Articles From 2015

When the term “shall” is directory: The Illinois Supreme Court reinforces the presumption that statutory language that issues a procedural command to a government official is directory, rather than mandatory By Barbara Goeben Government Lawyers, June 2015 In light of these decisions, a trial court litigator must consider prejudice when arguing about a procedural violation of a statute. Further, appellate attorneys should also consider this precedent in defending an alleged procedural violation by a governmental official.
Whistling Dixie not the smartest trial strategy, nor racially sensitive, nor consistent with due process and equal protection By Paul J. Glaser Diversity Leadership Council, June 2015 Prosecutors say the darnedest things in closing arguments, and sometimes those things amount to reversible error.
Who do you think you’re dealing with? Implied contracts and the Illinois Mechanic’s Lien Act By Adam B. Whiteman Real Estate Law, January 2015 Recent cases demonstrate the importance of not only describing your client’s entity on your lien claim, but also accurately identifying the entity with whom your client contracted. But beware: This is not always as simple as it seems, especially when the entity with whom you contracted is no longer in business.
Who has standing to bring a lawsuit when a public body’s computers are stolen? By John M. Redlingshafer Local Government Law, November 2015 The Maglio v. Advocate Health and Hospitals Corporation case is instructive to those who travel with laptops, tablets, or other devices that can be left behind, stolen, or otherwise misplaced.
Who would win—Foreclosure statute vs. Probate Act By Nathan B. Hinch Trusts and Estates, November 2015 Perhaps the Probate Act “won” this initial round, but did the foreclosure laws really “lose” in LaPlume? Not necessarily.
Who would win—Foreclosure statute vs. Probate Act By Nathan B. Hinch Real Estate Law, November 2015 Perhaps the Probate Act “won” this initial round, but did the foreclosure laws really “lose” in LaPlume? Not necessarily.
Who would win—Foreclosure statute vs. Probate Act By Nathan B. Hinch Commercial Banking, Collections, and Bankruptcy, October 2015 Perhaps the Probate Act “won” this initial round, but did the foreclosure laws really “lose” in LaPlume? Not necessarily.
Who would win—Foreclosure statute vs. Probate Act By Nathan B. Hinch Construction Law, September 2015 Perhaps the Probate Act “won” this initial round, but did the foreclosure laws really “lose” in LaPlume? Not necessarily.
Why 2? Won’t 1 do? By Hon. Julie-April Montgomery, (ret.) State and Local Taxation, June 2015 On January 1, 2014 two separate agencies started hearing disputed tax notices—the Illinois Department of Revenue’s Administrative Hearings unit and the Illinois Independent Tax Tribunal.
Why do pro bono work? By James A. Clark & Edward Casmere Bench and Bar, September 2015 A look at some of the reasons to provide pro bono work.
Why the U.S. Supreme Court should rule states, not courts, should determine if same-sex marriage is a right within individual states By Kathryn E. Eisenhart Human and Civil Rights, May 2015 If the U.S. Supreme Court determines that the federal courts have the last word on whether same-sex couples have the right to marry in any given state, then it is overruling the 2013 decision in U.S. v. Windsor.
Winston and Lockett: The legacy continues By Carl R. Draper Administrative Law, May 2015 Two of the most important decisions to understand have been specifically identified as potential traps for the unwary when filing a complaint under the Administrative Review Law.
Women of the 18th Floor: Cook County Probate Division By Emily A. Hansen Women and the Law, February 2015 The 18th floor of the Richard J. Daley Center is dedicated solely to the Probate Division, where the majority of the 11 judges and many of the attorneys who practice are female. In this article the author interviews two associate judges and an attorney who work here—all women—to inspire other females in the legal profession and draw even more women to probate law.
Words and phrases index of cases Insurance Law, November 2015 A list of the cases in this issue, organized by subject.
Words and phrases index of cases Insurance Law, September 2015 A list of the cases in this issue, organized by subject.
Words and phrases index of cases Insurance Law, June 2015 A list of the cases in this issue, organized by subject.
Words and phrases index of cases Insurance Law, April 2015 A list of the cases in this issue, organized by subject.
Workplace wellness programs draw scrutiny from the EEOC By Michael K. Chropowicz & Ronald J. Passarelli Corporate Law Departments, May 2015 While the purported benefits to employers of maintaining wellness programs may be clear, uncertainty regarding the legality of such programs appears to be increasing.
Workplace wellness programs draw scrutiny from the EEOC By Michael K. Chropowicz & Ronald J. Passarelli Labor and Employment Law, March 2015 While the purported benefits to employers of maintaining wellness programs may be clear, uncertainty regarding the legality of such programs appears to be increasing.
The world keeps changing—Or does history repeat itself? By Carl R. Draper General Practice, Solo, and Small Firm, September 2015 A look at the recent developments regarding palimony.
1 comment (Most recent September 16, 2015)
Wrongful death actions: The statute of limitations for a legally disabled plaintiff By Julie Klein & Brian LaCien Tort Law, September 2015 Looking to Illinois precedent and a recent case in the Northern District of Illinois, this article discusses whether the statute of limitations will bar a legally disabled plaintiff from filing an otherwise untimely claim under the Wrongful Death Act.
The year ahead By Margery Newman Construction Law, July 2015 A message from new Chair Margery Newman.
YLD holds 2015 Bean Bag Tournament By Bryan Wilson Young Lawyers Division, June 2015 A big thank you to all the sponsors, supporters and attendees who helped make this fundraiser a success!
YLD to host a wine tasting and networking event this February By Erin Wilson Young Lawyers Division, February 2015 Save the date-- Feb. 27, 2015-- for this event that's sure to be informative and fun!
YLD’s Day at the Races Young Lawyers Division, October 2015 Photos from the YLD's recent outing.
YLD’s wine tasting event a success! By Erin Wilson & Sarah Moravia Young Lawyers Division, April 2015 The Illinois State Bar Association’s Young Lawyer’s Division recently hosted its first—and hopefully annual—Wine Tasting Event at the ISBA offices.
Young v. CES, Inc. By Paul B. Porvaznik Construction Law, February 2015 In October 2014, the Second District expanded on the Illinois Mechanics’ Lien Act’s substantive and timing requirements and also examined Illinois agency law and discussed what services are and aren’t lienable in Young v. CES.
Your law review submission was rejected. Now what? By Marie K. Sarantakis Young Lawyers Division, August 2015 The author provides three simple avenues to publish your research after receiving a rejection letter.

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