Section Newsletters

Articles From 2016

Third-party discovery in arbitration By Hubert Zanczak Alternative Dispute Resolution, October 2016 What do you do if a crucial third-party witness will not appear for a deposition without a court-order?
Thoughts from the Chair By David M. House Child Law, June 2016 A message from Section Chair David House as his term comes to a close.
Thoughts from the Chair By David M. House Child Law, March 2016 A message from Chair David House.
Thoughts on Serial and bias By Tracy Douglas Women and the Law, October 2016 In 2014, the Serial podcast examined the conviction of Adnan Syed in Maryland. There has been much discussion of what went wrong and mistakes by cops and attorneys, but there was not a lot of discussion of the racial and gender bias that may have played a role.
Time to protect children during interrogation By Elizabeth E. Clarke Child Law, March 2016 In this year, the 50th anniversary of Miranda, it’s time to acknowledge that children are incapable of “exercising their Miranda right” so the right to counsel must be automatic.
Tips on handling your first court appearance By Jessica Durkin Young Lawyers Division, October 2016 Some useful advice to help you survive that first nerve-wracking experience.
Tis the season By Melissa Anne Maye Animal Law, December 2016 A message from Editor Melissa A. Maye.
Title VII, discrimination and LGBT persons By Padraig Mccoid Human and Civil Rights, March 2016 A discussion of the cases that provide insight into the Seventh Circuit's view on expanding protections to include sexual orientation and transgender people.
To be or not to be—Is that the question? By Hon. Barbara Crowder Commercial Banking, Collections, and Bankruptcy, October 2016 Author Barb Crowder, a recent victim of identity theft, shares practical advice for those unlucky enough to have a similar experience.
To be or not to be—Is that the question? By Hon. Barbara Crowder Bench and Bar, September 2016 Author Barb Crowder, a recent victim of identity theft, shares practical advice for those unlucky enough to have a similar experience.
To disgorge or not to disgorge? By Zachary Williams Family Law, December 2016 With the recent decision in In re Marriage of Altman and Block, there is now a split in the Illinois Appellate Courts as to whether a trial court can order one attorney to disgorge earned fees in order to “level the playing field” between two parties, when neither party can afford to pay their attorney fees. 
Top 5 legal blogs you need to visit By Justin Green Young Lawyers Division, February 2016 Blogs are a great way to get information-- Here are the top five blogs you need to visit.
Townships—Government closest to the people By Natalie L. Pesin Local Government Law, September 2016 What does a township do for you and your community? And if we consolidated or eliminated townships, what would be the result?
Tradition of Excellence Award General Practice, Solo, and Small Firm, March 2016 Do you know an attorney deserving of the Matthew Maloney Tradition of Excellence Award? Nominations must be received by March 4, 2016. Go to http://www.isba.org/awards/gp for details.
Transfers into trust: A new reality? By Robert W. Kaufmann Trusts and Estates, September 2016 New legislation appears to be an overreaction to the Estate of Diane Mendelson v. Michael Mendelson case.
Transgender issues in schools and the workplace: Personal records By Edward Druck, Jennifer Smith, & Brianne Dunn Education Law, June 2016 The rights of transgender individuals and the application of those rights in the absence of specific laws leave schools and employers in unfamiliar territory on myriad issues. This article looks looks at the management of records with sensitive information regarding an individual’s gender transition.
Transgender issues in schools and the workplace: Personal records By Edward Druck, Jennifer Smith, & Brianne Dunn Diversity Leadership Council, June 2016 The rights of transgender individuals and the application of those rights in the absence of specific laws leave schools and employers in unfamiliar territory on myriad issues. This article looks looks at the management of records with sensitive information regarding an individual’s gender transition.
Transgender: A legal issue By Kathryn E. Eisenhart Human and Civil Rights, March 2016 A look at the current legal hurdles transgender individuals face.
Trustee’s fees: What is “reasonable” compensation? By James M. Lestikow Trusts and Estates, April 2016 The Illinois Trusts and Trustees Act merely states that Trustees are entitled to “reasonable compensation for services rendered.”
The truth about whether or not mediation is more cost-effective than litigation By Adam Sehr Alternative Dispute Resolution, June 2016 While the perception that arbitration is more cost effective and quicker than litigation may be popular, it is not necessarily true.
Twinning Project update By Lewis F. Matuszewich International and Immigration Law, November 2016 The Illinois State Bar Association entered into a Twinning Agreement with the National Bar Association of Poland more than 25 years ago.
Types of retirement plans By Bernard G. Peter Employee Benefits, October 2016 A look at the different types and characteristics of retirement plans.
The unauthorized practice of law: A case study By Patrick M. Kinnally Civil Practice and Procedure, May 2016 The author shares his personal experience.
Understanding and Protecting Fathers’ Rights By Lisa I. McLeod General Practice, Solo, and Small Firm, July 2016 While fathers have essentially the same rights as mothers, fathers who fail to fight for their parental rights oftentimes waive those rights. Furthermore, men who become fathers outside the sanctity of marriage have a tougher burden to overcome in order to establish, protect and preserve those rights.
Understanding the new Illinois law requiring judges to advise foreign nationals of their right to consular notification By Mark E. Wojcik Bench and Bar, April 2016 A new Illinois statute that entered into force on January 1, 2016 now expressly requires Illinois judges to advise foreign nationals of their right to have their consulate informed of their arrest or detention
Union trust fund acts arbitrarily by claiming a reversion of benefits By Douglas A. Darch Employee Benefits, December 2016 Attorneys handling the dissolution of marriages will find comfort in a recent decision by Judge Leinenweber, Cingrani v. Sheet Metal Workers’ Local No. 73 Pension Fund,.
Unmasking client pseudo-mental capacity By Rick L. Law Mental Health Law, October 2016 It is the lawyer’s duty to determine whether or not a client or prospective client has sufficient capacity to engage in contracts; make donations or gifts; or create testamentary documents.
Unmasking client pseudo-mental capacity By Rick L. Law Trusts and Estates, August 2016 It is the lawyer’s duty to determine whether or not a client or prospective client has sufficient capacity to engage in contracts; make donations or gifts; or create testamentary documents.
The upcoming 2017 Allerton Conference: The changing landscape of civil practice: Technology, ethics & economics By Jessica A. Hegarty Civil Practice and Procedure, December 2016 The biennial Allerton Conference will be held April 19-21, 2017 at Starved Rock Lodge in Utica, Illinois.
Upcoming Attorney Moms Lunch Women and the Law, March 2016 We will be hosting an “Attorney Moms” lunch at the ISBA Chicago Regional Office on Wednesday, April 6, 2016 from 12:00-1:00 p.m.