Articles From 2006 | Illinois State Bar Association

Chief update By Kenneth Dobbs Human and Civil Rights, June 2006 The Native American Bar Association et al., appealed the circuit court’s order dismissing their Complaint seeking Declaratory and Injunctive Relief against the University of Illinois’ Board of Trustees for their use of Native American imagery in the form of Chief Illiniwek as a sports mascot in violation of Illinois’ Civil Rights Act, 740 ILCS 23/5 (2003).

China placed on the Priority Watch List By Jeffrey V. Sok International and Immigration Law, May 2006 On January 13, 2005, Wu Yi, Vice Premier of the State Council (PRC), addressed the attendees of the China-US Intellectual Property Rights Roundtable.

China watch By John T. Baun International and Immigration Law, September 2006 Three recent articles in the English language edition of the Xinhua News Agency are notable to changes in the legal structure in China and could be important to lawyers whose clients have, or may have in the future, business dealings in China.

Choosing the child care option that is right for you By Annemarie E. Kill Women and the Law, March 2006 When my partners and I began our firm in 2000, we were three women who were just starting our families.

Chris Haaff—6+ years of greatness with the Law Student Committee By Robert Fink Young Lawyers Division, June 2006 After more than six years of hard work and extreme dedication, YLD member Chris Haaff is stepping down as Chair of the YLD Law Student Division Committee.

City of Chicago adjudication withstands challenge again By Patti Gregory-Chang Administrative Law, February 2006 Once again, the City of Chicago's scheme for adjudication of Municipal violations has been upheld after a challenge in Dombrowski v. City of Chicago.

“Clearly something wrong”: Seventh Circuit limits “Class of One” equal protection actions By Aušra Tauginas & Paul N. Keller Local Government Law, January 2006 In Lauth v. McCollum 424 F.3d 631 (7th Cir. Sep. 20, 2005), the federal court continues its “struggle to define the contours of class-of-one cases.

Clerk hands back complaint—Case barred by statute of limitations By Robert Handley Civil Practice and Procedure, November 2006 In Union County, the Circuit Clerk’s Office closes at 4:00 p.m. and not a minute later. Unfortunately, the plaintiff learned that the hard way. Roach v. Coastal Gas Station, 363 Ill. App. 3d 674, 843 N.E.2d 393 (5th Dist. 2005).

Co-Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, September 2006 Have you started to accumulate your hours of education for the mandatory Minimum Continuing Legal Education?

Co-editor’s notes By Richard D. Hannigan Workers’ Compensation Law, March 2006 Congratulations go out to our Chair, John Adams, Vice Chair, Deborah Benzing and Secretary, John Sheperd, as well as all of the lecturers who presented the ISBA with two educational seminars in February of this year.

Co-Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, January 2006 MCLE (minimum, not mandatory, continuing legal education) is here. The officers of the Workers’ Compensation Section, John Adams, Deborah Benzing, John Shepard, the co-editors and all of the counsel section members are working to deliver quality material to assist you in meeting your bi-yearly requirements.

Coalbed methane ownership determined: Continental Resources of Illinois, Inc., v. Illinois Methane, LLC et al. By James K. Weston, Sr. Mineral Law, May 2006 The Illinois Appellate Court has ruled that coalbed methane gas belongs to the coal estate in Illinois, affirming Judge George Timberlake’s decision from the Second Circuit.

Coexistence failures and damage control: An initial look at genetically engineered rice By A. Bryan Endres & Justin G. Gardner Agricultural Law, November 2006 Riceland Foods, the nation’s largest rice cooperative, alerted Bayer CropScience (Bayer) in June 2006 of its discovery of genetically engineered rice in the 2005 rice harvest. Shortly thereafter, Bayer confirmed this finding and reported the results to USDA.

Commission lacks jurisdiction to review Section 8(d)(1) award By Carol A. Cesaretti Workers’ Compensation Law, March 2006 In its recent decision in Cassens Transport Co. v. Industrial Commission, 2006 WL 360186 (Ill., 2006), the Illinois Supreme Court held that the Commission lacked jurisdiction to reopen or modify a 10-year-old wage differential award under the Workers’ Compensation Act.

Common mistakes by trademark owners in Mexico, and how to avoid them By Jaime Castillo Intellectual Property, March 2006 Ed Note. The world is reportedly shrinking, NAFTA may be furthering commerce in this hemisphere, exports are an important segment of the Illinois economy, and the Hispanic consumer market is growing. Jaime Castillo summarizes some common mistakes made by US trademark owners in Mexico, and even answers how to avoid them.

Comparing scotch and bourbon regulations By Chris Willis June 2006 As with most any consumer regulation, regulations as to whisky face a dual challenge. It is important that customers not be deceived by the label, and that the common understanding of the terms used on the label corresponds to what is in the package. A further, and sometimes competing, goal, is customer satisfaction: ensuring that, within the regulations, room is made so that products are available which meet customers tastes.

A comparison of the new Multi-Board Residential Real Estate Contract 4.0 (Year 2006 version) with the 3.0 version By Joseph R. Fortunato Real Estate Law, August 2006 In this outline the author attempts to review and contrast the Multi-Board Residential Real Estate Contract 4.0, approved or soon to be approved throughout the Chicago area, with the Multi-Board Residential Real Estate Contract 3.0, the so-called “Common Contract” currently in use.

Conference Series: An informed discussion of financial access for immigrants—Part 1 By Steven W. Kuehl Commercial Banking, Collections, and Bankruptcy, August 2006 During the past two years, the Consumer and Community Affairs (CCA) division of the Federal Reserve Bank of Chicago held a series of conferences focused on increasing access to financial services for immigrants.

Conference Series: An informed discussion of financial access for immigrants—Part 1 By Steven W. Kuehl International and Immigration Law, March 2006 During the past two years, the Consumer and Community Affairs (CCA) division of the Federal Reserve Bank of Chicago held a series of conferences focused on increasing access to financial services for immigrants.

Conference Series: An informed discussion of financial access for immigrants—Part II By Steven W. Kuehl Commercial Banking, Collections, and Bankruptcy, September 2006 The first part of this series appeared in the prior issue of Commercial, Banking & Bankruptcy Law, and this material will be concluded in the next issue of the newsletter.

Conference Series: An informed discussion of financial access for immigrants—Part II By Steven W. Kuehl International and Immigration Law, May 2006 The first part of this series appeared in the prior issue of The Globe and this material will be concluded in the next issue of The Globe.

Conference series: An informed discussion of financial access for immigrants—Part III By Steven W. Kuehl International and Immigration Law, July 2006 The first two portions of this article appeared in the prior two issues of The Globe.

Conservation easements: Smart growth or sprawl promotion? By Jesse J. Richardson, Jr. Agricultural Law, December 2006 This article attempts to briefly summarize some of the land use planning issues arising from perpetual conservation easements.

Consumer-Directed Health Plans: Early enrollee experiences with Health Savings Accounts and eligible health plans Health Care Law, December 2006 Editor’s Note: The June, 2006 issue of the Health Care Lawyer included a summary of a Government Accountability Office report released in April of 2006 entitled “Consumer-Directed Health Plans: Small but Growing Enrollment Fueled by Rising Cost of Health Care Coverage” GAO-06-514.

Consumer-Directed Health Plans: Small but growing enrollment fueled by rising cost of health care coverage Health Care Law, June 2006 Editor’s Note: We have tried fee-for-service medicine, comprehensive health planning, and managed care in an effort to provide people with access to high quality, affordable health care, but nothing seems to work.

The contract for hire: The exclusive test for determining jurisdiction By Cameron B. Clark Workers’ Compensation Law, March 2006 This article will focus on the Supreme Court’s analysis of the issue presented before it. For a full discussion of the facts surrounding the Mahoney decision, please refer to the March 2005 issue of the ISBA Worker’s Compensation Law Newsletter, Vol. 42, No. 3.

Contribution—An update By Samuel A. Kavathas, Jr. Tort Law, June 2006 This article is intended as an update based on some recent cases regarding contribution. One area which is always a source of confusion is whether or not a party can include a settling defendant on the verdict form pursuant to 735 ILCS 5/2-1117.

Correction Administrative Law, December 2006 In the November 2006 issue of this Newsletter, the provocative article entitled “Thoughts about Conflicts of Interest” was written by Section Council member Jewel N. Klein.

Correction: Enforceability of Illinois judgments By Bob Markoff Commercial Banking, Collections, and Bankruptcy, May 2006 In our Section Council’s newsletter of September 2004, (Vol. 49, No.1), I wrote an article entitled Revival of Judgment Revived.

Councils and Commissions: Is the new “Human Rights Council” simply a difference without distinction? By Jacob A. Ramer International and Immigration Law, May 2006 On March 15, 2006, the U.N. General Assembly voted 170-4 in favor of a resolution calling for the creation of a Human Rights Council, replacing the largely-criticized Commission on Human Rights.