Section Newsletters

Articles From 2006

Negotiation and emotions, not mutually exclusive concepts By Sandra Crawford Women and the Law, October 2006 Negotiation is part of the fabric of your daily lives and the key function of much of work as attorneys, as mothers, as spouses, as committee members, etc.
Never again or always forever? The fate of Africa, specifically the current genocide in Sudan By Sarah Simonson Human and Civil Rights, June 2006 After World War II, the world said “never again.” Never again would the rest of the world stand idly by as a government, theoretically the protectorate of the people, slaughtered millions of its own citizens.
New amendment to Power of Attorney Act strengthens Elder Abuse Program By Lee Beneze Elder Law, June 2006 Language originally drafted by the Power of Attorney Revision Committee of the Elder Law Section Council was signed into law the second week of June.
New Article IX. Child custody proceedings By Susan E. Kamman Family Law, June 2006 An overview of the new 900 series of the Illinois Supreme Court Rules.
New bankruptcy law changes for nonresidential landlords and tenants By Jack H. Tibbetts Commercial Banking, Collections, and Bankruptcy, September 2006 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 became effective October 17, 2005.
New bankruptcy law changes for nonresidential landlords and tenants By Jack H. Tibbetts Real Estate Law, May 2006 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 became effective October 17, 2005.
New court security restrictions in 9th Circuit By J.A. Sebastian Bench and Bar, September 2006 Jodi Pospeschil, reporter for Peoria Journal Star (pjstar.com), recently reported that, beginning September 1, 2006, the chief judge of the 9th Judicial Circuit has banned from the six western Illinois courthouses all cellular telephones, cameras, and video and audio recording devices.
New laws change Fire Pension Fund Board membership and firefighter pension contribution requirement By Michael T. Jurusik Local Government Law, February 2006 A recent amendment to the Illinois Pension Code (Public Act 94-0317) has made drastic changes to the longtime membership of Illinois firefighter pension fund boards.
The new MCLE rules: An overview By Michele M. Jochner Bench and Bar, April 2006 After several years of discussion and debate, the Illinois Supreme Court, on September 29, 2005, adopted new and amended rules requiring all active practitioners licensed in Illinois to comply with a “Minimum Continuing Legal Education” (MCLE) requirement.
The new MCLE rules: An overview By Michele M. Jochner Young Lawyers Division, February 2006 After several years of discussion and debate, the Illinois Supreme Court, on September 29, 2005, adopted new and amended rules requiring all active practitioners licensed in Illinois to comply with a “Minimum Continuing Legal Education” (MCLE) requirement.
The new MCLE rules: An overview By Michele M. Jochner Women and the Law, January 2006 After several years of discussion and debate, the Illinois Supreme Court, on September 29, 2005, adopted new and amended rules requiring all active practitioners licensed in Illinois to comply with a “Minimum Continuing Legal Education” (MCLE) requirement.
The new Section Council Chair—Jim Chipman By Vickie Gillio Administrative Law, July 2006 As I settle into my new position as ex officio, it is my pleasure to introduce to you the newly installed chair of the Administrative Law Section Council, James W. Chipman.
New VESSA rules announced By Michael R. Lied Labor and Employment Law, July 2006 The Victim’s Economic Security and Safety Act (“VESSA”) allows for up to 12 weeks for unpaid leave in a 12-month period to allow employees or household members who are the victims of domestic or sexual violence to take time off to pursue such matters as court hearings, counseling, relocating, and seeking medical or legal services to insure the victim’s safety.
A newly recognized defense to disconnection petitions By David W. McArdle Local Government Law, March 2006 This article is intended to provide direction for municipalities faced with petitioners seeking disconnection from the municipal corporate limits.
News and events By Kristi Hornickel, Megan Kawa, & Samia Zayed Alternative Dispute Resolution, April 2006 MTI is coordinating an effort to elect mediators to public office in the United States and other democracies.
News from the IRS By Sarah Delano Pavlik Federal Taxation, March 2006 Political Campaign Intervention. On February 24, 2006, the IRS released a report on its examination of political activity by tax-exempt organizations during the 2004 election campaign.
NLRB decides successorship issues By Michael R. Lied Labor and Employment Law, September 2006 In Planned Building Services, Inc., 347 NLRB No. 64, the National Labor Relations Board (“Board”) considered what it describes as two significant issues: (1) the appropriate analytical framework to be applied in determining whether an alleged successor employer has unlawfully refused to hire its predecessor’s employees to avoid a bargaining obligation; and (2) the appropriate make-whole remedy when a successor employer discriminatorily denies employment to its predecessor’s employees and violates its duty to bargain by unilaterally setting initial terms and conditions of employment.
NLRB issues major ruling on supervisory status By Keri A. Legg Labor and Employment Law, December 2006 In a major decision just issued, Oakwood Healthcare, the National Labor Relations Board (the “Board”) clarified the guidelines for determining whether an individual is a supervisor under the National Labor Relations Act (the “Act”).
No causal connection for claimant, despite cracked helmet By Michelle L. LaFayette Workers’ Compensation Law, September 2006 In this Rule 23 decision, the Illinois Appellate Court held that a herniated disc was not causally connected to claimant’s work accident based upon a normal CT scan, unrestricted cervical range of motion, considerable gaps in medical care and treatment, and extended performance of full-duty activities.
No workers’ compensation benefits for injury at company-sponsored picnic By Michael R. Lied Labor and Employment Law, September 2006 Allstate Insurance planned a company picnic for July 21, 2000. The picnic occurred on Allstate’s grounds, it was attended exclusively by Allstate employees, and Allstate provided all the materials and equipment.
Noble Ventures Inc. v. Romania—Bilateral investment treaty claim against Romania dismissed By Violeta I. Balan International and Immigration Law, January 2006 Romania won an important arbitration in front of the International Center for Settlement of Investment Disputes (ICSID) on October 12, 2005. See ICSID Case No. ARB/01/11.1
Not speculation or conjecture to rely on similarly situated employees to determine amount claimant would have earned in usual and customary employment By Carol A. Cesaretti Workers’ Compensation Law, September 2006 On July 12, 2006, the Appellate Court, First District, held that it was not speculation and conjecture for the commission to rely on similarly situated employees in determining the claimant’s earnings in her usual and customary employment in calculating a wage differential award. 
A note from the Chair By Rodney C. Slutzky State and Local Taxation, June 2006 It’s hard to believe that my year serving as Chairman of the State and Local Taxation Section Council has passed so quickly.
A note from the co-editor By Stanley R. Kaminski State and Local Taxation, September 2006 In this issue, Fred Marcus and Jennifer Zimmerman review the recent National City Corporation case which involved the timing of when a Protest Monies Act case can be brought in a tax action against the Illinois Department of Revenue.
A note from the co-editor By Mary Ann Connelly State and Local Taxation, August 2006 This edition of Tax Trends features an article by Co-Editor Stanley R. Kaminski entitled “Substantial Tax Penalties Can Be Avoided by the Proper Tax Reporting of Damage Awards and Settlements.”
A note from the co-editor By Mary Ann Connelly State and Local Taxation, May 2006 A special word of thanks to our guest speakers and to all of you who attended the State and Local Taxation’s Seminar on May 19, 2006.
A note from the co-editor By Mary Ann Connelly State and Local Taxation, April 2006 This newsletter features the ISBA Web site. I am amazed at the amount of practitioners who do not utilize this valuable source of information.
A note from the co-editor By Mary Ann Connelly State and Local Taxation, March 2006 This edition of Tax Trends features an article entitled “The Successor Liability Aspects if a Tax Bulk Sales in Illinois” written by Associate Editor, Julie-April Montgomery.
A note from the co-editor By Mary Ann Connelly State and Local Taxation, February 2006 This edition of Tax Trends features an article entitled “What’s In a Word? The Right to Avoid Paying Taxes on Someone Else’s Property is Abolished for Administrative Convenience” written by Associate Editor Mark Davis. Mr. Davis discusses the impact on taxpayers when the legislature changes one word.
A note from the co-editor By Mary Ann Connelly State and Local Taxation, January 2006 This edition of Tax Trends features four recent court decisions reviewed by Timothy E. Moran, Section Council Member of State & local Taxation Section Council.