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Illinois Bar Journal
Articles From 2004

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Appointed counsel can withdraw from post conviction proceedings for lack of meritorious issues December 2004 Illinois Law Update, Page 620 On September 23, 2004, the Illinois Supreme Court affirmed the judgments of the appellate and circuit courts which granted counsel's motion to withdraw. 
Are Statutory Health Care POAs HIPAA-Compliant? By Helen W. Gunnarsson June 2004 Article, Page 302 Do your health care POA forms pass HIPAA muster? Read and find out.
Arsonists to be entered into the Illinois Citizens and Law Enforcement Analysis and Reporting System P.A. 093-0949 October 2004 Illinois Law Update, Page 514 Effective January 1, 2005, the Department of State Police will begin entering into the Illinois Citizens and Law Enforcement Analysis and Reporting System (I-CLEAR) names and addresses of arsonists.
At Last, a New Guidebook for Illinois Legal Researchers By Phill Johnson May 2004 Column, Page 271 Here's review of the first new Illinois legal research tome in well over a decade.
Attorney fees, family law and In re Marriage of King By Helen W. Gunnarsson March 2004 Lawpulse, Page 118 The Illinois Supreme Court has given divorce lawyers one more reason to get as much of their fee up front as possible.
Background Checks Required for Euthanasia Technicians P.A. 093-0626 May 2004 Illinois Law Update, Page 242 Effective immediately, each applicant for certification as a euthanasia technician must have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form.
Because the evidence clearly demonstrated that the proposed move could enhance the quality of life for her children, the trial court’s denial of the mother’s removal petition was against the manifest weight of the evidence September 2004 Illinois Law Update, Page 456 On June 17, 2004, the Illinois Appellate Court, Second District, held that the trial court's determination that removal of the petitioner's children from Illinois to Switzerland was not in the children's best interests was against the manifest weight of the evidence.
Because the limitations period was statutorily shortened at the time they filed their complaint, the plaintiffs should have been given reasonable time to file and the void ab initio doctrine should not have been applied August 2004 Illinois Law Update, Page 398 On May 21, 2004, the Illinois Appellate Court, Second District, reversed the trial court's grant of the defendant's motion to dismiss and held that departure from the void ab initio doctrine was justified by the reasonable period doctrine with respect to the plaintiffs' claims. 
A better way to fight fraud is under your thumb By James K. Weston October 2004 Column, Page 542 Let's amend the notary law to require a thumbprint with the signature.
A biological father of a stillborn child who can establish his parentage is the “next of kin.” January 2004 Illinois Law Update, Page 16 On October 17, 2003, the Illinois Supreme Court affirmed the judgment of the appellate court, holding that a claimed biological father of a stillborn child has standing to prove his parentage and serve as administrator of the child's estate in a wrongful death case.
Birth of a Career: The Class of 2003 By Terrence J. Lavin January 2004 Column, Page 8 One of the plums of this position as the president of your Illinois State Bar Association is the opportunity to speak to newly admitted attorneys at the swearing-in ceremony conducted by the Illinois Supreme Court.
Board of Education Must Publish a List of “Persistently Dangerous” Schools P.A. 93-0633 March 2004 Illinois Law Update, Page 124 Effective immediately, the State Board of Education will maintain data and annually publish a list of persistently dangerous schools
The Brave New World of Electronic Evidence Discovery By R. Mark Halligan June 2004 Article, Page 296 Most information is stored and sent electronically, but most litigators live in the peper-laden past. Here's an overview of e-discovery issues.
Breach of fiduciary duty is an equitable action for which no constitutional right to a jury trial exists October 2004 Illinois Law Update, Page 514 On July 8, 2004, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of DuPage County to strike a defendant-beneficiary's demand for a jury trial.
Brief-Building: The Finishing Touches By Maureen B. Collins March 2004 Column, Page 153 You've built a well-reasoned, well-argued edifice; don't sabotage your effort by neglecting the final flourishes.
Brown v Board and the ISBA Board By Terrence J. Lavin March 2004 Column, Page 116 Americans are great about celebrating anniversaries. We celebrate the anniversary of heroic or tragic national events. 
Building a Solid Foundation By Maureen B. Collins February 2004 Column, Page 105 Last month's column looked at the "prep work" necessary for a brief. This month, we focus on the framework.
Burnout and the High Cost of Turnover By Paul Sullivan August 2004 Column, Page 431 Does burnout have your best employees looking elsewhere? Learn the warning signs and find out how you can create a less stressful working environment.
Can cities cap med-mal damage awards? By Helen W. Gunnarsson September 2004 Lawpulse, Page 450 Does home rule authority really empower cities to regulate medical malpractice litigation? Not likely, observers say.
Capital Punishment Reform and the Illinois Supreme Court: at the Forefront of Change By Judge Michael P. Toomin December 2004 Article, Page 642 The supreme court had already implemented some of the reforms later recommended by the Ryan commission, this author notes.
Capital Punishment Reform; What’s Been Done and What Remains to Be Done By Thomas P. Sullivan April 2004 Article, Page 200 A summary of changes wrought by Illinois' capital punishment reform legislation.
Carnival and Amusement Insurance Regulated February 2004 Illinois Law Update, Page 70 The Illinois Carnival-Amusement and Safety Board adopted amendments to 56 Ill. Adm. Code 6000 to establish and clarify regulations related to insurance coverage on carnival and amusement rides.
The Case for Allowing Expert Assistance at Depositions By Leon I. Finkel and Lena Goretsky Winters March 2004 Article, Page 151 The authors argue that courts should routinely allow attorneys to bring retained experts to help depose opponents.
Cause of action recognized for negligent issuance of a life insurance policy based upon the proposed insured’s lack of knowledge and consent to the policy April 2004 Illinois Law Update, Page 176 On January 23, 2004, the Illinois Supreme Court affirmed the judgment of the appellate court, which reversed the circuit court's grant of the defendant's motion to dismiss.
The Challenge of Representing Mentally Impaired Clients By Helen W. Gunnarsson October 2004 Article, Page 518 You think your client's judgment might be impaired – must you do what he asks? Can you talk to the family? A look at governing law.
Challenging Property Seizures Under Illinois Civil Asset Forfeiture Law/Raising an Excessive Fines Clause Challenge By Hon. William James Haddad and James C. Murray Jr. July 2004 Article, Page 365 Illinois law gives the state broad power to seize drug and crime assets; here's how to mount a challenge.
Challenging the Medical Studies Act’s Peer-Review Privilege By Judy L. Cates November 2004 Article, Page 582 A plaintiff's-eye view of this important limit on discovery in med-mal cases.
Change Made to Business Organization Definition May 2004 Illinois Law Update, Page 242 The Illinois Office of the Secretary of State has adopted a simple, yet important, regulatory change for defining business organizations. 
Changes in Place for Special Education Certification March 2004 Illinois Law Update, Page 124 The Illinois State Board of Education recently adopted amendments to 23 Ill. Adm. Code 27, governing the Standards for Certification in Specific Teaching Fields. 
Charter Bus Contracts Must Have Specific Language P.A. 093-0644 April 2004 Illinois Law Update, Page 176 All contracts for providing charter bus services for the sole purpose of transporting students regularly enrolled in grade 12 or below to or from interscholastic athletic or interscholastic or school sponsored activities.