Publications

Illinois Bar Journal
Articles From 2001

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Defending Transportation Cases: A Pretrial Preparation Primer By James F. McCluskey and E. Angelo Spyratos January 2001 Article, Page 41 Defense lawyers: think "trial" the minute you get a case.
Definitions and disclosure amended December 2001 Illinois Law Update, Page 624 On September 14, 2001, the Illinois Department of Children and Family Services (department) adopted amendments and additions to section 301 of the Illinois Administrative Code. 89 Ill Adm Code 301.
Disaster Recovery Basics By Todd Flaming December 2001 Column, Page 659 With some basic disaster planning, you can keep your practice up and running even if your office is damaged or destroyed.
Disaster volunteers December 2001 Illinois Law Update, Page 624 On September 14, 2001, the Illinois Department of Central Management Services adopted an emergency amendment to section 303 of the Illinois Administrative Code. 80 Ill Adm Code 303.
Discussing docs and deps By Helen W. Gunnarsson October 2001 Lawpulse, Page 510 Members of an ISBA online discussion group warm to the subject of whether doctors charge too much for deposition fees.
Does Illinois' eavesdropping statute make felons of us all? By Helen W. Gunnarsson December 2001 Lawpulse, Page 620 A critic of the statute says it makes videotaping your child's baseball game a criminal act.
Domestic abusers intervention programs July 2001 Illinois Law Update, Page 342 On April 28, 2001, the Illinois Department of Human Services (department) adopted a new part to section 501 of the Illinois Administrative Code.
Domestic violence victims may gain greater protection ; S.B. 175 June 2001 Illinois Law Update, Page 286 If signed into law, legislation recently passed by both houses of the Illinois General Assembly would provide greater protection for abused spouses.
Don't Just Say It; Present It By Maureen B. Collins February 2001 Column, Page 99 Use technology to project; literally; an image that will impress your audience.
Don't Let Your Client Be Labeled a Predatory Lender By Mavis W. Kennedy November 2001 Article, Page 595 A review of federal and state predatory-lending laws, including new regulations from the Illinois Office of Banks and Real Estate.
The Dos and Don'ts of Rule 213 Opinion Witness Discovery By Daniel P. Wurl January 2001 Article, Page 22 Guidelines for conducting opinion witness discovery in Illinois.
Double jeopardy provisions prohibit ordering of new trial to correct erroneous evidentiary ruling at first trial February 2001 Illinois Law Update, Page 60 On December 1, 2000, the Illinois Supreme Court reversed the appellate court and held that ordering a new trial to correct an evidentiary ruling unfavorable to the state during the first trial, after entering a judgment of acquittal notwithstanding the verdict, violated double jeopardy provisions.
Drivers failing to yield may face stiffer penalties ; H.B. 0180 March 2001 Illinois Law Update, Page 116 Representative Mike Bost, R-Murphysboro, hopes a new proposal will cut down on the number of "rubbernecking" drivers who fail to yield to emergency vehicles.
Drug Assistance Program September 2001 Illinois Law Update, Page 454 On July 1, 2001, the Illinois Department of Revenue (department) adopted emergency amendments to section 530 of the Illinois Administrative Code. 86 Ill Adm Code 530.
Early childhood services September 2001 Illinois Law Update, Page 454 On July 1, 2001, the Illinois Department of Human Services (department) adopted a new amendment to section 500 of the Illinois Administrative Code. 89 Ill Adm Code 500.
"Eliminate the Digital Divide" Program February 2001 Illinois Law Update, Page 60 On November 6, 2000, the Illinois Department of Commerce and Community Affairs (DCCA) adopted emergency rules to section 546 of the Illinois Administrative Code.
Emission inspection training and certification June 2001 Illinois Law Update, Page 286 On March 1, 2001, the Illinois Department of State Police (department) adopted emergency rules to section 1293 of the Illinois Administrative Code. 20 Ill Adm Code 1293.
Enforcing Judgments Against Real Estate in Illinois: A Step-By-Step Guide By Raymond J. Ostler May 2001 Article, Page 234 A guide through the levy-sale process, including a newly effective law governing court approval of levy sales.
Evidentiary hearing was necessary in death penalty appeal to determine whether the state would have exercised a peremptory challenge in the absence of gender-related motivations May 2001 Illinois Law Update, Page 230 On March 2, 2001, the Illinois Supreme Court reversed the circuit court's dismissal of the defendant's post-conviction petition filed in a death penalty case.
Expanded hearsay exception for victims of elder abuse ; P.A. 92-091 September 2001 Illinois Law Update, Page 454 Gov. Ryan recently signed legislation expanding the hearsay exception for incapacitated seniors.
The Expanding Scope of HMO Liability in Illinois By Michelle M. Jochner February 2001 Article, Page 64 A review of three groundbreaking HMO liability cases that change the landscape of medical malpractice litigation.
Expert Communication By Marianne Ley Hayek December 2001 Column, Page 661 How do you help your expert communicate more effectively? By communicating more effectively to your expert.
Failure of jury instructions to specify a finding on quantity of drugs, while erroneous, was harmless error given the overwhelming evidence supporting the sentence November 2001 Illinois Law Update, Page 568 On September 7, 2001, the seventh circuit court of appeals affirmed the defendant's convictions for several drug-related possession and distribution charges and his prison sentence of 468 months.
Failure to give jury instruction on witness believability was an abuse of discretion when a police officer testified to material facts omitted from his written report October 2001 Illinois Law Update, Page 516 On August 16, 2001, the Appellate Court of Illinois, Second District, held that the trial court abused its discretion when it refused to accept the defendant's requested jury instruction on witness believability.
Family-Law Resources on the Internet for Illinois Lawyers By Adria P. Olmi November 2001 Column, Page 603 A roundup of helpful Web sites and other family-law 'Net resources.
Farm development August 2001 Illinois Law Update, Page 398 On May 30, 2001, the Illinois Farm Development Authority adopted amendments to section 1400 of the Illinois Administrative Code. 8 Ill Adm Code 1400. The rule has the effect of removing the 50 percent cap on using Young Farmer Guarantee Program loans to refinance existing debt in order to improve lien positions.
Federal Boat Safety Act impliedly preempts failure-to-install claim November 2001 Illinois Law Update, Page 568 On August 16, 2001, the Illinois Supreme Court affirmed the lower court's holding that while the Federal Boat Safety Act (FBSA), 46 USC § 4301 et seq., does not explicitly preempt state common law causes of action based on a manufacturer's failure to install propeller guards on boat engines, such claims are impliedly preempted.
Federal law prohibits state courts from ordering noncustodial parents to make child support payments out of their SSI allowance December 2001 Illinois Law Update, Page 624 On August 31, 2001, the Appellate Court of Illinois, Second District, vacated the lower court's judgment that a custodial unmarried father was entitled to child support payments from the child's mother, when the mother's only income was federal Supplemental Security Income (SSI).
Fifty Ways to Leave Your Law Firm By Karen J. Dilibert June 2001 Column, Page 323 Before you jump on the train, Jane, read about how tricky it can be to say farewell to your old firm and start or join a new one.
The Fight Against UPL Continues By Tim Eaton July 2001 Column, Page 336 Traditionally, the inaugural President's Page is devoted to the new president's own programs for the coming year or to giving him or her an opportunity to share some personal insights or words of wisdom.