Section Newsletters

Articles From 2008

Supreme Court settles dispute between appellate districts By Gary R. Gehlbach Real Estate Law, February 2008 As reported in my Editor’s note in the February 2007 issue (Vo. 52, No. 6), the issue of whether a real estate tax proration merges with the deed has depended on the appellate district.
Supreme Court summaries By Gina Matthiesen Business Advice and Financial Planning, December 2008 A.J. Carlson, Inc. (Carlson), a metalworking corporation, had construction contracts with three governmental entities, which required Carlson to obtain performance bonds.
Supreme Court to decide two cases involving Power of Arbitration Agreements By Ashley Crettol Alternative Dispute Resolution, February 2008 There are currently two cases on the Supreme Court docket for the 2007-2008 term which question the power of arbitration clauses.
The surface transportation rides to the rescue By David M. Williams Mineral Law, June 2008 Oil producers in the Illinois Basin oftentimes do not have ready access to a pipeline to transport their produced crude oil.
Survey State and Local Taxation, July 2008 Fill out this survey to help us identify how we can serve you better.
“Tactical gamesmanship” and trial practice: Can it be good advocacy? By Patrick M. Kinnally Civil Practice and Procedure, April 2008 Playing by the rules applies to each party regardless of whether they are on opposite sides of the aisle. If it becomes otherwise, the keystone of those rules will be undermined, thereby making the trial process an also-ran and other than what all litigants, or their counsel, expect.
Taking a leap of faith By Joe Giamanco General Practice, Solo, and Small Firm, September 2008 Ask any solo or founding partner of a new firm what convinced them to take the leap of faith and leave the safety and security of their former employer for the “what if” opportunity of opening a new practice and you are bound to get a wide variety of responses.
Taking adoption out of the closet and into the open By Sean McCumber Child Law, January 2008 When I was younger, I remember many television shows and after-school dramas about the topic of adoption.
Tax increment financing in Chicago By Leslie Hairston Local Government Law, July 2008 In the firsthand experiences of the author, there appear to be several ways in which the City of Chicago, in its practical utilization of TIF, is failing to adhere to this fundamental purpose for the program and actually may be undermining potential economic development in Chicago’s poorest neighborhoods.
Tax law changes pursuant to the Housing Assistance Tax Act of 2008 By Emily R. Vivian Real Estate Law, October 2008 On July 30, 2008, President Bush signed the Housing Assistance Tax Act of 2008 (the “Housing Act”) which provides several important tax law changes, including, in part, a temporary tax credit for first-time homebuyers, a new property tax deduction for people who do not itemize, and a new restriction on the ability of homeowners to exclude from their income the capital gain on the sale of their principal residence.
A tax on real estate transfers pursuant to divorce—In Chicago now and coming soon to a municipality near you!! By Barbara Downs Family Law, November 2008 On October 6, 2008 the City of Chicago Finance Committee voted unanimously to support Alderman Burke’s proposed ordinance to exempt transfers of the marital home pursuant to a divorce or legal separation judgment from payment of the Chicago Real Estate Property Transfer Tax.
A tax on real estate transfers pursuant to divorce—In Chicago now and coming soon to a municipality near you!! By Barbara Downs Family Law, October 2008 We recently had a horrendous case involving the enforcement of the Chicago Real Estate Transfer Tax in an old divorce case. First, some background.
Tax tips for estate planners By Julie Hendricks Trusts and Estates, April 2008 At the helm of another tax season lie opportunities for calmer seas. The following are some areas in which estate planners may find some navigation tips.
Tax trends By David Eldridge State and Local Taxation, December 2008 A compilation of information about certain major bills and other matters considered during 2008 through Veto Session that may be of interest to ISBA State and Local Tax Section members.
Tax-exemption and charity care update By Carolyn V. Metnick Health Care Law, March 2008 Many stories out of Illinois topped the national headlines as several tax-exempt hospitals in central Illinois saw their property tax-exemption challenged and in some cases, revoked or denied.
Tedrick v. Community Resource Center Inc. & the theory of transferred negligence in medical negligence actions By John J. Driscoll Civil Practice and Procedure, January 2008 In Tedrick v. Community Resource Center Inc., et al., the Fifth District Appellate Court recognized a legal duty in a medical negligence action based upon the theories of voluntary undertaking and transferred negligence where Plaintiff-decedent was killed by her mentally ill husband while he was under the psychiatric care of Defendant health care providers. 
Ten strategies for attorneys facing the challenges of diversity By Alice M. Noble-Allgire Racial and Ethnic Minorities and the Law, June 2008 While there is an increasing desire for diversity in the legal profession, diversity brings with it some special challenges for attorneys who transcend the traditional attorney mold.
Ten strategies for attorneys facing the challenges of diversity By Alice M. Noble-Allgire Diversity Leadership Council, June 2008 While there is an increasing desire for diversity in the legal profession, diversity brings with it some special challenges for attorneys who transcend the traditional attorney mold.
Ten tips for pursuing an automotive product liability case By Tony Di Viesti Tort Law, April 2008 This article provides some guidelines to use when deciding whether or not to pursue an automotive product liability case.
Texas courts permits disclosure of arbitration statements in civil suit By Alyssa Vincent Alternative Dispute Resolution, October 2008 In Merlyn Knapp v. Wilson N. Jones Memorial Hospital, Wilson N. Jones Memorial Hospital fired its chief financial officer, Merlyn Knapp.    
Textualism as a touchstone for privately-focused treaty interpretation By Christopher R. Minelli International and Immigration Law, February 2008 Curtis J. Mahoney argues in his student note, Treaties as Contracts: Textualism, Contract Theory, and the Interpretation of Treaties, that courts should apply interpretive techniques to treaties similar to relational contracts because of historical and normative reasons.
Thank Yoo and Judge (Mostly Getting a Free Pass) Bybee By Brian Tamanaha Human and Civil Rights, June 2008 Thank them for what? For effectively bringing home three essential lessons about the rule of law:
Thank you for 37 years of editorial work on the Administrative Law Newsletter, Paul By J.A. Sebastian Administrative Law, August 2008 Newsletter editor Paul Freehling has served as the first and only editor of this fabulous newsletter since 1971.
This is no one-trick pony—Microsoft’s OneNote digital notebook By Nerino J. Petro Legal Technology, Standing Committee on, July 2008 Microsoft Office OneNote is not a one-trick pony.
The threat is real—The fight for limited liability in Illinois By Derek P. Usman Business and Securities Law, April 2008 The statutory provisions providing limited liability to shareholders of Illinois business entities were undermined recently when the Illinois Supreme Court endorsed “direct participation” as a viable theory of tort liability under Illinois law
The three standards of review and procedural default on administrative review By Bernard Z. Paul Administrative Law, July 2008 Cinkus v. Village of Stickney Municipal Officers Electoral Board et al concerns a challenge to Cinkus’ nomination papers heard before the municipal electoral board.
Time-out for Talty By Robert Iverson Trusts and Estates, February 2008 In Talty v. Talty, decided in October of 2007, the Third District Appellate Court delivered a forceful message to self-interested fiduciaries.
Timeline of recent events in Darfur region of Sudan By Cindy G. Buys International and Immigration Law, July 2008 The International and Immigration Law Section Council, the Human Rights Section Council, the Decalogue Society of Lawyers, and the John Marshall Law School organized a meeting on May 1st at The John Marshall Law School concerning “The Crisis in Darfur.”
Tips on what to do if your purse is stolen By Letitia Spunar-Sheats Women and the Law, June 2008 Approximately eight months ago I had my purse stolen out of my shopping cart in a department store. I thought my purse was safe, because I had it covered up with my coat. Boy, was I wrong.
To admonish or not to admonish… That is the question By Hon. Bradley T. Paisley Bench and Bar, December 2008 There is a split in authority over whether trial courts must admonish defendants regarding immigration consequences that may result from a criminal conviction.