Publications

Illinois Bar Journal
Articles From 2005

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Correspondence from Our Readers June 2005 Column, Page 270 An Impartial Look at Tort Reform?
Correspondence from Our Readers May 2005 Column, Page 222 Nonprofits' billing practices; bankruptcy lawyers and divorce.
Correspondence from Our Readers April 2005 Column, Page 158 Pro bono – the system must be fair.
Correspondence from Our Readers March 2005 Column, Page 106 Search and Seizure and the Illinois Constitution 
Correspondence from Our Readers February 2005 Column, Page 58 QDROs and Social Security numbers
Crawford, Breathalyzer Tests, and the Public-Records Hearsay Exception By Hon. William J. Haddad August 2005 Article, Page 412 May breathalyzer logbook entries still be introduced in Illinois under the public-records exception?
Crawford v Washington and the Limits on Admitting Hearsay in Criminal Trials By John H. Gleason August 2005 Article, Page 408 Crawford limits a judge's discretion to admit hearsay against criminal defendants. Here's a discussion of the case's impact and  unanswered questions.
Criminal records relating to certain offenses may be sealed PA 093-1084 May 2005 Illinois Law Update, Page 232 The State has authorized the sealing of certain criminal records of adults and of minors who were prosecuted as adults
Custodian requirements of Juvenile Court Act of 1987 amended PA 094-0604 November 2005 Illinois Law Update, Page 564 On August 16, 2005, section 2-10 of the Juvenile Court Act of 1987 (705 ILCS 405/1-1 et seq) was modified to provide for more precise standards of conduct in instances where the Department of Children and Family Services (DCFS) is appointed as the temporary custodian of a minor.
The Dangers of Successor Liability When buying Illinois Business Assets By Raymond P. Kolak December 2005 Article, Page 640 Buying the assets, rather than the stock, of a business does not always protect the buyer from the seller's liabilities.
Day care centers must notify parents when pesticides applied June 2005 Illinois Law Update, Page 280 The Illinois Department of Children and Family Services has amended 89 Ill Adm Code 407. 
Deadline Extensions in Federal Court: The Procrastinator’s Guide By Neil Dishman July 2005 Article, Page 354 You just blew a crucial deadline – will the judge grant you more time? This explains which excuses work best.
Defense counsel must strictly comply with requirements of SCR 604(d) motion April 2005 Illinois Law Update, Page 170 On February 15, 2005, the Illinois Appellate Court, Second District, reversed and remanded the Circuit Court of Kane County's decision rejecting the defendant's Supreme Court Rule 604(d) motion.
Department of Public Health will provide free flu vaccinations PA 093-0943 March 2005 Illinois Law Update, Page 116 Effective January 1, 2005, the Department of Public Health (Department) shall establish and administer a program under which any eligible individual shall, upon the eligible individual's request, receive an influenza vaccination once each year at no cost to that eligible individual. 
Disappointed Would-Be Legatees: Who Has Standing to Contest a Will? By Ray J. Koenig and Adam S. Kornblatt June 2005 Article, Page 294 Suppose your client was left out of a will — can he contest it? This article discusses the legal landscape.
Disclosure of Government Documents: The Deliberative-Process Exemption By Paul N. Keller March 2005 Article, Page 140 Documents considered by a public body in formulating policy decisions are often exempt from disclosure under federal and state law.
Don’t Let the Open-and-Obvious “Distraction” Exception Swallow the Rule By Beth C. Boggs and Douglas B. Keane November 2005 Article, Page 578 The authors argue that some courts have unwisely expanded the"distraction"exception to the rule barring recovery for injury causedby an open and obvious danger.
E-filing comes to DuPage County By Helen W. Gunnarsson January 2005 Lawpulse, Page 8 Electronic filing has come to one Illinois circuit court. Can the rest be far behind?
An E-Minder By Karen Erger June 2005 Column, Page 316 Would you want to read that e-mail in the newspaper? Think before you send.
Electronic signature for class attendance verification allowed July 2005 Illinois Law Update, Page 336 The Illinois Community College Board (ICCB) recently amended Title 23, Part 1501, of the Illinois Administrative Code (23 Ill Adm Code 1501). 
Employee misconduct reporting requirement removed by Department of Children and Family Services September 2005 Illinois Law Update, Page 446 Effective June 8, 2005, Part 434 of Title 89 was amended to remove reporting requirements and to implement administrative changes regarding audits and cost reports.
Employees required to report misappropriation of residents’ property in nursing homes - PA 094-0026 August 2005 Illinois Law Update, Page 390 Effective January 1, 2006, the Nursing Home Care Act ("Act") is amended by adding new section 1-116.5 and altering section 3-610. 
Employers to file quarterly tax returns for deductions and withholdings November 2005 Illinois Law Update, Page 564 The Illinois Department of Revenue (Department) recently amended Part 100 of Title 86, effective August 15, 2005.
Equitable remedy is proper when a legal remedy will not adequately compensate the harmed party May 2005 Illinois Law Update, Page 232 On March 1, 2005, the Illinois Appellate Court, Fifth District, affirmed the Circuit Court of Madison County's decision granting the plaintiff a preliminary injunction which required the defendant to honor a covenant not to compete indefinitely. 
Extended coverage in the Aid to the Aged, Blind, or Disabled Program March 2005 Illinois Law Update, Page 116 The Illinois Department of Human Services recently amended Part 113 of Title 89 of the Illinois Administrative Code, 89 Ill Adm Code 113.
Failure to argue self-defense as part of litigation strategy does not constitute ineffective assistance of counsel May 2005 Illinois Law Update, Page 232 On March 8, 2005, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Champaign County, convicting the defendants on counts of aggravated battery, resisting a police officer, and obstructing a police officer.
Failure to register under Supreme Court Rule 721(c) does not amount to the unauthorized practice of law June 2005 Illinois Law Update, Page 280 On March 24, 2005, the Illinois Supreme Court reversed the orders of both the appellate and circuit courts, which vacated an attorney fees award. 
Family Law: A Crucible for Change By Robert K. Downs September 2005 Column, Page 436 If we want to improve the image of our profession, let's improve the practice of family law.
A Family Lawyer’s Guide to Bankruptcy By Peter C. Alexander February 2005 Article, Page 80 Divorce and financial distress often go hand in hand. Here's a bankruptcy primer for matrimonial lawyers.
Fee arrangements made prior to a client’s death will remain in tact, absent proof of intent to change the fee arrangement June 2005 Illinois Law Update, Page 280 On March 18, 2005, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's decision denying a motion for declaratory judgment by the defendants.