Section Newsletters

Articles From 2010

Vapor intrusion rulemaking stayed By Raymond T. Reott Environmental Law, January 2010 The Illinois Pollution Control Board has stayed the long-anticipated vapor intrusion rulemaking.
Vested development rights By Steven D. Mahrt Local Government Law, September 2010 The recently decided case of 1350 Lake Shore Associates v. Randall will make it more difficult for a developer to succeed on a vested rights claim.
Victim-offender mediation: An alternative By Don C. Hammer Child Law, September 2010 During Victim-offender mediation, the victim has an opportunity to confront the offender and explain to the offender the effect of the crime on the victim’s life. The offender gets to see first-hand the effect of his actions on another person and to take responsibility for what he has done.
Visitation standards in parentage vs. dissolution cases: Any difference? By Thomas A. Else Family Law, December 2010 The question of who has the burden of proof with respect to visitation, and what standard to apply, depends on whether the action is brought in a dissolution of marriage action, or a paternity case, and in what appellate district the case is located.
2 comments (Most recent December 29, 2010)
Voir Dire: How and why we can participate By Patrick M. Kinnally Civil Practice and Procedure, January 2010 Every attorney who litigates civil or criminal cases wants to know whether a trial court judge alone is going to pick the jury, let the trial attorneys perform that task, or make a decision about jury selection which reflects a little of both. 
Voluntary Nonsuit? You’d better think twice By Jewel N. Klein General Practice, Solo, and Small Firm, June 2010 A discussion of the difficulties practitioners face as a result of the Illinois Supreme Court decision of Hudson v. City of Chicago.
Welcome to the Federal Civil Practice Section By Travis J. Ketterman Federal Civil Practice, September 2010 The Section's Chair gives a glimpse into what lies ahead for members in the 2010-11 bar year.
The wellness train: Time to come aboard By Paul Shaheen Law Office Management and Economics, Standing Committee on, March 2010 Want to put an end to double-digit insurance rate increases? Read on to learn how!
What can I be with a J.D.? A professor of law By Anna P. Krolikowska Young Lawyers Division, February 2010 In this issue we will focus on James Carey, Professor of Law, and Director of the Advocacy Center at Loyola University Chicago School of Law.
What can I be with a J.D.? An Assistant Dean for Career Services By Anna P. Krolikowska Young Lawyers Division, June 2010 A focus on Laurel A. Hajek, Assistant Dean for Career Services at the John Marshall Law School.
What can I be with a J.D.? An internet entrepreneur By Allan Niemerg Young Lawyers Division, December 2010 A focus on Jeff Epstein, founder of zferral.com.
What hath Hudson wrought? By Patricia A. Zimmer Tort Law, April 2010 If you decide that you must take a voluntary dismissal in the face of a prior dismissal on the merits of some claim in your suit, an Agreed Order of voluntary dismissal should reference Hudson and state that the defendants are waiving the res judicata defense should plaintiff decide to refile.
What the local government attorney should know about Illinois environmental laws By Lisle A. Stalter Local Government Law, May 2010 An overview of the environmental laws that impact a local government lawyer.
“What’s in a name …”—The importance of properly classifying “independent contractors” By Betsy Johnson Corporate Law Departments, April 2010 Studies have shown that companies can save as much as 30% of payroll and related taxes by classifying workers as independent contractors.
When a parent fails to exercise his or her parenting time By Sean McCumber & Hon. Harry E. Clem Child Law, June 2010 What is a custodial parent to do when the non-custodial parent fails to exercise his or her designated parenting time with the minor children?
When does representation end? By Gary Schlesinger Family Law, April 2010 Often, notice of a new court proceeding is given to the previous attorney and not to the previous party. But is that notice sufficient?
1 comment (Most recent March 25, 2010)
“When I’m 64”—Why elderly gay couples need marriage rights By Valerie Sherman Elder Law, April 2010 The hospital issues, estate planning, and inheritance issues that younger gay couples worry about come to reality as long-term gay couples age, affecting the elderly most acutely.
Where does a corporation “do business”? By Laura L. Milnichuk & William J. Perry Civil Practice and Procedure, June 2010 In the recently decided case of Hertz Corporation v. Friend, the U.S. Supreme Court held that a “principal place of business” is “the place where the corporation’s high level officers direct, control, and coordinate the corporation’s activities."
Where the “rubber meets the road”: Advance directives in action By Daniel M. Moore, Jr. Elder Law, February 2010 You have helped a client plan ahead with advance directives such as the health care and property powers of attorney and possibly a living trust. Unless death is sudden, the efficacy of all three of these is going to depend upon the seamlessness of the transition when time for action has arrived.
Who do I have to consult? A look at the Illinois Department of Natural Resources consult process By Lisle A. Stalter Local Government Law, October 2010 A local government-DNR consult can be required for any construction activity, infrastructure (utility, road, sewer) alterations, discharge of pollutants into the air, water or land, re-zoning, and subdivision and development platting.
Who does the file belong to? By Donald E. Weihl Law Office Management and Economics, Standing Committee on, December 2010 There are many questions arising from clients who believe that the file an attorney creates for an engagement on behalf of the client is the property of the client.
Who is going to pay for college? By Kelli E. Gordon Family Law, August 2010 College expenses can really add up. This article offers some considerations when attempting to determine how parents can split the costs.
Who wants cake? Section 368 tax-free reorganizations for corporations By Derek P. Usman Federal Taxation, May 2010 By utilizing the reorganization exit strategy, business owners are able to sell their business while deferring their gain.
Who’s your daddy? Challenges to voluntary acknowledgments of paternity By Joan Scott Family Law, September 2010 The VAP has the full force and effect of a judgment and provides a basis for seeking child support without further proceedings to establish paternity. After the presumption of paternity created by a VAP becomes conclusive, ratification of paternity in a judicial proceedings is neither required nor permitted.
1 comment (Most recent September 11, 2010)
Why it pays to accept credit cards By Amy Porter Law Office Management and Economics, Standing Committee on, June 2010 Why turn away a prospective client who wants to use your law firm’s services and has the means to pay promptly?
Why state court practitioners need to know a little about federal civil practice By Stanley N. Wasser Federal Civil Practice, December 2010 If you need a federal official or employee as a witness, be prepared to possibly find yourself in a federal judicial review proceeding under the federal Administrative Procedure Act while you are litigating your state court case.
Why the “25/10 ordinance” should not impact tax load calculations in 2009 property tax appeal cases By Gary H. Smith State and Local Taxation, March 2010 On September 17th, 2008, the Cook County Board adopted ordinance 08-O-51, which amended the levels of assessment for all properties in the county, commencing with the 2009 tax year.
Why you might use stick pins when thinking about statutory coverage By Ambrose V. McCall Federal Civil Practice, December 2010 When reading the Supreme Court's analysis of Morrison v. National Australia Bank Ltd., one might find stick pins helpful to post the legislative framework on our walls for easier viewing.
Will the passage of health care insurance reform in combination with the Provena decision dramatically limit the availability of not-for-profit hospitals to claim the property tax charitable exemption in Illinois? By Stanley R. Kaminski & William Seitz State and Local Taxation, November 2010 Unless something is done, with higher taxes and less revenues, many hospitals necessary to the health of Illinois will have a more difficult time surviving while providing the same quality of care that patients are used to in Illinois.
Win or lose, the client may not always be right By William A. Price Administrative Law, May 2010 He may have been a fourth-century Roman historian, but Ammianus Marcellinus' views of lawyers and clients is still relevant today.