Section Newsletters

Articles From 2014

Minutes from June 20, 2014 Section Council meeting By Gary R. Gehlbach Trusts and Estates, July 2014 Read what happened at the Section's most recent meeting.
Missouri right-to-farm now a Constitutional amendment By Jeffrey A. Mollet Agricultural Law, October 2014 Every state has adopted some type of right-to-farm law in its statutory scheme,1 but only two have raised that protection to the constitutional level.
Modified policy on Freedom of Information Act disclosure of amounts paid to individual physicians under the Medicare Program Centers for Medicare & Medicaid Services Health Care Law, March 2014 In January, the Centers for Medicare & Medicaid Services (CMS) announced that effective March 18, 2014, it will follow “a new policy regarding requests made under the Freedom of Information Act for information on amounts paid to individual physicians under the Medicare program. . . .” Under this new policy, physicians may find that their Medicare payments in a given year become public information. A summary of this new policy is included in this issue.
Monsanto and conventional growers: Legitimacy of inadvertent patent infringement By Ganiyou Gassikia Agricultural Law, June 2014 Could Monsanto sue farmers for patent infringement if drifts of its patented genetically modified seeds contaminate their lands?
More case law on FOIA’s unduly burdensome exemption: Shehadeh v. Madigan By John Redlingshafer Local Government Law, February 2014 Shehadeh v. Madigan is a sound reminder to those attorneys who represent or otherwise assist public bodies in responding to FOIA requests.
1 comment (Most recent February 28, 2014)
More legally disabled are now able to toll statute of limitations By Stephen Sotelo Civil Practice and Procedure, September 2014 Public Act 098-1077 goes into effect on January 1, 2015, and it will apply to actions commenced or pending after that date.
More legally disabled are now able to toll statute of limitations By Stephen Sotelo Elder Law, September 2014 Public Act 098-1077 goes into effect on January 1, 2015, and it will apply to actions commenced or pending after that date.
More than 30 years of poor outcomes and racial disparities in “automatic” provisions trying youth in adult court By Elizabeth Clarke Child Law, October 2014 Of the 257 Cook County children charged with crimes requiring an automatic transfer to adult court in a recent three-year study period, only one was white. Read the study's other findings here.
More “user-friendly” notes in local government borrowing By Kurt P. Froehlich Local Government Law, March 2014 Notes as a financing option can result in a more user-friendly and quick mechanism for certain local government financings.
Movie review: “Divorce Corp” By Hon. Jeanne M. Reynolds Family Law, January 2014 Section Council member Judge Jeanne Reynolds gives her opinion of the documentary film.
1 comment (Most recent April 28, 2014)
Myra Bradwell: The practice of law in the wake of her legacy By Julie A. Neubauer & Emily N. Masalski Diversity Leadership Council, June 2014 A recap of this memorable and well-attended March program.
The nature of title insurance and the “law of unintended consequences” in real estate transactions By Joseph R. Fortunato, Jr. Real Estate Law, July 2014 A summary of United Community Bank v. Prairie State Bank & Trust.
1 comment (Most recent July 10, 2014)
Nevada Supreme Court protects confidentiality in foreclosure mediation By Brandon Sarkauskas Alternative Dispute Resolution, March 2014 Not only does the recent decision by Nevada’s Supreme Court affirm the confidential nature of the foreclosure mediation program, but it offers reassurance of confidentiality to others who may be interesting in pursuing mediation resolutions for other conflicts as well.
New cases By Phil Milsk Education Law, February 2014 A summary of the recent case of Jenna R. P., et al., v. The City of Chicago School District No. 229, et al.
New Chair comment By Stanley R. Kaminski State and Local Taxation, July 2014 A message from Section Chair Stan Kaminski.
The new e-discovery amendments to the Supreme Court Rules: Illinois catches up By Timothy J. Chorvat Civil Practice and Procedure, July 2014 On May 29, 2014, the Illinois Supreme Court enacted a series of amendments to the Supreme Court Rules.
1 comment (Most recent July 18, 2014)
The new emphasis on basis in estate planning By George L. Schoenbeck Trusts and Estates, June 2014 Since the passage of the American Taxpayer Relief Act of 2012 in early 2013, the vast majority of well-structured estate plans balance estate tax considerations, where relevant, with long-term income tax minimization goals and a variety of other estate planning considerations.
The new emphasis on basis in estate planning By George L. Schoenbeck Young Lawyers Division, June 2014 Since the passage of the American Taxpayer Relief Act of 2012 in early 2013, the vast majority of well-structured estate plans balance estate tax considerations, where relevant, with long-term income tax minimization goals and a variety of other estate planning considerations.
A new era of mediation By Tom Finnegan Alternative Dispute Resolution, March 2014 In response to the foreclosure crisis, Illinois responded by enacting foreclosure mediation programs in some of Illinois’ largest counties, and these programs were widely successful. Is it illogical to think that the State of Illinois could benefit from enacting similar types of criminal mediation programs in the same counties?
New Illinois education laws (Part II) By Phil Milsk Education Law, February 2014 Recent laws of interest to education law practitioners.
The new Illinois Job Opportunities for Qualified Applicants Act By Michael R. Lied Labor and Employment Law, September 2014 This new Act prohibits an employer or employment agency from inquiring about, considering, or requiring disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that he or she has been selected for an interview or, if there is not an interview, until after a conditional offer of employment is made.
New IRS guidance sheds light on the impact of same-sex marriage decision on employee benefits By Alison Wright & Chris Guldberg Employee Benefits, February 2014 Following the United States Supreme Court decision in United States v. Windsor, the Internal Revenue Service has issued guidance on how that decision impacts the Internal Revenue Code.
New Juvenile Delinquency Handbook: A resource for attorneys and clients alike By Bridget L. Schott Child Law, October 2014 In response to the many recent changes to the Juvenile Court Act and laws regarding juveniles, the ISBA Child Law Section Council has released an updated Juvenile Delinquency Handbook.
New legislation affects companion animal euthanasia and increases penalties for animal abuse committed before minors By Ledy VanKavage Animal Law, February 2014 The Illinois State Bar Association Animal Law Section has voted to endorse two new bills introduced in the Illinois Legislature.
New NLRB Notice format By Michael R. Lied Labor and Employment Law, June 2014 In Durham School Services, L.P., 360 NLRB No. 85 (2014) The National Labor Relations Board took another step into the future.
New PAC non-binding opinion By John M. O’Driscoll Local Government Law, August 2014 In an interesting non–binding opinion, the Attorney-General’s Office concluded that the Chicago Convention and Tourism Bureau, now named “Choose Chicago,” was not subject to FOIA despite being funded by tax dollars.
New Public Acts By Phil Milsk Education Law, October 2014 Recent legislation of interest to education law practitioners.
New releases from the appellate court on local governmental tort immunity: “Abruzzo Returns” and “The Sidewalks of the College of DuPage” By Richard L. Turner Civil Practice and Procedure, February 2014 Recently, the appellate court had occasion to again consider local governmental immunity in the context of the Emergency Medical Services Systems Act, and the Local Governmental and Governmental Employee’s Tort Immunity Act, with respect to the liability of an emergency medical technician in an emergency response, and the liability of a college for its process in responding to a sidewalk deviation under the Tort Immunity Act.
New rules, continued non-compliance: Protecting business owners and plan participants in the changing 401k plan climate By Kurt Winiecki Employee Benefits, May 2014 A look at some of the common non-compliance issues related to 401k plans, including new fee disclosure rules that are often ignored.
New spousal support guidelines for divorcing couples in Illinois By David H. Hopkins Family Law, October 2014 Even when facts and circumstances are remarkably similar, maintenance awards have varied widely and unpredictably. Recognizing this, in 2009 the Illinois State Bar Association’s Family Law Section Council began intensively analyzing the various issues.