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27 N. Ill. U. L. Rev. [i] (2006-2007)

handle is hein.journals/niulr27 and id is 1 raw text is: Northern Illinois University Law Review Volume 27 Fall 2006 Number 1 ARTICLES The Tax Treatment of Verdicts and Settlements Following the Adoption of the Jobs Creation Act of 2004: Paradise Found for the Employment Lawyer? John F . Fatino .................................................................... 1 In recent years, attorneys practicing in the employment area have found that a working knowledge of tax law is critical to maximize results for clients and to avoid malpractice. This article will examine the status of taxation of verdicts and settlements following adoption of 1996 legisla- tion, which made various changes to the Internal Revenue Code. In addition, the article will examine the impact that the American Jobs Creation Act has had on the tax treatment of attorney fees and court costs in the context of employment litigation. Finally, the article will discuss the implications of a recent decision by the United States Court of Appeals for the D.C. Circuit concerning the unconstitutionality of the taxation of verdicts and settlements involving emotional distress and loss of reputation. Apparent Authority and Healthcare in Illinois - Revisited Marc. D. Ginsberg and Patricia C. Nowak ............................. 11 This article discusses the recent Illinois Supreme Court decision, York v. Rush Presbyterian St. Luke's Medical Center, which ad- dressed the reliance element in the overall analysis of apparent authority in the healthcare context in Illinois. The authors explore the historical underpinnings of agency law and posit that the York decision has effectively eroded basic agency law principles in the healthcare context. The Lasting Viability of Rasul in the Wake of the Detainee Treatment Act of 2005 Joseph R . Pope .............................................................. 21 This article examines the jurisdictional features of the newly enacted Detainee Treatment Act of 2005 and the Supreme Court's Hamdan v. Rumsfeld decision as it relates to the retroactive application of the Act. In particular, the article considers the impact of the Act on the Supreme Court's earlier Rasul v. Bush decision and considers

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