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Illinois Bar Journal
Articles From 2005

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Illinois law practices: removing the “not for sale” sign By Helen W. Gunnarsson July 2005 Lawpulse, Page 330 The Illinois Supreme Court adopts a rule – long sought by ISBA – allowing lawyers to sell their practices.
The Illinois Procurement Code amended June 2005 Illinois Law Update, Page 280 Effective on March 28, 2005, the Illinois State Board of Education amended subsections 4545 and 5520 of 44 Ill Adm Code 1100. 
Illinois responds to hunger in schoolchildren by mandating food service programs—PA 093-1086 May 2005 Illinois Law Update, Page 232 In response to the problems of hunger and food insecurity facing Illinois families as a result of increasing unemployment, the Childhood Hunger Relief Act was passed on February 15, 2005, as a means of alleviating malnutrition and promoting academic achievement in low-income children. 
Illinois Supreme Court 2004: Taking on the Tough Issues By Nancy J. Arnold and Tim Eaton April 2005 Article, Page 174 Last year the court confronted contentious issues that matter not just to lawyers but to the public at large.
Illinois Supreme Court Criminal 2004: Consensus and Clarification By Evelyn G. Baniewicz April 2005 Article, Page 182 Four-fifths of the court's criminal law decisions were without dissent, and only four were death-penalty appeals.
The Illinois Workers’ Compensation Commission: More Than a New Name By David L. Montenegro March 2005 Article, Page 138 Seven additional arbitrators and an accelerated trial cycle will make the agency more efficient and expeditious.
IMDMA requires notice of remarriage to sex offender PA 094-0643 November 2005 Illinois Law Update, Page 564 Beginning on January 1, 2006, Illinois law requires the consideration of an additional factor when determining custody in "the best interest of the child."
In Defense of Kelo: One Lawyer’s Take on Takings By John H. Brechin October 2005 Article, Page 524 An approving look at the U.S. Supreme Court's much-criticized Kelo v City of New London.
Interception of e-mail by ISP violates Wiretap Act By Helen W. Gunnarsson October 2005 Lawpulse, Page 498 A federal appeals court comes down hard on an Internet service provider that reads other peoples' mail. Among other things, the case shows how easily e-mail can be intercepted.
Internet dissemination of sex offender information does not violate the right to privacy March 2005 Illinois Law Update, Page 116 On December 2, 2004, the Illinois Supreme Court reversed the circuit court's dismissal of the defendant's charge.
Investigators in capital cases may obtain criminal information on potential witnesses PA 093-1011 March 2005 Illinois Law Update, Page 116 Effective January 1, 2005, the State Appellate Defender may hire investigators to provide investigative services to appointed counsel and county public defenders. 
IRAs and Bankruptcy in Illinois By Robert S. Held August 2005 Article, Page 414 Creditors are unlikely to reach an Illinois resident's IRA account - find out why.
Is the Family LLC Still a Good Asset Protection Device? By David Berek May 2005 Column, Page 256  Is a debtor's interest in a family LLC still beyond the reach of creditors?
Is the Illinois Mechanics Lien Act Unconstitutional? By Roger L. Price June 2005 Article, Page 298 The author reviews recent decisions on the constitutional validity of the Act and recommends legislative action.
Is Your Law Practice ADA Compliant? By Helen W. Gunnarsson April 2005 Article, Page 188 Every private practice is a "public accommodation" under the ADA. Are you meeting your obligations to clients and others with disabilities?
A jumbo legal malpractice case goes to the high court By Helen W. Gunnarsson April 2005 Lawpulse, Page 162 All eyes are on the Tri-G legal malpractice case, where the appellate court ruled for the plaintiff to the tune of $2.3 million.
Jury Deselection By Hon. Ron Spears August 2005 Column, Page 420 You don't pick who serves on your jury – you pick who doesn't.
A jury’s determination of first degree murder and a trial court’s imposed sentence are accorded great deference September 2005 Illinois Law Update, Page 446 On June 30, 2005, the Illinois Appellate Court, First District, affirmed the defendant's murder conviction, which he received following a jury trial in the Circuit Court of Cook County.
“Killed in the Line of Duty” classification expanded PA 093-1073 March 2005 Illinois Law Update, Page 116 Effective January 18, 2005, the Line of Duty Compensation Act (820 ILCS 315) is amended to include certain revisions to sections 2 and 3, respectively.
Knowledge mens rea required to prove theft of labor or services June 2005 Illinois Law Update, Page 280 On March 31, 2005, the Illinois Appellate Court, Second District, reversed the judgment, via a jury verdict, of the Circuit Court of Du Page County, convicting the defendant of misdemeanor theft of services. 
Language assistance services mandated for hospitals and long-term care facilities April 2005 Illinois Law Update, Page 170 The Illinois Department of Public Health recently adopted 77 Ill Adm Code 940, implementing the requirements of the Language Assistance Services Code. 
Law amended to promote and enhance mass transportation service PA 093-1004 February 2005 Illinois Law Update, Page 68 On August 24, 2004, the Department of Transportation Law of the Civil Administration Code was amended by adopting the Illinois Transit Ridership and Economic Development (TRED) Pilot Project Program, 20 ILCS 2705/2705-321
Law firm’s failure to register under Rule 721 not UPL By Helen W. Gunnarsson July 2005 Lawpulse, Page 330 And that means an unregistered firm can collect its attorney fee award, the supreme court holds.
A lawful strike must meet all of the prerequisites in the Labor Relations Act August 2005 Illinois Law Update, Page 390 On May 26, 2005, the Illinois Appellate Court, First District, vacated and remanded the decision of the Illinois State Labor Relations Board ("Board") finding that the Amalgamated Transit Union Local 241 ("Union") did not violate its duty to bargain in good faith when it contemplated and took actions in furtherance of a strike. 
Lawyer Training: Time for a Legal Residency? By Ole Bly Pace III February 2005 Column, Page 60 The growth in new lawyers is overwhelming our traditional post-law-school training system.
Legal malpractice claims are not valid unless plaintiff suffered actual monetary damages December 2005 Illinois Law Update, Page 622 On September 22, 2005, the Illinois Supreme Court reversed the judgment of the Illinois Appellate Court, First District.
Legislature addresses increased incidence of autism PA094-0632 December 2005 Illinois Law Update, Page 622 In response to findings by the Centers for Disease Control and Prevention that diagnoses of autism have risen considerably in Illinois, the general Assembly has promulgated the Autism Spectrum Disorders reporting Act.
Lenders: Document Collateral Properly or Become an Inadvertent Unsecured Creditor By Timothy C. Culbertson October 2005 Article, Page 534 An oft-neglected Illinois UCC requirement for describing collateral could be a pitfall for secured creditors.
Lexis and Westlaw Lite By Thomas Keefe March 2005 Column, Page 146 The Big Two legal data providers offer more affordable options than ever.
Limited Liability Company Act revised - PA094-0607 October 2005 Illinois Law Update, Page 506 Effective August 16, 2005, the Limited Liability Company Act (805 ILCS 180) (Act) is revised by altering section 50-10 and adding section 37-40.