Articles From 2013

Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff Administrative Law, December 2013 Read more about this important program and sign up to become a mentor today!
Message from the Chair By Scott D. Pollock International and Immigration Law, October 2013 A message from Section Chair Scott Pollock.
Message from the Chair By Scott D. Pollock International and Immigration Law, September 2013 A message from Section Chair Scott D. Pollock.
Message from the Chair By Kristi Vetri Elder Law, September 2013 A message from Section Chair Kristi Vetri.
Message from the Chair By Scott D. Pollock International and Immigration Law, July 2013 A message from Section Chair Scott Pollock.
Message from the Chair By Anne M. Skallerup International and Immigration Law, April 2013 A note from Section Chair Anne M. Skallerup.
The (mine)field of mineral conveyancing By John C. Robison, Jr. Mineral Law, October 2013 A synopsis of the recent case of Department of Natural Resources v. Waide and a look at its consequences.
More things you never learned in law school By Bradford L. Bennett Young Lawyers Division, April 2013 The following are some suggestions a new attorney may find helpful that are not unique to any particular area of law, but those that the author wishes he had known before starting his career.
Move outside of your comfort zone By Janice L. Boback Women and the Law, May 2013 The author shares her experience after recently taking on a case outside of Illinois.
A move towards a more fair division: Envisioning a new Illinois Fence Act By A. Bryan Endres & Lisa R. Schlessinger Agricultural Law, March 2013 This article describes fence law models applied in major agricultural producing states, examines the current Illinois statute and case law, and recommends, based on economic efficiency principles, revising the Illinois Fence Act to reflect modern land use practices based on the equitable cost-sharing model adopted by the Missouri Legislature in 2001.
Moving on versus moving forward: The legacy of the Trayvon Martin case By Shira Truitt Women and the Law, August 2013 The commentary generated by the jury decision in the Trayvon Martin case has been interesting, to say the very least.
Municipal bankruptcy: Detroit and its impact on other major cities By Reilly Paul Corporate Law Departments, November 2013 The judgment on Detroit’s bankruptcy is still out, but, negative or positive, the largest municipal bankruptcy in history has certainly changed the way that American cities will handle financial crises now and into the future.
My attorney won’t tell me what I should do! By Curt W. Ferguson Agricultural Law, November 2013 An attorney should not tell you what you want to accomplish, but should advise you how to accomplish your goals. It’s an important distinction to understand.
1 comment (Most recent November 22, 2013)
National Association of Administrative Law Judiciary (NAALJ) Annual Conference to be held in Chicago September 14 – 18, 2013 By Hon. Ann Breen-Greco Administrative Law, July 2013 Save the dates for this popular annual conference!
National policy favoring class arbitration reaffirmed By Mark Rouleau Alternative Dispute Resolution, October 2013 In the intervening period since the Supreme Court decision in Stolt-Nielsen S.A. v. Animal Feeds International, many courts and parties have been left wondering if arbitration on a class-wide basis could ever be sustained. Recently the Supreme Court answered this question preserving arbitration on a class basis.
National policy favoring class arbitration reaffirmed By Mark Rouleau Civil Practice and Procedure, September 2013 In Oxford Health Plans LLC v. Sutter, the United States Supreme Court “reaffirmed the national policy favoring arbitration in relation to class arbitration.”
Navigating Juvenile Court By Bridget L. Schott Child Law, March 2013 An overview of juvenile law, for those attorneys who may be unfamiliar.
Navigating the benefits and potential pitfalls of juror questions under Illinois Supreme Court Rule 243 By Anne Scrivner Kuban & Krista R. Frick Local Government Law, February 2013 The authors discuss their observations of the new rule being used during a recent trial.
The necessary resolution for 2013: Don’t lose sight of the changing VA pension landscape By Zach Hesselbaum Elder Law, February 2013 On October 26, 2012, the VA released its first sweeping change to the VA pension benefit with VA Fast Letter 12-23, regarding “Room and Board as a Deductible Unreimbursed Medical Expense.”
Negotiating terms & conditions for the sale of goods: A seller’s perspective By Tron M. Ross Business and Securities Law, May 2013 This article examines sales of goods from a seller’s viewpoint and proposes that focusing on the issues presented herein will provide “adequate” protection for the selling party.
Nevada foreclosure mediation reviewed by Nevada Supreme Court By Casey Harter Alternative Dispute Resolution, February 2013 In Nevada, the question of the constitutionality of the Nevada Foreclosure Mediation Program is receiving consideration.
New 3M projector technology By David Clark Legal Technology, Standing Committee on, February 2013 A review of the 3M MP410 projector.
The new age of privacy: A surprising amount of personal information may already be available to prosecutors By Patrick T. Driscoll & Douglas N. Marsh Government Lawyers, March 2013 Thanks to the staggering amount of information your cell phone generates, collects, stores, and transmits, even when you aren’t using it, silence has never been more deafening.
New automated opt-out, text message and pre-recorded telemarketing rules to take effect in 2013 By Andrew M. Smith & Julie O’Neill Corporate Law Departments, February 2013 Businesses that engage in telemarketing—including the delivery of text messages that contain marketing content—should assess their practices to determine whether any changes are necessary in response to the revisions to the FCC’s rules.
A new defense to malpractice claims for securities litigators By John R. Schleppenbach Business and Securities Law, June 2013 Securities class action litigators may now defend malpractice actions on the grounds that an award of attorneys’ fees in a class action includes a conclusive determination that counsel’s representation was adequate.
New guidelines on privileged marital communications By Jeffrey A. Parness Civil Practice and Procedure, December 2013 In the recent case of People v. Trzeciak, Justice Theis was "troubled" by the majority's definition of confidentiality, which she found to constitute “a new exception” not found in statute. What was the new exception and will it apply in civil as well as criminal cases?
New Illinois Evidence Rule 502 By Jeffrey A. Parness Bench and Bar, March 2013 Effective January 1, 2013, new Illinois Evidence Rule 502 establishes standards on losses of attorney-client privilege and work-product protection via disclosure.
New Illinois Evidence Rule 502 By Jeffrey A. Parness Administrative Law, March 2013 Effective January 1, 2013, new Illinois Evidence Rule 502 establishes standards on losses of attorney-client privilege and work-product protection via disclosure.
New Illinois Evidence Rule 502 By Jeffrey A. Parness Civil Practice and Procedure, January 2013 Effective January 1, 2013, new Illinois Evidence Rule 502 establishes standards on losses of attorney-client privilege and work-product protection via disclosure.
The new Illinois Independent Tax Tribunal By Tracy Douglas Administrative Law, April 2013 An overview of the new state agency, which will be up and running on July 1st of this year.