Publications

Illinois Bar Journal
Articles From 2008

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"Borrowing" from legal forms - do you need permission? By Helen W. Gunnarsson December 2008 Lawpulse, Page 606 Lifting language from legal documents - everyone does it, right? But does it constitute copyright infringement?
Brief-Writing Tips for the Illinois Appellate Court By Maria Pellegrino August 2008 Article, Page 412 An appellate law clerk offers pointers and an insider's view of common brief-writing errors.
The Broad Duty to Protect Patrons from Harm: Marshall v Burger King By Courtney Dashiell Lorentz October 2008 Article, Page 524 The Illinois Supreme Court ruled that a restaurant owner has a duty to protect its patrons from an out-of-control car. So where does a premises owner's duty to the public end?
The Business Corporation Act's "Quickie" Claim Bar By Lin Hanson September 2008 Column, Page 480  Dissolving corporations can use this to reduce the period during which they remain liable.
A Busy Year Comes to an End By Joseph G. Bisceglia June 2008 Column, Page 276 A look at how the ISBA's important work advanced this year.
Can Supreme Court Rule 308 Keep Your Case Alive? By Christopher T. Polillo December 2008 Article, Page 632 Depending on the facts and law, you might persuade a court to grant interlocutory review under Rule 308. Here's how it works.
Cashing in on home sweet home By Helen W. Gunnarsson April 2008 Lawpulse, Page 174 Reverse mortgages are a popular, if controversial, way for elderly clients to cash in on the equity in their homes. Here's how they work and why you should be wary.
Caveat Contractor: Recent Cases Interpret the Home Repair and Remodeling Act By Brian R. Kalb June 2008 Article, Page 298 A discussion of recent HRRA cases, including a new one from the supreme court holding that the Act doesn't apply to subcontractors.
The CFAA: New Remedies for Employee Computer Abuse By Linda K. Stevens and Jesi J. Carlson March 2008 Article, Page 144 The Computer Fraud and Abuse Act provides a path to federal court for employer-victims of computer abuse by employees and other insiders.
Changes made to requirements for local government health plan December 2008 Illinois Law Update, Page 612 The Department of Central Management Services made a number of amendments to Title 80, Part 2160, relating to the Local Government Health Plan ("plan"). 80 Ill Adm Code 2160. 
Changes to the Illinois income tax laws October 2008 Illinois Law Update, Page 504 The Illinois Department of Revenue made several amendments and added two sections to Part 100 of Title 86, relating to the assessment and collection of Illinois income tax. 
Child support obligation survives termination of parental rights By Helen W. Gunnarsson March 2008 Lawpulse, Page 118 Must a father whose parental rights have been terminated still pay child support? The supreme court says "yes" in IDHFS v Warner.
Civility Initiatives: The 2008 Allerton House Conference By Jeffrey A. Parness December 2008 Article, Page 636 What are the best ways to combat incivility? Tougher rules? More sanctions? Allerton House conferees considered these options and more.
Clarifying the collateral source rule By Helen W. Gunnarsson August 2008 Lawpulse, Page 384 The supreme court rules that plaintiffs can recover the "reasonable value" of their medical expenses, whether they're paid by Medicare, Medicaid, insurance, or another source.  
Clients behaving badly By Helen W. Gunnarsson May 2008 Lawpulse, Page 230 When a client or witness spins out of control during a hearing or deposition, is doing nothing a safe route?
Code of Civil Procedure amended. PA 095-0831 November 2008 Illinois Law Update, Page 554 The Illinois General Assembly has amended the Code of Civil Procedure by modifying several sections. 735 ILCS 5/3.
Code of Criminal Procedure amended to accommodate those with developmental disabilities. PA 095-0897 December 2008 Illinois Law Update, Page 612 The Illinois General Assembly amended the Code of Criminal Procedure of 1963 by changing the heading of Article 106b and amending Section 106B-5. 725 ILCS 5/106B-5. 
Collection Agency Act amended. PA 095-0437 June 2008 Illinois Law Update, Page 284 The Collection Agency Act has been amended to add two new sections. 225 ILCS 425/9.1 and 9.2. The Act sets requirements for debt collectors or collection agencies regarding communication with persons other than the debtor, and communication in connection with debt collection.
College Campus Press act passed. PA 095-0580 May 2008 Illinois Law Update, Page 236 The College Campus Press Act has been enacted. 
Commission on the Elimination of Poverty Act created. PA 095-0833 October 2008 Illinois Law Update, Page 504 The Illinois General Assembly created the Commission on the Elimination of Poverty Act to support "the goal of the State of Illinois that all people be free from poverty." Section 5 notes that in the Illinois Constitution, "the elimination of poverty" is among the core goals of our state government. 
The conscience of a lawyer By Helen W. Gunnarsson March 2008 Lawpulse, Page 118 Your client admits he committed murder. What should you do? What can you do? For two Illinois lawyers, these aren't hypothetical questions.
The conscience of a lawyer, Part II By Helen W. Gunnarsson May 2008 Lawpulse, Page 230 The public and the legal community continue to wrestle with the alton logan case. But the legal ethicists we spoke to defend andrew Wilson's lawyers and the choice they made.
Contacting, deposing employees of opposing parties: a how-to By Helen W. Gunnarsson January 2008 Lawpulse, Page 10 Don’t just call up your opponent’s employees, even if they’re working elsewhere. Consider first whether doing so might violate legal or ethical rules.
Copy of mechanics lien complaint needs to be timely delivered December 2008 Illinois Law Update, Page 612 On October 9, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County dismissing Count I of the plaintiff's complaint. 
Correspondence from Our Readers December 2008 Column, Page 602 The even more perilous world of POA agents.
Correspondence from Our Readers November 2008 Column, Page 546 Two takes on two-tiered billing.
Correspondence from Our Readers October 2008 Column, Page 490 The Second and Fourteenth Amendments
Correspondence from Our Readers July 2008 Column, Page 330 Sharia law? Voluntary dismissal; confrontation clause; HUD-1 form.st.
Correspondence from Our Readers June 2008 Column, Page 274  Sharia law; Rukavina and law-related services.
Correspondence from Our Readers April 2008 Column, Page 170 The Kotecki gap; the perils of forms; the conscience of a lawyer.