Articles From 2006

Editor’s note By Brendan Max Criminal Justice, April 2006 In this edition of the ISBA Criminal Justice Section Newsletter, we are pleased to be able to provide a special article by the Honorable Daniel N. Locallo.
Editor’s note By Gary R. Gehlbach Real Estate Law, April 2006 The Illinois Supreme Court decision, First Midwest Bank v. Stewart Title Guaranty Company, earlier this year has generated considerable discussion and opinions, and several articles for this publication
Editor’s note By John L. Nisivaco Tort Law, March 2006 In the first article of this edition, Jim Ginzkey of Hayes, Hammer, Miles, Cox & Ginzkey, looks at the ever-evolving definition of “healing art malpractice.”
Editor’s note By Gary R. Gehlbach Real Estate Law, March 2006 Over the years the Real Estate Law Section Council has been blessed with some top-notch attorneys in the area of construction law.
Editor’s note By Ross S. Levey Family Law, February 2006 On January 25, 2006, the Illinois Supreme Court granted a petition for leave to appeal in the case J.S.A. v. M.H., 361 Ill.App.3d 745 (3rd Dist. 2005)
Editor’s note By Gary R. Gehlbach Real Estate Law, February 2006 On November 5, 2005, the federal Environmental Protection Agency published its Final Rule for Standards and Practices for All Appropriate Inquiry under the Environmental Protection Act.
Editor’s Note: Introducing In The Alternative’s new student editors By Thomas D. Cavenagh Alternative Dispute Resolution, September 2006 Each year, In the Alternative selects students with an interest in Alternative Dispute Resolution to serve as student editors.
Editor’s notes By Patrick J. Hughes Human and Civil Rights, December 2006 Professor Kendall has advised that on December 13, 2006, the UN Plenary of the General Assembly voted to adopt the world’s first convention on the rights of people with disabilities.
Editor’s notes By William T. Kaplan Business Advice and Financial Planning, October 2006 On Saturday morning, October 14, 2006, in Springfield, the Business Advice & Financial Planning Section Council had a very productive meeting and worth the one (1) hour of credit that we may receive toward our minimum continuing legal education requirements.
Editors’ notes September 2006 Following up on our last Newsletter, we have an additional article dealing with consumer protection.
Editor’s notes June 2006 In addition to antitrust, unfair competition, in its broadest sense, is within the purview of this Committee. Antitrust and unfair competition law share a concern for consumer welfare.
Editor’s notes May 2006 “Three up, three down”: Summaries of Three 2006 Supreme Court Decisions This has been an unusually interesting Supreme Court term for antitrust practitioners.
Editor’s notes By William T. Kaplan Business Advice and Financial Planning, May 2006 Read Mr. Norden’s article. It is one of the best “legal” articles we have published in The Counselor. These 10 points offer invaluable advice.
Editors’ notes April 2006 We have three articles in this newsletter.
Editor’s notes By William T. Kaplan Business Advice and Financial Planning, March 2006 Phewee. Here we thought we were safe from any criticism of the Editor’s Notes which appeared in the last edition of The Counselor.
Editor’s notes By William T. Kaplan Business Advice and Financial Planning, January 2006 We are about as happy and content as a seven-year-old in a candy store or as a teenager who is about to experience his or her first sexual experience.
The Editors’ Spot By Debra Liss Thomas & David Dwyer Young Lawyers Division, February 2006 Welcome to the fourth issue of the YLD newsletter for 2005 - 2006. Here is a brief update on a few things happening over the next several months with the YLD.
Education labor relations case decisions By Mike Lamb Education Law, June 2006 The 5th District Appellate Court upheld the dismissal of an administrative review action for failure to name the administrative agency and its hearing officer and for failure to serve that agency and its hearing officer within 35 days as required by statute. (735 ILCS 5/3-103).
Educational Implications of Garcetti v. Ceballos By Vickie Gillio Education Law, December 2006 On May 30, 2006, the U.S. Supreme Court released Garcetti v. Ceballos, a landmark First Amendment decision regarding public employee speech.
“Eek” and its not even Halloween: The new world of federal “e-discovery” By Frank M. Grenard Corporate Law Departments, September 2006 December 1, 2006 is fast approaching and with it the much anticipated and feared modifications to the Federal Rules of Civil Procedure which will formalize the process of mining “e-data.”
The effects of the Debt Reduction Act on Medicaid By Michael C. Wiedel Trusts and Estates, November 2006 In an effort to save a little money, comparatively speaking, the U.S. Congress has sacrificed the interests of the disabled and elderly poor for more exciting ventures.
Elder notes Elder Law, November 2006 New visitation rights available for grandparents. Effective January 1, 2007, Public Act 94-1026 amends section 607 of the Illinois Marriage and Dissolution of Marriage Act. 750 ILCS 5/607.
Elder notes Elder Law, June 2006 Legislation of interest to elder law practitioners.
Elder notes Elder Law, May 2006 Power of Attorney Act amendment. SB 2601, which has passed both houses of the Illinois General Assembly, is expected to be signed by Governor Blagojevich within the next 30 days.
Elder notes Elder Law, February 2006 Home health and hospice drug dispensation and administration act.
Election Code changes affect Illinois employers By Isham R. Jones, III Labor and Employment Law, January 2006 2006 is an election year in Illinois and two recent changes in the Illinois Election Code will make it easier for workers to perform their civic duty. Both changes became effective on August 22, 2005.
Electronic communications & records: Metadata, security, and more By Robert G. Moss Legal Technology, Standing Committee on, October 2006 It would be fair to say that the field of legal ethics is increasingly concerned with issues raised by new kinds of information and communication technology.
Employee benefits research on the Web Employee Benefits, December 2006 Useful links for employee benefits practitioners.
Employee benefits update By David R. Shannon Federal Taxation, March 2006 No policy, contract, certificate, endorsement, rider application or agreement offered or issued in this State, by a health carrier, to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services or of a disability may contain a provision purporting to reserve discretion to the health carrier to interpret the terms of the contract, or to provide standards of interpretation or review that are inconsistent with the laws of this State.
Employee destroys computer files and violates Computer Fraud and Abuse Act By Michael R. Lied Labor and Employment Law, July 2006 In International Airport Centers, L.L.C., et al., v. Jacob Citrin, 440 F.3d 418 (7th Cir. 2006), Citrin was employed to identify properties that IAC might want to acquire, and to assist in any later acquisitions. IAC provided Citrin a laptop to use to record data that he collected in the course of his work.

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