Articles From 2005

Impact of bankruptcy reform legislation on qualified retirement savings plan exclusions/exemptions By Mark A. Bogdanowicz Employee Benefits, June 2005 This is an overview of the state of the law as to exemptions covering employee benefits under the Bankruptcy Code of 1978 and how these provisions will be affected under the recent bankruptcy reform legislation, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCA").1
The importance of being (Earnest)(Ernest) (Honest) By Matt Maloney General Practice, Solo, and Small Firm, January 2005 I have, occasionally, commented about the importance of communicating with clients. I don't mean just talking to them, but trying to insure that they get the message.
The importance of mentoring By Justin Heather Young Lawyers Division, August 2005 Mentoring is essential to both the good practice of law and the future of the legal profession.
The Importance of Mentoring By Dixie Lee Peterson Child Law, July 2005 As incoming Chair of the Section Council I would like to share with you one of our goals for this year. I am looking forward to working with all of you over the coming months.
Improving the economics of your law practice: Quick tips for daily use By Carl R. Draper Law Office Management and Economics, Standing Committee on, March 2005 The General Practice Section presented its annual update at the ISBA Midyear meeting in Chicago.
In brief: Case reviews By Katarinna McBride & David A. Berek Trusts and Estates, August 2005 In the Estate of Jelke, the Tax Court acknowledged that its position to reduce built-in capital gains was a controversial.
In re Application of the County Treasurer et al David Wright v. Glen Investments By Steven Kandelman State and Local Taxation, January 2005 Petitioner, David Wright, was the owner of the home in which he resided. Petitioner's procrastination in paying his taxes caused his house to be sold three times at a tax sale and each time he redeemed it before the deadline.
In re D.D. By Julie Heuberger Yura Child Law, April 2005 In In re D.D., 212 Ill.2d 410, the Illinois Supreme Court upheld the Appellate Court of Illinois' reversal of a Juvenile Court order requiring Oak Park and River Forest High School District 200 to pay the educational component of a student's juvenile court-ordered residential placement resulting from his probation violation.
In support for will depository legislation for Illinois By Paul A. Meints & Ray J. Koenig, III Trusts and Estates, October 2005 1. The concept of a will depository [being one and the same as a “will repository”] has been a goal of the Trusts and Estate’s Committee of the Illinois State Bar Association dating back to approximately 1988 when it was first proposed by Mr. Joseph LaRocco, an older sole practitioner in Chicago, now deceased, who was then a member of the Committee.
In-sites By Kathryn A. Kelly & Dion Davi Government Lawyers, September 2005 All too often we take our writing for granted. We’re lawyers, we rationalize, we know how to write!
In-sites By Rosalyn B. Kaplan Government Lawyers, February 2005 In the November 2003 edition of this newsletter, I introduced you to the ARDC's Web site and told you that portions of the site were still under construction.
Inconsistent assertions regarding disabilities made in ADA complaints and in applications for disability benefits By Paul E. Freehling Labor and Employment Law, October 2005 As a consequence of the U.S. Supreme Court’s decision in Cleveland v. Policy Management Sys. Corp., 526 U.S. 795 (1999), discussed below, an Americans with Disabilities Act (ADA) lawsuit plaintiff who also has filed one or more applications for disability benefits clearly is required to explain the apparent inconsistency between (a) statements on the application(s) that the applicant is unable to work, and (b) allegations in the ADA complaint that the plaintiff is able to perform the job’s essential functions.
Information about PERM applications By Scott D. Pollock International and Immigration Law, June 2005 A new process for Applications for Labor Certification went into effect on March 28, 2005.
Informed consent in the elder law practice By Susan Dawson-Tibbits Elder Law, January 2005 In June, 2004, the General Assembly of the Illinois State Bar Association approved a revision of the Illinois Code of Professional Responsibility, the rules of ethical conduct governing the conduct and behavior of Illinois lawyers.
Inside Administrative Law, December 2005 In this issue, Administrative Law Section member Andy Creighton provides us with two interesting articles.
Inside Administrative Law, November 2005 In this issue we are pleased to publish the first article by one of our new student editors. Avni Patel attends Northern Illinois University College of Law where she is in her third year.
Inside Administrative Law, October 2005 Following an announcement by Section Council Chair Vickie Gillio concerning an upcoming seminar dealing with mediation, Section Council member Patti Gregory-Chang describes a recent exhaustion of administrative remedies case where the failure to seek a rehearing proved fatal to an appeal.
Inside Administrative Law, September 2005 This issue of the newsletter begins with a preview by Andy Creighton of an important case pending before the Illinois Supreme Court.
Inside Administrative Law, August 2005 An introduction to the issue.
Inside Administrative Law, June 2005 Section Council Chair begins this issue with a biography of Ann Breen-Greco. Ann is a respected Administrative Law Judge as well as a tireless volunteer and writer
Inside Administrative Law, April 2005 As usual, this issue of the Newsletter begins with the Chair’s Corner. In her article this time, Terry Shafer Hoffman profiles Jewel Klein, a long-time member of the Section Council and contributor of many articles to the Newsletter.
Inside Administrative Law, March 2005 Following Terry Hoffman’s “Chair’s Corner,” this issue con- tains a somewhat satirical, but very astute, article by Section Council member Jewel Klein concerning one possible explanation for judicial cita- tions of older—sometimes ancient— court opinions. 
Inside Administrative Law, February 2005 Following Section Council Chair Terry Hoffman’s column continuing her biographical series concerning Section Council members, you will find a short article about an upcoming seminar that is of potential interest to many lawyers and others who practice in the administrative law arena.
Inside Administrative Law, January 2005 This issue’s four articles are on diverse subjects. The first, by Section Council Chair Terry Shafer Hoffman, introduces our readers to Marc Loro, a Section Council member and an employee of the Illinois Secretary of State’s office.
“Inspiring Women”-The Women Everywhere: Partners in Service Project marks six years of service to women and children in need By Michele M. Jochner & Yolaine Dauphin Racial and Ethnic Minorities and the Law, May 2005 On two days in May, the Women Everywhere: Partners in Service Project, a collaborative effort of nine area bar associations, will celebrate its sixth anniversary of joining several hundred volunteers-including judges, attorneys and friends of the legal community-together to provide services to women and children in need throughout Illinois.
Inspiring Women-Women Everywhere: Partners in Service gears up for 2005! Racial and Ethnic Minorities and the Law, February 2005 WE is a volunteer collective aimed at soliciting and coordinating volunteer activities on behalf of women and children in need.
Insurance companies beware: Documents normally privileged may be discoverable By D.J. Evans Civil Practice and Procedure, November 2005 The Fourth District Appellate Court’s decision in Western States Insurance Co. v. O’Hara places greater responsibility on insurance companies to deal fully and fairly with their insureds and third parties in response to discovery requests.
Intercreditor agreements in mezzanine financing: Advice for mezzanine lender’s counsel By David Neboyskey Commercial Banking, Collections, and Bankruptcy, March 2005 This article discusses mezzanine financing generally and offers advice to mezzanine lenders' counsel for the negotiation and drafting of intercreditor agreements.
The international criminalization of hate speech: The jurisprudence of the International Criminal Tribunal for Rwanda on the crime of incitement to genocide By Christopher Scott Maravilla International and Immigration Law, July 2005 The International Military Tribunal at Nuremberg described propaganda advocating the extermination of religious and ethnic minorities, also known as hate speech, in that case concerning the genocide perpetrated upon European Jewry by the Nazis and their followers, as a form of poison injected into the mind causing the recipient to follow those policies to their grotesque conclusion.
International estate planning: A multinational couple with multinational interests By Rebecca E. Begelman Strub International and Immigration Law, September 2005 International Estate Planning is the specialized planning and advice that an attorney provides a client who has connection(s) with or interest(s) in a country other than the U.S.