Articles From 2004

Does a lending institution have a duty to a potential guarantor of a promissory note to advise him that his future business partners are financially shaky and may not repay the loan? By John B. Kincaid Civil Practice and Procedure, February 2004 In a recent case which must have sent shudders through the banking community, the First District Appellate Court held that such conduct is actionable.
Does Illinois need a Business Trusts Act? By William A. Price Business and Securities Law, December 2004 Illinois has been in the process of revising and modernizing the statutes that determine the rights and liabilities of insiders and outsiders in business organizations for the last 23 years.
Does NAFTA’s interpretation of “expropriation” favor foreign investors over domestic investors? By Rebecca L. Weinberg International and Immigration Law, June 2004 Part 1: Treatment of expropriation under NAFTA Chapter 11
Does NAFTA’s interpretation of “expropriation” favor foreign investors over domestic investors? Part 2: Advantages of NAFTA investors over domestic investors in the United States By Rebecca L. Weinberg International and Immigration Law, August 2004 In the June 2004, issue of The Globe, Part 1 of this article appeared, dealing with Treatment of expropriation under NAFTA Chapter 11. Part 2 continues the discussion of expropriations under NAFTA.
Does NAFTA’s interpretation of “expropriation” favor foreign investors over domestic investors? Part 3: advantages of NAFTA investors over domestic investors in Canada and Mexico By Rebecca L. Weinberg International and Immigration Law, September 2004 In the July 2004 issue of The Globe, Part 2 of this article appeared, dealing with Advantages of NAFTA Investors Over Domestic Investors in the United States.
Domestic violence is every attorney’s business By Kimberly R. Lusk Young Lawyers Division, February 2004 In 2002, the Chicago Office of Emergency Communications fielded 215,153 domestic violence phone calls, an average of 589 calls per day.1
The DOs and DON’Ts of marketing a small law firm By Richard L. Migala Law Office Management and Economics, Standing Committee on, April 2004 A long-term strategic marketing plan is essential to producing a financially successful practice that will continue to provide profit throughout our professional career.
Down one and three to go: Supreme Court to decide four antitrust cases in 2003-04 term By Robert E. Draba March 2004 Throughout the 1980s, the United States Supreme Court regularly decided one or two major antitrust cases each term.
Due process does not require that punitive damages be capped at a 4-to-1 ratio with compensatory damages By Devlin J. Schoop Federal Civil Practice, May 2004 In Mathias v. Accor Economy Lodging, Inc., No. 03-1010 (7th Cir. Oct. 21, 2003), the Seventh Circuit held that a jury verdict, in which punitive damages exceeded compensatory damages by more than four times a single-digit ratio, was not unconstitutionally excessive in violation of due process.
Dues are due (and due and due. . .) By J.A. Sebastian Labor and Employment Law, August 2004 Public Act 93-853 (House Bill 4374) signed into law August 2, 2004, amends the Illinois Public Relations Act, Section 6(f), (5 ILCS 315/6(f)), to require employers to continue to collect union dues even after the collective bargaining agreement has ended.
DUIs & Custodial Interrogation By Thomas M. Moran Traffic Laws and Courts, June 2004 For years prosecutors and defense attorneys have debated over what actually constitutes "custodial interrogation" in the context of a DUI stop.
E-Filing has come to DuPage County By James F. McCluskey Civil Practice and Procedure, November 2004 Effective November 15, 2004, by issuance of Order number M.R. 18368, the Illinois Supreme Court has approved the Eighteenth Judicial Circuit Court as a site for the initial implementation of an electronic filing pilot project.
E-filing in Illinois: Closer, but not there yet By Peter Mierzwa Legal Technology, Standing Committee on, January 2004 E-filing is the process of electronically transmitting documents to court instead of manually filing paper documents.
Edited surveillance videotape of plaintiff ruled inadmissible By Michael J. Marovich Civil Practice and Procedure, October 2004 It is often a plaintiff attorney's nightmare to learn that the defendant or his insurance carrier has videotaped the plaintiff and has caught him or her doing activities that they claimed they were not capable of doing.
Editors’ column Family Law, October 2004 We would like to take this opportunity to ask for your help in making the upcoming year a successful one for the Family Law Section Newsletter.
Editor’s column By William T. Kaplan Business Advice and Financial Planning, October 2004 We have run an unsuccessful campaign encouraging our readers to write letters to the editor on any subject matter.
Editor’s column By William T. Kaplan Business Advice and Financial Planning, June 2004 In the past we have constantly urged all readers to submit comments for a "letters to the editor" column.
Editor’s column Family Law, March 2004 In the April 2003 Family Law newsletter, the Family Law Section Council set forth its “Opening Statement” relating to its work in revising the current custody and visitation provisions of the Illinois Marriage and Dissolution of Marriage Act.
Editor’s column-ABA Tech Show Report By John T. Phipps General Practice, Solo, and Small Firm, April 2004 The ABA Annual Tech Show was held at the Sheraton Chicago Hotel & Towers on March 25-27, 2004. The Exhibits section included vendors of legal software and hardware.
Editor’s column-Thoughts on law office technology: Weigh your technology options: Even if it ain’t broke there maybe a reason to upgrade. The ABA Techshow can help decision makers By John T. Phipps General Practice, Solo, and Small Firm, February 2004 The Annual ABA Technology Show at the Sheraton Hotel & Towers in Chicago is set this year for March 25-27, 2004.
Editor’s column-Thoughts on “We the People,” Quicken Lawyer and pending legislation to authorize form completion business: Are we missing an opportunity and ignoring a legal need? By John T. Phipps General Practice, Solo, and Small Firm, March 2004 There is a large segment of the public that is looking for people to fill out their legal forms so they can represent themselves in court on a transaction and avoid paying large lawyer fees.
Editor’s column-Two important developments: The ISBA Mentor Center now open . . . & new terrorist lists that every lawyer needs to know about By John T. Phipps General Practice, Solo, and Small Firm, May 2004 The ISBA mentor Center at is now open. It is one of ISBA President Terry Lavin's major projects and has been in the works for some time.
Editor’s column: The petition is filed! It is now up to the Supreme Court By John T. Phipps General Practice, Solo, and Small Firm, January 2004 On January 15, 2004, the ISBA filed with the Illinois Supreme Court a petition titled "In Re the Matter of Proposed Amendments to Illinois Rules for Professional Conduct to Allow and Regulate the Sale and Transfer of a Solo Practitioner's Law Practice" MR19235.
Editor’s column: Trends that will affect your practice By John T. Phipps General Practice, Solo, and Small Firm, June 2004 GP 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.
Editor’s column: We need to persuade the Illinois Supreme Court Rules Committee to recommend adoption of the sale of a solo practice rule By John T. Phipps General Practice, Solo, and Small Firm, September 2004 In September 10, 2004 the Illinois Supreme Court Rules Committee considered the ISBA petition to adopt the sale of a solo practice rule. Clients need this rule. Lawyers need this rule.
Editor’s comments International and Immigration Law, December 2004 Be careful what you wish for! Editors from the various ISBA publications often remark that they wish they would receive more submissions.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, November 2004 Thank you to a wide range of authors who are submitting articles at a record pace, we are in October and this is already the third issue of The Globe.
Editor’s comments By Lewis F. Maravilla International and Immigration Law, September 2004 Leading off this issue of The Globe is the Chair’s Column by Mark E. Wojcik. Mark has prepared information concerning the members of the Section Council to introduce them to the readers of The Globe.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, August 2004 Welcome to our new year of The Globe. The International and Immigration Law Section Council's new chair, Mark E. Wojcik, will build on the accomplishments of last years' chairs, Michael J. Chmiel and Jessica DePinto.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, June 2004 This is the first time for several years that we have received enough material to have seven issues of The Globe. It is a great accomplishment due to the leadership of Jessica DePinto, Section Council Chair, and Mark Wojcik, Section Council Vice-Chair. Cindy G. Buys is an Assistant Professor at Southern Illinois University School of Law. "The Continuing Evolution of Immigration Law to Address Issues of Domestic Violence" is her first article to appear in The Globe.

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