Articles From 2012

ISBA—It’s just the beginning. Get involved By Hon. Ann Breen-Greco & Sandra Crawford Alternative Dispute Resolution, October 2012 An overview of the recent ISBA/JTBF Law & Leadership Institute, which was held over the summer at the John Marshall Law School.
It was a gift, not a loan—Prove it! By Jason G. Schutte & Eric Waldman Civil Practice and Procedure, September 2012 This article largely references the 4th District Appellate case of Barnes v. Michalski, in which Justice Appleton provided an exhaustive, informative and well-written analysis of Illinois law on presumptions of money transfers, burdens of proof, the statute of frauds and other issues.
It’s more than the documents creating the estate plan and the taxes By Franklin M. Hartzell Trusts and Estates, January 2012 The author offers a list of topics to discuss with your client when planning for his or her future.
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 Bench and Bar, April 2012 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.
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 Tort Law, March 2012 The Illinois Supreme Court's recent decision in Jablonski et al. v. Ford Motor Co. appears to illustrate a shift in how Illinois courts are deciding cases involving negligent-product-design claims.
Join the Woman2Woman Referral Network By Danielle Kays Women and the Law, October 2012 The referral network Web site serves as a woman to woman referral network for women lawyers  and clients seeking assistance with legal matters. 
The Judicial Intern Opportunity Program By Tiffany W. Shimada Diversity Leadership Council, June 2012 Now celebrating over 10 years of success, JIOP was established in response to a study released in February 2000, which reported that only 15 percent of all judicial clerkships are held by minorities—despite the fact that minorities make up 30 percent of the nation’s population and 20 percent of the law student population.
Judicial profile: Edmond E. Chang By Kathryn A. Kelly Federal Civil Practice, September 2012 Get to know more about District Judge Edmond E. Chang.
Judicial Profile: Magistrate Judge Mary Rowland By Marron Mahoney Federal Civil Practice, December 2012 The ISBA Federal Civil Practice Section joins the Chicago legal community in welcoming Judge Rowland to the bench.
Jurisdiction of Illinois courts based on Internet content without Zippo By George S. Bellas & A. Patrick Andes Civil Practice and Procedure, July 2012 In recent years, courts have returned to a more traditional analysis to determine whether personal jurisdiction exists in Internet-related cases. The United States Supreme Court Calder v. Jones case in 1984 crafted the “effects” test, which would become the blueprint for contemporary Internet jurisdiction analysis in much of the United States and in Illinois, specifically.
Jurors permitted to ask questions By Hon. E. Kenneth Wright, Jr. & Sabena Auyeung Bench and Bar, July 2012 While trial judges in Illinois and other states have, in the past, allowed jurors to ask questions, Rule 243 and the accompanying revisions to the Pattern Jury Instructions Civil now provide a structure for trial judges in Illinois to allow juror questions if the parties agree.
Just be normal By Maxine Weiss Kunz Young Lawyers Division, June 2012 Lawyers have a certain language which benefits our trade and can alienate others. But once outside of your professional life, the author advises you should make an effort to to step out of your lawyer shoes and converse like a “normal person” in your day-to-day interactions.
Justice Stevens and the virtue of being indifferent to popularity By Hon. Michael B. Hyman Bench and Bar, April 2012 Throughout his nearly 40 years as a judge, John Paul Stevens adhered to judicial neutrality by following the principle he expressed at the CBA luncheon almost 38 years ago, “it is the business of judges to be indifferent to popularity.” And in so doing, he became one of the most popular justices of our era.
1 comment (Most recent April 5, 2012)
Keys to active longevity By Joseph N. DuCanto Senior Lawyers, June 2012 Formulated after years of experience and consideration, the author shares his list of what may have contributed to his long life.
1 comment (Most recent June 13, 2012)
Latin America starts to sharpen its competition laws By Francisco Ribeiro Todorov, Tulio Freitas do Egito Coelho, Adriana Franco Giannini, Raymundo Enriquez, Reynaldo Vizcarra, & Luis Amado Cordova March 2012 The new Brazilian and Mexican laws passed this year exemplify Latin America's desire to reform anti-competitive conduct in the region.
Law Day 2012 – “No Courts, No Justice, No Freedom” By MIchele M. Jochner Bench and Bar, May 2012 The American Bar Association (ABA) chose this year's Law Day theme as a result of the disturbing findings contained in a 2011 report prepared by the group’s Task Force on the Preservation of the Justice System, which highlights the serious consequences of cutbacks in court funding and causing many state courts to decrease staff, increase fees and/or curtail operations. 
Law firm partner compensation: Two-attorney firm By John W. Olmstead Law Office Management and Economics, Standing Committee on, May 2012 The author addresses a question he recently received concerning partner compensation in a newly minted two- attorney firm.
Law firm retreat: A cornerstone to your strategic and competitive business model planning process By John W. Olmstead Law Office Management and Economics, Standing Committee on, June 2012 The Firm Retreat is becoming the most widely used forum being used by law firms to facilitate longer-range strategic planning.  
“The law of the case” in complex administrative appeals: A comment on People ex. rel. Madigan v. Illinois Commerce Commission By William A. Price Administrative Law, June 2012 If the substantive legal issues in an administrative appeal have already been decided in a case that can be shown to be “ part of the same proceedings,” then collateral estoppel and “law of the case” may end the judicial process.
Lawful permanent resident aliens: Is there a right to return? By Patrick M. Kinnally International and Immigration Law, March 2012 The decision in Vartelas v. Holder should be of substantial significance to lawful permanent resident aliens who long ago may have committed crimes which made them excludable or deportable from the United States.
Lawlor v. North American Corporation of Illinois: The Illinois Supreme Court recognizes the Tort of Intrusion upon Seclusion and speaks again on punitive damages By Richard L. Turner Civil Practice and Procedure, December 2012 Activities such as opening private and personal mail, searching a person’s safe or wallet, examining his/her bank account, or using a pretext to obtain telephone records might all give rise to this claim. 
Lawyers and retirement/Oil and water By James Moster Senior Lawyers, February 2012 A look at why lawyers find it hard to retire.
2 comments (Most recent February 8, 2012)
A lawyer’s guide to the DSM IV TR© By Rory Weiler Elder Law, June 2012 The DSM IV TR (“text revision”) is the latest authoritative compilation of categorization and classification of mood, medical and personality disorders affecting human beings.
A lawyer’s guide to the DSM IV TR© By Rory Weiler Family Law, March 2012 The DSM IV TR (“text revision”) is the latest authoritative compilation of categorization and classification of mood, medical and personality disorders affecting human beings.
1 comment (Most recent March 15, 2012)
Lawyers need emotional intelligence By Steven C. Lindberg Law Office Management and Economics, Standing Committee on, June 2012 One leading researcher in the field of psychology has argued that emotional intelligence is twice as important as compared to technical skills and IQ as ingredients of excellent performance. But do we, as lawyers, have what it takes?
The leaky “pay-if-paid” clause: A fluid story of the “ifs” and “whens” of contingent payments By Nicholas J. Johnson Construction Law, December 2012 Subcontractors and contractors would both be well served in making themselves aware of the proper means of creating a “pay-if-paid” clause, and the various ways it might be circumvented.
Legal research advances By Jessica J. Burke Legal Technology, Standing Committee on, January 2012 It is indisputable that technology has become a necessity in legal research. As technology advances it is exciting to imagine how it will further affect legal research.
Legislative update By Phil Milsk & Shayne Aldridge Education Law, October 2012 New public acts concerning education.
Legislative update: Amendments to the law on temporary guardians By Lee Beneze Elder Law, February 2012 Public Act 97-0614, which amends the statutory language of the Probate Act of 1975 as it applied to temporary guardianships, became effective on this first of this year.
Lender liability is alive and well: Bank assessed compensatory and punitive damages for mishandling a Construction Loan By Michael L. Weissman Commercial Banking, Collections, and Bankruptcy, September 2012 The case of Bank of America, N.A. v. Sanjiv Narula, et al. points out the need for lenders to deal fairly with borrowers, especially when a fiduciary relationship has been established.