Section Newsletters

Articles From 2010

A note from the Co-Editor By Mary Ann Connelly State and Local Taxation, December 2010 An introduction to the issue from Co-editor Mary Ann Connelly.
Note from the Editor By Katarinna McBride Trusts and Estates, August 2010 Where do you believe estate law is headed? E-mail your thoughts to newsletter editor Katarinna McBride.
A note from the Editor… By Anthony J. DelGiorno Elder Law, February 2010 This note addresses a letter to the editor regarding an article in the October 2009 issue of this newsletter.
Notes from the Chair By Lee Beneze Elder Law, October 2010 A tribute to Joseph R. Bartylak, Executive Director of the Land of Lincoln Legal Assistance Foundation from 1976 to 2003, who passed away at the end of August.
Notes from the Chair By Lee Beneze Elder Law, August 2010 What to expect in the coming year, from new Section Council Chair Lee Beneze.
Notes from the Chair By Kelley A. Gandurski Young Lawyers Division, June 2010 A letter from outgoing Chair Kelley Gandurski.
Now what? By Kenya A. Jenkins-Wright Young Lawyers Division, April 2010 Some suggestions for making yourself invaluable during these uneasy economic times.
A nursing home can recover its fees for care under quantum meruit despite the lack of a written contract as required by The Nursing Home Care Act By Donald A. LoBue Elder Law, August 2010 A look at the recent case of The Carlton At The Lake, Inc. v. Barber.
The nuts and bolts of admission and adjustment of status under the Immigration and Nationality Act By Patrick M. Kinnally International and Immigration Law, October 2010 After entering the U.S., many immigrants end up in one of our 50 states, settle in, perhaps wed, or otherwise come to you and seek an adjustment of their status. Can you help them? Perhaps.
Obama Administration Outreach to Chicago Legal Community Diversity Leadership Council, June 2010 On November 2nd, Chicago welcomed back its own Kareem A. Dale, Special Assistant to President Obama, to address issues of concern to the Chicago legal community.
Offers in Compromise By William M. Gasa Federal Taxation, October 2010 These comments are a follow-up and expansion of the Federal Taxation Section's 2007, 2008 and 2009 Offers in Compromise reports.
Officers’ Column By Jon Gilbert, Scott Carfello, & Kate Duncan Alternative Dispute Resolution, April 2010 A description of several important issues currently facing the ADR section.
On the non-waivability of reinstatement under IMFL By Jeffrey G. Liss Commercial Banking, Collections, and Bankruptcy, March 2010 Can reinstatement be waived under certain circumstances?
On the waterfront: An Illinois water law trilogy By Richard F. Bales Agricultural Law, June 2010 An overview of Illinois case law and water-related statutes.
Online research tools By Cristen E. Meadows Young Lawyers Division, April 2010 Free legal research is available, and only a click away!
Only months to go until the largest tax hikes in history By Ryan Ellis Agricultural Law, August 2010 A summary of federal tax increases that will take effect if Congress doesn't act.
4 comments (Most recent August 3, 2010)
Outgoing Chair’s column By Ross S. Levey Family Law, August 2010 A farewell note from 2009-2010 Chair Ross S. Levey.
Oversight of clinical investigators: Action needed to improve timeliness and enhance scope of FDA’s debarment and disqualification processes for Medical Product Investigators Health Care Law, March 2010 A summary of a recent Government Accountability Report regarding federal Food and Drug Administration debarment and disqualification proceedings for clinical investigators who engage in research misconduct.
Packers and Stockyards Act bond claims ordered to be paid prior to resolution of Packers and Stockyards Act trust claims By Michael A. Mattingly & William J. Bolotin Agricultural Law, September 2010 With the Illinois Department of Agriculture's ruling in this year's Meadowbrook Farms Cooperative case, federal regulators should re-examine the issue of priority of payment of claims from PASA trust and PASA bond funds and clarify the priority of payment from the two funds.
Parental rights to engage therapy for a minor child and the Illinois Mental Health and Developmental Disabilities Confidentiality Act By Rory Weiler Family Law, February 2010 One of the many conundrums faced in the family law practice is the seemingly ubiquitous situation where your client decides that the children need professional help in dealing with the issues arising out of the divorce, and the other parent believes that counseling, therapy or whatever moniker you wish to assign to it is contrary to the children’s best interests. In the past, in the absence of a parenting agreement or custody order, there was no clear guidance from the IMDMA or the courts as to which parent’s choice controlled, if any.
Parley—Settlement or something else? By Ambrose V. McCall Labor and Employment Law, October 2010 When negotiating a settlement, what terms bind the parties, and what later interpretations produce non-binding “guidelines,” or something even less forceful?
Passalino—Round two in the Supreme Court By John H. Brechin Local Government Law, June 2010 On April 22, 2010, the December judgment in Passalino v. City of Zion was modified while re-hearing concurrently was denied.
Pay your law firm employees properly or risk falling into a financial snakepit By James B. Zouras Administrative Law, May 2010 What may begin as a simple misunderstanding—a poorly-handled layoff or even a workers’ compensation matter—can turn into an unexpected and costly nightmare for the employer. As is often the case, a small nugget of prevention can equal a goldmine of cure.
Pennywise and pound foolish: Compilation copyrights and the limits of administrative deference By Daniel Kegan Intellectual Property, October 2010 Copyright claimants should consider registering their commercially important works individually, rather than relying on derivative copyrights, such as compilations, collective works.
Pensoft Payroll 2010 Professional By Bryan Sims Legal Technology, Standing Committee on, October 2010 A great software addition for lawyers doing their own bookkeeping-- This software version includes the ability to export information for direct deposit, as well as the ability to generate W-2s.
People of the State of Illinois v. Delvillar—The Illinois Supreme Court construes statute on guilty pleas of noncitizen criminal defendants facing deportation and other immigration consequences By Christina J. Murdoch, Kathryn R. Weber, & Scott D. Pollock International and Immigration Law, March 2010 The decision may not be as devastating to non-citizens as it seems on the surface.
People of the State of Illinois v. Marina Kladis, No. 1-09-0686. Discovery sanctions in a misdemeanor DUI case can bar testimony of an arresting officer when a videotape has been discovered By Ava George Stewart Traffic Laws and Courts, November 2010 Kladis provides a roadmap for practitioners to avoid the destruction of discovery as well as what to do in the event the discovery is inadvertently destroyed.
People of the State of Illinois v. Samuel McPeak, No. 2080572: There must be evidence of the presence of cannabis in the blood, breath, or urine to be found guilty of a DUI based on 11-501(a)(6) By Ava George Stewart Traffic Laws and Courts, June 2010 This decision seems to put the brakes on the statute’s requirement of “any amount of drugs” in the body being sufficient to convict for a DUI.
People v. Maldonado By David B. Franks Traffic Laws and Courts, November 2010 The appellate court concluded that the DUI statute was ambiguous because it prescribed mutually exclusive sentencing schemes for a defendant who has been convicted of committing a sixth or subsequent DUI.
People v. McDonough, 395 Ill.App.3d 194, 334 Ill.Dec.764 (4th Dist. 2009) By David B. Franks Traffic Laws and Courts, March 2010 In this DUI case, the trial court granted Defendant’s motion to suppress evidence on the ground that the State Trooper had improperly seized Defendant. Because the State Trooper did not engage in any police misconduct, the 4th District Appellate Court reversed the trial court, ruling that the exclusionary rule did not apply to this case.
1 comment (Most recent February 24, 2010)