Section Newsletters

Articles From 2008

Section Council at British consulate International and Immigration Law, November 2008 For many years, the International and Immigration Law Section Council of the ISBA has held some of their meetings at foreign consulates and have had representatives of the foreign consulates participate in other meetings and programs.
Section Council meets with Consuls International and Immigration Law, August 2008 For the past few years, the International and Immigration Law Section Council has been specifically looking at the issues related to the requirement under the Vienna Convention that if a foreign national is arrested, or otherwise detained, their consulate should be notified.
Section Council news By William A. Price Administrative Law, November 2008 News of interest to Administrative Law practitioners. 
Section members promote careers in international law By David W. Austin International and Immigration Law, January 2008 Advising our students on how to pursue a career in international law is a hard task, but one that our Section Council members have taken to heart as part of our mission to inform the general public about this area of the law.
Selected insurance legislation in the 95th General Assembly Insurance Law, June 2008 Construction Safety Act of 2008, aka, “Structural Work Act Reenactment.” Opposed by both the construction and insurance industries which have engaged a massive lobbying effort to kill it.
Senators introduce bill in Congress to combat violence against girls and women on a global level By Sharon L. Eiseman Women and the Law, January 2008 On November 1, 2007, Senators Joseph Biden (D-DE) and Richard Lugar (R-IN) introduced in the Senate the International Violence Against Women Act, closely modeled on the VAWA enacted by Congress in 1994 and recently re-authorized.
Senior Lawyers and CLE Programs Senior Lawyers, March 2008 From the great minds of seasoned lawyers, the Senior Lawyers Section Council has been brainstorming on pertinent topics for the aging lawyer for the CLE department.
Seventh Circuit Court of Appeals judge explains principles applied to review of administrative decisions By Andrew Creighton Administrative Law, April 2008 On March 10, 2008 Judge Diane P. Wood of the Seventh Circuit United States Court of Appeals addressed the Administrative Law Judges Committee of the Chicago Bar Association regarding appellate review of administrative law judges’ decisions.
Seventh Circuit overturns arbitration decision based on failure to specifically adhere to state substantive law By Howard Z. Gopman Business and Securities Law, April 2008 In Edstrom Industries, Inc. v. Companion Life Insurance Company the Seventh Circuit Court of Appeals took the unusual step of overturning an arbitrator’s decision on the basis that the arbitrator failed to apply specific substantive law.
SEVIC Systems AG: Cross-border mergers come under the European Right of Establishment By Jan Lasak International and Immigration Law, January 2008 In 2006 the European Court of Justice delivered a breakthrough judgment in the  SEVIC Systems AG case.
“Shell bills” and the legislative process By Lee Beneze Elder Law, May 2008 As we approach the end of the current General Assembly session, various legislative maneuvers to move or block legislation can occur.
A short note on the market of opportunities By Katarinna McBride Trusts and Estates, October 2008 With stock prices bottoming out, this may be a great opportunity to make annual exclusion gifts of publicly traded stock.
Short sales: a primer By Gary R. Gehlbach Real Estate Law, March 2008 With the housing market severely distressed in some areas and mortgage foreclosures at record highs, the role of the real estate attorney has expanded.
Should a utility company be responsible for property taxes on a utility easement? By Francis W. O’Malley Real Estate Law, February 2008 Most properties are encumbered by easements of utilities or regulated entities, such as gas, power or telecommunications easements.
Should the FDA’s approval of medical devices preempt state court products liability suits? By John J. Holevas Federal Civil Practice, June 2008 Article VI, Clause 2 of the United States Constitution, commonly known as the Supremacy Clause, establishes the Constitution, federal statutes, and U.S. Treaties as “the Supreme Law of the Land.”
Should your LLC make an S election to save on social security and Medicare taxes? By Tracy J. Nugent Business and Securities Law, December 2008 Many factors are relevant in making the decision to elect S corporation tax status for an LLC, including whether the LLC qualifies to make the election, whether the LLC is likely to own, sell or refinance appreciating property, obtaining basis for loans to the LLC, the ability to adjust the LLC’s basis in it assets, and whether special allocations of income and expense items may be involved.
So you want to be a mediator? (Or, a better one?) By Robert E. Wells, Jr. Alternative Dispute Resolution, January 2008 Susan wanted to be a mediator. She had been a judge for 19 years and planned to retire the next year.
Software Trial Agreement Corporate Law Departments, December 2008 A sample agreement for software trial.
SOL vs. Nolle? What is the difference? The Ferguson Formula By Sean D. Brady Traffic Laws and Courts, December 2008 What is the difference between a criminal case that is stricken with leave to reinstate (SOL’d) and a criminal case that is nolle prosequied?
Special issue in memoriam of MATTHEW A. MALONEY By Donald A. LoBue General Practice, Solo, and Small Firm, January 2008 The Bar Association lost a good friend when Matt Maloney of Princeton, Illinois passed on December 25, 2007.
Sports figures reclaim and protect their names (but Larry Bird really did sleep here!) By Margo Lynn Hablutzel Intellectual Property, July 2008   In 1985, six years after Dick Butkus was elected to the Pro Football Hall of Fame, the Butkus Award was created by a group of sports fans in Florida to honor the best linebacker in college football each year. Twenty-two years later, Butkus sued.
A square peg in a round world By Sonni Choi Williams Racial and Ethnic Minorities and the Law, June 2008 When Deb Walker called me and asked me to speak at the Celia M. Howard Fellowship Luncheon on the topic of diversity, I was immersed in diversity issues because I was helping the ISBA’s Task Force on Diversity launch a statewide Diversity Survey and I had diversity pouring out of me.
A square peg in a round world By Sonni Choi Williams Diversity Leadership Council, June 2008 I am a square peg in a round world, but I have many different ideas to offer, many different ways to look at problems, and offer diversity in a round world.  
State Automobile Mutual Insurance Company v. Habitat Construction Company By Bruce Lichtcsien Insurance Law, June 2008 Construction accidents have historically provided fertile ground for civil litigation.
State Board of Education news: ISBE advice to the field By Darren Reisberg Education Law, December 2008 School administrators and others are aware that ISBE issues “guidance” in the form of guidance letters, guidance documents, and newsletter articles.
State law limitations on the impact of Leegin By Blake L. Harrop March 2008 In June of 2007, the U.S. Supreme Court overruled a nearly 100-year-old decision in Dr. Miles Medical Co. v. John D. Park & Sons Co.
State legislative update By Phil Milsk Education Law, December 2008 The following measures have either been signed into law in 2008 or could be enacted prior to the conclusion of the current session of the Illinois General Assembly on January 14, 2009.
The State of Illinois Retirement Systems: Funding history and reform proposals Employee Benefits, September 2008 As we go to press, Governor Blagojevich has called the legislature into special session to deal with the budget mess in Springfield. 
A state requirement that voters present photo identification in order to vote does not violate the Fourteenth Amendment By John H. Brechin Local Government Law, June 2008 On April 28th, 2008, the United States Supreme Court in a six to three decision affirmed the trial court and Seventh Circuit Court of Appeals in the case of Crawford v. Marion County Election Board, No. 07-21.
State tax legislation passed by the 95th General Assembly By William Seitz State and Local Taxation, October 2008 Recent legislation of interest to state and local tax practitioners.