Section Newsletters

Articles From 2011

What do Chicago’s Grant Park, moral rights, the Seventh Circuit and wildflowers have in common? By Kristin L. Lingren Intellectual Property, September 2011 This article examines the decision by the Seventh Circuit Court of Appeals in the case of Kelley v. Chicago Part District within the context of the federal Visual Artists Rights Act of 1990 ("VARA"). The court considered whether a wildflower garden planted and maintained in a public park was a protected "work of visual art" under VARA and whether the park district's reduction and modification of the garden constituted a violation of the creators moral right of integrity. It concluded that the garden did not fall within the purview of VARA because it did not qualify as copyrightable within the meaning of the Copyright Act, lacking the elements of "authorship" and "fixation" required to support copyright and eligibility for protection under VARA. In dicta, the Seventh Circuit questioned the First Circuit's position in Phillips v. Pembroke Real Estate that VARA provided no protection for site-specific art.
What every lawyer should know about Collaborative Law (a.k.a., Collaborative Practice) By Sandra Crawford Alternative Dispute Resolution, June 2011 Three things every lawyer should also know about Collaborative Law: (1) there is a favorable American Bar Association Formal Ethics Opinion (Opinion No. 07-447) on the topic; (2) Since October, 2010 there has been a Uniform Collaborative Law Act adopted in several states; and (3) there is an international organization, the International Academy of Collaborative Professionals, which has also promulgated Ethical Standards for Collaborative Practitioners.
What every lawyer should know about Collaborative Law (a.k.a., Collaborative Practice) By Sandra Crawford Women and the Law, June 2011 Three things every lawyer should also know about Collaborative Law: (1) there is a favorable American Bar Association Formal Ethics Opinion (Opinion No. 07-447) on the topic; (2) Since October, 2010 there has been a Uniform Collaborative Law Act adopted in several states; and (3) there is an international organization, the International Academy of Collaborative Professionals, which has also promulgated Ethical Standards for Collaborative Practitioners.
1 comment (Most recent December 18, 2012)
What every young lawyer should know about collaborative law (a.k.a., collaborative practice) By Sandra Crawford & Anna P. Krolikowska Young Lawyers Division, August 2011 Learn about collaborative law and sign up for the ISBA CLE program on October 13th. View the details here. 
What intent must the government prove to convict someone of marriage fraud? By Mark E. Wojcik International and Immigration Law, May 2011 The federal circuit courts are split on what the government must prove in order to convict someone of marriage fraud.
What is income? By Hon. Timothy J. McJoynt Family Law, December 2011 How does the court (or parties) determine payor’s income to apply guideline child support calculations?
What to do when an OSHA inspector comes to your job site By Alan M. Kaplan Corporate Law Departments, May 2011 An overview of the steps to follow when an OSHA inspector arrives at a company’s job site.
What we promise. What we ask. By Timothy J. Storm General Practice, Solo, and Small Firm, July 2011 A message from Section Chair Timothy Storm.
What’s in the August 2011 issue? By Jacob Frost & Darrell Dies Trusts and Estates, August 2011 An introduction to the issue from editors Jacob Frost and Darrell Dies.
1 comment (Most recent August 25, 2011)
When can a judge judge whether a judge can judge? In Re The Estate of Mary Ann Wilson, 238 Ill.2d 519 (2010) By David W. Inlander & Deborah Jo Soehlig Bench and Bar, June 2011 At issue in Estate of Wilson was whether the judge against whom the petition for substitution was filed was entitled to decide whether the petition was facially sufficient to require a hearing.
Where are they? International and Immigration Law, April 2011 A call for information about former chairs of the International & Immigration Law Section Council.
Wherever you go…Never forget to take your Pulse! By Alan Pearlman Law Office Management and Economics, Standing Committee on, September 2011 A review of the Livescribe Pulse Digital Smartpen, which creates digital copies of everything you write by hand while recording audio at the same time.  
Who does the Attorney General represent in child support cases? By Lawrence A. Nelson Government Lawyers, June 2011 The law is clear: in child support cases, the Attorney General has one and only one client—the Department of Healthcare and Family Services.
Who gets an accounting? A case summary of Sanders v. Stasi, 2011 IL App (4th) 100750 By Sean D. Brady Trusts and Estates, November 2011 Is a beneficiary of a trust entitled to receive an accounting from the trustee even when there is not sufficient income generated by the trust to trigger the income payment to that beneficiary?
Who has jurisdiction over workers’ compensation fraud? By Richard D. Hannigan Workers’ Compensation Law, August 2011 Because the petitioner’s case involved questions of fact and not law, the circuit court lacked jurisdiction to hear the fraud complaint and found that the Illinois Workers’ Compensation Commission is the proper jurisdiction.
Who’s in charge? By Lee Beneze & Anthony J. DelGiorno Elder Law, February 2011 Important contact information for Congressional leadership.
Who’s that knocking at my door? A synopsis of door-to-door solicitation cases By Mark C. Palmer Local Government Law, January 2011 The local powers granted to municipalities to protect the health and welfare of its citizens, including prevention of crime, fraud and invasion of privacy, must be fairly balanced with any prior restraints on the Constitutional rights of the salespersons.
Why don’t we simply abolish the Workers’ Compensation Act? By Richard D. Hannigan Workers’ Compensation Law, February 2011 The author would rather abolish the Workers' Compensation Act and let a jury consider cases under tort law.
Why it is appropriate for the New Jersey decisional law rationale to the ‘welfare of pets in dissolution cases’ to be adopted by Illinois courts? By Shannon Burke Animal Law, September 2011 The rationale in Houseman v. Dare—that courts are already sufficiently equipped to address ownership and possession of pets—is equally applicable in Illinois.
Wickham v. Byrne revisited—Its legacy By Morris Lane Harvey Family Law, August 2011 A look at three major issues that directly impact the issue of the constitutionality of the current grandparent visitation statute.
1 comment (Most recent August 20, 2011)
Will disqualifying job candidates based on their current unemployment soon be prohibited? By Julie Crabbe & Gregory G. Thiess Corporate Law Departments, April 2011 Until the EEOC clarifies the circumstances under which employment status is an appropriate or inappropriate criterion for job selection, employers should evaluate carefully whether to consider an applicant’s status as unemployed in making such decisions.
Winning at the gate: A practical approach to pleading or attacking antitrust claims in the post-Twombly/Iqbal world By Beth L. Fancsali & Patrick Frye April 2011 Unlike in the pre-Twombly days, plaintiffs may now need to conduct an extensive investigation or obtain expert economic analysis in advance of filing an antitrust suit.
Winning chances? Client relations, math, and ethics By Daniel Kegan Intellectual Property, June 2011 Clients and others often ask attorneys for the chances of winning a dispute. Attorneys often answer, but they should not. Mathematically the wrong question is asked; numerical answers likely violate legal ethics by incompetently providing incorrect and often deceptive information. A better response provides both valid case evaluation and client emotional support without fabricating false certainty.
Wirtz et al. v. Quinn et al. By David P. Dorner State and Local Taxation, April 2011 A summary of the case, currently on appeal to the Illinois Supreme Court.
Women Everywhere honors Former Chief Judge Donald P. O’Connell and Calls for volunteers for Agency Projects Day on June 17th By Shital A. Patel Women and the Law, June 2011 The ISBA Women in the Law Committee is proud to be one of Women Everywhere: Partners in Service Project, Inc.'s long-standing bar partners and has supported WE from its early days.
Words and phrases index of cases Insurance Law, October 2011 A list of the cases in this issue, organized by subject.
Words and phrases index of cases Insurance Law, July 2011 A list of the cases in this issue, organized by subject.
Words and phrases index of cases Insurance Law, May 2011 A list of the cases in this issue, organized alphabetically.
Words and phrases index of cases Insurance Law, February 2011 A list of the cases in this issue, organized according to subject.
Workers’ Compensation Reform in the December 2010 veto session By Richard D. Hannigan Workers’ Compensation Law, February 2011 A summary of the recent discussions within the Illinois House and Senate Committee meetings on Workers' Compensation Reform.
1 comment (Most recent January 25, 2011)