Articles From 2012

New power for guardians of the disabled—Filing for dissolution of marriage By Marilyn Longwell & Aurelija Juska Family Law, December 2012 Overturning longstanding case law, the Illinois Supreme Court in Karbin v. Karbin recently held that a plenary guardian may now seek permission from the court to file a dissolution of marriage proceeding on behalf of a ward.
The new Power of Attorney Act, in a nutshell By Eugenia C. Hunter Elder Law, June 2012 Important provisions of the Act.
1 comment (Most recent June 29, 2012)
New rule will allow jurors to submit questions to witnesses in civil trials By Joseph Tybor & Hon. Alfred M. Swanson, Jr. Bench and Bar, April 2012 New Illinois Supreme Court Rule 243 will go into effect July 1, 2012, and on that day Illinois will join more than 25 states and the Federal Courts in allowing jurors to submit questions to witnesses in civil trials.
1 comment (Most recent April 5, 2012)
New Section 31 enforcement procedures By Coty Hopinks-Baul Environmental and Natural Resources Law, March 2012 A detailed description of the enforcement process for practitioners not already familiar with the “Section 31 Process” and a brief discussion of the amendments to the process for those already familiar with it.
A new shield against governmental interference with religious entities By Fred J. Naffziger Human and Civil Rights, October 2012 In its most important religious freedom case in the past four decades, the Supreme Court recently handed attorneys defending religious institutions from governmental interference a significant shield.
A new way of leasing—A looming need for Illinois land owners? By Jeffrey A. Mollet Agricultural Law, March 2012 A list of resources to consider when beginning a land use case.
A new world order: Harvard Professor John Ruggie’s final guiding principles on business and human rights By Michael G. Congiu Business Advice and Financial Planning, April 2012 The final U.N.'s Guiding Principles on Business and Human Rights pose an enormously significant set of parameters upon corporations and signify a critical departure from the historical obligation of states to protect and promote the human rights. According to the Guiding Principles, companies now have human rights obligations that are commensurate and may even exceed the obligations of sovereign states.
“The newlywed game”—Marriage fraud in immigration: Ethical guidance By Jesse Hodierne International and Immigration Law, May 2012 A discussion of marriage-based immigration, the federal laws curtailing and prohibiting marriage fraud, and recommended actions for attorneys who know or suspect their clients are committing marriage fraud in an attempt to circumvent the immigration laws of the United States.
News bulletin issued by the IRS Trusts and Estates, November 2012 The U.S. Department of the Treasury continues to build International support for combating offshore tax evasion and facilitating FATCA implementation  
News from the National Labor Relations Board By Alan M. Kaplan Business Advice and Financial Planning, April 2012 President Obama recently appointed three new members to the NLRB.
News roundup March 2012 Recent updates of interest to antitrust & unfair competition attorneys.
Nightmare on _______ Street: The hidden costs of private streets and reciprocal easements By Adam B. Whiteman Real Estate Law, August 2012 Whenever you detect that a client is purchasing property on a private street, you should immediately determine who is responsible for its maintenance and upkeep.
2 comments (Most recent September 21, 2012)
The nightmare scenario By Michael G. Cortina Real Estate Law, August 2012 Rather than trying to “get one by” the judge and hope that s/he does not notice that we forgot something, we should strive to prove that we have done all that could possibly be required of us and that when we ask for relief from the court the judge will know that we are entitled to such relief.
The nightmare scenario By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, August 2012 Rather than trying to “get one by” the judge and hope that s/he does not notice that we forgot something, we should strive to prove that we have done all that could possibly be required of us and that when we ask for relief from the court the judge will know that we are entitled to such relief.
Ninth Circuit concludes issue of whether FAA’s Section One exceptions apply is nonarbitrable, But… By John R. Schleppenbach Alternative Dispute Resolution, April 2012 Until the Ninth Circuit’s recent decision in In re Van Dusen, no federal appeals court had addressed whether the applicability of the exceptions to the Federal Arbitration Act’s coverage contained in Section One of that statute constituted a “question of arbitrability” that the parties could agree to arbitrate.
NLRB delays employee rights posting By J.J. McGrath Corporate Law Departments, January 2012 Whether or not your company wants to balance the NLRB notice with one of its own is a judgment call, but right now all employers need to be prepared to post the NLRB notice on April 30, 2012.
No need to fear anyone playing to courtroom cameras By Hon. Michael B. Hyman Bench and Bar, May 2012 One fear opponents of courtroom cameras frequently raise is that judges and lawyers will play to the cameras. But studies do not find this happening in states that already allow cameras.
No substitute for substitution standard: Actual prejudice remains the standard to succeed on a Petition to Substitute a Judge for Cause By Angela K. LaFratta Bench and Bar, January 2012 Practitioners and judges alike should be aware that, according to the majority in In re Marriage of O’Brien, a party wishing to obtain a substitution of judge for cause must establish actual prejudice or bias. 
Northern District welcomes Judge John Z. Lee By Daniel Thies Federal Civil Practice, December 2012 An immigrant who came to the United States in 1972 at the age of four, unable to even speak English, Judge Lee rose to become the first Korean American ever to serve as an Article III federal judge in the Northern District.
Not all majority opinion assignment systems are equal By Hon. Michael B. Hyman Bench and Bar, June 2012 The Illinois Supreme Court has long followed a rotation system in assigning majority opinions, which a recent study called “most effective in promoting race and gender equality in opinion-writing assignments.”
The not-so-“personal” means of obtaining a personal deficiency By Hon. Jesse G. Reyes & Abigail Sue Bench and Bar, May 2012 An exploration of the basis for the Metrobank v. Cannatello trial court’s interpretation and application of the Illinois Mortgage Foreclosure Law.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, December 2012 An introduction to the issue from Co-Editors Mary Ann Connelly and Stanley Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, November 2012 An introduction to the issue from Co-editors Mary Ann Connelly and Stanley Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, October 2012 An introduction to the issue from Co-Editors Mary Ann Connelly and Stanley Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, September 2012 An introduction to the issue from Co-Editors Mary Ann Connelly and Stan Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, August 2012 An introduction to the issue from Co-Editors Mary Ann Connelly and Stanley Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, July 2012 An introduction to the issue from co-editors Mary Ann Connelly and Stanley Kaminski.
A note from the co-editors By Stanley R. Kaminski & Mary Ann Connelly State and Local Taxation, June 2012 An introduction to the issue from Co-editors Mary Ann Connelly and Stan Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, May 2012 An introduction to the issue from co-editors Mary Ann Connelly and Stan Kaminski. 
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, April 2012 An introduction to the issue from co-editors Mary Ann Connelly and Stanley Kaminski.