Articles From 2011

The European Union Center: A nationally recognized resource center serving the State of Illinois on European Union matters By Reneé Gordon Holley International and Immigration Law, August 2011 Over the years, the European Union Center at the University of Illinois at Urbana-Champaign has developed a strong reputation as a leading provider of technical expertise and programming that highlighting topics relevant to the European Union and the EU’s role in the global marketplace.  
Evaluating the debate on collective bargaining in the public sector By Joshua Bailey Alternative Dispute Resolution, April 2011 In order to justify their claims, public sector unions should present a clear and convincing argument as to why collective bargaining is necessary in a government context. This would require unions to pointedly dissect the claim that government is unlike private employers and thus collective bargaining does not function correctly in the public sphere.
Evaluation finds Cook County Child Protection Mediation Program helping broken families mend By Thomas D. Cavenagh Alternative Dispute Resolution, March 2011 By providing a forum for families and child protection professionals to communicate and work through conflicts, the Child Protection Mediation and Facilitation Program gives families with children in state custody the chance to have their voices heard regarding issues of visitation, services and placement.
Even divide among districts on post-decree appellate jurisdiction By Jan R. Kowalski Family Law, June 2011 For now, the matrimonial law practitioner needs to be cognizant that the appellate jurisdiction over a post-decree order, absent a 304(a) finding, is entirely dependent upon to which Appellate District the matter is brought.
1 comment (Most recent July 1, 2011)
Excerpts from the “state of the Federal District Court” address on June 20, 2011 By Hon. James F. Holderman Bench and Bar, August 2011 Read a portion of Judge James Holderman's remarks.
The exclusive or captive agent of an insurance company is a “producer” and by statute and case law owes duties to the insured By James T. Nyeste Insurance Law, October 2011 In Yessenow v. Executive Risk Indemnity, the court held the bankruptcy exclusion in a D&O policy was unenforceable and the policy’s “insured vs. insured” exclusion was inapplicable.
Executive fired for false cause obtains multimillion defamation award By Michael R. Lied Labor and Employment Law, July 2011 In the case of Leyshon v. Diehl Controls North America, Inc., the Illinois appellate court upheld significant compensatory and punitive damages.
Expiration of biotech crop patents—Issues for growers By Roger A. McEowen Intellectual Property, December 2011 The patent expiration of the first generation of Roundup Ready soybean trait in 2014 will be the first time that a major biotech trait will become potentially subject to competition with generic traits.
Expiration of biotech crop patents—Issues for growers By Roger A. McEowen Agricultural Law, December 2011 The patent expiration of the first generation of Roundup Ready soybean trait in 2014 will be the first time that a major biotech trait will become potentially subject to competition with generic traits.
Extension of protective orders to animals under the Illinois Domestic Violence Act By David H. Hopkins Family Law, October 2011 A relatively new remedy under the Illinois Domestic Violence Act fills a void and recognizes that many abuse situations involve family pets.
The “Facebook Firing” case—Employer limits on restricting employee use of social media By Julie Krupa & Gregory G. Thiess Corporate Law Departments, April 2011 The issue in this case stemmed from an employee’s negative comments about her employer posted on the employee’s Facebook page.
Faculty Development Series Award for attendance goes to Schoenbaum, Sebastian By William A. Price Administrative Law, July 2011 Two Administrative Law council members were honored for having attended at least four of the five available faculty development seminars offered by the ISBA this year.
Fall news roundup September 2011 Recent developments in antitrust & unfair competition law.
Family Matters: Preparing leaders, cultivating connections and illuminating choices for 24 years in the North of Howard community Child Law, February 2011 Since its inception in 1987, the mission of Family Matters has been to partner with the North of Howard community in northeast Rogers Park to develop leadership that facilitates positive social change.
Federal agency backs off—Operators of farm vehicles not subject to CDL requirements By Roger A. McEowen & Erin Herbold-Swalwell Agricultural Law, November 2011 On May 31, 2011, the Federal Motor Carrier Safety Administration issued a Notice seeking public comment on three issues relating to the applicability of the Federal Motor Carrier Safety Regulations to operators of farm vehicles. Many farm operators and agricultural groups interpreted the Notice as an attempt to require Commercial Driver’s Licenses for operators of ag equipment.  
The Federal Circuit annihilates the 25% rule of thumb for calculating a reasonable royalty By Gregory A. Lewis Intellectual Property, April 2011 Damages experts will now need to base their royalty rates on licenses and other information tied to the facts of the case at hand.
Federal jury acquits in-house counsel of criminal charges arising from client’s response to government investigation By Lisa Simmons Corporate Law Departments, July 2011 A federal judge has acquitted a former in-house lawyer for GlaxoSmithKline of six criminal charges that she obstructed a federal investigation and made false statements to investigators.
Federal law vs. the University of Illinois Act and other similar state statutes that provide in-state tuition benefits to qualifying immigrants By Elizabeth Adams International and Immigration Law, October 2011 Both lawful and unlawful immigrants who received a high school education in the United States face out-of-state tuition rates even if they wish to attend a college in the same state they attended high school. To lessen this burden, several states across the country have passed laws which grant in-state tuition to unlawful immigrants based on a variety of factors.
Federal legislation report Employee Benefits, June 2011 An update of recent federal bills relating to employee benefits.
Federalism and animal welfare: Court upholds California animal welfare rules By Nicholas R. Johnson & A. Bryan Endres Animal Law, April 2011 A look at the repercussions of National Meat Association v. Brown.
Fei Mei Cheng v. Attorney General of the United States, 2010 WL 3896198 (C.A.3) By Lisa A. Foran International and Immigration Law, April 2011 This case will help other circuits refine their definition of “other resistance” in the INA as human rights issues come to the forefront of American/Chinese relations.
A few cases of particular note and the collection of case summaries By Hon. Edward J. Schoenbaum & J.A. Sebastian Administrative Law, September 2011 Recent cases of interest to administrative law practitioners.
A few tips from a practitioner By Carl R. Draper Administrative Law, September 2011 An introduction to the form complaint for judicial review of administrative decisions.
Financial tips for young lawyers By Erich Gerlach Young Lawyers Division, February 2011 Saving now will give you the foundation for wealth later on and protect you during difficult times. Here's how you can do it.
A first look at the Illinois Civil Union Act By Richard Felice & Camilla B. Taylor Family Law, February 2011 As this article demonstrates, the Illinois Civil Union Act requires lawyers dealing with civil unions to be attuned to both the law of other states and the interplay of the civil union with other areas of the law.
Fitness-For-Duty exams upheld By Michael R. Lied Labor and Employment Law, February 2011 As the recent cases of Brownfield v. City of Yakima, Washington and Wisbey v. City of Lincoln, Nebraska demonstrate, it may be easier to justify such exams in law enforcement-related occupations.
Five reasons to collect a retainer up front in lieu of getting paid at the closing By Colleen L. Sahlas Real Estate Law, April 2011 Avoid risks and take the simple step of collecting a retainer up front.
3 comments (Most recent October 7, 2015)
Food labeling: FDA needs to reassess its approach to protecting consumers from false or misleading claims Health Care Law, February 2011 With strong support from First Lady Michelle Obama, there is increased emphasis on companies to offer more healthful foods. Recently, the Government Accountability Office issued a report concerning the Food and Drug Administration’s efforts to regulate food labeling. Find a summary of the report here.
Foreclosure mediation met with mixed feelings By Whitney Rhew Alternative Dispute Resolution, April 2011 It appears that efficient programs with “quick” answers for borrowers and high participation rates will be most successful.
Forfeiture by wrongdoing and the Illinois Rules of Evidence By Patrick M. Kinnally Civil Practice and Procedure, November 2011 Forfeiture by wrongdoing should no longer be a doctrine which is only applicable in our state criminal trial courts. New rules can create imaginative ways of thinking and litigating for civil practitioners who use them.