Section Newsletters

Articles From 2008

From the Editor . . . By Anthony J. DelGiorno Elder Law, May 2008 It was a pleasure to serve as editor of the Elder Law Section Council’s Newsletter during the 2007-08 year.
From the editor By James K. Weston, Sr. Mineral Law, March 2008 A message from Editor James K. Weston, Sr.
From the Magna Carta to Lincoln… words to guide us in the 21st Century By J.A. Sebastian Bench and Bar, July 2008 Lincoln’s words are one of seven quotations carved in concrete at the entrance to the Southern Illinois University School of Law in Carbondale.
Frye on HGN—Part I By Edward M. Maloney Traffic Laws and Courts, September 2008 Everyone in the DUI field knows that the Supreme Court, in People v. McKown, ordered a Frye hearing on whether the HGN test had been generally accepted as a reliable indicator of alcohol impairment.
Full-time employee’s overtime to be included in average weekly wage calculation when less than 40 regular hours are worked in a week By Christopher K. Triska Workers’ Compensation Law, December 2008 Based on the finding in Airborne Exp., Inc. v. Illinois Workers’ Compensation Com’n, we have all grown accustomed to simply ignoring and excluding overtime wages indicated in wage statements when the overtime is not mandatory or a consistent part of an employee’s work week. Airborne Exp., Inc. v. Illinois Workers’ Compensation Com’n, 865 N.E.2d 979 (1st Dist. 2007).
Gender as a factor in international peacekeeping: The status of women in international conflict resolution By Jessica O’Brien Alternative Dispute Resolution, June 2008 While the status of women here in the United States seems to be continually improving, that is not to be said for the international community at large.
General overview of hotel acquisitions in Illinois By Tal Izraeli Real Estate Law, January 2008 An overview of the many issues unique to hotel deals as opposed to a “vanilla” real estate deal. 
General principles of trial witness disclosure under Supreme Court Rule 213 By Daniel P. Wurl Tort Law, January 2008 This article will focus on general principles of Rule 213 trial witness disclosure, testimony at trial, and appellate review as set forth in appellate court cases that have been decided in the last five years since the Supreme Court made major modifications to Rule 213 in 2002.
Gertz Award winner guided by voices By Sean O’Brien Human and Civil Rights, November 2008 Doug Cassel, winner of the 2008 Elmer Gertz Award, remembers the day in 1964 when he decided to become a lawyer.
“Gross errors of law” under the Arbitration Act By Jon Gilbert Alternative Dispute Resolution, April 2008 The Seventh Circuit’s recent decision in Edstrom Industries, Inc., v. Companion Life Insurance(No. 06 C 964)( February 11, 2008) suggests that ADR practitioners take a close look at vacating awards based on “gross errors of law”, a legal argument which now appears to be a moving target. First, some background.
Group offers to multiple plaintiffs: When that dog won’t hunt By Peter R. Coladarci & Elena Martinez Tort Law, December 2008 In an injury case with multiple plaintiffs, it is not unusual for the defendant to make an undifferentiated offer to the group, and let the plaintiffs and their lawyers sort out the appropriate allocation of the amount offered.
The growing epidemic of elder abuse: Recommendations for proactive judicial solutions By Judge Patrick T. Murphy Elder Law, May 2008 Financial abuse of the elderly is becoming a national epidemic. Because of the advances in medical science and our knowledge of healthier approaches to life, we are living longer.
Guantánamo in the Supreme Court … Again By Marc Falkoff Human and Civil Rights, April 2008 Boumediene v. Bush is the latest of the Guantánamo detainee cases to make it to our nation’s highest court, and it will be the third time that the Justices take a metaphorical tour of Guantánamo in order to sort out some fundamental issues concerning our country’s dedication to the rule of law in the age of terror. 
Guardianship and Electroconvulsive Therapy (ECT): Legislative update By Charles P. Golbert Elder Law, February 2008 In May 2007, this newsletter published an article addressing various issues related to guardianship2 and electroconvulsive therapy (ECT).
Guidelines for buyer’s review of new construction contracts By David Vlcek Real Estate Law, June 2008 While no two new construction contracts are the same, there are enough similarities in new construction contracts commonly used in Illinois to make it possible to provide a set of concrete notes and suggestions to lawyers representing buyers.
“Guitar Hero” – Do the claims catch more than just air? The patent license fights surrounding a popular video game By Margo Lynn Hablutzel Intellectual Property, July 2008 Although Gibson had licensed the look of its guitars and other trademarks for use with the game, Gibson apparently claimed that until the controllers failed to work, it did not realize that the equipment mimicked not only the form, but the technology. 
Handbills, soliciting, and the First Amendment By John H. Brechin Local Government Law, September 2008 The lesson of Horina v. City of Granite City is that any regulations on solicitation or other First Amendment activities must be solidly based in fact and law.
Handling settlement conferences with pro se litigants represented by appointed-counsel under the Settlement Assistance Program and why you should care By Devlin J. Schoop Federal Civil Practice, September 2008 On November 6, 2006, by a General Order of the Court, James F. Holderman, Chief Judge of the U.S. District Court for the Northern District of Illinois, implemented a court-wide program authorizing both district and magistrate judges to appoint counsel to pro se litigants on a limited basis in settlement conferences.
Happenings By Alyssa Vincent Alternative Dispute Resolution, December 2008 Recent updates of interest to ADR practitioners.
Happenings By Jillian Ruggiero Alternative Dispute Resolution, October 2008 Recent updates of interest to ADR practitioners. 
Happenings By Kurt Kamrath & Ashley Crettol Alternative Dispute Resolution, June 2008 Florida recently passed a bill that requires parties in homeowner’s association disputes to attempt mediation or arbitration prior to filing suit.
Happenings By Ashley Crettol Alternative Dispute Resolution, May 2008 An amendment to the Financial Industry Regulatory Authority (FINRA) arbitration rules was approved by the Securities and Exchange Commission.
Happenings By Kurt Kamrath Alternative Dispute Resolution, April 2008 Recent developments in alternative dispute resolution.
Happenings Alternative Dispute Resolution, January 2008 The House of Representatives has just passed legislation that will give state officials the authority to compel FEMA to take part in mediations surrounding conflicts over claims to the national flood insurance program following a natural disaster.
A happy marriage: Divorce and estate planning By Katarinna McBride Trusts and Estates, October 2008 Upon divorce, it is common for one spouse to pay alimony, modernly referred to as spousal support, to the other spouse.
Have you created a privacy policy? By David Clark Legal Technology, Standing Committee on, October 2008 With more and more information gathered electronically, everybody needs to consider a privacy policy.
Have you received your economic stimulus payment? Retirees, disabled veterans and low-wage workers still have time to file By Kristi Vetri Elder Law, September 2008 As of June 2008, the IRS had issued 76.1 million payments worth $63.8 billion based on 2007 tax returns processed so far. The agency expects to issue 124 million payments to Americans by year’s end.
He said, she said: Handling uncorroborated allegations of sexual harassment By Richard A. Russo Labor and Employment Law, June 2008 While most of the general principles and steps for conducting an effective sexual harassment investigation apply to investigations involving uncorroborated allegations, there are a few additional issues that an employer should consider.
Health Savings Accounts: One option for small firms when a group health plan is unaffordable By Julie A. Neubauer Women and the Law, December 2008 As this election year comes to a close we have repeatedly heard the ideas and plans of politicians for how to improve the current health care crisis that millions of Americans now face.
Health-care associated infections in hospitals Health Care Law, June 2008 Editor’s Note: Health care quality is an area of increasing concern for hospitals and other providers. Beginning October 1, Medicare will not pay hospitals for certain events that are the result of avoidable mistakes. Included among such events are various infections and pressure ulcers.