunsch opinion, "Rule 216 is not a suggestion, but rather a rule that must be strictly obeyed and enforced." Some deadlines must be met. Some final dates really are final.
Some interesting IRS rulings By Mark E. Zumdahl Trusts and Estates, February 2004 PLR 200340012-In this Private Letter Ruling, the IRS ruled favorably whether decedent's interest in rental real estate qualified as a closely held business for purposes of electing installment payment of estate taxes under §6166 of the Internal Revenue Code.
Some observations on the legal status of American Indians and American Indian tribes By James W. Springer Human and Civil Rights, December 2004 The legal status of Indians and Indian tribes under American law is unique, distinctive, and at times eccentric.
Someone you should know: David Koski By John Gibbons Government Lawyers, September 2004 In early May 2004, a staff meeting was held for the employees of the Winnebago County State's Attorney's Office.
Someone you should know: Edwin R. Parkinson By Kelly Wingard Government Lawyers, June 2004 Ed Parkinson is someone you should know. The affable Irishman with smiling eyes and a "never-known-a-stranger" personality, is also a no-nonsense prosecutor with an appetite for death penalty cases.
Someone you should know: Raquel “Rocky” Martinez By Bryant Gomez Government Lawyers, March 2004 When Raquel "Rocky" Martinez approached her high school counselor to discuss her plan to pursue a legal career, she did not expect to receive such a discouraging response.
The Southern District goes electronic! By J. Phil Gilbert Commercial Banking, Collections, and Bankruptcy, May 2004 I hope that the first time you hear about the Southern District of Illinois' electronic filing system is not by receiving a "Notice of Return of Document for Failure to Electronically File Document."
The Southern District goes electronic! By J. Phil Gilbert Federal Civil Practice, February 2004 I hope that the first time you hear about the Southern District of Illinois' electronic filing system is not by receiving a "Notice of Return of Document for Failure to Electronically File Document."
Speech to the Illinois Association of Administrative Law Judges and the CBA Administrative Law Judges Committee, Thursday, June 24, 2004 By Patricia Mell Administrative Law, September 2004 A couple months ago, I had the pleasure to become acquainted with Ann Breen-Greco while attending a meeting of the National Council of Negro women.
State chamber can’t intervene By James K. Weston, Sr. Mineral Law, March 2004 In a very recent decision rendered by the U.S. Circuit Court of Appeals for the Seventh Circuit in the case of Sierra Club, Inc. v. Environmental Protection Agency, No. 03-4174, decided February 19, 2004, Judge Easterbrook wrote the opinion denying the Motion to Intervene by the Illinois State Chamber of Commerce ("Chamber") and the Illinois Environmental Regulatory Group ("IERG").
State Court Participation Reaches 200 for CIP Bench and Bar, October 2004 Janel Foss, Assistant Director for Administration and Outreach for the Courtroom Information Project (CIP), today announced the participation of the two hundredth state court participant, a milestone in the project’s 25 months of operation.
State of the Court Address-April 15, 2004 By Charles P. Kocoras Bench and Bar, May 2004 Good afternoon to you all. I want to thank Magistrate Judge Arlander Keys, the officers and all of the members of the Federal Bar Association for inviting me to speak to you today.
State Officials and Employees Ethics Act-Applicability to municipalities By John H. Brechin Local Government Law, October 2004 In late 2003, the Illinois General Assembly passed two bills representing significant ethics reform legislation. Public Act 93-615 became affective November 19, 2003.
State tax consequences for community college student housing By John Cummins Business Advice and Financial Planning, October 2004 Recently community colleges in Illinois began exploring the possibilities of constructing housing facilities for their students.
Status of grandparent visitation in Illinois following Wickham By Daniel C. Hawkins Elder Law, June 2004 Prior to 2002, Illinois grandparents had statutory rights to visitation. 750 ILCS 5/607 (b) et seq.
Stepmothers: The Good, the Bad, and the Ugly By Amie M. Sobkoviak Women and the Law, October 2004 Once upon a time, there lived a little girl with beautiful long blonde hair and eyes as blue as cornflowers. She had lived happily with her father for a long time…
Stops along the Information Superhighway - The ABA Commission on Law and Aging Elder Law, October 2004 The Web site of the ABA Commission on Law and Aging (www.abanet.org/elderly) is worth visiting every so often.
Strategic use of vehicular damage evidence in personal injury litigation: An update By Michael J. Marovich Civil Practice and Procedure, January 2004 In the November 2002 Trial Briefs publication, I wrote an article regarding the strategic use of vehicular damage evidence in personal injury litigation.
Stricter construction of Confrontation Clause may limit state’s use of hearsay at trial: An analysis of Crawford v. Washington By John Gleason Criminal Justice, June 2004 On March 8, 2004, the United States Supreme Court decided Crawford v. Washington, 541 U.S. ___, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004).
Subject index to substantive articles in volumes 36, 37, 38, 39, 40 & 41 of The Corporate Lawyer Corporate Law Departments, June 2004 "An in-house counsel's guide to dealing with cybersquatters-part I (ICCAN's Uniform Domain Name Dispute Resolution Policy)"
Subsequent remedial measure—An update By John M. Stalmack Tort Law, April 2004 Evidence of a subsequent remedial measure is not admissible to prove negligence on the part of any person being charged with negligent conduct.
Subsidized guardianship: A third ground for permanent placement By Catherine M. Ryan & Nancy Hablutzel Child Law, December 2004 May a trial court enter a permanency goal of subsidized guardianship and close the juvenile court case, thereby continuing the guardianship indefinitely and preventing further work of the Illinois Department of Children and Family Services toward reunification with the parents?
Suggestions from the bench and from a former general practitioner By John T. Phipps General Practice, Solo, and Small Firm, November 2004 The suggestions in this outline are designed to remind the experienced general practitioner of some points sometimes forgotten.
Suing your client and practicing law as a registered corporation: A look at Supreme Court Rule 721 By Patrick M. Kinnally General Practice, Solo, and Small Firm, March 2004 Is a law firm that fails to register as a corporation with the Illinois Supreme Court creating a remedy to a former client of that firm because of the failure to register?