Section Newsletters

Articles From 2000

The Parent Education Program Child Law, April 2000 The Cook County Juvenile Court Child Protection Division has established an education program for litigants on courtroom events and procedures in child abuse, neglect and dependency cases
Parental responsibility statutes to Illinois law By Stephanie A. Robinson Child Law, October 2000 Compared to parental responsibility statutes of other states and to common law, the parental responsibility statute of Illinois found at 740 ILCS 115/1 et seq., lies in the middle of a continuum, with low, very limited liability at one end and high, very expansive liability at the other end.
Parents have rights too. Illinois’ third party statutes need help to pass the Troxel test By David N. Schaffer Family Law, October 2000 On June 5, 2000, the United States Supreme Court came down with a much-anticipated opinion addressing the issue of third party (including grandparent) visitation rights.
Parkinson serves 15 years as editor Criminal Justice, September 2000 At the June 23, 2000, Awards Luncheon, Donald R. Parkinson was honored for his 15 years of service as editor of the Criminal Justice newsletter.
Passed bills*—91st General Assembly—2000 By Steve Baker Criminal Justice, June 2000 SB 730 Summary: Representation by counsel. In a juvenile proceeding, a minor who was under 13 years of age at the time of the commission of an act that if committed by an adult would be a violation of section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 must be represented by counsel during the entire custodial interrogation of the minor.
Past chair’s column By John H. Maville General Practice, Solo, and Small Firm, April 2000 Most of you are probably familiar with proposed Rule 1.17. This rule would permit the sale of the goodwill of a law practice by a sole practitioner.
“A personal life—it’s about time” By Christopher J. Cummings Law Office Management and Economics, Standing Committee on, June 2000 It's 1:00 in the morning, and I'm too tired to sleep. As I lay in bed tossing and turning, every commitment that I have made for the coming week bubbles to the surface, one at a time.
Physician’s duty to disclose financial arrangements with HMO By John M. Burke Civil Practice and Procedure, May 2000 It is difficult to ignore the raging controversy concerning the liability of Health Maintenance Organizations (HMO) to patients for negligent care or lack of care.
A pilot program By Susan Fayette Hutchinson Family Law, June 2000 As a former domestic relations judge in a quickly growing upstate county charged with making sure that children had safe visits with parents, I was often frustrated by the lack of resources available to the children and me.
Plaintiff’s pre-existing conditions irrelevant absent medical proof causation By John M. Burke Civil Practice and Procedure, October 2000 Under Illinois law when a plaintiff is injured, he or she must show by a reasonable degree of medical certainty that the injury complained of was caused by the accident.
Planning for higher education expenses By Christie S. Kennett Business Advice and Financial Planning, November 2000 Paying higher education expenses can be a daunting task.
Police may not detain driver after the purpose of the traffic stop is concluded By Angela Peters Traffic Laws and Courts, April 2000 In the case of People v. Brownlee, 186 Ill.2d 501, 713 N.E.2d 556 (1999), two officers were on a "special detail" patrol looking for illegal drug activity and illegal weapons. Around 10:00 p.m., Officer Guerrero observed a white car stop in front of an apartment complex.
The politics of political asylum By Mark E. Wojcik International and Immigration Law, December 2000 Political asylum cases can present some of the most emotional disputes in the law. Decisions on asylum petitions will either permit persons to stay in the United States or return them to a place where they might be killed
Pollution control board proposes new procedural rules By Claire A. Manning Administrative Law, July 2000 The Illinois Pollution Control Board (Board) adjudicates environmental cases and adopts environmental standards and regulations for the State of Illinois.
A position on digital signature laws and notarization Business Advice and Financial Planning, November 2000 There is an emerging crisis that has begun to weaken critical consumer protections against document fraud.
Power to make organ donations added to health care power of attorney By John F. Erbes Elder Law, June 2000 The Statutory Short Form Power of Attorney for Health Care has been amended by P.A. 91-240, effective January 1, 2000 to allow individuals to make an anatomical gift part of their health care power of attorney and authorize the agent to effectuate the organ donation.
Practical aspects concerning the creation of air parcels By Richard F. Bales Real Estate Law, February 2000 For more than thirty-five years Illinois real estate attorneys have worked with the Illinois Condominium Property Act as an alternative to the plat of subdivision.
Practice aid for deed preparation By Paul A. Meints Agricultural Law, November 2000 Preparing deeds for clients is a common event for nearly every member of the Agricultural Law Section.
Practice alert By James F. Dunneback General Practice, Solo, and Small Firm, August 2000 The General Assembly recently amended the Illinois Power of Attorney Act. The amendments, which are significant, became effective for all durable powers of attorney executed on or after June 9, 2000.
Practice and procedure before the attorney registration and disciplinary commission Government Lawyers, November 2000 In 1973, the Illinois Supreme Court enacted Rule 751, creating the Attorney Registration and Disciplinary Commission ("ARDC" or "the Commission") to exercise administrative supervision of the registration and discipline of members of the Illinois bar.
Practice reminder: simple wills—tricky issues By Babette L. Brennan General Practice, Solo, and Small Firm, September 2000 From time to time many general practitioners, prepare "simple" wills for "small" estates.
Practice trap: Baby Richard turns mischievous? By Terrence M. Madsen General Practice, Solo, and Small Firm, December 2000 Has "Baby Richard" created jurisdictional land mines outside of the Adoption Act that could affect the integrity of sound and secure relationships developed pursuant to the Parentage Act?
Practitioner’s guide to provisional patent applications By Emily Miao Intellectual Property, May 2000 Nearly five years ago, GATT-related changes to U.S. patent law led to the creation of the U.S. provisional patent application ("PPA").
Preparing your client for financial mediation By Don C. Hammer & Debra Sudduth Alternative Dispute Resolution, February 2000 Your client may have chosen financial mediation for a variety of reasons: privacy, speed, cost, the inherently cooperative nature of mediation, etc.
Preparing your clients for parenting mediation: The mediator’s perspective By Don C. Hammer & Debra Sudduth Alternative Dispute Resolution, March 2000 What is mediation? Mediation is a process for solving problems and resolving disputes, during which a trained, neutral mediator facilitates communication, encourages the parties to explore options and alternatives, and helps the parties work toward agreements.
Print resources Alternative Dispute Resolution, October 2000 Bargaining for Advantage is a new book covering goal-oriented bargaining and negotiations based on Professor G. Richard Shell's executive training program.
Print resources Alternative Dispute Resolution, March 2000 Mediation Practice Guide, Bennett G. Picker. A handbook for resolving business disputes. 159 pages, $27.95, Pike & Fisher Inc.
Private companies must permit nonunion employees predisciplinary hearings By Elaine Massock Labor and Employment Law, September 2000 On July 10, 2000, the National Labor Relations Board (NLRB) decided a case called Epilepsy Foundation of Northeast Ohio, applying what is known as the "Weingarten rule" to employees in non-unionized workplaces.
Private investigators in work place invade employee privacy By Michael R. Lied Labor and Employment Law, September 2000 K-Mart Corporation operates a distribution center in Manteno, Illinois. The company experienced theft, vandalism, and sabotage and had concerns about the sale and use of drugs at the center.
Procedural glitch concerns agricultural lenders By Joseph P. Chamley & James W. Evans Commercial Banking, Collections, and Bankruptcy, March 2000 With changes in Article 9 effective January 1, 1998, certain agricultural-related continuation statements (UCC-3's) which were previously required to be filed with the county recorder's office must be filed with the Illinois Secretary of State's UCC Division.