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Illinois Bar Journal
Articles From 2009

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Bloggers - endorse with care By Helen W. Gunnarsson December 2009 Lawpulse, Page 598 The FTC has issued new guidelines governing product endorsements by bloggers.
Blogs for Dummies Immigrants By Karen Erger October 2009 Column, Page 526 What's a blog, you ask? Read on.
Budget Act makes changes to state programs to comply with federal stimulus package. PA 096-0008 July 2009 Illinois Law Update, Page 336 The Illinois General Assembly has enacted the FY2009 Budget Implementation (Spring Supplemental) Act to make necessary changes to state programs, so that the governor's supplemental budget for Fiscal Year 2009 can be implemented in keeping with the provisions of the federal economic stimulus package (the American Recovery and Reinvestment Act of 2009).
The Business Attorney’s Guide to Copyright Law By J. Joseph McCoy January 2009 Article, Page 36 As copyright interests grow increasingly valuable, businesses that fail to protect their creative works run high legal risks.
A Busy Autumn Lies Ahead By John G. O’Brien August 2009 Column, Page 384 A look at ISBA events coming this fall.
A Busy Year with More to Come from ISBA’s Young Lawyers By John G. O’Brien November 2009 Column, Page 544 With the bar year not half over, the ISBA YLD has been active on many fronts.
Changes made to ensure a minor’s access to counsel. PA 095-0846 January 2009 Illinois Law Update, Page 16 Illinois lawmakers amended section 5 of the Juvenile Court Act of 1987 to provide for an accused minor's access to legal counsel.
Changes made to the rules implementing the Medical Practice Act of 1987 regarding the use of lasers June 2009 Illinois Law Update, Page 284 The Department of Financial and Profes-Regulation altered the rules implement- sional ing the Medical Practice Act of 1987, 225 ILCS 60, by adding a section addressing the use of lasers. 68 Ill Adm Code 1285. 
Changing Pension Beneficiaries After Divorce: It’s More Important After Kennedy By Leon I. Finkel and Hailee R. Bloom September 2009 Article, Page 462 Now ex-spouses must change the beneficiary designation after divorce or risk inadvertently enriching their former partners.
Chapter 7 is Alive and Well Despite the “Means Test” By Matthew M. Benson September 2009 Article, Page 470 The "means test," which was expected to render Chapter 7 bankruptcies largely unavailable, only affects a handful of debtors.
Claimants Beware: Strict Deadlines Limit Federal Employment Discrimination Suits By Kevin Bennardo June 2009 Article, Page 304 This article reviews the applicable laws - including the Ledbetter Act - and Illinois-based cases.
Clean air set-aside rules updated July 2009 Illinois Law Update, Page 336 The Illinois Environmental Protection Agency adopted new standards to regulate clean air set-asides under Title 35 of the Illinois Administrative Code. 
Code of Civil Procedure provides another opportunity to file an action April 2009 Illinois Law Update, Page 174 On January 29, 2009, the Illinois Appellate Court, First District, reversed and remanded the decision of the Circuit Court of Cook County ruling the third-party com plaint untimely under section 13-204 of the Illinois Code of Civil Procedure (735 ILCS 5/13-204 (2006)).
The Collateral Source Rule after Wills v Foster By Jennifer L. Tweeton and Erin N. Graham April 2009 Article, Page 184 A review of the supreme court’s decision in Wills, which allows plaintiffs to recover the “reasonable” (i.e., undiscounted) value of their medical expenses, even if paid by Medicare or some other third party.
Coming January 1: New Rules of Professional Conduct By Helen W. Gunnarsson August 2009 Lawpulse, Page 386 Among other things, the new rules clarify that flat fees do not constitute frowned-upon "advance payment retainers," which is good news for most lawyers.
Commission to Study Disproportionate Justice Impact Act enacted. PA 095-0995 March 2009 Illinois Law Update, Page 122 Illinois lawmakers enacted the Commission to Study Disproportionate Justice Impact Act to assess the “nature and extent of the harm caused to minority communities” by certain provisions of the Illinois Vehicle Code (625 ILCS 5/ et seq), Criminal Code of 1961 (720 ILCS 5/ set seq), Cannabis Control Act (720 ILCS 550/ et seq) and other listed laws.
Committee studies codification of evidence rules By Helen W. Gunnarsson February 2009 Lawpulse, Page 64 A new supreme court special committee is charged with devising a more convenient organizational scheme for the Illinois rules of evidence.
Community Care Program updated March 2009 Illinois Law Update, Page 122 The Department on Aging amended Title 89 Ill Adm Code 240, which regulates social services and governs the Illinois Community Care Program.
Correspondence from Our Readers October 2009 Column, Page 486 Dressing for distress - nylons and sandals;  Settlement agreements: do the release first.
Correspondence from Our Readers By Anthony C. Raccuglia May 2009 Column, Page 218 Fending off foreclosure - who controls the debt?; Don't allow parties to depose their own experts.
Correspondence from Our Readers January 2009 Column, Page 6 Involuntary commitment; polygraphs and rape victims.
Could a “Clunker” Program Solve the Real Estate Lending Problem? By James K. Weston October 2009 Column, Page 530 How about letting homeowners trade in their high-interest mortgages for fixed-term models?
Counties Code amended to address public facilities. PA 095-1002 April 2009 Illinois Law Update, Page 174 The Illinois General Assembly amended section 5-1006.5 of the Counties Code by adding terms which address "public facilities" in the "Special County Retailers' Occupation Tax" provision.
Court’s failure to grant continuance plain error By Helen W. Gunnarsson March 2009 Lawpulse, Page 116 The high court rules that a judge’s failure to grant defense counsel’s request for a continuance in a murder trial was plain error requiring a new trial.
Creative ways to fend off foreclosure By Helen W. Gunnarsson March 2009 Lawpulse, Page 116 Two lawyers think outside the box to help clients hang on to their homes, one by negotiating with lenders, the other by leveraging the power of Chapter 13.
Crime victims may present victim impact statements in mental health commitment hearings. PA 096-0117 October 2009 Illinois Law Update, Page 496 Illinois lawmakers have amended the Rights of Crime Victims and Witnesses Act to allow for victims of a violent crime to submit impact statements in cases where the defendant has been found not guilty by reason of insanity.
A Critical Look at the Shaken Baby Syndrome By Roger H. Kelly and Zachary M. Bravos April 2009 Article, Page 200 Recent research shows that factors other than abuse may be the cause of damage thought to result from shaking, the authors argue.
Cross-Examination of Experts: Saving the Best for Trial By Keith L. Davidson February 2009 Article, Page 94 A veteran litigator warns against revealing so much during discovery that you limit your ability to effectively cross-examine experts at trial.
CTA notice requirement eliminated By Helen W. Gunnarsson July 2009 Lawpulse, Page 330 Plaintiff’s lawyers are cheering the removal of a notice requirement they say functioned “as a shield against unsuspecting plaintiffs” with legitimate claims against the CTA.
Daniels v Corrigan: Compliance with the law Does not establish agency By Justin Lee Heather November 2009 Article, Page 580 This article analyzes the first district's rejection of a plaintiff's assertion that a cab driver was the agent of the cab company.