Section Newsletters

Articles From 2018

Code Revision Commission v. Public.Resource.Org: Copyright of laws and public works By Peter J. Orlowicz Local Government Law, December 2018 Code Revision Commission, State of Georgia v. Public.Resource.Org., Inc. identifies three factors to consider in determining “whether a written work is attributable to the constructive authorship of the People” and, as a result, not copyrightable.
Code Revision Commission v. Public.Resource.Org: Copyright of laws and public works By Peter J. Orlowicz Government Lawyers, November 2018 Code Revision Commission, State of Georgia v. Public.Resource.Org., Inc. identifies three factors to consider in determining “whether a written work is attributable to the constructive authorship of the People” and, as a result, not copyrightable.
Collaborative Process Act takes effect in Illinois By Kaitlin Dohse Wolff Alternative Dispute Resolution, February 2018 The Collaborative Process Act, Public Act 100-205, is one of many new Illinois laws that went into effect on January 1.
Collaborative process and lawyers as “Public Citizens” By Sandra Crawford Alternative Dispute Resolution, February 2018 This article lays out why the dispute resolution model, known as Collaborative Process, helps lawyers achieve all four obligations set out in the Rules of Professional Conduct and how this in turn benefits individual clients and the legal system as a whole.
Colorado ballot measures bring discussion of regulatory takings to the mineral extraction industry and to the electorate By John H. Henderson Mineral Law, December 2018 A summary of two propositions Colorado voters recently voted on, both of which would have an effect on the oil and gas industry.
Comments from the chair By Kathryn E. Eisenhart Human and Civil Rights, October 2018 A note from the chair, Kathryn E. Eisenhart.   
Comments from the Editor By Craig R. Hedin Mineral Law, March 2018 News and updates from Editor Craig Hedin.
1 comment (Most recent March 14, 2018)
Commission interpretations of medical issues in the absence of an expert opinion By Richard D. Hannigan Workers’ Compensation Law, May 2018 The appellate court on numerous occasions has indicated that it will rely on the Illinois Workers' Compensation Commission’s expertise when it comes to medical issues. However, the Commission may not interpret an MRI when that interpretation is not supported by a medical expert's opinion.
Committee approved final draft (042718): Approved by the ISBA Board of Governors and ISBA Assembly June 2018 General Practice, Solo, and Small Firm, November 2018 The final draft of Rule 781, which was approved by the ISBA Board of Governors and Assembly at the Annual Meeting in June 2018.
Comparison of public trust and private rights on the shores of the Great Lakes By Bertram C. Frey Environmental and Natural Resources Law, February 2018 This article provides an overview of how the public trust doctrine has been applied to the shores of the Great Lakes in each of the eight Great Lakes states, and the differences among each state’s public trust jurisprudence.
Conducting a Human Resources Audit: A Primer By Mark A. Spognardi Employee Benefits, June 2018 This primer should prove helpful to all employers that are committed to having solid and lawful employment and labor relations policies and practices.
Conflicting evidence dooms petitioner’s claim for repetitive trauma back injury By Guy R. Spayth, Jr Workers’ Compensation Law, December 2018 A summary of George Campbell v. Illinois Workers' Compensation Commission.
Consequence of accepting a ride to work from co-employee By Erin M. Sievers Workers’ Compensation Law, January 2018 Peng v. Nardi, et. al. is a case in which the Court addresses the exclusive remedy provision of the Workers’ Compensation Act.
Consider the single fund QTIP trust for your clients By Alan E. Stumpf Trusts and Estates, November 2018 An example of a letter that provides a vehicle for presenting a draft of the single-fund qualified terminal interest property marital trust.
Constructing a bridge between the Home Repair and Remodeling Act and the Illinois Mechanics Lien Act By Adam B. Whiteman Construction Law, December 2018 A look at the significance of the Contractor’s Sworn Statement and the Home Repair and Remodeling Act.
Constructing a bridge between the Home Repair and Remodeling Act and the Illinois Mechanics Lien Act By Adam B. Whiteman Real Estate Law, October 2018 The Home Repair and Remodeling Act is a relatively underused consumer protection-oriented statute that seeks to inform homeowners of their rights and responsibilities when engaging a contractor to work on their homes.
Construction legislative status report Construction Law, August 2018 On overview of bills affecting the construction and real estate industries that are awaiting Gov. Bruce Rauner's signature.
Contextual parentage By Jeffrey A. Parness Civil Practice and Procedure, December 2018 A parentage determination can be used in a dispute over child custody/visitation/parental responsibility allocation opportunities, over child support duties, over heirship in probate, or over standing to pursue tort remedies.
Contingent claims: A different take on Vernon v. Schuster By Sherwin D. Abrams Trusts and Estates, March 2018 Might the result in Vernon v. Schuster have been different had the plaintiffs considered a different approach?
The continuing saga of Naruto: The monkey ‘selfie’ case that refused to die By Timothy A. Gutknecht Animal Law, June 2018 The three-year lawsuit over a monkey “selfie” appears to be over, but a judge recently made a sua sponte request for a vote to rehear the case en banc.
Court affirms engineer’s limitation of liability By Werner Sabo Construction Law, December 2018 A federal court in Georgia recently held in U.S. Nitrogen v. Weatherly, Inc. that a limitation of liability provision in an engineer’s contract with the owner was effective and did not violate public policy.
Court annexed mandatory arbitration pointers By Margie Komes Putzler & Steve Tefft Civil Practice and Procedure, December 2018 If you have a case going to mandatory arbitration, here is some basic information that will help demystify the process. 
Court Expands Retaliatory Discharge Tort, Rejects Whistleblower Claim By Michael R. Lied Labor and Employment Law, May 2018 Illinois follows the at-will employment rule, but recognizes an exception when the discharge violates a clear mandate of public policy.
Courts weigh in on judicial notice By Michael R. Lied Federal Civil Practice, December 2018 Summaries of Khoja v. Orexigen Therapeutics, Inc. and In the Matter of Steven Robert Lisse, two recent cases that discuss the concept of judicial notice.
Credit card issuing banks have no common law remedies against a retail merchant with a data security breach By Michael L. Weissman Commercial Banking, Collections, and Bankruptcy, August 2018 The U.S. Court of Appeals for the Seventh Circuit recently handed down a significant decision in Community Bank of Trenton v. Schnuck Markets, Inc., which involved the purported liability of a retail merchant to credit card issuing banks in the face of a data security breach.
The current state of DUI warrantless blood and urine draws By Anisa Jordan Traffic Laws and Courts, June 2018 A case-by-case, totality of the circumstances approach should be employed when blood and/or urine has been taken from a defendant without a warrant in a DUI case.
Curtilage and the Carroll Doctrine Criminal Justice, June 2018 An overview of the U.S. Supreme Court case Collins v. Virginia.
The dangers in using biometrics for authentication By Peter LaSorsa Legal Technology, Standing Committee on, October 2018 A big problem facing many Americans and lawyers is how to properly authenticate a secure website or digital device.
The dangers of bifurcated title policies in residential real estate transactions By Joseph W. Rogul Real Estate Law, April 2018 For those who have not had the pleasure of handling a bifurcated deal, the term refers to a transaction in which two different title insurance companies issue the owner’s and lender’s title insurance commitments and policies.
1 comment (Most recent April 2, 2018)
Data transparency label Intellectual Property, November 2018 Marketing and media trade groups have issued a beta version of a proposed new data transparency label modeled after the nutritional label.