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Illinois Bar Journal
Articles From 2011

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Broken parking meters due to snow or ice may be defense for parking violation. PA 096-1256 January 2011 Illinois Law Update, Page 16 Changes to the Illinois Vehicle Code allow a defense for motorists cited with a parking violation if a parking meter malfunctions because of snow or ice. (625 ILCS 5/11-1307).
A Business Lawyer Plugs into the Business of Law By Helen W. Gunnarsson July 2011 Article, Page 340 ISBA President John G. Locallo will use his bully pulpit to help lawyers understand the power and importance of practice-oriented technology.
Can civil partners hold property as tenants by the entirety? By Helen W. Gunnarsson March 2011 Lawpulse, Page 118 The consensus among leading ISBA and other real estate practitioners appears to be "yes." Now that Governor Quinn has signed the Religious Freedom Protection and Civil Union Act into law as PA 96-1513, lawyers across the state are considering the statute's effect on specific aspects of their practices.
Carter: A Victory for Consumer Arbitration in Illinois By W. Eugene Basanta and Suzanne J. Schmitz February 2011 Article, Page 88 The Illinois Supreme Court ruled that the Federal Arbitration Act trumps the Illinois Nursing Home Care Act, thus forcing residents into arbitration. What will the decision mean more broadly for arbitration agreements and consumers' rights?
Certain articles inside towed motor vehicles exempted from possessor liens. PA 096-1506 May 2011 Illinois Law Update, Page 228 Illinois lawmakers have amended the Illinois Vehicle Code to exempt certain articles from being subjected to a possessor lien when a motor vehicle is towed. (625 ILCS 5/4-203).
Change in Monitoring Device Driving Permit issuance procedure for DUI offenders. PA 096-1526 April 2011 Illinois Law Update, Page 180 The Illinois Vehicle Code has been amended to modify the Monitoring Device Driving Permit (MDDP) issuance procedure for first offenders arrested for driving under the influence of alcohol, drugs, or other intoxicating compounds.
Change to DUI law would limit court involvement in MDDP process By Helen W. Gunnarsson February 2011 Lawpulse, Page 66 No longer will a court hearing or order be required for issuing a monitoring device driving permit if a new bill is signed into law.
Changes in alternate fuels program January 2011 Illinois Law Update, Page 16 The Illinois Environmental Protection Agency recently amended the Alternate Fuels Program, which offers rebates for vehicles that meet certain requirements, so as to reflect amendments to the Alternate Fuels Act enacted in 2003, 2007, and 2009. 35 Ill Adm Code 275.
Changes in Equal Pay in Employment regulations March 2011 Illinois Law Update, Page 124 The Illinois Department of Labor recently amended the rules governing complaints under the Equal Pay in Employment regulations. 56 Ill Adm Code 320.
Changes in hunting and trapping regulations for 21 animals November 2011 Illinois Law Update, Page 556 The Illinois Department of Natural Resources (DNR) recently amended the Wildlife Code for hunting of raccoons, opossums, striped skunks, red foxes, gray foxes, coyotes, woodchucks, ducks, geese, coots, doves, crows, woodcocks, snipes, rails, and teals as authorized by various sections of the Wildlife Code [520 ILCS 5/1.2, 1.3, 1.4, 1.13, 2.1, 2.2, 2.6, 2.7, 2.9, 2.10, 2.11, 2.18, 2.19, 2.20, 2.23, 2.26, 2.30, 2.33, 3.5, 3.6, 3.7, 3.8, 3.27, 3.28, and 3.29].
Changes in Illinois Election Code April 2011 Illinois Law Update, Page 180 The State Board of Elections recently amended the Campaign Finance Act to implement the provisions of Public Act 96-0832.
Changes in the Illinois AmeriCorps program December 2011 Illinois Law Update, Page 610 The Illinois Department of Human Services ("department") recently took over responsibility for the AmeriCorps program, which was originally under the Lieutenant Governor's Office. 77 Ill Adm Code 2250.
Changes in the Illinois Educational Relations Board freedom of information provisions November 2011 Illinois Law Update, Page 556 The Illinois Educational Labor Relations Board (board) recently changed its rules regarding its Freedom of Information procedures to keep up with changes to the Freedom of Information Act [5 ILCS 140]. 2 Ill Adm Code 2676.
Changes in white-tailed deer hunting September 2011 Illinois Law Update, Page 440 The Illinois Department of Natural Resources (DNR) recently amended the Wildlife Code for white-tailed deer hunting using firearms, bow and arrows, and muzzleloading rifles as authorized by various sections of the Wildlife Code [520 ILCS 1.13, 1.2, 1.3, 1.4, 2.1, 2.2, 2.21, 2.24, 2.25, 2.26, 2.33, 3.5, 3.35].
Changing Custody: The Cards are Stacked Against the Movant By H. Joseph Gitlin January 2011 Column, Page 50 Once made, a custody determination is hard to reverse.
Character on Trial By Hon. Ron Spears February 2011 Column, Page 102 Judge Justice and his colleagues express their misgivings about character evidence.
Child Murderer and Violent Offender Against Youth Registration Act offenses expanded. PA 096-1294 April 2011 Illinois Law Update, Page 180 Illinois lawmakers recently expanded the offenses covered by the Child Murderer and Violent Offender Against Youth Registration Act.
Children may immediately re-enroll in the Children's Health Insurance Program or the ALL KIDS Health Insurance Program. PA 096-1272. July 2011 Illinois Law Update, Page 336 Illinois lawmakers have amended the Children's Health Insurance Program Act and the Covering ALL KIDS Health Insurance Act to allow children to re-enroll in the Children's Health Insurance Program or the ALL KIDS Health Insurance Program immediately upon paying the required monthly premium. (215 ILCS 106/20; 215 ILCS 170/20).
Civil engineers' duty of care defined by contractual obligation By Helen W. Gunnarsson March 2011 Lawpulse, Page 118 Where the contract provided for "replacement" of a bridge deck, the defendant engineer had no duty to make improvements that might have saved lives, the high court said.
Civil Unions and Parenthood at Birth By Professor Jeffrey A. Parness September 2011 Column, Page 473 How should legal parenthood at birth be established when children are born into civil unions?
Civil unions provide same-sex couples legal protections provided to all Illinois spouses. Public Act 096-1513 May 2011 Illinois Law Update, Page 228 State lawmakers recently passed the Illinois Religious Freedom Protection and Civil Union Act to provide persons entering into civil unions the obligations and benefits granted to all spouses under Illinois law.
Claim against public utility deemed to fall within jurisdiction of circuit court December 2011 Illinois Law Update, Page 610 A circuit court may exercise jurisdiction over a class action against a gas utility alleging that the utility violated state law by attempting to collect debts discharged in bankruptcy, according to the Appellate Court for the First District of Illinois.
Class action suit for airline baggage fees moot for lack of pending class certification June 2011 Illinois Law Update, Page 286 The Illinois Supreme Court on March 24, 2011, held that a class action suit involving airline baggage fees was moot because "no motion for class certification was pending" when the airline tendered full relief to the passenger. *5.
Client service 101 By Helen W. Gunnarsson December 2011 Lawpulse, Page 604 A seasoned family law practitioner explains how to avoid common mistakes lawyers make in working with clients.
Collective bargaining agreement law amended. PA 096-0598 February 2011 Illinois Law Update, Page 72 The Illinois Public Labor Relations Act has been amended for initial collective bargaining agreements entered into following the original certification of units with fewer than 35 public employees. 5 ILCS 315/7.  
Congress exempts lawyers from the Red Flags Rule By Helen W. Gunnarsson January 2011 Lawpulse, Page 10 Congress recently exempted lawyers from an FTC rule that would have required them to develop elaborate identity-theft-prevention procedures.
Consumers protected from unrequested shipment practices by sellers. PA 096-1306 January 2011 Illinois Law Update, Page 16 Illinois law no longer allows sellers of merchandise to ship additional, similar merchandise to consumers at their expense without the consumer's approval. 815 ILCS 505/2III.
Contagion and the Courts By Hon. Ron Spears November 2011 Column, Page 588 Health care providers aren't the only ones who have to respond to public health emergencies.
Correspondence from Our Readers December 2011 Column, Page 598 What judges know about family law.
Correspondence from Our Readers October 2011 Column, Page 486 Odds of success.