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Illinois Bar Journal
Articles From 2009

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Illinois Statutory and Legislative Resources By Tom Gaylord January 2009 Column, Page 48 The statutes are online, of course. But here are other free resources.
Illinois Supreme Court upholds jewish-marriage clause in trust provision By Helen W. Gunnarsson November 2009 Lawpulse, Page 546 But the court's narrow framing of the issue avoids the question of whether such religious restrictions in wills and trusts are broadly permissible.
Illinois updates Illinois veterans' homes code September 2009 Illinois Law Update, Page 444 The Illinois Department of Public Health (department) updated the Illinois Veterans' Homes Code. 77 Ill Adm Code 340.
Illinois updates medical prescription prescribing protocol August 2009 Illinois Law Update, Page 392 The Illinois Department of Healthcare and Family Services has updated the rules regulating the dispensing of prescription drugs by physicians, dentists, and podiatrists.
The Illinois Whistleblower Act's Impact on Common Law Claims By Sang-yul Lee, Steven J. Pearlman, and Jonathan J.C. Grey February 2009 Article, Page 90 Does the Illinois Whistleblower Act preempt the common law? How can employers avoid retaliation claims? The authors offer answers.
Illinois Zoning Law Six Years after Klaeren By George L. Schoenbeck February 2009 Article, Page 84 Legislation and subsequent cases have resolved some ambiguities in the landmark Klaeren decision while giving rise to others.
Illinois’ new will repository law By Helen W. Gunnarsson July 2009 Lawpulse, Page 330 Legislation headed to the governor will give lawyers a place to deposit wills for long-lost clients.
The importance of timely service By Helen W. Gunnarsson March 2009 Lawpulse, Page 116 Thanks to an amendment to supreme court rule 103(b), plaintiffs who haven’t been otherwise diligent in moving a case along must be especially diligent in obtaining service.
In Defense of the Citizen Participation Act By Adam Schwartz March 2009 Column, Page 114 The Illinois Citizen Participation Act of 2007 protects expressive activity in furtherance of efforts to petition the government.
Inactive Client Relationships May Create Per Se Conflicts for Criminal Defense Lawyers By Isaac J. Colunga October 2009 Article, Page 522 A per se conflict of interest may arise because of a past client relationship, regardless of whether criminal defense attorneys have spoken with their former clients in years.
Iqbal: a "dangerous" tightening of federal pleading standards? By Helen W. Gunnarsson December 2009 Lawpulse, Page 598 Critics of this game-changing Supreme Court ruling argue that it will deny a day in court to large numbers of deserving litigants.
Johnny O Takes the Reins By Helen W. Gunnarsson July 2009 Article, Page 340 Real estate lawyer John O’Brien brings his nonconfrontational style to the ISBA’s top job.
Join an ISBA Committee or Section By Mark D. Hassakis December 2009 Column, Page 597 Our ISBA Family Invites You to Join an ISBA Committee or Section
Jordan v Knafel: A Troubling Take on Mutual Mistake? By Joseph Siprut June 2009 Article, Page 308 The first district found for Micheal Jordan against his former mistress in a case that, while interesting, includes a troubling analysis of the mutual-mistake doctrine you should know about.
Judges must rule before trial on motions in limine By Helen W. Gunnarsson March 2009 Lawpulse, Page 116 A new ruling lets criminal defense attorneys know before deciding to let their clients testify whether their priors will be admitted at trial.
Just Can't Wait to Get on the Road Again By Helen W. Gunnarsson December 2009 Article, Page 608 With the right technology, you can be as productive when you're traveling as you are in the office.
Juvenile Jurisdiction Task Force considers extending Juvenile Court Jurisdiction to youth age 17. PA 095-1031 April 2009 Illinois Law Update, Page 174 The Illinois General Assembly amended the Juvenile Court Act of 1987 by amending two sections and adding one section. 705 ILCS 405/5-105, 5-120, 5-121.
Juveniles can be required to register as sex offenders By Helen W. Gunnarsson July 2009 Lawpulse, Page 330 The supreme court held that registration is not punishment and that juveniles can be required to register even though they aren’t entitled to a jury trial on the charges.
Law for minor smoking offenders amended. PA 096-0179 November 2009 Illinois Law Update, Page 552 The Illinois General Assembly amended section 5-615 of the Juvenile Court Act of 1987 regarding supervision of minors who have been found in violation of the Prevention of Tobacco Use by Minors Act. 705 ILCS 405/5-615. 
Lawmakers amend line of duty compensation penalties. February 2009 Illinois Law Update, Page 70 The State Prompt Payment Act and the Court of Claims Act have been amended to better enable persons designated by an Armed Forces member killed in the line of duty to obtain compensation. 30 ILCS 540/3-1, 705 ILCS 505/22.
Lawyer Lincoln By Daniel W. Stowell and John A. Lupton February 2009 Article, Page 74 A look at Abraham Lincoln's legal practice in antebellum Illinois.
Lawyers, Guns and Money: Pop Songs and Legal Ethics By Karen Erger April 2009 Column, Page 208 A musical lesson in malpractice prevention.
Lincoln's Teams of Legal Rivals By Hon. Ron Spears February 2009 Column, Page 100 Before he was President, Lawyer Lincoln drew on the strength of rivals.
Live-in Partners and the "No Impact" Rule By H. Joseph Gitlin January 2009 Column, Page 50 Courts no longer per se prohibit live-in partners for unmarried custodians.
Loose lips lose lawsuits By Helen W. Gunnarsson November 2009 Lawpulse, Page 546 Having trouble getting your witnesses to shut up? Show them a copy of People v Harris.
A Magical October Evening: the IBF Gala By John G. O'Brien September 2009 Column, Page 436 The Gala is a great time and a crucial source of funding for the Illinois Bar Foundation.
Mailbox rule only applies to items posted using the United States Postal Service April 2009 Illinois Law Update, Page 174 On February 4, 2009, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Lake County ruling the defendant's post judgment motion to vacate untimely and dismissing the appeal because the mailbox rule does not apply to private mail carriers.
Maintenance and the Marital Standard of Living By H. Joseph Gitlin July 2009 Column, Page 370 Here’s a formula for determining maintenance that reflects the standard of living during marriage.
Maintenance Awards and Short-term Marriages By H. Joseph Gitlin May 2009 Article, Page 236 Think maintenance is off the table for marriages that end after 10 or fewer years? Think again.
Make Settlement Agreements a Centerpiece, not an Afterthought By Hon. Ron Spears August 2009 Column, Page 422 Careful planning for settlements can prevent bad results.