Articles From 2005

Supreme Court to review administrative procedure case By Andrew Creighton Administrative Law, September 2005 The Illinois Supreme Court has granted a petition for leave to appeal in a recent administrative law case, Rodriguez v. Sheriff’s Merit Commission of Kane County, 355 Ill. App.3d 676, 823 N.E.2d 243 (2nd Dist. 2005).
Supreme Court upholds Agpro By Raymond T. Reott Environmental and Natural Resources Law, March 2005 In the last edition of the newsletter, we featured the decision in People v. Agpro, Inc. 34 5 Ill.App. 3d 1011(First Dist. 2004) and the later legislative change to the related enforcement provisions of the Illinois Environmental Protection Act. 41 Ill.CS 5/1.
Supreme Court’s deals fatal blow to the “normal daily activity exception” in Twice Over Clean: A Petitioner’s perspective By Michelle D. Porro Workers’ Compensation Law, June 2005 The Illinois Supreme Court has finally answered the question of whether the "normal daily activity" exception can be used to deny a claim where the work was a causative factor.
The Supreme Court’s most recent use of foreign and international law By Cindy G. Buys International and Immigration Law, June 2005 In recent years, the Rehnquist Court has been engaged in a heated debate regarding the proper role of international law in the interpretation of the U.S. Constitution.
Survival of remedies after dissolution of an LLC By Jennifer Rojas Commercial Banking, Collections, and Bankruptcy, February 2005 It is well known that the core concept of a Limited Liability Company ("LLC") is that it is a legal entity distinct and separate from its members.
Suspension of benefits for failure to attend Section 12 examination proper where employer disputes that Claimant is an “employee entitled to receive disability benefits” By Kenneth F. Werts Workers’ Compensation Law, August 2005 Is an employer within its rights in refusing to pay temporary total disability benefits where the employee refuses to attend a Section 12 examination, and where the employer denies liability and declines to make temporary total disability benefit payments to the employee at the time it requests the exam?
Suspension of driving privileges for the elderly: Can a doctor do it? By John W. Foltz Elder Law, June 2005 Who has a duty to make this type of report to the Secretary of State?
The Swiss Inn Syndrome for lawyers By Donald E. Weihl Law Office Management and Economics, Standing Committee on, June 2005 With the advent of computers and spreadsheet programs, the "Swiss Inn Syndrome" receives little or no attention in economics and accounting classes.
“Taking individual homes and private property for public use”—What impact will the Kelo ruling have in Illinois? General Practice, Solo, and Small Firm, November 2005 In its landmark decision of June 23, 2005, the Supreme Court in Kelo v. City of New London, 125 S. Ct. 2655, 162 L.Ed.2d 439, 73 USL W 4552, established the extent of a city’s authority to seize private property for commercial development.
Tame unruly e-mail with rules By Peter Mierzwa Legal Technology, Standing Committee on, April 2005 An overview of some solutions that users of Microsoft Outlook have available to them. Learn to filter junk e-mail and set up Rules to control how you want to deal with the onslaught of e-mail you receive each day.
Tax & Indebtedness Amnesty Fact Sheet: October 24, 2005-December 16, 2005 State and Local Taxation, October 2005 The following Amnesty programs will be offered:
Tax-exempt financing and agriculture By Scott D. Wegner Agricultural Law, April 2005 EDITORS NOTE - Charles Farrar Browne once said “Let us all be happy and live within our means, even if we have to borrow the money to do it with.”
Tax-free Health Savings Accounts now available Young Lawyers Division, June 2005 Illinois State Bar Association members can now take advantage of tax-free Health Savings Accounts offered through Marsh Affinity Group Services.
Teaching about genocide-A new Illinois law mandates that schools teach about the seven human rights catastrophes in addition to the Holocaust By Elizabeth Al-Dajani Human and Civil Rights, September 2005 The law amends Section 5 of the School Code by requiring that public elementary and high schools teach about additional genocides and human rights catastrophes in addition to the Holocaust.
Teaching about genocide-A new Illinois law mandates that schools teach about the seven human rights catastrophes in addition to the Holocaust By Elizabeth Al-Dajani International and Immigration Law, September 2005 The 94th session of the Illinois General Assembly recently passed H.B. 312, which Governor Blagojevich signed into law on August 5, 2005.
Teenagers reportedly executed for homosexual conduct in Iran By Elizabeth Al-Dajani Human and Civil Rights, August 2005 Two teenaged boys were reportedly hanged on July 19, 2005 in Edalat (Justice) Square in the Iranian city of Mashhad, in northern Iran.
Ten tips on taking a deposition By James F. Holderman Federal Civil Practice, May 2005 Although depositions typically come to a judge's attention only when rulings are needed or the deposition transcript is presented at trial, here are some practical thoughts I have developed from my years of practicing law and presiding on the bench that I believe all lawyers should consider in taking depositions.
There should be a law that… Bench and Bar, November 2005 How many times have you thought or said this phrase in your duties as a judge or your work as a lawyer? Now is the time to make your suggestions.
Three post-surgical auto accidents failed to break causal connection chain By Arnold G. Rubin Workers’ Compensation Law, March 2005 In Vogel v. Illinois Workers' Compensation Commission, 2005 WL 42748, (Ill.App. 2nd Dist. 2005), the Illinois Appellate Court, in a decision issued by Justice Callum, addressed the issue of medical causal relationship in light of three automobile accidents subsequent to surgery.
Timing may not be everything, but it is important in retaliation cases By Kathryn Woodward Labor and Employment Law, October 2005 Plaintiffs often try to establish causation based on the fact that they suffered an adverse employment action shortly after they engaged in a protected activity.
Tips on keeping your network administrator happy By Trent L. Bush Legal Technology, Standing Committee on, March 2005 If you work in an office with more than one computer, chances are they are networked.
To admit or not to admit: The vexing issue of the admissibility of medical bills By Cameron B. Clark Workers’ Compensation Law, August 2005 In Land and Lakes Company v. Industrial Commission, 2005 WL 1252304(Ill.App. 2d Dist., 2005), the Illinois Appellate Court, in a decision delivered by Justice Callum, addressed a number of issues. The issues included 1) evidentiary ruling regarding the admission of medical bills into evidence; 2) medical causal connection; 3) prospective medical care; and 4) claimant's entitlement to temporary total disability benefits.
To sustain a conviction of a minor for aggravated criminal sexual abuse, State must prove conduct was motivated by sexual gratification By Brendan Max Criminal Justice, April 2005 Conduct between adults that is clearly for sexual arousal purposes may not be for such purposes when the parties involved are young minors.
Traditional ceremonies prove effective in tribal court By Gil Halsted Alternative Dispute Resolution, December 2005 Wisconsin Indian tribes are reaching centuries back into their history to find a new way of settling disputes.
A translation industry primer By Grace Leonard Intellectual Property, January 2005 In many respects, the world has become the global village Marshall McLuhan wrote about in 1967.
True to form, the Tax Court overrides formula price in family business buy-sell agreements By Michael Cyrs Trusts and Estates, March 2005 In the October 2004 newsletter, members of this Section Council highlighted two recent cases (Estate of Blount and Estate of Smith) wherein the Internal Revenue Service ("Service") successfully applied Internal Revenue Code Section 2703 principles to disregard the restrictions provided under a buy-sell agreement between shareholders and to disregard restrictive provisions of a family limited partnership, both resulting in significantly higher valuations of the underlying property for estate and gift tax purposes.
Twice Over Clean- A respondent’s perspective By James M. Byrnes Workers’ Compensation Law, June 2005 In 2003, the Supreme Court issued a decision in the case of Sisbro, Inc. v. Industrial Commission, 207 Ill.2d 193 (2003) (Sisbro II), in which it rejected the argument that the "normal daily activity" exception bars recovery when the claimant's physical condition has so deteriorated that the condition of ill-being could have been produced by normal daily activity, despite a causal connection between the work and the condition.
Ultimus Inter Pares? Small states in the European Union By Giovanni Coinu & Matti Wiberg International and Immigration Law, September 2005 There is no widely accepted normative definition of a small state.
Unaccompanied immigrant children: The problem By Alen Takhsh International and Immigration Law, November 2005 Cesare Pavese, the renowned Italian novelist and poet, once exclaimed that, “One stops being a child when one realizes that telling one’s trouble does not make it any better.”
Unaccompanied immigrant children: The solution By Alen Takhsh International and Immigration Law, December 2005 This is the second of two articles. The first appeared in the prior issue of The Globe (November 2005, Vol. 43, No. 3) and contained the background factual situation.