Articles From 2010

A checklist for judicial review of an administrative agency decision By J.A. Sebastian, Carl R. Draper, & Jewel N. Klein Administrative Law, July 2010 A helpful checklist for anyone looking to review an Illinois administrative agency decision.
The Chicago Committee Mentorship Academy: A Model for Mentoring Diverse Associates Diversity Leadership Council, June 2010 The Chicago Committee Mentorship Academy launched in 2008, and uses a non-traditional model to help new associates find success and fulfillment in their legal practice.
Chicago Foundation for Women Diversity Leadership Council, June 2010 A summary of comments made by Kelly White, Executive Director of the Chicago Foundation for Women, at its 24th Annual Luncheon on September 24, 2009.
Chief Justice Fitzgerald ends a long and distinguished career By Joseph Tybor Bench and Bar, November 2010 A look at the career of Illinois Supreme Court Chief Justice Thomas R. Fitzgerald.
Child Law Report: Illinois 96TH General Assembly By Linda S. Coon Child Law, December 2010 A summary of new laws of major interest to the ISBA's Child Law Section Council.
Chinese culture and communications By Shannon M. Shepherd & Peter Y. Qiu International and Immigration Law, October 2010 When trying to cultivate relationships with any client, it is of the utmost importance to remain culturally adaptable, patient, flexible, and tolerant.
“Choose Life” license plates—Government speech, private speech, or hybrid speech? By Crystal Olsen Human Rights, September 2010 Specialty license plates are considered government property, but messages on the plate are ultimately displayed by private citizens. So, who gets to decide which messages are displayed or not displayed?
CLE on cross-cultural communication By Cindy G. Buys International and Immigration Law, October 2010 A recap of the program presented at the ISBA's Annual Meeting in June, intended to raise awareness about the need for cultural sensitivity when interviewing clients and how that will make you a more effective lawyer.
Clean Water Restoration Act By Jeff Baker Environmental Law, May 2010 The current Clean Water Act extends only to “navigable waters.” But the recently introduced Clean Water Restoration Act would replace the current "navigable waters" language for the broader “waters of the United States.”
Co-editor’s note By Stanley R. Kaminski State and Local Taxation, September 2010 An introduction to the issue from Co-Editor Stanley R. Kaminski.
Co-editor’s note By Stanley R. Kaminski State and Local Taxation, August 2010 An introduction to the issue from Co-editor Stanley R. Kaminski.
Collateral estoppel: It is not an absolute By Patrick M. Kinnally Civil Practice and Procedure, October 2010 A look at a case decided just last month, Hurlbert v. Charles, which makes clear that prior adjudication of a claim or issue is not a complete bar against relitigation of that same claim or issue.
A comment on “gross error” By Jon Gilbert Alternative Dispute Resolution, May 2010 A case decided two years ago by the Illinois Supreme Court may do away with the doctrine of "manifest disregard of the law" as a basis for challenging an award.
Comment: Voluntary dismissal By J.A. Sebastian Administrative Law, January 2010 In a December 2009 decision of the appellate court, the Court reminds us to consider the statutory provisions of the Administrative Review Law and to comply with those requirements. Failure to strictly adhere to those requirements deprives a court of subject matter jurisdiction over an administrative review action.
A commentary on guns at work By Jim McGrath Corporate Law Departments, February 2010 Today Illinois and Wisconsin are the only states that do not permit some form of carrying a concealed firearm, and each year bills are introduced in the Illinois legislature that would permit concealed carrying, but have not yet seen the light of day. But, in March 2009, more than 5,100 gun owners marched in Springfield to demand a right to carry a concealed weapon, and plan on doing it again in March 2010, and until a law is finally passed.
Comments from the Chair By Anna E. Morrison-Ricordati Animal Law, November 2010 An introduction to the issue from Section Chair Anna Morrison-Ricordati.
Comments from the Chair By Amy A. Breyer Animal Law, June 2010 A letter to readers from the Animal Law Section's Founder and Chair.
Comments from the Chair By Amy A. Breyer Animal Law, January 2010 No matter what your practice area, human interests often intersect with animal interests. The ISBA’s Animal Law Section offers you both an opportunity to stay on top of this constantly evolving area, as well as a valuable link to resources you may need when that intersection of interests crosses your desk. 
Comments on Rule 1.13 from the Co-chair of the Joint Committee on Ethics 2000 By Robert Creamer Administrative Law, January 2010 The October 2009 IBJ article made no specific mention of Comment [9] to new Rule 1.13 because of space limitations on what could be covered; and many other interesting and deserving topics were omitted as well. 
Commercial arbitration in the People’s Republic of China By R. Terence Tung International and Immigration Law, May 2010 The People’s Republic of China (PRC) now conducts more arbitrations than any other country in the world.
The commitment to diversity should be a badge worn every day Diversity Leadership Council, June 2010 The Annual Diversity Luncheon has been one of the Peoria County Bar Association's most well-attended and successful events. But if statistics are any indicators, there's still have a long way to go to ensure diversity in the legal profession.
Common carrier’s duty to passengers versus the natural accumulation rule By John J. Holevas Civil Practice and Procedure, September 2010 In Krywin v. Chicago Transit Authority, the Illinois Supreme Court found that the consequences of requiring the CTA to inspect every platform for a natural accumulation of snow and ice every time a train was to discharge or take on passengers would bring the transit system to a standstill.
Common-law tort and federal anti-discrimination claims not preempted by Illinois Human Rights Act By Michael R. Lied Labor and Employment Law, January 2010 The Illinois Supreme Court reversed the judgment of the appellate court, and remanded to the appellate court to consider defendant’s other claims of error. 
Company whisteleblowers get new incentives and protections By Gregory G. Thiess Corporate Law Departments, December 2010 The recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act extends Sarbanes-Oxley whistleblower protections to some private companies.
Comparable sales are admissible to establish whether bankruptcy sales reflect market value By Timothy E. Moran State and Local Taxation, August 2010 Author Tim Moran's summary of the Calumet Transfer v. PTAB case.
Completing Phase One of the Seventh Circuit Electronic Discovery Pilot Program By Hon. James F. Holderman Federal Civil Practice, June 2010 The Seventh Circuit Electronic Discovery Pilot Program was initiated in May 2009. Phase One has been completed; the Committee will review the feedback it receives regarding Phase One and then commence Phase Two, which will run from July I, 2010 to May 1, 2011.
Condition, cause AND foreseeability By Albert E. Durkin Tort Law, April 2010 When an attorney is faced with questions as to when conduct is a cause and when it is only a condition, close attention must be paid to a plaintiff’s conduct.
Congress may be frozen, but the Supreme Court is acting! By Philip E. Koenig Trusts and Estates, February 2010 Normally, the activity of the United States Supreme Court and the Illinois Supreme Court has little effect on the work of trust and estate lawyers. In 2009, however, there were three decisions of note: one by the U.S. Supreme Court and two by the Illinois Supreme Court that are of significance and importance to trust and estate lawyers.
Consider yourself asked to run for public office By Sandra Crawford Women and the Law, November 2010 The “Women Running for Public Office” forum addressed the challenges faced by women running for public office and how those challenges can be overcome.
Construction law: What’s new in 2010 By Bruce H. Schoumacher, Alicia Garcia, & Emily Widmer Real Estate Law, September 2010 Recent construction law cases.