Articles From 2005

Unresolved issues concerning tenancy by the entirety By Richard F. Bales Commercial Banking, Collections, and Bankruptcy, April 2005 A look at potential landmines.
Unresolved issues concerning tenancy by the entirety By Richard F. Bales Real Estate Law, February 2005 Since 1990 married couples have had the option of owning their marital home as tenants by the entirety (735 ILCS 5/12-112; 750 ILCS 65/22; 765 ILCS 1005/1c).
Untangling interim attorney fee awards and disgorgement under the Parentage Act: Clarity at last? By Nanette A. McCarthy & Carol Jones Family Law, April 2005 Imagine a scenario in which Enrique learns that he is the father of an eight-year-old son, Henry. Enrique never knew of Delilah's (his former girlfriend's) pregnancy, or the birth of Henry, because the couple split up shortly after Henry was conceived and never had physical contact thereafter.
Upcoming health law program—“Defending Against Government Subpoenas and Investigations in the Health Care Arena” Health Care Law, December 2005 On Friday, January 20, 2006, from 12:00 noon to 1:30 pm, the Health Care Section is sponsoring a Law Ed program, “Defending Against Government Subpoenas and Investigations in the Health Care Arena.”
Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, July 2005 In this meeting's report, I picked up two cases that I missed from December 2004. Fortunately, not many cases have been reported since our February meeting, so the report is very short.
Update on Hines v. IDPA Elder Law, November 2005 Hines v. Illinois Department of Public Aid, 358 Ill.App.3d 225 (2005) was decided by the Third District Appellate Court on May 20, 2005.
Update on liens By Charles H. Delano Tort Law, January 2005 The settlement of personal injury cases often involves negotiation not just with the defendant, but with health insurers, the Department of Public Aid, ERISA plans, or other third-party payors who may make claims upon the settlement proceeds.
An update on “Miranda Warnings” for debt collection lawsuits By Patrick E. Ward & Darla A. Foulker Commercial Banking, Collections, and Bankruptcy, July 2005 "You have the right to dispute this debt. Anything you say can and will be used against you in a court of law . . . ." If this sounds like the debt police, you better take a look at Thomas v. Law Firm of Simpson & Cybak , et al.
An update on “Miranda warnings” for debt collection lawsuits By Patrick E. Ward & Darla A. Foulker General Practice, Solo, and Small Firm, May 2005 "You have the right to dispute this debt. Anything you say can and will be used against you in a court of law . . . ."
U.S. Magistrate Donald G. Wilkerson By Jack A. Strellis Federal Civil Practice, September 2005 This early spring, Donald G. Wilkerson, of Glen Carbon, Illinois, age 53, continued his career as a public servant now serving as the newest federal magistrate judge within the Southern District of Illinois, filling the position formerly held by Magistrate Gerald B. Cohn.
USCIS age-out regulations held invalid in the Ninth Circuit By Pradip K. Sahu International and Immigration Law, January 2005 The Akhtar v. Burzynski decision may help many of our clients who entered the United States under a "V" visa and may allay some fears for those nearing age 21.
Useful Internet sites for lawyers By Patrick E. Ward General Practice, Solo, and Small Firm, March 2005 Every day of our practice we come across questions of law and questions of fact. In addition to West, Lexis, etc., there are free sources to find the answers to the legal questions.
Using Outlook 2003 to organize your e-mail By Alan Pearlman Law Office Management and Economics, Standing Committee on, December 2005 Did you ever take the time in your practice day to think about just exactly how much time you spend looking for those very elusive BUT important e-mails?
Using supplemental environmental projects as settlement tools By Christine Picker Rothchild & Raymond T. Reott Environmental and Natural Resources Law, March 2005 The scenario: Company X receives a Notice of Violation, a complaint from a government agency or a citizen's group, or even an administrative order.
Using the Confrontation Clause to win DUI cases Traffic Laws and Courts, January 2005 The old days of proving up a breath alcohol test by way of introducing the logbook only, as a 'public record' exception to the hearsay rule, are likely over due to the recent U.S. Supreme Court case of Crawford v. Washington.
Using the General Assembly Web site without screaming at the computer By Adrienne W. Albrecht Family Law, September 2005 Several years ago, the Illinois General Assembly created a powerful Web site complete with database queries; but posted a set of instructions that was not only incomprehensible, it was wrong.
Veto session update Government Lawyers, December 2005 The Illinois General Assembly recently concluded its fall veto session schedule. The following is a brief summary of the legislative action that occurred during the veto session which may be of interest to the government bar.
Visiting Belarus attorneys learn more about U.S. women attorneys By Megan Jackson Women and the Law, February 2005 A group of attorneys from Belarus recently visited Jenner & Block to learn more about the success of women attorneys and their professional development opportunities in the United States.
Voice of a Co-Editor By Vickie Gillio Women and the Law, September 2005 Learn more about member Susan Brazas.
Voice of a Co-Editor By Vickie Gillio Racial and Ethnic Minorities and the Law, September 2005 This edition of The Challenge is the last edition where I will be serving as Co-Editor.
Voice of the Chair By Vickie Gillio Administrative Law, October 2005 I am pleased that, in my first “Voice of the Chair” publication, I can direct your attention to an event that the Administrative Law Section is co-sponsoring.
Voice of the co-editor By Vickie Gillio Racial and Ethnic Minorities and the Law, June 2005 The true richness in both talent and concern for women and minority and issues close to their hearts is demonstrated in this issue.
Voice of the co-editor By Vickie Gillio Racial and Ethnic Minorities and the Law, May 2005 This edition of "The Challenge" is a more personal focus on outreach by committee members to women and minority law students and the description of how one lawyer has formatted her practice to fit the contours of her life.
VoIP By David B. Yavitz Legal Technology, Standing Committee on, December 2005 VoIP replaces traditional land line phone service with a connection over the Internet.
Voluntary cleanups: A risky alternative to CERCLA litigation By Jorge Mihalopoulos Environmental and Natural Resources Law, March 2005 With the Superfund dwindling and state and federal governmental resources becoming increasingly limited, it now more than ever appears appropriate to avoid costly CERCLA litigation by encouraging potentially responsible parties (PRPs) to investigate and cleanup contaminated property voluntarily.
Wachovia Corporation will pay $5.5M for compensation discrimination By Michael R. Lied Labor and Employment Law, February 2005 The United States Department of Labor, Office of the Federal Contract Compliance Programs, undertook a corporate management review of the headquarters of First Union National Bank in Charlotte, North Carolina.
Waiver of jury trial By Hon. Michael Kiley Bench and Bar, March 2005 Ernest Bracey was indicted on a charge of aggravated battery. On March 20, 2002, Bracey appeared in court and was fully admonished regarding his right to a jury trial.
Walters reiterates that not all administrative action is reviewable By J.A. Sebastian Administrative Law, August 2005 Although the Illinois Constitution grants an appeal as a matter of right from all final judgments of the circuit court (Ill. Const. 1970, art. VI, @ 6), there is no constitutional right to appeal administrative decisions.
Want to be like Mike? Not lately By D.J. Evans Civil Practice and Procedure, September 2005 It has been said that your past always comes back. For Michael Jordan, nothing could be more devastatingly true.
What happens when aging lawyers don’t know when to quit? By Timothy G. Shelton Elder Law, June 2005 In a Mississippi courtroom in 1979, final arguments in a homicide prosecution at last got underway.