Section Newsletters

Articles From 2011

Illinois civil unions—will they provide immigration benefits to noncitizens? By Rebecca L. Warren International and Immigration Law, August 2011 A look at civil unions in the context of immigration—Can they be recognized for immigration purposes?
Illinois completes 2010 tax amnesty period By Kathleen M. Lach State and Local Taxation, March 2011 An overview of the most recent tax amnesty period.
The Illinois Constitution reviewed, honored and being taught in a law school classroom By CarrieBeth Clark Young Lawyers Division, February 2011 The John Marshall Law School is currently the only law school in Illinois to offer a course devoted to the study of the Illinois Constitution.
Illinois EPA submits new vapor intrusion proposal By Raymond T. Reott Environmental and Natural Resources Law, February 2011 Unable to completely resolve the objections to its original proposal, despite a long stay of the rulemaking proceedings, the Illinois EPA finally decided to bring forth a new and different proposal to add a vapor intrusion pathway for indoor air exposure to the Illinois TACO Cleanup Rules.
The Illinois estate tax: A few surprises, perhaps? By Robert W. Kaufman Trusts and Estates, October 2011 Using examples for 2011 decedents found on the Illinois Attorney General's Web site, the author finds that the regressive nature of the Illinois estate tax has dramatic results.
1 comment (Most recent October 19, 2011)
The Illinois gift tax and a planning opportunity, perhaps? By Gary R. Gehlbach Trusts and Estates, December 2011 With the $5 million federal gift and estate tax exemption and the $2 million Illinois estate tax exemption, a popular planning technique is to have clients make substantial lifetime gifts, using some or all of their $5 million federal gift tax exemption.
Illinois has three requirements to be legally married. However, a party can be married without demonstrating all three By Kimberly J. Anderson Family Law, March 2011 Illinois is very clear in its requirements for a binding marriage: A person is required to purchase a marriage license, the marriage has to be solemnized and it must be registered.
3 comments (Most recent March 15, 2011)
The Illinois Home Repair and Remodeling Act Amendment By J.A. Sebastian General Practice, Solo, and Small Firm, March 2011 The legislative amendment of the Home Repair and Remodeling Act now creates additional enforcement powers with the private right of action.
The Illinois legal profession attempts to take care of its own: Illinois Bar Foundation and Lawyers’ Assistance Program By Leonard F. Amari Senior Lawyers, October 2011 A look at what the legal profession does to take care of its senior lawyers and those lawyers experiencing distress.
Illinois legislation update: Trust, probate, powers of attorney, property issues By Lesser, Lutrey & McGlynn LLP Trusts and Estates, June 2011 Legislation affecting trust & estate attorneys.
Illinois legislative update: Power of attorney updates & alerts By Mary Cascino Trusts and Estates, June 2011 Recent updates to Property and Health Care Powers in Illinois.
1 comment (Most recent July 14, 2011)
The Illinois Religious Freedom Protection and Civil Union Act By Richard A. Wilson Diversity Leadership Council, June 2011 When the new Act took effect on June 1, Illinois joined 11 U.S. States and the District of Columbia that now recognize legal unions between same-sex couples.
Illinois Residential Real Property Transfer on Death Instrument Act awaits governor’s signature By Charles G. Brown Trusts and Estates, July 2011 An overview of the Illinois Residential Real Property Transfer on Death Instrument Act, written by the author of the bill.
Illinois sales tax legislation enacted—Amends definition of “retailer maintaining a place of business in the state” By David J. Kupiec & Natalie M. Martin State and Local Taxation, July 2011 The law amends Section 2 of the Illinois Use Tax Act, 35 ILCS 105/2, by requiring all online retailers who contract with an “affiliate” in Illinois to collect sales tax on customer purchases beginning July 1, 2011.
Illinois state and local sales tax sourcing—Will the current long standing local sales tax sourcing test be changed in Illinois? By David J. Kupiec & Natalie M. Martin State and Local Taxation, November 2011 As of the drafting of this article, this sales tax sourcing issue remains the focus of pending Illinois legislation and litigation.
Illinois State Bar Association’s YLD 14th Annual Holiday Party at the Cubby Bear By Anna P. Krolikowska Young Lawyers Division, October 2011 Mark your calendars for the 14th Annual Holiday Party on December 2nd!
Illinois Supreme Court adopts new public domain citation system By RoxAnne L. Rochester Civil Practice and Procedure, September 2011 Effective July 1, 2011, the Illinois Supreme Court adopted a new reference system for official case law citations.
Illinois Supreme Court announces new public domain citation system, ending era of printed volumes By Joseph Tybor & Hon. Alfred M. Swanson, Jr. Bench and Bar, June 2011 The Illinois Supreme Court has mandated a new way of officially citing its cases and those of the Illinois Appellate Court starting July 1, 2011. This new method will save Illinois taxpayers hundreds of thousands of dollars a year by eliminating the need to publish and purchase the official opinions in bound volumes.
The Illinois Supreme Court enforces taxpayers’ rights to full compensation for wrongly withheld property tax refunds By Mark R. Davis State and Local Taxation, June 2011 The recent Illinois Supreme Court decision in General Motors Corporation v. Pappas ends a long-running dispute between the County Collector of Cook County and several groups of taxpayers over the rates of statutory interest payable on property tax refunds.
Illinois Supreme Court holds that no punitive damages are allowed for survival action in violation of Nursing Home Act case By Stephen C. Buser Tort Law, October 2011 The Illinois Supreme Court made it clear in Vincent v. Alden-Park Strathmoor that it was up to the Illinois legislature and not the Illinois judicial system to determine whether punitive damages should be available for violations of the Act in actions based on the Survival Act.
The Illinois Supreme Court takes pass on ripe opportunity to protect insurance consumers By Scott A. Blumenshine Insurance Law, July 2011 The author argues that with the Rosen decision, the Illinois Supreme Court has abdicated its authority to invalidate insurance policy language on the supposed basis that the legislature has approved such language, when it has not.
The Illinois Supreme Court upholds a trial de novo clause in underinsured motorist coverage By Robert T. Park Insurance Law, July 2011 The author finds that the decision in Phoenix Ins. Co. v. Rosen was consistent with holding in Reed, the uninsured motorist statute, and the duty of the courts to interpret and apply, rather than to rewrite, insurance policies.
Immigrants beware—Trademark counterfeiting Is aggravated felony INA §101 By Joseph T. Nabor Intellectual Property, September 2011 Criminal trademark counterfeiting is counterfeiting, and an aggravated felony under INA § 101(a)(43)(R), 8 USC § 1101(a)(43)(R), and supported Immigration judge's removal order. Ninth Circuit rejects argument "counterfeiting" referred only to currency. Rodriguez-Valencia v. Holder, 99 USPQ2d 1476 (9th Cir. 2011).
Immigration detainers violate human rights By Kelly Brackley Human and Civil Rights, December 2011 Why should immigrants be treated any differently from anyone else who is arrested—why are they denied due process?
Immigration obstacles for same-sex couples civilly united in Illinois By Angela Rollins International and Immigration Law, August 2011 Even though same-sex couples can now enter into civil unions in Illinois, same-sex binational couples are unable to recognize the same benefits as married opposite-sex couples under the Immigration and Nationality Act.
Impacting the Public’s Perception of our Courts: A Professionalism Program in the Circuit Court of Cook County By Jayne Reardon Bench and Bar, March 2011 A summary of the program sponsored last spring by the Illinois Supreme Court Commission on Professionalism.
Implementation by the Illinois Department of Health and Family Services of the Federal Deficit Reduction Act of 2005 By Anthony B. Ferraro Elder Law, December 2011 A summary of the Federal Deficit Reduction Act of 2005, implemented by the Illinois Department of Health and Family Services.
Important developments in the Bulgarian law on European Union funding By Elena Sabkova International and Immigration Law, January 2011 One of the most notorious cases to reach Bulgaria's courts was the misappropriation of funds from the EU’s Special Accession Program for Agriculture and Rural Development. The court's decision was handed down this past summer.
In a wrongful birth action, the Illinois Supreme Court curtails the available remedies finding that no damages are available for the care of a disabled, dependent child after the child reaches the age of majority By Jessica A. Hegarty Civil Practice and Procedure, October 2011 The court’s analysis hinged upon whether Illinois law imposes a “duty” or “obligation” on parents to support disabled, dependent children after the age of majority. Absent such a duty, the court reasoned that the costs and expenses associated with caring for a disabled, dependent adult child are not “legal harms” that parents suffer but are expenses that are “voluntarily” and “willingly” assumed. The court relied on the general common law rule established in 1896 that parents are not legally obligated to support an adult child as the basis for its ruling.
1 comment (Most recent October 14, 2011)
In the December issue… By Darrell Dies & Jacob Frost Trusts and Estates, December 2011 An introduction to the issue from co-editors Darrell Dies and Jacob Frost.