Articles From 2011

Is a confession of judgment clause in a guaranty enforceable? By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, November 2011 There are circumstances under which a confession of judgment guaranty can be enforceable, such as where the guaranty is combined with the promissory note.
1 comment (Most recent November 14, 2011)
Is information on privately-owned electronic devices subject to FOIA?—What Public Access Binding Opinion No. 11-006 means to you and your government clients By John Redlingshafer Local Government Law, December 2011 Opinion 11-006 of the Illinois Attorney General’s Public Access Bureau firmly establishes that electronic communications, whether shared on publicly or privately-owned devices, can be considered “public records” and therefore, may be subject to FOIA.
ISBA Assembly supports U.S. ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)—What happens next? By Annemarie E. Kill Diversity Leadership Council, June 2011 The ISBA has taken a lead as one of the few bar associations to pass a formal resolution in support of CEDAW.
ISBA Board of Governors adopts resolution recommending two additional Board seats to increase diversity By Annemarie E. Kill Diversity Leadership Council, June 2011 With approximately 30,000 members, the ISBA is the largest voluntary statewide organization of lawyers in Illinois. This Resolution advances our association’s goal of inclusion by reflecting the changing face of our profession.
ISBA develops Law & Leadership Pilot Program By Paula H. Holderman Diversity Leadership Council, June 2011 The ISBA and the Illinois Bar Foundation, through the M. Denny Hassakis Fund, have agreed to make a one-time contribution of $37,500 to run the three-week pilot program for 40 disadvantaged minority eighth-grade graduates. It is the expectation and hope of the ISBA in collaboration with the Illinois legal community, that this initial pilot program will expand to a statewide initiative of intensive summer programs and regular Saturday programming during the school year.
ISBA Diversity Award Diversity Leadership Council, June 2011 The Diversity Leadership Award recognizes long-standing, continuing and exceptional commitment by an individual or an organization to the critical importance of diversity within the Illinois legal community, its judiciary and within the Illinois State Bar Association.
The ISBA Diversity Leadership Award Racial and Ethnic Minorities and the Law, December 2011 Nomination and eligibility information for this important award, which recognizes long-standing, continuing and exceptional commitment by an individual or an organization to the critical importance of diversity within the Illinois legal community, its judiciary and within the Illinois State Bar Association.
ISBA Diversity Web page By E. Lynn Grayson Diversity Leadership Council, June 2011 The ISBA diversity Web page serves as a central repository of the latest diversity-related information, activities and events within the bar association as well as the Illinois legal community. The Web page also provides insight into recent diversity led initiatives and highlights the progress of other Task Force recommendations.
ISBA E-Clips International and Immigration Law, January 2011 A list of recent cases affecting International & Immigration Law practitioners.
ISBA General Assembly votes in favor of two measures involving international law By Cindy G. Buys International and Immigration Law, January 2011 The two measures are the Proposed Legislation on Consular Notification and the Resolution Urging U.S. Ratification of the Convention on the Elimination of Discrimination Against Women. The sentiments of the ISBA will now be conveyed to appropriate members of the Congress and the President.
ISBA members committed to diversity: How you can get involved By Annemarie E. Kill Diversity Leadership Council, June 2011 Read about some of the highlights of the work done by the diversity-related ISBA committees and section councils this bar year.
ISBA offers multitudes of member benefits in its Member Marketplace By Debra Liss Thomas Young Lawyers Division, February 2011 The ISBA Member Marketplace has teamed up with numerous companies to provide discounts to members on common, everyday services lawyers need. Check out the list of companies offering discounts here.
ISBA YLD grants provide assistance for children in need By Michael G. Bergmann & Arturo Hernandez Young Lawyers Division, October 2011 Through a variety of social events and fundraisers, the YLD raises money each year to support this ISBA Children's Assistance Fund.
ISBA YLD Vice Chair co-authors The Illinois Survival Guide: Best Practices for New Lawyers By Anna P. Krolikowska Young Lawyers Division, February 2011 The new book, co-sponsored by the ISBA, offers advice on topics ranging from everything they forgot to teach you in law school to the top 10 mistakes new lawyers make, and the importance of achieving balance and avoiding burnout. Click here to check it out and get 15% off.
ISBA—Who we are and how we are doing in 2011 By Sandra Crawford Diversity Leadership Council, June 2011 Are our efforts to promote diversity in ISBA membership working? Check out the ISBA's census data here.
It’s Game Over for proponents of videogame regulation By Steven Helle Human and Civil Rights, December 2011 Many courts have pointed out that no one has been able to establish anything more than a correlation—and not causation—between violence in videogames and real life. A look at the recently decided case of Brown v. Entertainment Merchants Assn.
“It’s in the cloud.” New Web-based services provide solo and small firm lawyers new low-cost technology options and opportunities By John T. Phipps Senior Lawyers, October 2011 When the time comes to upgrade your computer system, the “cloud” offers other alternatives that might provide a cost-effective solution to the computer needs of solo and small firm lawyers.
It’s the end of the citation system as we know it…. By J.A. Sebastian General Practice, Solo, and Small Firm, July 2011 An explanation of Illinois' new case citation system.
2 comments (Most recent July 29, 2011)
It’s the end of the citation system as we know it… By J.A. Sebastian Administrative Law, July 2011 An explanation of Illinois' new case citation system.
Jablonski v. Ford: Is the Illinois Supreme Court crafting a new approach to duty analysis and proof in negligent-product-design cases? By George S. Bellas & A. Patrick Andes Civil Practice and Procedure, December 2011 The Supreme Court’s transition from Calles to Jablonski suggests that in negligent-product-design claims specifically and in products liability litigation generally, the Illinois Supreme Court may not yet be restricting duty analysis solely to the risk-utility test but has incorporated the consumer expectation test as a factor into the risk-utility test.
JCAR Flinn Report notes By William A. Price Administrative Law, December 2011 Summaries of recent Flinn Reports.
JCAR kills proposed HFS rules implementing DRA By Anthony J. DelGiorno Elder Law, June 2011 At its May 10, 2011 hearing, the Illinois Legislature's Joint Committee on Administrative Rules committee moved to a final vote and unanimously rejected the Department’s proposed rules to implement the Deficit Reduction Act and its revisions to Medicaid and asset transfer allowances.
Jeffrey Cox v. The Illinois Workers’ Compensation Commission By Rita E. Mulcahy Workers’ Compensation Law, February 2011 The First District Appellate Court ruled that an injury that occurs while a traveling employee, driving a company vehicle, is in the process of returning to his route home arises out of and in the course of employment.
Joint Committee on Administrative Rules: Legislative review of rulemaking procedures and significant court cases on rulemaking in Illinois By William A. Price Administrative Law, November 2011 A summary of some of the information contained in the annual report for 2010 released by the Illinois General Assembly's Joint Committee on Administrative Rules.
Judicial independence By Terri L. Mascherin Bench and Bar, May 2011 Once we place judges on the bench, so long as they remain competent to serve, they should be free to interpret and apply the law in good faith, regardless of the political implications of their decisions.
A judicial perspective on the welfare of pets in dissolution cases By Hon. Edward R. Jordan Animal Law, September 2011 Judge Edward R. Jordan argues that careful application of current law in dissolution cases "is more than sufficient to guarantee fundamental fairness for a pet and its guardians."
Judicial profile: District Judge James E. Shadid By Timothy J. Howard Federal Civil Practice, September 2011 Learn more about Judge Shadid, who was sworn in earlier this year.
Judicial profile: Judge Gary S. Feinerman By Marron Mahoney Federal Civil Practice, March 2011 Get to know Gary S. Feinerman, one of the newest district court judges for the Northern District of Illinois.
Keep (the standards) climbing . . . By Anna E. Morrison-Ricordati Animal Law, April 2011 The standards for animal safety on airplanes need to improve.
Keeping current in your practice By David Clark Legal Technology, Standing Committee on, April 2011 Applying sage advice using modern technology.