What do Chicago’s Grant Park, moral rights, the Seventh Circuit and wildflowers have in common?By Kristin L. LingrenIntellectual Property, September 2011This article examines the decision by the Seventh Circuit Court of Appeals in the case of Kelley v. Chicago Part District within the context of the federal Visual Artists Rights Act of 1990 ("VARA"). The court considered whether a wildflower garden planted and maintained in a public park was a protected "work of visual art" under VARA and whether the park district's reduction and modification of the garden constituted a violation of the creators moral right of integrity. It concluded that the garden did not fall within the purview of VARA because it did not qualify as copyrightable within the meaning of the Copyright Act, lacking the elements of "authorship" and "fixation" required to support copyright and eligibility for protection under VARA. In dicta, the Seventh Circuit questioned the First Circuit's position in Phillips v. Pembroke Real Estate that VARA provided no protection for site-specific art.
What every lawyer should know about Collaborative Law (a.k.a., Collaborative Practice)By Sandra CrawfordAlternative Dispute Resolution, June 2011Three things every lawyer should also know about Collaborative Law: (1) there is a favorable American Bar Association Formal Ethics Opinion (Opinion No. 07-447) on the topic; (2) Since October, 2010 there has been a Uniform Collaborative Law Act adopted in several states; and (3) there is an international organization, the International Academy of Collaborative Professionals, which has also promulgated Ethical Standards for Collaborative Practitioners.
What every lawyer should know about Collaborative Law (a.k.a., Collaborative Practice)By Sandra CrawfordWomen and the Law, June 2011Three things every lawyer should also know about Collaborative Law: (1) there is a favorable American Bar Association Formal Ethics Opinion (Opinion No. 07-447) on the topic; (2) Since October, 2010 there has been a Uniform Collaborative Law Act adopted in several states; and (3) there is an international organization, the International Academy of Collaborative Professionals, which has also promulgated Ethical Standards for Collaborative Practitioners.
What is income?By Hon. Timothy J. McJoyntFamily Law, December 2011How does the court (or parties) determine payor’s income to apply guideline child support calculations?
What we promise. What we ask.By Timothy J. StormGeneral Practice, Solo, and Small Firm, July 2011A message from Section Chair Timothy Storm.
What’s in the August 2011 issue?By Jacob Frost & Darrell DiesTrusts and Estates, August 2011An introduction to the issue from editors Jacob Frost and Darrell Dies.
Where are they?International and Immigration Law, April 2011A call for information about former chairs of the International & Immigration Law Section Council.
Wherever you go…Never forget to take your Pulse!By Alan PearlmanLaw Office Management and Economics, Standing Committee on, September 2011A review of the Livescribe Pulse Digital Smartpen, which creates digital copies of everything you write by hand while recording audio at the same time.
Who does the Attorney General represent in child support cases?By Lawrence A. NelsonGovernment Lawyers, June 2011The law is clear: in child support cases, the Attorney General has one and only one client—the Department of Healthcare and Family Services.
Who has jurisdiction over workers’ compensation fraud?By Richard D. HanniganWorkers’ Compensation Law, August 2011Because the petitioner’s case involved questions of fact and not law, the circuit court lacked jurisdiction to hear the fraud complaint and found that the Illinois Workers’ Compensation Commission is the proper jurisdiction.
Who’s in charge?By Lee Beneze & Anthony J. DelGiornoElder Law, February 2011Important contact information for Congressional leadership.
Who’s that knocking at my door? A synopsis of door-to-door solicitation casesBy Mark C. PalmerLocal Government Law, January 2011The local powers granted to municipalities to protect the health and welfare of its citizens, including prevention of crime, fraud and invasion of privacy, must be fairly balanced with any prior restraints on the Constitutional rights of the salespersons.
Wickham v. Byrne revisited—Its legacyBy Morris Lane HarveyFamily Law, August 2011A look at three major issues that directly impact the issue of the constitutionality of the current grandparent visitation statute.
Will disqualifying job candidates based on their current unemployment soon be prohibited?By Julie Crabbe & Gregory G. ThiessCorporate Law Departments, April 2011Until the EEOC clarifies the circumstances under which employment status is an appropriate or inappropriate criterion for job selection, employers should evaluate carefully whether to consider an applicant’s status as unemployed in making such decisions.
Winning chances? Client relations, math, and ethicsBy Daniel KeganIntellectual Property, June 2011Clients and others often ask attorneys for the chances of winning a dispute. Attorneys often answer, but they should not. Mathematically the wrong question is asked; numerical answers likely violate legal ethics by incompetently providing incorrect and often deceptive information. A better response provides both valid case evaluation and client emotional support without fabricating false certainty.
Wirtz et al. v. Quinn et al.By David P. DornerState and Local Taxation, April 2011A summary of the case, currently on appeal to the Illinois Supreme Court.
Workers’ Compensation Reform in the December 2010 veto sessionBy Richard D. HanniganWorkers’ Compensation Law, February 2011A summary of the recent discussions within the Illinois House and Senate Committee meetings on Workers' Compensation Reform.
