Articles From 2007

Due process and ethical issues for administrative judges By William A. Price Administrative Law, March 2007 Due process requirements of the U.S. and Illinois Constitutions, and the requirements of both professional and judicial ethics, may apply to actions of ALJs.
DUI becomes an international matter By Maryann Bullion International and Immigration Law, August 2007 Many Illinois citizens are not aware that their criminal records could affect them outside the country.
E-alert—Rental equipment liens By Margery Newman Real Estate Law, December 2007 On August 17, 2007, Governor Rod Blagojevich signed into law an amendment to the Illinois Mechanics Lien Act, Section 1.2 permitting liens for equipment rental.
E-discovery now, not later—New Federal Rules of Civil Procedure By Michael J. Hanson Civil Practice and Procedure, February 2007 When the new amendments to the Federal Rules of Civil Procedure went into effect December 1, 2006, life got tougher for some attorneys who scrupulously avoid dealing with electronic data issues. A not uncommon approach has been to defer dealing with issues related to the discovery of electronically stored information (ESI) until later in the case, hoping that later will become never.
E-Mail and the Attorney-Client Privilege: In re County of Erie By Patrick T. Driscoll, Jr. & Patricia M. Fallon Government Lawyers, September 2007 In re County of Erie, 473 F.3d 413 (2d Cir. 2007), involved a class action lawsuit brought by a group of arrested individuals who alleged they were subjected to unconstitutional strip searches.
E-mail etiquette By Maxine R. Weiss Young Lawyers Division, February 2007 In today’s world of technology, many of us have fallen into the habit of e-mailing with our clients and opposing counsels.
E-Mail Retention Policies and the Local Records Act By Richard G. Flood & Jenette M. Schwemler Administrative Law, July 2007 While many have leapt to the conclusion that the Local Records Act requires preservation of anything and everything dealing with public business that happens to enter or leave a municipally owned computer, reading the statute three times, as Supreme Court Justice John Roberts suggests, reveals a quite different intent.
E-mail retention policies and The Local Retention Act By Richard G. Flood & Jenette M. Schwemler Local Government Law, March 2007 Recent interpretations of the Local Records Act, broadly construing the meaning of “public records” for purposes of formalizing retention policies, beg for the imposition of Supreme Court Justice John Roberts’ three rules of statutory construction: “Read the Statute, Read the Statute, Read the Statute.”
E-mail use—When does it constitute a meeting? By John H. Brechin Administrative Law, April 2007 Public Act 94-1058 effective January 1, 2007, amends the Open Meetings Act and specifically authorizes members of a public body to attend meetings of that public body without being physically present at the site of the meeting.
E-mail use—When does it constitute a meeting? By John H. Brechin Local Government Law, January 2007 Public Act 94-1058 effective January 1, 2007, amends the Open Meetings Act and specifically authorizes members of a public body to attend meetings of that public body without being physically present at the sight of the meeting.
Editor’s Column: In praise of our staffs and contingency planning By John T. Phipps General Practice, Solo, and Small Firm, November 2007 This past summer was a very trying summer for the Editor, who experienced numerous office staff problems which, because of an unexpected staff family emergency, ended with a temp who, because of the need for training, (which we did not have time to do) could not do much other than answer the phone.
Editor’s Column: Lessons from The ABA Tech Show: Windows VISTA—Looks good but no compelling reason to upgrade By John T. Phipps General Practice, Solo, and Small Firm, July 2007 The consensus from the ABA Tech Show participants and exhibitors as well as local tech experts we have talked to is that “If your current windows XP system is working, don’t change it.”
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, August 2007 During the 2006-2007 ISBA year, the International and Immigration Law Section Council was able to produce eight separate issues reflecting the wide range of interests of the Section membership.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, May 2007 John Baun graduated from The John Marshall Law School and is a Ph.D. candidate in education at the University of Nebraska.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, April 2007 Once again we are indebted to the academic community for a significant portion of this issue of The Globe.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, March 2007 An introduction to the issue from Editor Lew Matuszewich.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, January 2007 I appreciate Shannon Jackson conscientiously contributing a “Message from the Chair” for each issue and keeping our readers up-to-date on the other activities of the International and Immigration Law Section.
Editor’s introduction By John L. Conlon December 2007 An introduction to the issue from Editor John Conlon.
Editor’s introduction By John L. Conlon October 2007 The United States Supreme Court garnered some headlines in the business press at the conclusion of its last term when, by a 5 to 4 decision, the Court overruled its 96-year-old Dr. Miles decision and removed resale price maintenance from the list of per se antitrust violations.
Editor’s note By Gary R. Gehlbach Real Estate Law, December 2007 A reader of this publication recently posed this question: “I have some clients who hold a life estate in some farm land on which is a farm house which they rent out.
Editor’s note By Gary R. Gehlbach Real Estate Law, November 2007 The typical illicit use of the first of the nine Plat Act exemptions (“The division …of land into…tracts of 5 acres or more…which does not involve any new streets or easements of access”) is a split of land that does, in fact, involve an access easement, expressed or implied.
Editor’s note By Thomas D. Cavenagh Alternative Dispute Resolution, October 2007 We welcome and are grateful for contributions to this newsletter from members of the section.
Editor’s note By Gary R. Gehlbach Real Estate Law, October 2007 The Plat Act (765 ILCS Act 205) is a much-used source of reference and a guide for many real estate projects for my clients.
Editor’s note By Gary R. Gehlbach Real Estate Law, September 2007 Summer vacation is over so it’s back to work, although I don’t recall a busier summer in the office.
Editor’s note By Gary R. Gehlbach Real Estate Law, August 2007 Some of you may remember Mike Rooney, who was (and still is) quite involved in real estate matters, especially title matters and professionalism.
Editor’s note By John L. Nisivaco Tort Law, July 2007 The first article of this edition is written by John Stalmack. Mr. Stalmack’s article discusses the cross examination of a medical expert’s personal opinion or personal practice.
Editor’s note By Gary R. Gehlbach Real Estate Law, July 2007 This mid-summer issue features several articles that the readers will, hopefully, find informative.
Editor’s note By Gary R. Gehlbach Real Estate Law, June 2007 In the last issue of this publication (April 2007, Vol. 52, No. 8) I suggested misgivings about the routine use of the general warranty deed and the casual reference to the quitclaim deed as a panacea for all real property ills.
Editor’s note By William T. Kaplan Business Advice and Financial Planning, May 2007 Point I. With unabashed glee, we publish a second article by Mr. Dennis A. Norden. Mr. Norden is a “diamond in the rough” in that his personal demeanor leaves an erroneous impression of “roughness,” but his past article contained gems of wisdom usually not found in Section Council publications.
Editor’s note By John L. Nisivaco Tort Law, April 2007 The first article of this edition, written by Martin Glink, discusses the Illinois Supreme Court’s opinion in York v. Rush Presbyterian regarding apparent agency. Mr. Glink provides a thorough description of the facts of the case and a detailed explanation of the Court’s analysis and decision.

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