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Illinois Bar Journal
Articles From 2005

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Property Tax Code allows for post-judgment motions May 2005 Illinois Law Update, Page 232 On February 17, 2005, the Illinois Supreme Court reversed the appellate court's dismissal of the property owners' appeal and remanded the case to the appellate court. 
Proposed legislation would fix an underinsured-motorist pothole By Helen W. Gunnarsson February 2005 Lawpulse, Page 62 Even seasoned lawyers representing victims of underinsured motorists should beware this trap and encourage legislators to remove it.
Proposed Rule 225: Does Illinois Need a New Class-Action Rule? By Michael B. Hyman, Carol V. Gilden, Melinda J. Morales, Adam J. Levitt, Michael A. Pope, and Steven F. Pflaum April 2005 Article, Page 202 Proponents say Rule 225 would stop class-action abuse; Opponents say it isn't needed.  
Public aid funeral expenses to be reevaluated annually PA094-0669 December 2005 Illinois Law Update, Page 622 In order to accommodate potential changes in the market, the Illinois general Assembly amended section 12-4.11 of the Public Aid Code (305 ILCS 5/12-4.11). 
Pure Heart, Commingled Funds By Karen Erger April 2005 Column, Page 210 Your funds and your clients' don't mix. Ever.
Putting Your Firm on the Web By Mary Katherine Danna November 2005 Article, Page 572 Should you build a Web site? Buy a listing in an online directory? Here's an introduction to Web-based marketing.
Rail carriers required to provide walkways for their employees May 2005 Illinois Law Update, Page 232 The Illinois Commerce Commission (Commission) recently adopted 92 Ill Adm Code 1546, effective February 15, 2005. This part requires that rail carriers provide walkways for railway workers.
Raising an Affirmative Defense to Constructive-Discharge in Hostile-Work-Environment Cases By Athena Papachronis Herman February 2005 Article, Page 84 The Supreme Court recently established when an employer can assert an affirmative defense to a claim of supervisor–created hostile work environment that leads to constructive discharge.
Rebuilding Our Credibility by Restoring Our Professionalism By Robert K. Downs October 2005 Column, Page 496 Let's improve our public image by promoting civility and punishing misconduct.
Recent amendments address unauthorized discharges and vessel requirements at North Point Marina April 2005 Illinois Law Update, Page 170 The Illinois Administrative Code, 17 Ill Adm Code 220, was recently amended by the Department of Natural Resources.
Recent Miranda Rulings Complicate an Already Complex Standard By Kerry J. Bryson February 2005 Article, Page 76 Last year, the US. and Illinois Supreme Courts issued Miranda opinions – and the issue remains as confusing as ever.
Reducing Real Estate Fraud – Thumbprints and How Much More? By James K. Weston April 2005 Column, Page 208 Two different bills requiring notaries to maintain logbooks and record thumbprints are introduced this session.
Registry of health care professionals to be maintained - PA094-0308 October 2005 Illinois Law Update, Page 506 Beginning on July 22, 2005, the Department of Public Health is required to compile a registry of all active health care professionals. 
Removal: the Still-Evolving Standard By H. Joseph Gitlin January 2005 Column, Page 46 The Illinois Appellate Court takes yet another tack.
The Rental Housing Support Program Act's Non-Deductible Charitable Donation By James K. Weston July 2005 Column, Page 366 Effective July 1, a new law requires counties to charge an extra $10 for every real estate document they record.
Reporting requirements defined for appointees with interests in state contracts September 2005 Illinois Law Update, Page 446 Part 565 of Title 2 was recently amended to add information on reporting requirements for State appointees under the Illinois Governmental Ethics Act ("Act"). 
Reporting requirements increased for sex offenders - PA 093-0885 June 2005 Illinois Law Update, Page 280 Notice must now be given if there is an escape, death, or court-ordered change in the custody status of a detainee or a civilly committed sexually violent person.
Requirements amended for social workers renewing or restoring licenses March 2005 Illinois Law Update, Page 116 The Illinois Department of Financial and Professional Regulation recently amended Part 1470 of Title 68 of the Illinois Administrative Code, 68 Ill Adm Code 1470, effective December 8, 2004.
Requirements outlined to activate the AMBER Alert Notification Plan March 2005 Illinois Law Update, Page 116 The Illinois State Police recently adopted 20 Ill Adm Code 1292.30, effective on November 24, 2004.
Researching Illinois Administrative Law in the Electronic Age By Thomas Keefe July 2005 Column, Page 364 The Illinois Administrative Code is on the Net.
RESPA – Here We Go Again? By James K. Weston October 2005 Column, Page 540  Is HUD trying once again to amend the RESPA statute by regulation?
Retroactivity and Judicial Construction of Criminal Statutes By Larry R. Wells September 2005 Article, Page 474 When a court interprets a statute in favor of a criminal defendant, must that interpretation be applied to events that happened before that case  was decided? Yes, this author opines.
Review of venue-transfer motions: the supreme court speaks By Helen W. Gunnarsson December 2005 Lawpulse, Page 614 Trial courts deserve deference on questions of fact but not law, the high court ruled.
Revised criteria for Vocational Rehabilitation program eligibility November 2005 Illinois Law Update, Page 564 The Illinois Department of Human Services (Department) has recently amended Part 553 of Title 89. 
Rogers: Gifts are income when calculating support owed By Helen W. Gunnarsson January 2005 Lawpulse, Page 8 The Illinois Supreme Court rules that gifts to a noncustodial parent constitute income for purposes of determining his or her support obligation.
Rule changes allow compulsory appearance by notice at pretrial hearings By Helen W. Gunnarsson August 2005 Lawpulse, Page 382 Amended Supreme Court Rule 237 allows parties to compel appearances by serving a witness with simple notice, even at pretrial or expedited hearings.
Salaries at not-for-profits: the IRS takes a hard look By Helen W. Gunnarsson February 2005 Lawpulse, Page 62 If you advise or sit on the board of a tax-exempt organization, take note of an IRS initiative to make sure nonprofits aren't paying employees too much.
School Code amended to provide fast growth grants – PA 093-1042 January 2005 Illinois Law Update, Page 14 Effective October 8, 2004, the School Code (105 ILCS 5) has been amended to include a new provision under section 18-8.10. 
School Code amended to specify maximum-authorized district educational tax rate PA 093-1059 February 2005 Illinois Law Update, Page 68 Effective December 8, 2004, the School Code was amended by adding 105 ILCS 5/17.3.5, to indicate the maximum-authorized district educational tax rate.
Schools must provide public education regardless of immigration status October 2005 Illinois Law Update, Page 506 The State Board of Education recently amended Part 1 of Title 23, effective July 13, 2005.