Articles From 2015

Bar examination scores decline, presenting a challenge for law schools—and for the profession By Daniel Thies Young Lawyers Division, December 2015 The failure of our system of legal education to ensure that prospective lawyers are capable is a problem for the entire profession.
Be (A)ware of Medicare Advantage By Patricia A. Zimmer Insurance Law, June 2015 It may appear to the unwary that this is plain old, run-of-the-mill health insurance. It is not.
Be (A)ware of Medicare Advantage By Patricia A. Zimmer Tort Law, March 2015 It may appear to the unwary that this is plain old, run of the mill health insurance. It is not.
Be aware—An Illinois builder can be liable to subsequent purchasers for a breach of the implied warranty of habitability regardless of a valid waiver in the construction contract with the original purchaser By Richard Guerard Real Estate Law, August 2015 What can a builder do in its agreements to address this issue of liability to subsequent purchasers of a home for the implied warranty of habitability for latent defects?
Become More Efficient by Using a Probate Checklist By Colleen L. Sahlas Trusts and Estates, September 2015 This checklist is designed specifically for uncontested, testate estates in Independent Administration in Cook County, Illinois. With a little tweaking, it can also be used for other counties in Illinois.
2 comments (Most recent September 30, 2015)
Being a young lawyer with kids—Enhancing work-life balance By Joshua D. Herman Young Lawyers Division, June 2015 Some suggestions for a successful "Take Our Daughters and Sons to Work Day."
Beneficiaries beware: Enforceability of spendthrift clauses in bankruptcy after In re: Castellano By Aaron T. Troy Trusts and Estates, May 2015 The Bankruptcy Court’s broad interpretation of the phrase “self-settled trust or similar device” as used in Section 548(e) was rejected. But the Castellano case is still a relevant look into the scope of Section 548(e) and the effectiveness of spendthrift trusts in bankruptcy.
Beware the errata sheet! By Kevin Lovellette & Summer Hallaj Federal Civil Practice, June 2015 A hypothetical scenario that illustrates the type of situation in which a government lawyer may find himself or herself when an opposing party seeks to retrospectively alter the substance of a witness’ original deposition testimony.
Beware the errata sheet! By Kevin Lovellette & Summer Hallaj Government Lawyers, April 2015 A hypothetical scenario that illustrates the type of situation in which a government lawyer may find himself or herself when an opposing party seeks to retrospectively alter the substance of a witness’ original deposition testimony.
Big Brother is watching… your house! By Michael J. Maslanka Real Estate Law, November 2015 Homeowners better not ignore municipality or other local governmental notices regarding code violations, as Big Brother almost always wins.
Bills, Quills and Stills offers something for everyone, but most of all the serious scholar By John Otrompke Human and Civil Rights, September 2015 A review of this new release published by the ABA.
Birthing the baby By Letisha Luecking Orlet Law Office Management and Economics, Standing Committee on, December 2015 The first in a multi-part series of articles that will address the factors to consider when deciding whether or not to go solo.
Book review By Gary T. Rafool Senior Lawyers, October 2015 A review of The Invisible Wall by Harry Bernstein.
Book review By Donald L. Shriver Senior Lawyers, February 2015 A review of The Boys in the Boat by Daniel James Brown.
Book review: Brain Rules and how they can help mediators and arbitrators By Hon. Ann Breen-Greco Alternative Dispute Resolution, April 2015 Brain Rules, by John Medina, is a fascinating look at different aspects of brain function and how recognizing these can affect our daily lives.
Book review: Go Set a Watchman By Gary T. Rafool Senior Lawyers, November 2015 A look at Harper Lee's second published book.
1 comment (Most recent November 18, 2015)
Book review: The Bully Pulpit: Theodore Roosevelt, William Howard Taft, and the Golden Age of Journalism by Doris Kearns Goodwin By Gary T. Rafool Alternative Dispute Resolution, November 2015 The Bully Pulpit is a story of personality, presidency, and the power of the press in bringing about reform.
Book review: The Forgotten 500 By Gary T. Rafool Senior Lawyers, June 2015 This book tells the story of the nearly impossible rescue of more than 500 Allied airmen behind German lines in Yugoslavia in 1944.
BOOK REVIEW: The Littlest Wetback: From Undocumented Child to United States Federal Judge by Manuel Barbosa (State Street Press, Elgin, IL, 2014) By Susan M. Brazas Bench and Bar, January 2015 The title of this newly published book may have caught your attention. The author expected that it would.
BOOK REVIEW: The Littlest Wetback: From Undocumented Child to United States Federal Judge by Manuel Barbosa (State Street Press, Elgin, IL, 2014) By Susan M. Brazas International and Immigration Law, January 2015 The title of this newly published book may have caught your attention. The author expected that it would.
Boosting your online presence through Facebook advertising By Julie Pirtle Young Lawyers Division, December 2015 If your firm does not already have a dedicated Facebook page, you need one--immediately
“Brandi, you’re a fine girl”—Maryland Appellate Court upholds $200,000 non-economic damages verdict in deputy/dog shooting case By Melissa Anne Maye Animal Law, April 2015 In a decision that animal lovers can only hope will soon become common-place, the Court came down in favor of recognizing that pets can be worth more than just their fair market value to their owners.
1 comment (Most recent April 4, 2015)
Breath testing instrument update By Nancy G. Easum Traffic Laws and Courts, September 2015 In accordance with the Testing of Breath, Blood, and Urine for Alcohol, Other Drugs, and Intoxicating Compounds administrative rules found at 20 Ill. Adm. Code 1286, accuracy check records for evidential instruments may be kept in a logbook and/or the instrument’s memory.
Calculation of AWW By Lindsey Beukema Workers’ Compensation Law, February 2015 In R & D Thiel, A Division of Carpenter Contractors of America v. Illinois Workers’ Compensation Comm’n, the Court issued a Rule 23 Order addressing the calculation of average weekly wage using the second method of Section 10.
Can a spouse who occupies a property as his/her residence but is not on title claim a homestead exemption? By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2015 A summary of the recent case of GMAC Mortgage, LLC v. Arrigo.
Can Alabama roll with the rainbow tide? By Heidi Ramos Human and Civil Rights, May 2015 In response to the Supreme Court’s anticipated ruling, Alabama Supreme Court Chief Justice Roy Moore tendered a written order to the state’s probate judges instructing them to refuse to issue same-sex marriage licenses.
Can an early retirement package prior to the attainment of MMI affect your entitlement to temporary total disability benefits and permanent total disability? A case study of: Sharwarko v. Illinois Workers’ Compensation Comm’n, 2015 IL App (1st) 131 By Joseph K. Guyette Workers’ Compensation Law, June 2015 Ultimately, this case will help define when a petitioner has voluntarily retired, and when the refusal to accept a job offer will result in the termination of temporary total disability benefits.
Can dedicated property subject to a mortgage in default be subject to a foreclosure action? By John H. Brechin Local Government Law, September 2015 Plaintiff Republic Bank of Chicago filed two separate complaints against multiple defendants to foreclose on roads and outlots contained in two failed subdivisions located in the Village of Manhattan.
Can the Circuit Court hold commissioners in contempt of court for failing to write a decision in the manner demanded by the Court? By Richard D. Hannigan Workers’ Compensation Law, September 2015 The answer to the title of this article is that the trier of fact and law has the right and power to be wrong.
Can you withdraw your consent to depose a witness? How can you cite a Commission decision as precedent at the appellate court level? By Peter Corti & Megan Kivisto Workers’ Compensation Law, April 2015 It is still not a good idea to cite Commission decisions to the appellate court. However, when faced with an argument that there is “no case law” on an issue when there actually is, you can present it in such a manner to show that, while you are certainly well aware that the unrelated Commission decision has no precedential effect at the appellate level, the Act dictates that it did have precedential effect before the Commission.

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