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Illinois Bar Journal
Articles From 2007

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Assembly restricts federal government employment verification systems. PA 095-0138 December 2007 Illinois Law Update, Page 632 Section 12 has been added to the Right to Privacy in the Workplace Act, prohibiting employers from using employment verification systems, including the Basic Pilot program. 820 ILCS 55/12. 
Attorney Independence? Remember the Alamo! By Hon. Ron Spears May 2007 Column, Page 272 Let's stand up for lawyers who represent unpopular clients.
Attorney Mistakes, Client Losses: New Visions After Vision Point By Professor Jeffrey A. Parness December 2007 Column, Page 664 Courts should grant extensions for “good cause” failures to comply. So what’s “good cause”?
Attorney’s defamatory statement privilege applies to preliminary letter to employer March 2007 Illinois Law Update, Page 124 On December 22, 2006, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's dismissal of the claims against the defendant attorney because his allegedly defamatory statements were privileged and made in good faith. 
Bad faith needed for defendant to receive attorney fees under the Consumer Fraud Act March 2007 Illinois Law Update, Page 124 On December 21, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, and the Circuit Court of Cook County, striking the defendants' petition for fees.
Bar Service: You Get More than You Give By Joseph G. Bisceglia August 2007 Column, Page 396 Renew the idealism that inspired you to become a lawyer.
Basic “right to privacy” inherently includes interests of secrecy and seclusion February 2007 Illinois Law Update, Page 72 On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured. 
Beyond the Regs: Illinois Administrative Law Online By Tom Gaylord July 2007 Column, Page 382 A look at state agency Web sites that offer the agency's administrative decisions and more.
Bill would make involuntary commitment easier By Helen W. Gunnarsson August 2007 Lawpulse, Page 398 But critics of the legislation say lack of resources, not a too-high commitment standard, is the problem with Illinois' mental health system.
Bread Upon the Waters By Irene F. Bahr February 2007 Column, Page 64 Recently initiated programs will serve ISBA lawyers for years to come.
Burdens of Proof By Hon. Ron Spears November 2007 Column, Page 604 Defining burdens of proof can be hard. But they're easier to understand than to define.
Can lawyers patent their legal techniques? By Helen W. Gunnarsson July 2007 Lawpulse, Page 342 A patent issued on an estate-planning technique has that bar buzzing.
Celebrating Women in the Profession By Irene F. Bahr April 2007 Column, Page 168 The third woman president of the ISBA celebrates the growing prominence of women lawyers
Challenging Summary Suspension When A Defendant’s License is Suspended, Revoked, or Expired By Hon. Charles P. Burns and Jeff Chan May 2007 Article, Page 262 Do these defendants have standing to challenge a summary suspension?
Challenging the Constitutionality of the Illinois Consecutive Sentencing Statute By Patrick Gallagher February 2007 Article, Page 96 The author argues that the Illinois consecutive sentencing statute violates the Sixth Amendment by allowing judges rather than jurors to make findings of fact that increase a defendant's punishment.
Changes made regarding background checks for workers at Community Living Facilities March 2007 Illinois Law Update, Page 124 The Department of Health has amended 77 Ill Adm Code 370. The amendment pertains to Community Living Facilities and background checks that workers are given. 
Changes Made to Business Corporation Act September 2007 Illinois Law Update, Page 460 The Secretary of State has amended the rules governing the Business Corporation Act (Act), 805 ILCS 5/1.01 et seq, and has added a section that concerns amending a previously filed annual report.
Changes made to Department of Human Rights procedures February 2007 Illinois Law Update, Page 72 The Department of Human Rights (department) has amended 56 Ill Adm Code 2520 to clarify and change the rules governing department procedures that follow the filing of a charge under the Illinois Human Rights Act.
Changes made to rules governing issuance of CDLs August 2007 Illinois Law Update, Page 404 The Secretary of State has promulgated new rules concerning the issuing of commercial driver's licenses (CDLs) by amending definitions and requirements in 92 Ill Adm Code 1040, titled "Cancellation, Revocation or Suspension of Licenses or Permits." 
Changes to rules governing advertising of life insurance and annuities November 2007 Illinois Law Update, Page 576 Several sections of Title 50, Section 909 of the Illinois Administrative Code have been amended and a new section added. 
Changing demographics lead to amended Elder Abuse and Neglect Act - PA 094-1064 January 2007 Illinois Law Update, Page 14 Due to the aging demographic of the country and the increasing prevalence of elder abuse, the Illinois General Assembly (General Assembly) amended the Elder Abuse and Neglect Act. 
Choosing the Right Retirement Plan for Your Law Firm By Michael R. Maryn April 2007 Article, Page 198 A summary of leading tax-favored retirement plans, along with advice for selecting the best one for you and your firm.
Clean Coal FutureGen for Illinois Act passed. PA 095-0018 December 2007 Illinois Law Update, Page 632 The Illinois General Assembly has created the Clean Coal FutureGen for Illinois Act which provides “liability protection and permitting certainty to facilitate the siting of the FutureGen Project in the State of Illinois.” 
Collateral source rule and med bills - plaintiff’s, defense bar each win one By Helen W. Gunnarsson July 2007 Lawpulse, Page 342 Two districts of the appellate court construe Arthur v Catour, holding that plaintiffs can recover only what Medicare and Medicaid paid the provider - not the larger, undiscounted amount billed - and allowing a physician's expert testimony that a medical bill was reasonable.
Combating Orders-of-Protection Abuse in Divorce By Scott A. Lerner November 2007 Article, Page 590 Differences in the order-of-protection process under the IMDMA and the Illinois Domestic Violence Act create an opportunity for petioners to gain an unfair advantage in divorce. 
Correspondence from Our Readers December 2007 Column, Page 618 Returning phone calls, etc.
Correspondence from Our Readers November 2007 Column, Page 566  Anti-SLAPP law gives "unwarranted protection".
Correspondence from Our Readers October 2007 Column, Page 506 Animal law and the ISBA; dogs and damages; KSR and patenting legal techniques  
Correspondence from Our Readers September 2007 Column, Page 450 Medicare and Medicaid; not the same thing.
Correspondence from Our Readers May 2007 Column, Page 226 Report ARDC letters to your malpractice carrier