Section Newsletters

Articles From 2010

FMCSA bars driver “texting” while driving By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2010 Electronic devices used for texting are prohibited under current FMCSR safety regulations.
Foreclosure growth fuels mediation growth in Illinois By Whitney Rhew Alternative Dispute Resolution, October 2010 As of August 1, 2010, lenders must now attend mediation with the homeowner and a third-party neutral before proceeding with foreclosure in Will County.
Foreign judgments enforcing arbitral awards are no longer enforceable in themselves in Germany By Mark C. Hilgard & Jan Kraayvanger International and Immigration Law, May 2010 In a landmark decision last year, the German Federal Supreme Court determined that a foreign judgment confirming an arbitral award can no longer be recognized in Germany.
Forum non Conveniens clarified: Glass v. DOT Transportation, Inc. By Hon. Daniel T. Gillespie & Matthew Friedlander Civil Practice and Procedure, February 2010 For many judges and lawyers in Illinois, the doctrine of forum non conveniens appears to be a convoluted discretionary tool. Unlike a motion to transfer venue, which is a purely procedural matter, the doctrine offorum non conveniens allows the judge to transfer a case if he or she decides that hearing a case in the plaintiff’s choice of forum is unfair to the defendant or the public. The doctrine itself applies on an interstate and intrastate basis so long as venue is proper in both forums.
The Fourth Amendment in the workplace: U.S. Supreme Court declines to define boundaries City of Ontario, California et al v. Quon et al, 130 S.Ct. 2619 (2010) By Paul N. Keller Local Government Law, October 2010 The opinion in City of Ontario, California et al v. Quon et al is helpful in clarifying that even assuming a reasonable expectation of privacy exists, the employer may make a reasonable search for business related purposes, e.g., the efficient operation of the organization, or to discover work related misconduct.
Fourth District discredits 30-year “legitimate-business-interest” test and ignores own ruling for restrictive covenants By George S. Bellas & A. Patrick Andes Civil Practice and Procedure, January 2010 Creating a district split, the Illinois Fourth District Appellate Court, in an opinion authored by Justice Steigmann, disregarded its own precedent and declared the “legitimate-business-interest” test “no longer valid, if it ever was.”
Fraud Enforcement and Recovery Act of 2009 By Howard Z. Gopman Business and Securities Law, May 2010 A brief summary of the criminal and civil provisions of the Act.
Free speech trumps animal cruelty: First Amendment protection of “crush videos” in United States v. Stevens By Angela Donohoo Animal Law, June 2010 The U.S. Supreme Court determined that “[a] law may be invalidated as overbroad if a substantial number of its applications are unconstitutional, judged in relation to the statute’s plainly legitimate sweep.”
The Freedom of Information Act: A useful resource for attorneys By George L. Schoenbeck Young Lawyers Division, October 2010 Author George Schoenbeck shares his experiences as both a Freedom of Information Officer and as an attorney using the Freedom of Information Act to represent private parties.
The Freedom of Information Act: A useful resource for attorneys By George L. Schoenbeck General Practice, Solo, and Small Firm, September 2010 Author George Schoenbeck shares his experiences as both a Freedom of Information Officer and as an attorney using the Freedom of Information Act to represent private parties.
Freedom of speech—fleeting expletives, access to courts, Internet anonymity and attorney advertising By Steven Helle Human and Civil Rights, February 2010 As audience members at a recent Communications Law seminar in New York City learned, the subject spans everything from regulation of indecency in the broadcast media to a constitutional right of access to courtrooms and court documents.
1 comment (Most recent February 16, 2010)
A frequently asked question of elder law attorneys By Ford C. June, III Elder Law, June 2010 A description of Illinois' Health Care Surrogate Act.
A fresh perspective on the judicial system By Hon. E. Kenneth Wright, Jr. & Kalisa Gary Bench and Bar, December 2010 Read 13-year-old Kalisa Gary's award-winning essay on the subject of "keeping an impartial balance of life, accepting all divisions of fairness."
From Decatur, Illinois to Hollywood: A look back at lessons learned from the ADM lysine conspiracy By Jennifer M. Dixton & Kalina M. Tulley June 2010 An interview with Jim Mutchnik, former DOJ prosecutor in the famous Archer Daniels Midland investigation.
From the Chair By Hon. Ann Breen-Greco Administrative Law, November 2010 The ISBA Administrative Law Section/Council plays a vital role in Illinois in promoting awareness of our work and in providing excellent CLE programs to enhance our professional development.
From the Chair By Jennifer A. Shaw Human and Civil Rights, October 2010 An introduction to the issue from Section Chair Jennifer Shaw.
From the Chair By Jennifer A. Shaw Human and Civil Rights, September 2010 A look at what to expect in this newsletter in the coming year, from Chair Jennifer Shaw.
From the Chair By Robert Fink Young Lawyers Division, August 2010 An overview of the 2010-2011 YLD bar year, from Chair Robert Fink.
From the Chair By Lisle A. Stalter Government Lawyers, June 2010 An introduction to the issue from the committee's chair.
From the Chair By Lisle A. Stalter Government Lawyers, April 2010 An introduction to the issue from Committee Chair Lisle Stalter.
From the Chair By Bryan Sims Legal Technology, Standing Committee on, March 2010 The thoughts and opinions of COLT's Chair.
From the Chair By Sean O’Brien Human and Civil Rights, February 2010 After working on the issue for the past several months, the Human Rights Section Council has adopted an updated and revised “scope statement,” which has been submitted to the Board of Governors for approval.
From the Chair By Bryan Sims Legal Technology, Standing Committee on, January 2010 I firmly believe that one of the most useful tools available for attorneys is the ability to maintain our calendars electronically.
From the Chair By Joseph R. Podlewski, Jr. Environmental Law, January 2010 The section council is the voice of the ISBA’s Environmental Law Section and is committed to serving the needs of its members. 
From the Editor By Thomas D. Cavenagh Alternative Dispute Resolution, October 2010 An introduction to the issue from Editor Tom Cavenagh.
From the Editor By James K. Weston, Sr. Mineral Law, May 2010 An introduction to the issue from Editor James K. Weston.
From the Editor By James K. Weston, Sr. Mineral Law, March 2010 An introduction to the issue from editor James K. Weston, Sr.
From the editors By James T. Nyeste Insurance Law, December 2010 A note from Managing Co-editor James T. Nyeste.
From the editors By James T. Nyeste Insurance Law, October 2010 An introduction to the issue from Managing Co-Editor James Nyeste.
From the editors By James T. Nyeste Insurance Law, August 2010 An introduction to the issue from Managing Co-Editor James Nyeste.