Section Newsletters

Articles From 2008

Statutory Changes, 94th and 95th General Assemblies By William A. Price Administrative Law, August 2008 This review notes revisions to the Administrative Procedure Act, Administrative Review Law, Freedom of Information Act, and Open Meetings Act in the 94th and 95th General Assemblies, based on keyword searches using the words of each of the above act’s titles in the Illinois General Assembly public acts database.
Street risk or positional risk? By Bradford J. Peterson Workers’ Compensation Law, March 2008 Issues of compensability for claims of traveling employees often involve a distinct analysis as compared to other classes of employees. The recent case of Potenzo v. Illinois Workers’ Compensation Commission created a further distinction, not just as to traveling employees, but further applied a concept of positional risk for traveling employees subject to an assault. 
Student discipline hearings By Phil Milsk Child Law, December 2008 The concept of the traditional family, typically a marital union between opposite-sex individuals and their children, is rapidly shifting.
Student discipline hearings By Phil Milsk Child Law, September 2008 Boards of Education in Illinois have the authority to suspend or expel students for “gross disobedience or misconduct” pursuant to Section 10-22.6 of the Illinois School Code. 105 ILCS 5/10-22.6(a).
Subtle changes to House Bill 1826 may result in a more perfect civil union By Jennifer A. Shaw Human and Civil Rights, September 2008 On February 23, 2007, Representative Greg Harris introduced House Bill 1826 – The Illinois Religious Freedom Protection and Civil Union Act.
Summary of recent decisions By Hon. Edward J. Schoenbaum, Jr. Government Lawyers, December 2008 District court did not err in dismissing for failure to state cause of action, plaintiff’s complaint alleging that requirement that he obtain for his independent candidate petition for United States Congress signatures, representing five percent of individuals who voted in prior congressional election, violated his equal protection rights where defendant required less number of signatures in other congressional districts within state.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, December 2008 Recent cases of interest to Administrative Law practitioners.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, November 2008 Recent cases of interest to administrative lawyers.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, October 2008 Recent cases of interest to administrative lawyers.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, September 2008 Recent cases of interest to administrative law practitioners.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, August 2008 Recent cases of interest to administrative law practitioners.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, July 2008 Recent cases of interest to administrative law practitioners. 
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, June 2008 Recent cases of interest to administrative law practitioners.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, May 2008 Recent cases of interest to administrative law practitioners.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, April 2008 Recent cases of interest to administrative law practitioners.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, March 2008 Recent cases of interest to administrative law practitioners.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, February 2008 Recent cases of interest to administrative law practitioners.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, January 2008 Recent cases of interest to administrative law practitioners.
Summary of recent Illinois and 7th Circuit decisions By Raymond A. Fylstra Corporate Law Departments, July 2008 Trial court erred when it granted summary judgment to the owner which paid funds to the general contractor in response to a payment application which listed a balance due to the electrical subcontractor.
Summary of the new proposed ROT (and use tax) regulations as they relate to vehicles—Effective July 1, 2008 State and Local Taxation, August 2008 Recently, the Illinois Department of Revenue has proposed amendments to its existing (1) dealer incentive/rebate rules, (2) drive away vehicle rules and (3) Interim Use Rules. Such rules significantly change how the Illinois Retailers Occupation Tax and Use Tax apply in these areas.
Support mediators Who are candidates for political office Alternative Dispute Resolution, October 2008 The EMPO Project is concerned about excessive partisanship and polarization in politics and government and was established to support the election of mediators and others who publicly advocate interest-based dispute resolution on their campaign Web sites.
Supreme Court Employee Benefits, March 2008 Recent cases decided by the Illinois Supreme Court and of interest to employee benefits practitioners.
Supreme Court analyzes retainer agreements By Willis R. Tribler & Glenn Fischer Bench and Bar, February 2008 The Supreme Court of Illinois has examined and clarified two kinds of retainer payments to lawyers.Dowling v. Chicago Options Associates, Inc., 226 Ill.2d 277, 875 N.E.2d 1012 (2007). 
Supreme Court arguments on the Web By Alfred M. Swanson, Jr. & Joseph Tybor Bench and Bar, February 2008 The Illinois Supreme Court has begun publishing video and audio recordings of oral arguments on its Web site (http://www.state.il.us/court/).
Supreme Court clarifies contact sports exception By Panos T. Topalis Bench and Bar, May 2008 The Supreme Court of Illinois recently examined and clarified the “contact sports exception” to the standard of ordinary care for participants engaged in contact sports.
Supreme Court decision a win for custodial parents and a warning to employers By Christina M. Webb Young Lawyers Division, February 2008 On November 29, 2007, the Illinois Supreme Court held that a $1,172,100 penalty pursuant to Section 35(a) of the Income Withholding for Support Act was constitutional as applied to an Illinois employer who failed to forward income withheld for child support in a timely manner.
Supreme Court denies review in case that leaves families defenseless and without due process By Diane L. Redleaf Family Law, September 2008 It seems like Due Process 101: the State cannot deprive an individual of liberty without any basis and without providing a process by which the deprivation can be challenged.
Supreme Court provides clarification on Supreme Court Rule 216 and its relationship with Supreme Court Rule 183 By Jeffrey D. Frederick Tort Law, January 2008 On September 20, 2007, the Illinois Supreme Court rendered a lengthy decision in Vision Point of Sale, Inc. v. Haas, that had the effect of reversing several Appellate Court decisions and clarifying earlier Supreme Court decisions and sending a strong message to the Appellate Courts and Circuit Courts in Illinois that the Supreme Court, pursuant to the Illinois Constitution, has general administrative and supervisory authority over all courts.
Supreme Court Rule 137 sanctions—Affirmed (DUI case) By J. Brick Van Der Snick Traffic Laws and Courts, February 2008 On November 26, 2007, the Illinois Appellate Court, Second District affirmed the judgment of the Circuit Court of McHenry County in an award of sanctions against the State (McHenry County) after the State filed two (2) notices of motion that violated local court rules and one (1) that was not properly placed on the court call. People v. Stefanski, ___ N.E.2d ___, 2007 WL 4181577, Ill.App.2 Dist., November 26, 2007 (No. 2-06-1176).
Supreme Court Rule 236 and the admissibility of medical records at trial By Stephen C. Buser Civil Practice and Procedure, December 2008 Illinois Supreme Court Rule 236 can be a useful tool for the admission of medical and hospital records into evidence at trial, eliminating the need for a party to spend hundreds or perhaps thousands of dollars to have a medical doctor, nurse or other health care professional testify in court or by evidence deposition to have the records admitted.