Section Newsletters

Articles From 2005

From the editors Trusts and Estates, June 2005 In this month's newsletter, we lead off with an article by fellow Section Council member Guy E. Williams and his colleague Scott E. Garwood on Circular 230, which includes an update for the guidance released May 18, 2005.
From the editors Trusts and Estates, March 2005 In this newsletter, we lead off with Sowmya Bharathi who compares how HIPAA coordinates with various health care-related statutes in Illinois, including the Illinois Health Care Power of Attorney Act and why our standard Illinois Health Care Power of Attorney will enable an agent to be treated as the individual for purposes of HIPAA compliance.
From the former Chair By Mark E. Wojcik International and Immigration Law, July 2005 The ISBA Section of International and Immigration Law had an especially interesting and productive year, and it has been an honor for me to serve as Section chair.
From the former Chair By Ellen Pauling Child Law, July 2005 Our CLE on Abuse/Neglect Law was a great success and those of you who did not attend should make a point of attending the next CLE.
Gala 2005 to honor Quinlan Young Lawyers Division, October 2005 The Illinois Bar Foundation will celebrate its 7th Annual Gala on Friday, October 14 at the Four Seasons Hotel in Chicago.
Gala 2005 to honor Quinlan By Susan Pierson Women and the Law, September 2005 The Illinois Bar Foundation will celebrate its 7th Annual Gala on Friday, October 14 at the Four Seasons Hotel in Chicago.
General Dynamics Land Systems v. Cline: U.S. Supreme Court turns back reverse discrimination claim By June M. McKoy Elder Law, March 2005 The General Dynamics Land Systems decision was handed down by the United States Supreme Court on February 24, 2004, effectively closing the door on a Sixth Circuit decision that had provided a portal to reverse discrimination claims under the Age Discrimination and Employment Act (hereinafter "ADEA").
Getting and keeping clients By John L. Nisivaco Young Lawyers Division, February 2005 The Illinois Rules of Professional Conduct contain three rules governing advertising in the legal profession. The rules are set forth below
Getting the most from your expert witness: Experience and credibility are not enough for the jury to believe your witness By Vicki Kunkel Young Lawyers Division, April 2005 Your expert witness has an impressive resume. He is a nice guy. He is well known and respected in his field. He is confident. But is this the same impression he will send to the jury?
The global textile and clothing industry after the WTO Agreement on Textiles and Clothing: It’s the end of the (quota) world as we know it By Jessica T. DePinto International and Immigration Law, May 2005 January 1, 2005 marked the end of import quotas on textile and wearing apparel products made in World Trade Organization ("WTO") member countries.
Globalization of human rights law: U.S. Courts v. the Executive Branch By Christopher Scott Maravilla International and Immigration Law, January 2005 The increasing globalization of the adjudication of human rights abuses in national courts and international tribunals has given rise to a paradox in the American political system.
Government lawyer argues “Assassination is not Torture”-7th Circuit Court disagrees International and Immigration Law, January 2005 In Comollari v. Ashcroft, decided August 10, 2004, the 7th Circuit disagrees with the government's proposition that "assassination is not torture" because there can be painless death.
Government Lawyers Committee hosts brown-bag luncheon on networking By Donna Del Principe Government Lawyers, February 2005 The Government Lawyers Committee sponsored the brown-bag lunch, "Jobs, Networking, and Why Do I Work for the Government?" on June 22, 2004.
Government lawyers loan forgiveness legislation struggles to find support By Paul A. Logli Government Lawyers, June 2005 The current version of the Prosecutors and Defenders Incentive Act, a government lawyer loan forgiveness bill, was introduced in the 109th session of the U.S. Congress by Representative David Scott of Georgia.
Governor signs Pension Reform Bill By Michael J. Hernandez Education Law, June 2005 The Governor has signed Senate Bill 27 into law. Among other things, SB 27 extends the teachers' Early Retirement Option (ERO).
Grandparents raising grandchildren-What they should know By Annemarie E. Kill Family Law, April 2005 In the U.S. there are more than six million children who live with grandparents or other relatives. In Illinois alone, more than 100,000 grandparents are caring for their grandchildren.
Grandparents raising grandchildren—What they should know By Annemarie E. Kill & Avery Camerlingo Kill Women and the Law, February 2005 In the U.S. there are more than six million children who live with grandparents or other relatives. In Illinois alone, more than 100,000 grandparents are caring for their grandchildren.
Gripers 1, Initial Interest Confusion 0—Lamparello v. Falwell By Eric Goldman Intellectual Property, October 2005 Following on the Ninth Circuit Bosley (No. 04-55962, 9th Cir. Apr. 4, 2005) opinion from earlier this year, gripe sites won another important victory in the Fourth Circuit.
Groundwater and the CWA By Lisa A. Kirschner Environmental and Natural Resources Law, October 2005 The scope of the federal Clean Water Act (CWA) has been the subject of substantial discussion and judicial review subsequent to the Supreme Court’s 2001 decision addressing isolated waters in Solid Waste Agency of Northern Cook County (SWANCC), 531 U.S. 159 (2001).
Growing area of concern: When is “not a conviction under this Act” a conviction? By Jack Carey General Practice, Solo, and Small Firm, February 2005 There are occasions when the general practitioner unwittingly finds a remedy for a client that would not have been suggested had the consequences been known.
Has the Supreme Court changed trial practice? The effect of Arthur v. Catour Bench and Bar, November 2005 In July, the Illinois Supreme Court decided Arthur v. Catour, 216 Ill.2d 72, 933 N.E.2d 847 (2005).
Help stop UPL: Read the Spreck case Young Lawyers Division, June 2005 Many members have contacted the ISBA legal department to discuss unauthorized practice of law issues.
Help stop UPL: Read the Spreck case Criminal Justice, May 2005 Many members have contacted the ISBA legal department to discuss unauthorized practice of law issues.
Herbicide drift can be a pest(icide) By John W. Damisch Agricultural Law, January 2005 Not every summer breeze from the south brings warm fuzzy feelings among farm neighbors. Barry Kleiss and Bill Bozdech were nearby farm neighbors.
Here’s why you should know about the Statutory Declaration for Mental Health Treatment By Charles LeFebvre Elder Law, June 2005 A durable health care power of attorney can be a useful instrument for assisting clients as part of an estate plan or, in the case of aging clients, to address specific concerns that the client may have medical needs and be incapable of using appropriate judgment when these needs arise due to mental deterioration.
A Home Rule Unit may not legislate on the issue of disconnection By John H. Brechin Local Government Law, February 2005 The Village of Elk Grove enacted an ordinance that imposed a fee on any property owner who sought to disconnect property from the Village.
Hopping the HIPAA hurdle: Proving trademark use in the healthcare industry By Elliott C. Bankendorf & Sherry L. Rollo Intellectual Property, December 2005 How will an attorney, representing an entity covered by HIPAA, prove use of its trademark without violating the privacy standards in HIPAA? Trademark professionals must now address how HIPAA regulations have affected trademark litigation, methods for overcoming the effect of HIPAA, methods of redaction needed to comply with HIPAA, and methods to avoid the obstacles of HIPAA.
Hot probate, estate and trust topics in a nutshell By Patrick E. Ward General Practice, Solo, and Small Firm, December 2005 How the Family Limited Partnership is supposed to work to the advantage of estate planners: Dad puts his business assets into a limited partnership.
Hot topics in education law By Paul E. Freehling Administrative Law, February 2005 On Friday, February 25, 2005, at the ISBA’s Chicago Office from 9 AM to 4 PM, the ISBA Education Law Section will present a seminar on the subject of education law.
How do you measure success? By Terry Rosenthal Law Office Management and Economics, Standing Committee on, December 2005 All law firms have their own way to measure productivity, profitability and performance.