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Illinois Bar Journal
Articles From 2004

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2003 Illinois Supreme Court Civil Cases: Fees and Family Law, "No" to Immunity, and More By Nancy J. Arnold and Tim Eaton April 2004 Article, Page 180 A look at last year's leading supreme court civil cases.
2003 Illinois Supreme Court Criminal Cases: Traffic Stops and Apprendi Retroactivity By Evelyn G. Baniewicz April 2004 Article, Page 190 A look at the leading criminal law decisions from the 2003 term
The 2004 Allerton House Conference: Balancing Economy, Efficiency, and Fairness By Jeffrey A. Parness November 2004 Article, Page 590 This year's conference addressed court funding, litigation expenses, settlement talks, and more.
2004 Spring Session Roundup By Jim Covington August 2004 Column, Page 402 A look at selected legislation passed in 2004 and awaiting the Governor's signature.
Accepting fee payments by credit card; priceless? By Helen W. Gunnarsson May 2004 Lawpulse, Page 236 Charging interest on late accounts and accepting fee payments by credit card are a carrot-and-stick approach to getting paid on time.
Additional disclosures required of mobile home park owners P.A. 093-1043 December 2004 Illinois Law Update, Page 620 Effective June 1, 2005, certain written disclosures are required of mobile home park owners in connection with every lease or sale, and upon renewal of a lease of a mobile home or lot in a mobile home park.
Additional eligibility and benefits for women in the Illinois Healthy Women Program October 2004 Illinois Law Update, Page 514 The Illinois Department of Public Aid recently adopted amendments to 89 Ill Adm Code 120.540 and 140.486.
Ademption preemption By Helen W. Gunnarsson December 2004 Lawpulse, Page 614 Remember the ademption doctrine from your Wills and Estates class? No? Read on.
Administrative order of the Department of Public Aid, establishing a lien on a joint account for collection of past-due child support, was against the manifest weight of documentary and testimonial evidence April 2004 Illinois Law Update, Page 176 On January 21, 2004, the Appellate Court of Illinois, Second District, affirmed the judgment of the Circuit Court of Winnebago County, reversing an administrative order of the Illinois Department of Public Aid as against the manifest weight of the evidence.
Administrative Review Act creates a right to amend a complaint in specific circumstances November 2004 Illinois Law Update, Page 568 On August 4, 2004, the Illinois Appellate Court, Second District, reversed the Circuit Court of DuPage County's dismissal of the plaintiff's complaint. 
Adult Literacy Grant Program Modified March 2004 Illinois Law Update, Page 124 The Secretary of State's office adopted amendments to 23 Ill. Adm. Code 3040, calling for significant changes to the Adult Literacy Grant Program. 
Aggravated battery cannot be the predicate offense for felony murder. January 2004 Illinois Law Update, Page 16 On October 17, 2003, the Illinois Supreme Court reversed in part, affirmed in part, and remanded the appellate court's decision to overturn the defendant's conviction of felony murder because it was improperly predicated upon aggravated battery.
All civil rights claims, whether based on federal or state law, shall be prosecuted in an administrative forum, as required by the Illinois Human Rights Act July 2004 Illinois Law Update, Page 340 On April 12, 2004, the Fifth District Appellate Court held that the Circuit Court of St. Clair County did not have subject matter jurisdiction over an employee's Age Discrimination in Employment Act (ADEA) claim.
All in the (nontraditional) family By Helen W. Gunnarsson December 2004 Lawpulse, Page 614 The supreme court rules that a man can't vacate a voluntary acknowledgement of paternity even if DNA evidence shows he isn't the father.
The Alligator in the Toilet: 10 Loss-Prevention Myths Debunked By Karen Erger June 2004 Column, Page 319 You've heard about the albino alligators in the sewers of New York, right? And the Nigerian get-rich-quick scheme? And the lawyer who was too good to get sued?
Allowing property to pass intestate cannot be considered an act of giving September 2004 Illinois Law Update, Page 456 On June 17, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the circuit court's grant of summary judgment in favor of the defendants. 
Amendments Adopted by Department of Children and Family Services March 2004 Illinois Law Update, Page 124 The Department of Children and Family Services recently amended 89 Ill. Adm. Code 431. 
Amendments Adopted by the Department of Natural Resources July 2004 Illinois Law Update, Page 340 The Department of Natural Resources recently adopted amendments to 17 Ill Adm Code 130, effective April 15, 2004. 
Amendments Adopted by the Department of Public Aid July 2004 Illinois Law Update, Page 340 The Department of Public Aid recently adopted amendments to 89 Ill Adm Code 120, effective on April 1, 2004.
Amendments Adopted by the Department on Aging August 2004 Illinois Law Update, Page 398 Effective on May 21, 2004, the Illinois Department on Aging recently adopted amendments to 89 Ill Adm Code 240. 
Amendments Adopted by the State Board of Education August 2004 Illinois Law Update, Page 398 The Illinois State Board of Education recently adopted amendments to 23 Ill Adm Code 350 effective on May 3, 2004.
Amendments Adopted Regarding Telecommunications Access to Persons with Disabilities March 2004 Illinois Law Update, Page 124 The Illinois Commerce Commission recently adopted amendments to 83 Ill. Adm. Code 755. 
Amendments Adopted Regarding Toll Violation Hearing Requirements and Procedures August 2004 Illinois Law Update, Page 398 The Illinois Toll Highway Authority recently adopted amendments to 92 Ill Adm Code 2520.
Amendments by the Department of Human Services July 2004 Illinois Law Update, Page 340 The Department of Human Services adopted amendments to both 89 Ill Adm Code 676 and 677, effective April 8, 2004. 
Amendments Made to Implement Health Care Worker Background Check Act February 2004 Illinois Law Update, Page 70 The Illinois Department of Public Health recently adopted amendments to 77 Ill. Adm. Code 210. 
Amendments made to Public Museum Grants Program April 2004 Illinois Law Update, Page 176 The Illinois Department of Natural Resources recently adopted amendments to 23 Ill Adm Code 3200. Effective January 26, 2004, the changes incorporate legislation amending the authorizing statute for the Public Museum Grants Program. 
Amendments Made to the Medical Payment Program June 2004 Illinois Law Update, Page 292 The Illinois Department of Public Aid recently adopted amendments to 89 Ill. Adm. Code 140.
Amendments made to the Site Remediation Program May 2004 Illinois Law Update, Page 242 The Pollution Control Board recently adopted amendments to 35 Ill. Adm. Code 740, relating to the Site Remediation Program (SRP).
Application of the audit interference doctrine in the accounting malpractice context is consistent with general tort principles and Illinois common law. March 2004 Illinois Law Update, Page 124 On December 18, 2003, the Illinois Supreme Court affirmed the trial and appellate courts' application of the "audit interference" doctrine, limiting consideration of the plaintiff's comparative negligence to instances in which it contributed to the accountant's failure to properly perform an audit. 
Applying the Frye Standard to Expert Testimony; A Guide for Lawyers and Judges By Hon. Robert J. Steigmann July 2004 Article, Page 363 Here's an appellate court justice's framework for analyzing Frye issues.