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Illinois Bar Journal
Articles From 1999

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Disclosure of one's credit card debts to a spouse does not satisfy the publicity element essential to an invasion of privacy claim March 1999 Illinois Law Update, Page 130 On January 4, 1999, the first district of the Illinois Appellate Court affirmed the holding of the Circuit Court of Cook County, finding that the plaintiff had not satisfied his invasion of privacy claim.
Distribution at Divorce of Personal Injury, Workers' Compensation, and Disability Awards By Debra DiMaggio and Cindy Huang September 1999 Column, Page 494 The authors note that several Illinois courts have distributed awards for strictly personal damage (i.e., pain and suffering) disproportionately to the injured spouse on divorce even when the cause of action arose during marriage.
Domestic battery offender liable for child counseling ; P.A. 91-262 October 1999 Illinois Law Update, Page 521 Public Act 91-262 makes a domestic battery offender ``liable for the cost of any counseling required'' for a child under 18 years of age who ``was present and witnessed the domestic battery.''
Domestic battery penalties increased for prior domestic violence offenders ; P.A. 91-112 October 1999 Illinois Law Update, Page 521 Prior to Public Act 91-112, any first-time offense of domestic battery was a Class A misdemeanor, unless the offender previously violated an order of protection.
Don't Be a Sitting Duck for In-Firm Theft By Anne E. Thar February 1999 Column, Page 105 Think the unthinkable; put safeguards in place to protect yourself from theft and embezzlement by employees and colleagues.
Driving car and thereby providing passenger with escape from a crime scene is insufficient to convict driver of the charge on a theory of accountability where the driver had no knowledge of the passenger's intentions prior to the incident July 1999 Illinois Law Update, Page 351 On May 20, 1999, the Illinois Supreme Court reversed the judgment of the appellate and circuit courts and found insufficient evidence to convict the defendant of aggravated discharge of a firearm (720 ILCS 24/5; 1.2(a) (West 1994)) under a theory of accountability (720 ILCS 5/5-2 (West 1994)).
Drug-Aided Crimes (``Date Rape'' Drugs) — PA 90-735 March 1999 Illinois Law Update, Page 130 Sponsored by Senator Kirk W. Dillard, Public Act 90-735 makes it a battery to administer a controlled substance to a person without his or her consent, or by threat or deception, for non-medical purposes.
Dual Eligibles, Medicare, and Medicaid By Lee Beneze and Robyn O'Neill August 1999 Column, Page 434 You may have clients -- elderly or otherwise -- who are eligible to have Medicaid pay a portion of their Medicare costs but aren't taking advantage of the program.
A duty to mitigate damages may require more than simply maintaining employment November 1999 Illinois Law Update, Page 575 On September 20, 1999, the Court of Appeals for the Seventh Circuit affirmed the district court's denial of back pay to Junerous Cook when the city of Chicago failed to abide by the terms of a consent decree.
Dynasty Trusts and the Rule Against Perpetuities By Stephen M. Margolin and Mitchell D. Weinstein March 1999 Article, Page 134 Dynasty trusts can be just the estate planning device your client needs, but take care not to run afoul of rule against perpetuities and the Internal Revenue Code.
Dynasty trusts, employee-discharge pointers, and more By Stephen C. Buser March 1999 Column, Page 123 For you estate planners, we offer an article by Messrs. Margolin and Weinstein on the interplay between dynasty trusts and that law-student's nightmare, the rule against perpetuities.
The E-mail FAQ By Todd Flaming June 1999 Column, Page 333 Can you catch a virus from an e-mail message? What's a listserver? Read on and find out.
Editor's Note By Stephen C. Buser December 1999 Column, Page 627 Managed-care reform statute takes effect on 1/1/00.
Editor's Note By Stephen C. Buser November 1999 Column, Page 567 Employment law in the spotlight Doyle v Holy Cross Hospital, one of the most important employment-law cases this year, is the centerpiece of this month's Journal. Two sets of authors consider the case and its implications from different perspectives and offer pointers to help you serve your employer-clients.
Editor's Note By Stephen C. Buser October 1999 Column, Page 511 Lincoln Award Contest; the Journal is the Winner
Editor's Note By Stephen C. Buser September 1999 Column, Page 450 Grandparents have rights, too.
Electronic finger-imaging requirements for assistance program eligibility December 1999 Illinois Law Update, Page 636 On October 15, 1999, the Illinois Department of Human Services adopted a new sub-section to section 117 of the Illinois Administrative Code. 89 Ill Adm Code 117. Section 117.92 .
Employer Violates Pregnancy Discrimination Act When It Bases Discharge of Pregnant Employee on the Presumption of Future Absenteeism September 1999 Illinois Law Update, Page 460 On July 9, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the United States District Court for the Northern District of Illinois's determination that defendant/employer had violated the Pregnancy Discrimination Act, 42 USC §2000e(k).
Enforcement of Child Support April 1999 Illinois Law Update, Page 190 On January 22, 1999, the Illinois Department of Public Aid adopted amendments to section 160. 89 Ill Adm Code 160.
Enforcing Judgments Against Property Held in Tenancy by the Entirety By Ronald R. Peterson and David R. Seligman April 1999 Article, Page 196 When and how can creditors attack married debtors' transfer of property from joint tenancy to tenancy by the entirety? A discussion of the murky law.
Environmental Remediation and Tax Credit January 1999 Illinois Law Update, Page 13 On October 26, 1998 the Pollution Control Board adopted amendments to section 740 of its administrative rules. 35 Ill Adm Code 740.
The Environmental Remediation Tax Credit: A Primer By Kathleen M. Hennessey December 1999 Article, Page 666 This new -- and underused -- state program helps developers finance brownfield cleanups.
Exclusion of Damage-Reducing Evidence in Injury Litigation By Roy C. Dripps July 1999 Article, Page 368 Here's how to exclude evidence that would tend to lessen damages if admitted.
Explaining Yourself By Benjamin Goldgar January 1999 Column, Page 54 You don't need to write "persuasively''; simply explain and the persuasion will take care of itself.
Extension of child care assistance November 1999 Illinois Law Update, Page 575 On August 20, 1999, the Illinois Department of Human Services adopted emergency amendments to section 50.230 of the Illinois Administrative Code. 89 Ill Adm Code 50.230.
Extension of standards to obtain immigrant status for assistance under several state programs August 1999 Illinois Law Update, Page 406 On May 30, 1999, the Illinois Department of Human Services adopted amendments under sections 112, 113, and 114 of the Illinois Administrative Code. 89 Ill Adm Code 113-15.
Extension of treatment assistance for alcoholism and substance abuse October 1999 Illinois Law Update, Page 521 On July 23, 1999, the Illinois Department of Human Services adopted emergency amendments to section 2090 of the Illinois Administrative Code. 77 Ill Adm Code 2090.
The Federal and Illinois Y2K Acts By James R. Covington October 1999 Column, Page 549 Whether Jan. 1, 2000, is apocalyptic or just another bump in the road, practitioners need to familiarize themselves with these two acts.
Finding and Citing Law in the Information Age By Timothy L. Bertschy March 1999 Column, Page 124 One of the fundamental tasks of a lawyer is to find the law and communicate that authority to others.
Five Steps to Improving Client Relations and Reducing Legal Malpractice Claims By Anne E. Thar August 1999 Column, Page 437 How not to get on your client's bad side — and the wrong side of a malpractice suit.