Section Newsletters

Articles From 2006

The Gender Violence Act: Civil rights for survivors of rape and domestic violence By Kaethe Morris Hoffer Tort Law, August 2006 In the hands of survivors and their attorneys, the GVA is a tool that can re-write the story of rape and justice.
General Assembly expands IEPA’s powers and public notice duties By Jorge Mihalopoulos Environmental Law, February 2006 On July 25, 2005, Governor Rod Blagojevich signed into law Public Act 94-0314, which makes several amendments to the Illinois Environmental Protection Act (“Act”).
GHERE no more? Certified Testing v. Ind. Comm’n, _ _ N.E.2d _ _ , 2006 WL 3060086 (Ill.App. 4th Dist.) By Brad E. Bleakney Workers’ Compensation Law, December 2006 If there is no discovery in Workers’ Compensation (except the subpoena), do you wonder why then the defense attorney always makes a demand for medical records supporting the claim when forwarding their appearance? The answer is the Section 12 objection, recently known as the Ghere objection.
The gift of fear: What listening to intuition can do for women lawyers By Amie M. Simpson Women and the Law, October 2006 Imagine fear as a gift. Image being able to fine-tune your intuition in such a way that you can anticipate dangerous situations BEFORE they become dangerous...
Going in a different direction By Matt Maloney General Practice, Solo, and Small Firm, November 2006 For many years the General Practice, Solo and Small Firm Section Council has been at the forefront of continuing legal education programs.
Grandparent visitation By Nicole Onorato Child Law, September 2006 Recently, the debate over grandparent visitation rights was once again the focus of Illinois legislators. On July 14, 2006, Public Act 94-1026, which revamped certain provisions of section 607 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/607) relative to grandparent visitation, was approved by the legislature.
Gray market raises concern among U.S. supply chain participants By Frederic Mendelsohn Corporate Law Departments, October 2006 Unlike the “black market,” where transactions are truly illegal, “gray market” transactions may or may not be illegal, but merely “unauthorized” by the manufacturer.
Gross revenue tax: Will Illinois be next? By Stanley R. Kaminski State and Local Taxation, May 2006 Currently, Texas has a Franchise Tax with an Income Tax component somewhat similar to the Illinois Income Tax. Essentially, under this Income Tax component, Texas only taxes the net income of a corporation that is apportioned to Texas.
Grossly disproportional? By Matt Maloney General Practice, Solo, and Small Firm, January 2006 The key language in understanding the opinion in People v. One 2000 GMC is the application of the term “grossly disproportional.”
Hamline University School of Law offers mediation case law project Web site By Steve Mroczkowski Alternative Dispute Resolution, November 2006 “Learning about the mediation process by studying the adversarial opinion that the ADR process was designed to avoid may be ironic, but it can be productive.
Happenings By Kristi Hornickel, Megan Kawa, & Samia Zayed Alternative Dispute Resolution, June 2006 After ruling on a case in which an arbitrator decided to dismiss a case after inferring a one-year statute of limitation from an expired contract, the Fourth Circuit Court of Appeals clarified the conditions under which an arbitrator's decision can be vacated for manifest disregard of the law.
Happenings By Kristi Hornickel, Megan Kawa, & Samia Zayed Alternative Dispute Resolution, April 2006 Consumer arbitration policy has been a hotly contested issue and the New Jersey Supreme Court took center stage in the debate when it heard arguments from two cases in February.
Happenings By Kristi Hornickel & Tracie Hunt Alternative Dispute Resolution, March 2006 The Florida Supreme Court plans to a debate a proposal that, if implemented, would better inform mediation participants about their obligations and the process itself.
Have you appointed an Agent to control the disposition of your remains? By Darrell Dies Elder Law, May 2006 As of January 1, 2006, Public Act 094-0561 amended the Disposition of Remains Act (“D.R.A.”) to allow a specific agent to be named to control the disposition of one’s remains upon death.
Health Care Section presents LAW ED program on April 21 Health Care Law, March 2006 On Friday, April 21, the Health Care Section Council is presenting a Law Ed program, “Medical Malpractice Reform – The Other Side of the Coin.” This half-day program will begin at 9:00 am at the ISBA Regional Office, 20 S Clark Street, Chicago.
Health Savings Accounts (HSAs): Are they the right option for you? Young Lawyers Division, June 2006 In the maze of health care, it’s sometimes difficult to determine what’s right for you. Health Savings Accounts are a relatively new program, and one you should be aware of.
Health Savings Accounts (HSAs): Are they the right option for your client? Elder Law, November 2006 In the maze of health care, it’s sometimes difficult to determine what’s right for your client.
Hearsay in Administrative Hearings—Follow Up By Marc Christopher Loro Administrative Law, July 2006 This is a follow up to an article which appeared in the April 2006 edition of this newsletter titled “The Use of Hearsay in Contested Cases: To be or not to be?”
The high costs of justice: Expanding pro-bono and the community’s responsibility By Hon. E. Kenneth Wright, Jr. Bench and Bar, September 2006 At the heart of a law license is a sense of civil responsibility, a fundamental duty not only toward the law, but to all people and the nation as a whole.
The Hines case—The story behind the story By Steven C. Perlis Elder Law, June 2006 On the surface, the unanimous slip decision in favor of the Probate estate is a victory for Medicaid planners.
Hines v. Department. of Public Aid By Philip E. Koenig Trusts and Estates, November 2006 Beverly Tutinas died in 2001, leaving a house and an automobile.
The Historic Residence Assessment Freeze Law (Residential Properties) By Mary Ann Connelly State and Local Taxation, May 2006 The Historic Residence Assessment Freeze Law, formerly known as the Property Tax Assessment Freeze Program entitles the owner of a landmark residence to real estate tax relief upon completion of a rehabilitation project.
Hospital Director of Nurses suffers stroke while giving speech at physician’s retirement dinner - held compensable By James W. Stevenson Workers’ Compensation Law, June 2006 In Pinckneyville Community Hospital v. Industrial Commission, (Mary Downen) 2006 WL 922220 5th District Appellate Court March 30, 2006, Mary Downen, a Director of Nurses for the Pinckneyville Community Hospital, suffered an intracerebral hemorrhage and stroke while giving a speech at a dinner to honor a retiring physician.
Hospital quality data: CMS needs more rigorous methods to ensure reliability of publicly released data Health Care Law, March 2006 Editor’s note: The quality of care provided by the nation’s hospitals continues to be a matter of major importance.
How to handle an employer’s group health plan lien By Robert T. Park Civil Practice and Procedure, January 2006 As a result of an accident, the plaintiff was injured. He brings a suit in circuit court for negligence. His damages include medical bills that were paid for by his employer’s group health insurance plan. After pursuing discovery, including depositions, the case settles. The health plan asserts a lien for the amount it paid. How should the lawyer handle the employer’s group health plan lien?
How to reduce the real estate taxes on your home By Katherine A. Amari Young Lawyers Division, April 2006 Homeowners may contest their real estate taxes with the local taxing officials; the Cook County Assessor’s Office and the Cook County Board of Review.
How to use the Respondent in Discovery statute to your advantage By Jamie L. Bas Young Lawyers Division, April 2006 One helpful statute that many young lawyers may not be aware of is the respondent in discovery statute, located at 735 ILCS 5/2-402.
HSA/FSA grace period guidance restricts employer options but provides limited transition relief By Sharon R. Cohen Corporate Law Departments, February 2006 In Notice 2005-86, the IRS clarifies the effect of a health flexible spending account (FSA) grace period on health savings accounts (HSAs).
Human Rights Symposium at University of Illinois By Steven Helle Human and Civil Rights, April 2006 The Human Rights Section Council sponsored a symposium on a variety of topics related to human rights on Feb. 24 at the University of Illinois College of Law.
IBA comes to Chicago International and Immigration Law, July 2006 The International Bar Association is holding its 2006 Annual Conference in Chicago September 17-22, 2006.