Section Newsletters

Articles From 2005

What I tell my clients about Powers of Attorney By David R. Abell Elder Law, November 2005 Enclosed are drafts of powers of attorney for property and health care and an authorization for use and release of medical information which we have prepared at your request.
What I tell my clients about Powers of Attorney By David R. Abell Trusts and Estates, June 2005 Enclosed are drafts of powers of attorney for property and health care and an authorization for use and release of medical information which we have prepared at your request.
What is a Certified Legal Nurse Consultant or CLNC®? By Maralee K. Gray Elder Law, May 2005 A Certified Legal Nurse Consultant or CLNC® is a valuable asset to any attorney or law firm. Many legal professionals do not completely understand what a CLNC® is or how they are different from a paralegal or a legal secretary.
What is adverse to one may not be adverse to all in retaliation cases By Kathryn Woodward Labor and Employment Law, October 2005 In Washington v. Illinois Department of Revenue, 2005 WL 2000986 (7th Cir. 2005, August 22, 2005), the Seventh Circuit reversed a grant of summary judgment in favor of the employer, finding that switching an employee’s hours, but not position or rate of pay, may constitute an adverse action.
What is the Circuit Breaker Program? By Lee Beneze Elder Law, June 2005 Circuit Breaker is a program to assist seniors, administered by the Illinois Department on Aging. Until recently, the program was administered by the Illinois Department of Revenue.
What substances are included within the term ‘mineral’? By John C. Robison, Jr. Mineral Law, March 2005 A discussion of the decisions of Illinois and federal reviewing courts that construe the meaning of the term "minerals" in conveyances or reservations.
What you don’t know can hurt you By Patrice Ball-Reed Women and the Law, February 2005 The old adage "What you don't know can't hurt you" doesn't apply to your knowledge of Administrative Rules.
What you should know about the Service Members Civil Relief Act By William W. Austin Real Estate Law, October 2005 This article is intended to provide a general background and offer a synopsis of selected provisions of the Act that the author believes may be of interest to the real estate practitioner in particular.
What’s in your briefcase? By Nerino J. Petro, Jr. Legal Technology, Standing Committee on, April 2005 For the solo practitioner, technology too often is regarded as something nice to have, but not essential-especially considering the cost to obtain and implement it.
When a performance evaluation is the product of discrimination, has there been an “adverse employment action”? By Paul E. Freehling Labor and Employment Law, July 2005 For over a decade, the federal judiciary has been grappling with the following question: Under what circumstances, if any, does a less-than-stellar performance evaluation given as a result of unlawful discrimination constitute "adverse employment action" as contemplated by the anti-discrimination statutes and the Due Process Clause of the 5th and 14th Amendments?
When does a disability justify a pension? The aftermath of the Turcol decision By Carlos S. Arévalo Local Government Law, September 2005 On October 6, 2004, the Supreme Court granted appeal of a First District decision in the matter of Turcol v. Pension Board of Trustees of the Matteson Police Pension Fund.
When in doubt, read the rules By Joan Piotrowski Bench and Bar, September 2005 The danger of relying on "curbstone" opinions has been shown by Liebovich Steel and Aluminum Company v. Advance Iron Works, Inc., 03-AR-446 (2nd Dist. 2004).
When is a sale-leaseback an equitable mortgage? By Gregory A. Thorpe & John C. Murray Real Estate Law, March 2005 When two sets of sophisticated real estate investors represented by experienced counsel say something is a duck-and it quacks and swims with its webbed feet-is it a duck?
When is a settlement agreement enforceable even without authorizing legislation? In re M.M.D. and its progeny By Adrienne W. Albrecht Family Law, July 2005 Although the parties and the Appellate Court viewed the issues in <i>In re M.M.D.</i>, the Supreme Court opted to decide the case on the basis of the enforceability of a consent decree.
When stepping up to pay your taxes pays off (amnesty & voluntary disclosure programs) By Julie-April Montgomery State and Local Taxation, September 2005 You've just found out that you never paid sales taxes as required by law for the last 10 years. Or you've underpaid your Chicago Transaction Tax for the past year because of a software error.
When the client’s testimony goes beyond what the asylum application described: adverse credibility, or consistent support? By Shannon M. Shepherd International and Immigration Law, November 2005 The Seventh Circuit has added to its string of recent cases addressing the careful standards the Court expects all applicants, counselors, and Immigration Judges (IJ’s) to conform to when faced with a claim for asylum.
When the testimony is five to one… By Jewel N. Klein Administrative Law, January 2005 A discussion of Coyne v. Milan Police Pension Board.
When’s a contract a contract? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, September 2005 The U.S. Court of Appeals in Chicago has reversed a $5 million breach of contract judgment which an Illinois motor carrier obtained against a truck manufacturer in PFT Roberson, Inc. v. Volvo Trucks North America, Inc., Case No. 04-3100, decided August 25, 2005.
Who benefits from adjustments to medical bills paid by a third-party group insurance carrier? The employer or injured worker? By Richard D. Hannigan Workers’ Compensation Law, August 2005 In Joyce Arthur, Appellee, v. Laurie Catour Appellants et.al. Docket Nos. 07920, 97946 cons.-Agenda-November 2004; the following question was certified to the Supreme Court moving through the system pursuant to Supreme Court Rule 308
Who determines an arbitration agreement’s conscionability? By Samia Zayed Alternative Dispute Resolution, December 2005 The question of whether or not arbitrators should decide when arbitration agreements are unconscionable is being tackled by an eleven judge en banc panel of the 9th Circuit in California.
Why we took Chief Illiniwek to court By Kenneth Dobbs Human and Civil Rights, August 2005 The Native American Bar Association filed case 05 CH 04735 in the Circuit Court of Cook County, Illinois, on June 30, 2005 alleging that the University of Illinois, by its Board of Trustees, et al., violated the Illinois Civil Rights Act of 2003 (740 ILCS 23/1 sec. 5) by discriminating against Native Americans.
Willful and wanton failure to prevent a crime of domestic violence: Partial or absolute immunity? By Joy A. Roberts Local Government Law, May 2005 On permissive interlocutory appeal, the First District held Section 305 of the Illinois Domestic Violence Act of 1986 supercedes Sections 4-102 and 4-107 of the Tort Immunity Act, and authorizes civil cause of action against law enforcement authorities for willful and wanton misconduct associated with a failure to prevent a crime against a victim of domestic violence.
Willis v. Kiferbaum Construction: A Kotecki waiver by a subcontractor does not climb the chain to benefit a contractor higher up unless expressly provided for by contract By Richard L. Turner Civil Practice and Procedure, December 2005 It is now clear under the recent decision in Willis v. Kiferbaum Construction Corp., that such a Kotecki waiver only occurs where it is expressly contracted for between the employer/subcontractor and the party further up the contractual chain seeking to assert that waiver.
Wireless networking: Part 2 By Nerino J. Petro Legal Technology, Standing Committee on, March 2005 In the first part of this of this Article (January 2004, VOL. 11, NO.2), I discussed the considerations for wireless networking, including essential equipment and extras.
Women’s History Month 2005 By E. Lynn Grayson Women and the Law, May 2005 March 2005 marked the 18th year celebrating Women's History Month. This special celebration has its origins in the "Women's History Week" organized in 1978 by the Education Task Force of the Sonoma County Commission on the Status of Women in California.
Work authorization updates By Michael R. Lied Labor and Employment Law, February 2005 All employers must ensure proper completion of the Employment Eligibility Verification form (Form I-9) for each newly hired employee, including U.S. citizens and aliens.
The World Intellectual Property Organization publishes its analysis of domain name dispute trends By Pradip K. Sahu International and Immigration Law, July 2005 On March 23, 2005, the Arbitration and Mediation Center of the World Intellectual Property Organization ("WIPO") released an informative publication regarding the Uniform Domain Name Dispute Resolution Policy ("UDRP").
The World Trade Organization and regionalization efforts in Africa and the Caribbean By Andrea Ewart International and Immigration Law, June 2005 The World Trade Organization (WTO) estimates that it has been notified of the existence of approximately 240 Regional Trade Agreements (RTAs), 170 of which are in force.
Writing as a lawyer By Justin Heather Young Lawyers Division, October 2005 Law school is often touted as “teaching you to think like a lawyer.” But it does not necessarily teach you to write like a lawyer.
The wrong model By Andrew H. Connor Corporate Law Departments, February 2005 Item: According to the Spring 2004 edition of The University of Chicago Law School's Campaign Record, "When the tuition of the Law School was $375 per year, new government lawyers were paid $100 per month, or more than three times the tuition rate.