Articles From 2005

Message from the Chair: Global Illinois By Mark E. Wojcik International and Immigration Law, June 2005 We who live here in Illinois may sometimes forget that our state has important connections to international law, international politics, and the international institutions that facilitate trade and business in the global economy.
Message from the Chair: International business presentation & Seventh Circuit Judge Diane Wood to speak on November 11th By Juliet Boyd International and Immigration Law, November 2005 On November 11, 2005 the International and Immigration Law Section Council will host two dynamic programs, certain to bring together our members for a day of learning and discussion.
Message from the chair: Let the debate begin By Mike Drone Alternative Dispute Resolution, February 2005 Several changes in the estate and gift tax law go into effect in 2005.
Message from the Chair: Let the debate continue By Robert E. Wells Alternative Dispute Resolution, May 2005 This Section Council looks forward to a healthy dialogue regarding the "best" style of mediation. Hopefully, the "debate" of this topic will expand our understanding of the dynamics of mediation and enhance our abilities and capabilities.
Message from the Chair: The importance of international law By Mark E. Wojcik International and Immigration Law, March 2005 Classes have begun at The John Marshall Law School, where this semester I am teaching a course in Public International Law and another course in International Criminal Law.
The MMPI-Medical examination or not? By Lorna K. Geiler Labor and Employment Law, July 2005 In a recent case, Karraker v. Rent-A-Center, 2005 W.L. 1389443 (7th Cir. 2005), the use of the Minnesota Multi-Phasic Personality Inventory (MMPI) was addressed by the 7th Circuit Court of Appeals.
The most important person in the courtroom By Steven C. Perlis Elder Law, November 2005 Mrs. E reminded everyone that she was the most important person in the courtroom. Indeed one might ask why it sometimes seems to take somebody as feisty as Mrs. E to remind us of that? 
Moving as the non-movant By Anthony Longo Tort Law, June 2005 Time is the great enemy of all people, and lawyers are no exception. Often in litigation, a primary goal of your client is to move things along quickly, rather than at a pace dictated by other parties.
The National Women’s Health Information Center By E. Lynn Grayson Women and the Law, May 2005 The National Women's Health Information Center offers women's health resources and materials for consumers and medical professionals.
New amendments to the Open Meetings Act require Web site posting By Galen T. Caldwell Government Lawyers, September 2005 Public Act 94-028, effective January 1, 2006, amends the Open Meetings Act (5 ILCS 120/1 et seq.) to require that: (1) notices; (2) agendas; and (3) minutes of regular meetings of a public body be posted on the public body’s Web site.
New carpeting trips up the defense By James M. Byrnes Workers’ Compensation Law, June 2005 In Tinley Park Hotel & Convention Center d/b/a Holiday Inn v. Industrial Commission, 826 N.E.2d 1043; 292 Ill.Dec. 607 (2005), the Appellate Court, First District, affirmed the Commission's finding the claimant proved her injuries arose out of her employment.
The new currency control regulations in Russia By Yevgeniy Tregubenko & Maxim Savostianov International and Immigration Law, November 2005 The new Law on Currency Control (hereinafter - “the Law”) was adopted by the State Duma (the lower house of the Parliament) on 21 November 2003.
New Grain Insurance Fund provisions may affect your clients By Jeffrey A. Mollet Agricultural Law, July 2005 Effective July 1, 2005, certain new provisions of the Illinois Grain Code went into effect which require assessment payments by various parties in or associated with the grain industry here in Illinois.
New Illinois laws affecting human rights: A selected survey of recent legislation approved in Illinois By Mark E. Wojcik Human and Civil Rights, September 2005 One of the more important functions of each section council involves the review of legislative proposals submitted to the state (and sometimes federal) legislature. Section council members review and comment on proposed legislation, drawing upon the council's collective wisdom and experience in the field of human rights.
New Illinois workplace legislation By Michael D. Gifford Labor and Employment Law, October 2005 The Illinois General Assembly has imposed several new mandates on employers during this past legislative session.
New law encourages electronic recording of custodial interrogations of juveniles By John Gleason Child Law, July 2005 Beginning July 18, 2005, police and prosecutors will need to make an electronic recording of their custodial interrogation of a juvenile, if they want to ensure that evidence of the juvenile's statements will be admissible to establish guilt at a trial or delinquency hearing.
New proposed regulations clarify military leave law By Mike Fischer Corporate Law Departments, January 2005 In the three-plus years since 9/11, more than 420,000 U.S. soldiers have been mobilized-with more than one half of them having already gone through demobilization and returning home.
New reality, New responsibility: Technology & demonstrative evidence in the courtroom By Albert E. Durkin Tort Law, December 2005 Because technology is now everywhere—we as lawyers have the responsibility to make sure that “everywhere” includes courtrooms.
The new Servicemembers Civil Relief Act By Mark E. Sullivan Family Law, July 2005 With the conflict in Iraq continuing to place heavy demands on the nations armed forces, more and more National Guard and Reserve servicemembers (SMs) are being called to duty.
New state law to allow municipalities to ban smoking in public places may not be as far reaching as believed By Anthony J. DelGiorno Local Government Law, September 2005 On August 10, 2005, Governor Rod Blagojevich signed into law House Bill 672 (Public Act 94-517), which was designed to amend the Illinois Clean Indoor Air Act to permit all municipalities, whether home rule units or not, to ban indoor smoking in public places
The new statutory Residential Tenants’ Right to Repair Act By Jack H. Tibbetts Real Estate Law, June 2005 The ISBA Real Estate Law Section Council this year worked with legislative leaders and their staff to draft a new statute to create a limited right for residential tenants to deduct from rent the cost of repairs required by the lease or law.
New Supreme Court Rule 790 et al. establishing minimum continuing legal education requirements By Timothy E. Moran Human and Civil Rights, December 2005 On September 29, 2005 the Illinois Supreme Court announced the adoption of new Supreme Court rules 790-798, which mandate minimum continuing legal education for attorneys licensed to practice in Illinois.
New Supreme Court Rule 790 et al. establishing minimum continuing legal education requirements By Timothy E. Moran State and Local Taxation, October 2005 On September 29, 2005 the Illinois Supreme Court announced the adoption of new Supreme Court rules 790-798, which mandate minimum continuing legal education for attorneys licensed to practice in Illinois.
News you can use By Marc Christopher Loro Government Lawyers, February 2005 A Sangamon County judge has entered an order that enjoins the Illinois Department of Children and Family Services (DCFS) from using lay persons to represent it at its administrative hearings.
No repetitive requirement for repetitive trauma accident By Melissa L. McEndree Workers’ Compensation Law, June 2005 The Second District Appellate Court addressed the definition of repetitive trauma, specifically whether the activity must be perform on a regular or consistent basis.
No standing to challenge daughter’s required Pledge of Allegiance By Patrick E. Ward General Practice, Solo, and Small Firm, May 2005 We were awaiting the ruling on whether the phrase "under God" as part of a required recitation of the Pledge of Allegiance violated the Establishment and Free Exercise Clauses of the First Amendment to the United States Constitution as it applied to the States by incorporation into the Fourteenth Amendment.
Nonprofit, for-profit, and government hospitals: Uncompensated care and other community benefits Health Care Law, June 2005 Before 1969, IRS required hospitals to provide charity care to qualify for tax-exempt status. Since then, however, IRS has not specifically required such care, as long as the hospital provides benefits to the community in other ways. Seeking a better understanding of the benefits provided by nonprofit hospitals, Congress requested that GAO examine whether nonprofit hospitals provide levels of uncompensated care and other community benefits that are different from other hospitals.
Not a happy Halloween for the City of Peoria By Thomas A. Bruno Bench and Bar, December 2005 R & A Productions Inc. v. City of Peoria, Illinois, Case No. 03-1057 filed October 31, 2005 On Halloween this year Judge John A. Gorman, United States Magistrate Judge for the Central District of Illinois, sitting in Peoria, ruled in favor of Mulligan’s, a Peoria bar, on a summary judgment motion regarding whether Mulligan’s could hold “wet T-shirt” competitions despite Ordinance 3-14, which prohibited such entertainment in non-licensed venues.
Not my job: The duty of third parties to assert exemptions on behalf of judgment debtors By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, July 2005 Attorneys for banks and other creditors often find themselves asked by their clients whether they, as third-party respondents to a collection proceeding, have a duty to assert exemptions on behalf of their customers.
A note from the co-editor By Mary Ann Connelly State and Local Taxation, August 2005 Best wishes to ISBA Managing Editor Katie Underwood and Shawn Johnson on their wedding this month. We wish you a future filled with happiness.