Section Newsletters

Articles From 2004

Taxpayers beware: Illinois broadens its state and local real estate transfer taxes By Stanley R. Kaminski State and Local Taxation, April 2004 Effective June 1, 2004, the Illinois Real Estate Transfer Tax has been expanded to include not only transfers of real property by deeds and beneficial interests in land trusts, but also: (a) the transfer of ground leases that provide for a term of 30 years or more; and (b) the indirect transfer of an interest in real property as reflected by the transfer of a controlling interest in a real estate entity.
Technology and the Law Seminar, March 12, 2004 By Patricia M. Fallon Legal Technology, Standing Committee on, May 2004 The Federal Civil Practice committee co-sponsored the "Technology and the Law" Seminar in Chicago on March 12, 2004.
Technology and The Law seminar-March 12, 2004 By Patricia M. Fallon Federal Civil Practice, November 2004 The Federal Civil Practice committee co-sponsored the "Technology and the Law" Seminar in Chicago on March 12, 2004.
Telephone calls from prospects: How to protect yourself from this two-edged sword By Trey Ryder Young Lawyers Division, October 2004 If you're like most lawyers, you know the value of speaking with a prospective client over the telephone before your first meeting.
Termination not wrongful By Thomas W. Kelty Local Government Law, December 2004 The city clerk of Mattoon, Illinois was terminated from his position by the newly elected mayor and incoming city council.
The termination of an oil and gas lease in its secondary term By John C. Robison, Jr. Mineral Law, December 2004 The term of an oil and gas lease is set forth in a provision known as the habendum clause.
The terms of an oral settlement agreement witnessed and approved by a judge will be enforceable, notwithstanding the fact that such an oral agreement, absent the judge, would come within the statute of frauds By Ronald S. Davis Bench and Bar, December 2004 This was the holding in Rose v. Mavrakis, 343 Ill.App.3d 1086, 799 N.E.2d 469 (1st Dist. 2003), PLA den., 207 Ill.2d 27, 807 N.E.2d 982 (2004).
Terri’s Law: Lessons learned, hard lessons avoided By William L. Cleaver Elder Law, June 2004 The tragic legal odyssey of Terri Schiavo continues. Ms. Schiavo is the 40-year-old woman in Florida who has been in a persistent vegetative state for 10 years.
Terry stops: the riddle of Fourth and Fifth Amendment jurisprudence By Patrick M. Kinnally General Practice, Solo, and Small Firm, September 2004 Benny Bogain has come to see you. Over the years, he has experienced a few problems with local law enforcement officers. A DUI, a battery charge, and most recently a minor ordinance violation for possessing a 12-pack in Lincoln Park.
Thinket Ink Information Resources v. Sun Microsystems By Jonathan Linnemeyer Business and Securities Law, June 2004 Whether corporations have standing to assert a discrimination claim under 42 U.S.C. §1981.
To the editors Elder Law, June 2004 While Paul A. Meints' article in the March 2004 Elder Law newsletter presents some interesting possible customizations of both the health care and property powers of attorney, the suggestions raised three issues in my mind.
The top 10 causes of action in Illinois securities litigation: What a non-securities lawyer needs to know about securities law By Alon Stein, Leslie A. Blau, & Daniel J. Harty Administrative Law, April 2004 A 62-year-old widow tells her broker that she is interested in investing the $250,000 that she obtained from her husband's life insurance policy.
Torture and war crimes-Violations of international law and our constitutional values By Mark E. Wojcik Human and Civil Rights, May 2004 In recent days the world has seen shocking, horrific, despicable photographs of Iraqi prisoners who were being humiliated, abused, and tortured by smiling Americans.
Total Return technical amendments By Lyman W. Welch Trusts and Estates, October 2004 Technical amendments to the Illinois Total Return Trust Law became effective August 23, 2004 when HR 1080 became Public Act 930991.
The Tradition of Excellence Award By Michele M. Jochner General Practice, Solo, and Small Firm, January 2004 As we start a new calendar year (and also reach the half-way point of the bar year), I would like to take this opportunity to briefly update you with respect to some of the activities of the ISBA's General Practice, Solo and Small Firm Section Council for the first six months of the 2003-2004 bar year.
The treatment of Social Security benefits in the allocation of marital assets after In Re Marriage of Crook: Neither divide nor consider By Cecilia Hynes Griffin Family Law, October 2004 Henry and Julia are ending their 35-year marriage.
Trends that will affect your practice By John T. Phipps Administrative Law, September 2004 General Practice Section Council member Matt Maloney raised some interesting issues at the last Section Council meeting about the trend that smaller counties are losing lawyers and the average age of the lawyers is rising because of the lack of young lawyers going to the smaller counties to practice.
Trusts for companion animals By Lin Hanson General Practice, Solo, and Small Firm, June 2004 Pet animals are a very important part of the lives of many people. Companion animals significantly improve the lives of individuals with disabilities, such as "seeing eye" dogs for the visually impaired, and dogs used to "fetch" for physically challenged and chair-bound people.
Twenty questions about Public Act 93-0523: Recording closed session meetings By Stewart H. Diamond & Keri-Lyn J. Krafthefer Administrative Law, April 2004 Public Act 93-0523, effective January 1, 2004, requires all Illinois units of local government, including fire protection districts and school districts, to audio or video record their closed sessions.
Twenty questions about Public Act 93-0523: Recording closed session meetings By Stewart H. Diamond & Keri-Lyn J. Krafthefer Local Government Law, January 2004 Public Act 93-0523, effective January 1, 2004, requires all Illinois units of local government, including fire protection districts and school districts to audio or video record their closed sessions.
Twinning Project By Lewis F. Matuszewich International and Immigration Law, April 2004 In 1990 the Illinois State Bar Association entered into a "Twinning Agreement" with the National Bar Association of Poland and the Advocates Society of Chicago.
Understanding the impact of common contract provisions: The “merger” or “integration” clause vs. the “no reliance” clause-Careful drafting can help ward off a fraud claim By Joseph G. Bisceglia General Practice, Solo, and Small Firm, February 2004 Careful document drafting can help ward-off a fraud claim.
The Uniform Child Custody Jurisdiction and Enforcement Act By Rory Weiler Family Law, June 2004 Effective January 1, 2004, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)2 will supplant the Uniform Child Custody Jurisdiction Act (UCCJA) and become the law of the land in Illinois, as it already has become in approximately 30 other states.
Union decertification held not to trigger complete ERISA withdrawal liability By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2004 In Central States, Southeast and Southwest Area Pension Fund v. Schilli Corporation, Case No. 03-8880 (11/15/04), Judge John Darrah of the U.S. District Court for the Northern District of Illinois rejected Central States' assertion that an employee vote to decertify a union created a complete ERISA withdrawal liability for their employer.
United Airlines, Inc. v. Maria Pappas, Cook County Treasurer and Ex-Officio County Collector (Ill. App. Ct., 1st Dist., decided 2/27/04) State and Local Taxation, April 2004 This is a consolidated appeal for the 1994, 1995 and 1996 tax years, which involves United Airlines, Inc.'s objection to the real estate assessment pertaining to its leasehold interest of terminal space at O'Hare Airport.
United States Supreme Court addresses scope of Foreign Sovereign Immunities Act By Heather R. Wlodek International and Immigration Law, January 2004 The Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1330, 1602-1611, provides the sole basis for obtaining jurisdiction over a foreign state in United States courts.
The United States Virgin Islands tax incentive Programs By Donna F. Hartl Federal Taxation, March 2004 The United States Virgin Islands (USVI) offers incentives to certain qualified businesses. If a qualifying business is established in the U.S. Virgin Islands and hires a minimum number of local employees, it may be eligible for government tax incentives which will eliminate a large percentage of income taxes and local taxes for up to 10 years or more.
Unsportsmanlike conduct committed by the BCS By Nicole Hanna January 2004 The college football season thus far has been more exciting than in previous years. Dominant schools are being upset by traditionally weak schools, bridging the gap that was once so prevalent in college football, and thus making it seem as though all college football teams are standing on equal ground.
Upcoming electronic resources seminar By Helen Gunnarsson Administrative Law, September 2004 As this edition of the Administrative Law Section newsletter goes to press, we are putting together a CLE program that promises to be informative, helpful, and even fun.
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, September 2004 Since our last meeting, we report the following matters relating to banking law.