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Illinois Bar Journal
Articles From 2006

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2006 employer unemployment contribution rates released March 2006 Illinois Law Update, Page 118 Effective January 1, 2006, the Department of Employment Security has issued new rates for employers making unemployment contributions.
2006 Spring Session Roundup By Jim Covington July 2006 Column, Page 348 New restrictions on eminent domain, another crack at grand-parents" visitation, and more.
7CA: immigration petitioners get “below the minimum standards of legal justice” By Helen W. Gunnarsson January 2006 Lawpulse, Page 10 The court reverses the Board of Immigration Appeals "a staggering 40 percent" of the time. Here's a look at the problem and some pointers for representing an asylum-seeking client.
Adding conditions to plea agreement after it is negotiated may violate defendant’s due process rights March 2006 Illinois Law Update, Page 118 On December 20, 2005, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, First District, and vacated the sentence imposed by the Circuit Court of Cook County on the defendant.
Admissibility of Damage Photos Without an Expert in Illinois By Hon. William J. Haddad November 2006 Article, Page 606 Admission of damage photos may no longer be automatic, this author opines.
Advertising legal services limited - Pa 09 -0659 January 2006 Illinois Law Update, Page 16 Effective January 1, 2006, the Illinois general Assembly amended the Attorney Act, 705 ILCS 205/1 et seq, by changing section 1. 
African-American HIV/AIDS Response Fund created PA 094-0797 August 2006 Illinois Law Update, Page 404 The Illinois General Assembly amended the African-American HIV/AIDS Response Act (Act) to create a special fund that shall provide grants for "programs to prevent the transmission of HIV and other programs and activities consistent with the purposes of this Act, including, but not limited to, preventing and treating HIV/AIDS, the creation of an HIV/AIDS service delivery system, and the administration of the Act." 
Age lowered for tattoos and punishments increased -Pa 09 -06 January 2006 Illinois Law Update, Page 16 The Illinois generally Assembly amended section 12-10 of the Criminal Code of 1961, 720 ILCS 5/12-10 et seq, by lowering the minimum age in subsection (a) required for a person to get a tattoo in Illinois from age 21 to age 18. 
Alcoholic mist machines prohibited in Illinois : PA 094-0745 July 2006 Illinois Law Update, Page 334 Section 6-33 has been added to the Liquor Control Act of 1934 (Act), in order to prohibit the use or sale of "any alcohol without liquid machine" in the state of Illinois. 
Amendment to the residential burglary statute does not apply retroactively January 2006 Illinois Law Update, Page 16 On october 20, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, reversing the defendant's burglary conviction. 
Another look at attorney approval clauses By Helen W. Gunnarsson October 2006 Lawpulse, Page 518 Attorney-proposed changes to real estate contracts containing attorney-approval clauses should not be viewed as counteroffers that terminate the agreement, a law prof opines. 
Appellate court OKs race-based custody decision By Helen W. Gunnarsson October 2006 Lawpulse, Page 518 Trial courts may use the race of parent and child as a factor in determining custody, the second district rules. 
Appellate malpractice plaintiffs must prove they would have won the appeal By Helen W. Gunnarsson July 2006 Lawpulse, Page 338 In a suit alleging an attorney's failure to perfect an appeal, the client must prove that he or she would have won the appeal had it been properly perfected. 
Appointed Attorneys for Indigent Civil Litigants in Federal Court: the Illinois Experience By John Rearden Jr. July 2006 Article, Page 369 A look at how Illinois-based federal district courts appoint counsel for indigent civil litigants, including standby counsel for pro se claimants.
Arbitration Clauses: The Singular Approach in Cingular Wireless By Jeffrey A. Parness December 2006 Column, Page 678 The Illinois Supreme Court lays down the law on arbitration agreements.
Asked and Answered December 2006 Column, Page 682 Must Homebuilders Give Buyers an Express Warranty?
Asked and Answered November 2006 Column, Page 620 Calendaring for the budget-conscious small firm.
Asked and Answered October 2006 Column, Page 559 A guide for representing condo buyers. 
Asked and Answered September 2006 Column, Page 499 Can a client's unemployed ex reduce his child support obligation?
Asked and Answered August 2006 Column, Page 431 Should You Sign Documents As Your Client's Agent?
Assignees of debt entitled to original interest May 2006 Illinois Law Update, Page 230 On March 3, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Knox County, holding that the plaintiff, PRA III, LLC (PRA), was entitled to charge interest on the defendant's debt at the rate agreed upon when the defendant originally incurred the debt, even though PRA was not a party to the original agreement. 
Attorney title agents must disclose agency By Helen W. Gunnarsson July 2006 Lawpulse, Page 338 In real estate transactions, be sure to apprise clients when you also serve as an agent to the title company. In fact, you might want to do so in writing at the outset. 
Attorney’s fees are not recoverable absent express statutory or contractual language February 2006 Illinois Law Update, Page 68 On December 1, 2005, the Illinois Appellate Court, Fourth District, reversed the decision of the Circuit Court of Menard County, which held that a contract provision stipulating that the defendant management company would be responsible for "all collection costs" allowed recovery for attorney's fees.
Automated railroad crossing enforcement permitted. PA 094-0771 September 2006 Illinois Law Update, Page 464 In an effort to increase safety at railroad crossings, Section 11-1201.1 of the Illinois Vehicle Code was amended, and section 11-1201.5 was added. 625 ILCS 5/11-1201.1 and 1201.5.
Award of medical expenses is “compensation” under the Workers’ Compensation Act March 2006 Illinois Law Update, Page 118 On December 21, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding that an award of medical expenses was "compensation" under the Workers' Compensation Act (Act) and that the claimant was, therefore, entitled to interest on his award of medical expenses.
Background checks for jurors? By Helen W. Gunnarsson June 2006 Lawpulse, Page 278 A federal judge and some state's attorneys offer their varying viewpoints about how far to go to determine whether prospective jurors are coming clean. 
Bad Words By H. Joseph Gitlin April 2006 Column, Page 208 Why say "dissolution of marriage" when "divorce" says it more clearly?
Ban on secret compartments in vehicles unconstitutional December 2006 Illinois Law Update, Page 650 On September 26, 2006, the Illinois Appellate Court, First District, reversed the appellant's conviction in the Circuit Court of Cook County for violating section 12-612 of the Illinois Vehicle Code. 625 ILCS 5/12-612. 
Bankruptcy practice after bankruptcy reform By Helen W. Gunnarsson January 2006 Lawpulse, Page 10 Dire predictions notwithstanding, serious consumer bankruptcy practitioners appear still to be in business. Costs have gone up, though, and let the dabbler beware.
Bankruptcy’s fresh-start policy trumps foregone creditor claims November 2006 Illinois Law Update, Page 584 On August 17, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding Jack Marszalek, owner of Consolidated Services and Construction, Inc (Consolidated), was not liable to S. R. McGuire Builder and General Contractor, Inc (McGuire) as a successor in interest because any claims McGuire may have had against Marszalek were discharged in bankruptcy.