Editor’s noteReal Estate Law, June 2005One of the unintended benefits of editing this publication (and, indeed, most publications with any pretense toward erudition) is expanding my vocabulary.
Editor’s noteCriminal Justice, April 2005This edition of the Criminal Justice Newsletter includes Steve Baker's legislative update
Editor’s noteReal Estate Law, March 2005Jack Murray, one of the most prolific real estate authors in Illinois and perhaps the nation and a frequent contributor to this publication, has teamed with Greg Thorpe in presenting an article that clarifies the subtle distinction between an equitable mortgage and a sale-leaseback.
Editor’s noteBy John L. NisivacoTort Law, March 2005An introduction to the issue from Editor John Nisivaco.
Editor’s noteReal Estate Law, February 2005This issue features the annual report of IRELA, the Illinois Real Estate Lawyers Association, and two timely articles, one on the recent amendments to the Illinois Real Estate Transfer Tax Law and amendments to the Department of Revenue's rules, and the other on many of the unresolved issues with tenancies by the entirety.
Editor’s noteEducation Law, January 2005This issue of the newsletter is devoted to the subject of education labor law. Many of our section council and section members practice in this area.
Editor’s noteBy John L. NisivacoTort Law, January 2005The first article in this edition, written by Scott Lane of Lane & Lane, tracks the evolution of "aggravation of a pre-existing condition" over the last 10 years, culminating in the withdrawal of IPI 30.03 in late 2004.
Editors’ notesDecember 2005On Monday, October 31, the Supreme Court heard argument in Volvo Trucks North America v. Reeder-Simco GMC, Inc. Section member Mildred L. Calhoun discusses the “quagmire that the Eighth Circuit’s opinion creates for counselors” and suggests there is reason to hope that the Supreme Court may help to resolve the dilemma created by the Eighth Circuit’s decision, even if it is unlikely to address the broader public policy issues created by the Robinson-Patman Act.
Editor’s notesBusiness Advice and Financial Planning, June 2005Articles would be appropriate but we are realistic and realize that we will probably not receive any articles from our readers.
Editor’s notesBusiness Advice and Financial Planning, April 2005This month we are soliciting and seeking something very special.
Editor’s notesApril 2005This issue leads off with a look at developments in the area of merger enforcement actions in light of two recent federal court decisions: Federal Trade Commission v. Arch Coal, Inc. and United States v. Oracle Corp.
Editor’s notesBy Richard D. HanniganWorkers’ Compensation Law, March 2005If you blinked you may have missed the flurry of activity at the Commission.
Editor’s notesBy William T. KaplanBusiness Advice and Financial Planning, February 2005We continue to encourage a "Prod and Nod" column in this newsletter where you may vent or praise any State of Illinois agency with which you recently interacted.
The effect of HIPAA on discovery in divorce casesBy Belle Lind GordonFamily Law, July 2005The federal Health Insurance Portability and Accountability Act (“HIPAA”) was enacted in 1996. The purpose of the Act was, in part, to protect individuals against the improper disclosure of their health care information by physicians, hospitals, ambulance services, fire department protection districts, and others.
The effect of HIPAA on Powers of AttorneysBy Amy Jorgensen KainElder Law, January 2005In recent years the Health Insurance Portability and Accountability Act of 1996 (HIPAA) has crept into our lives in places that were not immediately identifiable upon the law going into effect.
Effective jury waiver in criminal proceedingsBy Anthony ZecchinYoung Lawyers Division, June 2005The scope of this article is limited to jury waiver in criminal matters, i.e., misdemeanors and felonies, although "offense" is broadly defined as "a violation of any penal statute of this state." 725 ILCS 5/102-15.
Effective jury waiver in criminal proceedingsBy Anthony ZecchinYoung Lawyers Division, April 2005The scope of this article is limited to jury waiver in criminal matters, i.e., misdemeanors and felonies, although "offense" is broadly defined as "a violation of any penal statute of this state."
Elder notesElder Law, November 2005Small estate affidavit revision. Last year’s increase for small estate affidavits to $100,000 from $50,000 applies to all documents executed after August 6, 2004, regardless of when the decedent died, pursuant to Public Act 94-57.
Emergency rule-making—Haste makes wasteBy Carl R. DraperAdministrative Law, April 2005Rule-making is a big task for most state agencies. It is tedious enough under normal circum- stances, but pressures sometimes make the headaches even worse.
Eminent domain in Illinois after Kelo v. New LondonBy Brian MartinLocal Government Law, September 2005Both the United States and Illinois Constitutions provide that private property may only be taken by the government if the taking is for a "public use" and the owner is paid just compensation.
Eminent domain-BillboardsBy John H. BrechinLocal Government Law, February 2005Lamar Advantage v. Addison Park District involved the issue of whether the required removal of a billboard triggers the right to just compensation for the owner of the billboard.
Employee benefits updateBy Thomas Vasiljevich & Elizabeth A. WardFederal Taxation, March 2005On October 22, 2004, President Bush signed into law the American Jobs Creation Act of 2004 ("AJCA") which added Section 409A to the Internal Revenue Code of 1986, as amended, (the "Code").