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Illinois Bar Journal
Articles From 2002

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An even brighter start for college savers By Helen W. Gunnarsson April 2002 Lawpulse, Page 168 Beginning last January 1, section 529 college savings plans allow contributions to grow tax-free.
Every Lawyer’s Guide to DUI By Donald J. Ramsell June 2002 Article, Page 311 An overview for lawyers who don't practice DUI law.
Evidence of parent’s conduct following removal of children from her care is irrelevant to the determination of parental unfitness under “failure to protect” provision June 2002 Illinois Law Update, Page 288 On March 21, 2002, the Illinois Supreme Court affirmed the appellate court, holding that evidence of a parent's conduct following removal of children from her care is irrelevant under the "failure to protect" provision for determining parental unfitness in a termination of parental rights proceeding under the Juvenile Court Act, 705 ILCS 405/2-29.
“Exculpatory no” doctrine is not an exception to criminal liability for obstruction of justice May 2002 Illinois Law Update, Page 232 On February 22, 2002, the Illinois Supreme Court reversed the appellate court and held that, in a criminal prosecution for obstruction of justice, the "exculpatory no" doctrine is not a defense to criminal liability.
Exemptions and deductions for Medical Assistance Program expanded September 2002 Illinois Law Update, Page 454 On June 26, 2002, the Illinois Department of Public Aid (department) adopted amendments to section 120 of the Illinois Administrative Code. 89 Ill Adm Code 120.
Expert testimony on airbag sensor system admissible if supported by proper foundation November 2002 Illinois Law Update, Page 584 On July 29, 2002, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Woodford County in this product liability case.
Fee tax turns employment-lawsuit winner into loser By Helen W. Gunnarsson October 2002 Lawpulse, Page 506 Taxing attorney fee awards as income to the plaintiff threatens to reduce an employee's award to less than zero.
File Retention: Preventing Brownfields in Your Storage Room By Karen Dilibert December 2002 Column, Page 667 How can you avoid a massive, Superfund-style client-file cleanup down the road? Here are some pointers.
Finding of an open and obvious danger does not bar finding that a product was unreasonably dangerous because of a design defect under a risk-utility analysis August 2002 Illinois Law Update, Page 402 On May 24, 2002, the Appellate Court of Illinois, First District, reversed the judgment of the Circuit Court of Cook County granting summary judgment to the defendants in this product liability case.
A First Response to Apprendi: 2001 Illinois Supreme Court Criminal Law Survey By James H. Reddy May 2002 Article, Page 254 The justices addressed a few issues raised by the U.S. Supreme Court's Apprendi ruling, but many remain.
For claim of intentional infliction of emotional distress against former spouse, specific conduct alleged in complaint must be judged within context of marital setting; continuing-tort theory is applicable in this type of action; boilerplate language in marital settlement agreement only releases parties’ liability for claims specifically listed December 2002 Illinois Law Update, Page 634 On September 18, 2002, the Appellate Court of Illinois, Fifth District, reviewed three certified questions from the circuit court of Jefferson County and remanded the cause for further proceedings.
Foreign Intelligence Surveillance Court keeps its eyes on the spies By Helen W. Gunnarsson October 2002 Lawpulse, Page 506 A brief history of the federal court that reviews the propriety of foreign intelligence wiretaps, which recently made news by denying a wiretap request for only the second time in 20-plus years.
Forgoing Interlocutory Appeals: the New “Law of the Case” By Avidan J. Stern December 2002 Article, Page 652 The Illinois Supreme Court has ruled that parties may appeal rulings at the end of a case even after forgoing an interlocutory appeal.
Forum Shopping (the Good Kind) in Custody and Guardianship Cases By M. Lee Witte and Margaret C. Benson September 2002 Article, Page 481 In custody cases, like most others, you'll increase your odds of success if you choose your forum wisely.
From Advocate to Peacemaker: Qualities and Techniques of the Successful Mediator By Richard M. Calkins and Fred Lane November 2002 Article, Page 594 Pointers for lawyers about how to play the peacemaker role.
Future injuries; the high court charts a new course By Helen W. Gunnarsson July 2002 Lawpulse, Page 338 When the Illinois Supreme Court held that plaintiffs can be compensated for the risk of future injury, it departed from precedent and followed the trend.
Getting Real-World Advice on Ethical Dilemmas By Karen J. Dilibert February 2002 Column, Page 99 Don't let your brainchildren be like the proverbial cobbler's shoeless kids; lawyer, protect your IP rights.
Government to indemnify employees for attorney fees under Tort Immunity Act P.A. 92-0810 December 2002 Illinois Law Update, Page 634 Gov. George H. Ryan signed into law an amendment to the Local Governmental and Governmental Employees Tort Immunity Act.
The Gramm-Leach-Bliley Act: Does it Apply to You? By Aaron W. Brooks and Megan G. Heeg August 2002 Article, Page 412 Many argue that GLBA's disclosure and other requirements apply to lawyers. Here's what to do.
Gravel walkway near home is not within curtilage of home and hence defendant has no expectation of privacy in property visible from the walkway August 2002 Illinois Law Update, Page 402 On May 28, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the holding of the United States District Court for the Central District of Illinois and the defendant's conviction.
A Guide to EEOC Mediations By Mary B. Manzo November 2002 Article, Page 607 Pointers about the EEOC program from the Chicago office's ADR coordinator.
Have You Hugged Your Backup Lately? By Paul Sullivan September 2002 Column, Page 489 It's not a matter of whether you'll have a computer failure but when. Here's how to tell whether your backup system is up to snuff.
Healing-Art Malpractice Report: Must the Reporter be Identified? By David F. Monteleone February 2002 Article, Page 93 This author argues that plaintiffs can ignore the disclosure provisions.
Health insurance coverage for mastectomies June 2002 Illinois Law Update, Page 288 On March 25, 2002, the Illinois Department of Insurance (department) issued emergency amendments to section 5421 of the Illinois Administrative Code. 50 Ill Adm Code 5421.
The high court overturns Illinois grandparents’ visitation statute By Helen W. Gunnarsson June 2002 Lawpulse, Page 282 The Illinois Supreme Court rules that the grandparents' visitation law unconstitutionally infringes upon parents' rights.
High-tech filing comes to bankruptcy court… By Helen W. Gunnarsson June 2002 Lawpulse, Page 282 Bankruptcy court for Illinois' southern district now requires electronic filing.
Hospital review procedures expanded November 2002 Illinois Law Update, Page 584 On September 3, 2002, the Illinois Department of Public Aid (department) adopted amendments to part 148 of title 89 of the Illinois Administrative Code, dealing with hospital services.
Illinois Constitution does not provide a witness with a privilege against self-incrimination where there is a potential criminal prosecution against him by a foreign sovereign March 2002 Illinois Law Update, Page 120 On November 21, 2001, the Illinois Supreme Court reversed the appellate court's decision to grant a defendant's interlocutory appeal, holding that the Illinois Constitution does not provide a witness with a privilege against self-incrimination because of a potential criminal prosecution against him by a foreign sovereign.
Illinois counties must have homicide protocol P.A. 92-0802 December 2002 Illinois Law Update, Page 634 Effective January 1, 2003, the Counties Code will be amended to require Illinois counties, other than "home rule" counties, to establish a written protocol to deal with homicides and questionable deaths.
Illinois Election Law and Procedure: Serious Problems, Straightforward Solutions By Brian K. LaFratta and Jamie Lake March 2002 Article, Page 130 The authors examine problems that arose in Illinois during the 2000 election and recommend solutions.