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Illinois Bar Journal
Articles From 2007

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2007 Spring Session Roundup By Jim Covington August 2007 Column, Page 408 Highlights of this year's legislative session.
Accepting Payment by Credit Card: Priceless? By Helen W. Gunnarsson January 2007 Article, Page 18 Setting yourself up to accept credit card payments has its advantages - and its risks. 
Access to library records allowed without a court order. PA 095-0040 December 2007 Illinois Law Update, Page 632 Section 1 of the Library Records Confidentiality Act has been amended to allow libraries to publish or make available registration and circulation records deemed confidential. 75 ILCS 70/1. 
Administrative decisions: smoothing the path to review By Helen W. Gunnarsson December 2007 Lawpulse, Page 622 The law should be amended to remove impediments to seeking review of agency rulings, ISBA leaders say.
Admitted negligent acts properly presented to jury when relevant and necessary to plaintiff’s case August 2007 Illinois Law Update, Page 404 On June 7, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of Jackson County allowing Michael Rath to present evidence of Carbondale Nursing and Rehabilitation Center's negligence despite the nursing home's admission of certain acts of negligence.
Adoption Act definition of “unfit person” amended -PA 094-0939 January 2007 Illinois Law Update, Page 14 The Illinois General Assembly (General Assembly) has amended section D of the definitions section of the Adoption Act (Act) in order to clarify the meaning of "Unfit person" under the Act. 
AIDS Confidentiality Act amended. PA 095-0007 November 2007 Illinois Law Update, Page 576 The Illinois General Assembly has changed the AIDS Confidentiality Act concerning informed consent for HIV testing and anonymous access to test results.
Ain’t Wastin’ Time No More By Karen Erger December 2007 Column, Page 660 Ten time wasters that can cause your time “inventory” to shrink.
Ambulance rules passed to avoid fraudulent use - PA 094-1063 February 2007 Illinois Law Update, Page 72 In order to prevent the fraudulent ordering of ambulances for non-emergency purposes and to greater explain the effects to those who ordered the ambulances, the Illinois General Assembly has added a new section both to the Nursing Home Care Act, at 210 ILCS 45/2-217, and to the Hospital Licensing Act, at 210 ILCS 85/6.22. 
Amendments made to the “Grow Your Own Teacher” initiative May 2007 Illinois Law Update, Page 236 The Illinois State Board of Education (Board) has amended three sections and repealed one section of 23 Ill Adm Code 60. The changes correlate with Public Act 94-0979 and pertain specifically to the Grow Your Own Teacher Education Act, 110 ILCS 48/1 et seq. 
Amendments to Charitable Games Act re-enacted - PA 094-0986 March 2007 Illinois Law Update, Page 124 In an attempt to avoid previous constitutionality problems, the Illinois General Assembly has passed Public Act 094-0986 in order to re-enact certain amendments originally passed in Public Act 088-0669 but declared unconstitutional by the Illinois Supreme Court in People v Olender, 222 Ill 2d 123, 854 NE2d 593 (2005). 
Amendments to damages law for wrongful death suits. PA 095-0003 August 2007 Illinois Law Update, Page 404 The Illinois General Assembly has amended Section 2 of the Wrongful Death Act, 740 ILCS 80/2. 
Animal Law Comes into Its Own By Helen W. Gunnarsson August 2007 Article, Page 412 As Americans place more value on pets, the importance of animal law is growing. Here's an Illinois-focused look at this emerging area.
Anna Nicole Smith’s Will By Katarinna McBride May 2007 Column, Page 270 Informal speculation about what becomes of Anna Nicole's estate.
Another appellate court holds postdissolution order finality depends on SCR 304(a) finding January 2007 Illinois Law Update, Page 14 On October 23, 2006, the Illinois Appellate Court, Fourth District, dismissed the respondent's appeal from the Circuit Court of Vermilion County's dismissal of her post-dissolution petition to modify maintenance because the circuit court's order was not final and appealable. 
Arbitration clause unconscionable where customer does not see agreement September 2007 Illinois Law Update, Page 460 On July 10, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of St. Clair County finding the Customer Agreement between Charlotte Bess and DirecTV procedurally unconscionable and therefore unenforceable.
Arbitration panel exceeded its authority by ignoring plain language of contract June 2007 Illinois Law Update, Page 292 On March 29, 2007, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County confirming an arbitration award in favor of the plaintiffs on the plaintiffs' claim that defendants had improperly terminated their management agreement for several apartment complexes. 
Are a Closely Held Corporation’s Retained Earnings Fair Game for a Divorcing Spouse? By Michael W. Kalcheim January 2007 Article, Page 30 Can the non-employee spouse make a claim for reimbursement to the marital estate from the retained earnings of a closely held corporation? This article considers the question.
Are Investment Advisory Fees 100-Percent Deductible? By David A. Berek February 2007 Column, Page 104 The federal circuits are split and the seventh circuit is silent.
Are You a Client-Savvy Counselor? By Karen Erger August 2007 Column, Page 440 Sometimes the best client is the one you turn away.
Asked and Answered November 2007 Column, Page 610 What do you do with a difficult judge?
Asked and Answered September 2007 Column, Page 496 What do you do with uncooperative opposing counsel?
Asked and Answered August 2007 Column, Page 435 What kind of client file system is best for your firm?
Asked and Answered July 2007 Column, Page 375 Can small p.i. firms compete with bigger ones?
Asked and Answered June 2007 Column, Page 320 Opening an IOLTA account.
Asked and Answered May 2007 Column, Page 266 Can a disbarred lawyer be a paralegal?
Asked and Answered April 2007 Column, Page 210 "Fraud" versus "fraudulent misrepresentation."
Asked and Answered March 2007 Column, Page 154 When and how do you file a motion?
Asked and Answered February 2007 Column, Page 95 I've got my judgment- how do I collect?
Asked and Answered January 2007 Column, Page 50 What are the rules for serving notice?