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Illinois Bar Journal
Articles From 2011

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Junk-fax statute enforceable by private lawsuit By Helen W. Gunnarsson July 2011 Lawpulse, Page 330 In Italia Foods, the Illinois Supreme Court found that the federal junk-fax statute is enforceable by private litigants in Illinois.
Juror Questions During Trial: An Idea Whose Time Has Come Again By Stephen R. Kaufmann and Michael P. Murphy June 2011 Article, Page 294 Allowing jurors to ask questions during trial would keep the jury engaged and give lawyers a chance to refine their cases in response to juror queries, the authors argue.
Juvenile Court Act gives court authority to determine independent basis of abuse or neglect April 2011 Illinois Law Update, Page 180 On February 4, 2011, the Appellate Court of Illinois, First District, affirmed a decision of the Circuit Court of Cook County, holding that the Juvenile Court Act of 1987 (705 ILCS 405/1-1 et seq) confers upon the court authority to determine that "'an independent basis of abuse, neglect, or dependency' exists, without strictly adhering to the procedural requirements for neglect petitions in Article II of the Act." K.D. at *1, quoting 705 ILCS 405/5-710 (1)(a)(iv).
K. Miller: The Supreme Court and the Home Repair and Remodeling Act By Barbara A. Farrell June 2011 Article, Page 302 The Illinois Supreme Court interpreted the old Home Repair and Remodeling Act in light of the newly amended version and rendered a contractor-friendly decision.
Law expanded for police to seize vehicles operated in violation of law. PA 096-1289 April 2011 Illinois Law Update, Page 180 State lawmakers recently expanded offenses for which police may seize a vehicle. Vehicles, vessels, and aircrafts operated in Illinois are subject to seizure if the owner knows and consents to the use and that use violates certain laws. (720 ILCS 5/36-1).
Lawyers Making A Difference for Juvenile Justice Reform, Part III By Mark D. Hassakis April 2011 Column, Page 172 More about Illinois lawyers committed to juvenile justice reform.
Legal Tech: Here Today, More Tomorrow By John G. Locallo July 2011 Column, Page 328 ISBA's new president outlines his year to come.
The lesson of George Ryan v U.S. By Helen W. Gunnarsson September 2011 Lawpulse, Page 434 It's this, according to a criminal defense lawyer and court watcher: You shouldn't hesitate to argue alternative, even esoteric, bases for relief to create a record for appeal.
Licensed health care workers now subject to actions concerning sex crimes. PA 097-0156. September 2011 Illinois Law Update, Page 440 The Department of Professional Regulation Law of the Civil Administrative Code of Illinois has been amended to establish health care worker licensure actions relating to sex crimes (20 ILCS 2105/2105-165 new).
Life Insurance Proceeds Are Exempt From Creditors - Or Are They? By Thomas A. Pasquesi and Thomas M. Badenhausen May 2011 Article, Page 254 The law exempts life insurance policy proceeds from the claims of a decedent-insured's creditors. But exceptions give creditors an opportunity to recover.
The Limits on Legislative Power to Withhold Subject Matter Jurisdiction By Professor Jeffrey A. Parness June 2011 Column, Page 316 The supreme court underscores the limits on the power to decide which cases courts can hear.
Liquor sale licenses may be issued for premises located near schools. PA 097-0009 August 2011 Illinois Law Update, Page 388 The Liquor Control Act of 1934 has been amended to allow the issuance or renewal of alcoholic liquor sale licenses for retail premises located within 100 feet of schools under certain conditions. 235 ILCS 5/6-11.
LLC formation in Illinois or Delaware: What’s Best for Your Client? By Elizabeth A. Prendergast September 2011 Article, Page 468 A look at key differences between the Illinois and Delaware LLC statutes and how they might affect hypothetical clients.
Looking at 2011 and Beyond By Mary Cascino and Katarinna McBride November 2011 Column, Page 584 A late-2011 look how recent rulings should influence your estate-planning advice.
Looking for Federal Government Documents? Try FDsys By Tom Gaylord May 2011 Column, Page 264 The U.S. Government Printing Office's FDsys website is a great place to find documents, too.
Loose-Lipped Jurors in the Facebook Age: What Courts Can Do About Unauthorized Electronic Communication By Jasmine Villaflor Hernandez and Jessica LeeAnn Cummings July 2011 Article, Page 344 Inappropriate posting, texting, and tweeting by jurors can wreak havoc with the trial process.
Maintenance, Support, and Underemployed Payors By Burton S. Hochberg and Kimberly A. Cook January 2011 Article, Page 24 Is your client's ex unwilling to get work or deliberately taking a lesser-paying job to avoid paying support or maintenance? Here are resources and remedies you need to know about.
Mandatory performance evaluations for circuit, associate judges By Helen W. Gunnarsson April 2011 Lawpulse, Page 174 A new Illinois Supreme Court rule requires trial judges to submit to confidential performance evaluations.
Marital Property: Making the Pie Larger By Professor H. Joseph Gitlin July 2011 Column, Page 367 Employer-based health insurance should be treated as marital property.
Medical schools may hire private entities to conduct criminal history record checks on matriculates. PA 096-1044. July 2011 Illinois Law Update, Page 336 Illinois lawmakers have amended the Medical School Matriculate Criminal History Records Check Act to allow medical schools to hire private entities to check the criminal history records of matriculates. (110 ILCS 57/10; 110 ILCS 57/15).
Medically necessary physical therapy and occupational therapy covered under state employee benefits program. PA 096-1227 February 2011 Illinois Law Update, Page 72 Illinois lawmakers have amended the State Employees Group Insurance Act of 1971 to expand the state employee benefits program to cover medically necessary physical therapy and occupational therapy. 5 ILCS 375/6.11A.
Meeting MCLE requirements just got a little easier By Helen W. Gunnarsson November 2011 Lawpulse, Page 550 Among other welcome changes, rule revisions allow new admittees to meet their initial requirement by participating in mentoring and remove the fee for claiming credit for writing and teaching.
Mind the gap: Illinois taxes estates over $2 million By Helen W. Gunnarsson February 2011 Lawpulse, Page 66 Illinois' new estate tax kicks in at $2 million, not $5 million like its federal counterpart. That creates some estate-planning challenges for Illinois residents.
Miranda: Youth a factor in determining whether interrogation is “custodial” By Helen W. Gunnarsson August 2011 Lawpulse, Page 382 The U.S. Supreme Court holds that a subject's youth matters when determining whether a Miranda warning is required - a conclusion the Illinois Supreme Court came to years ago.
Mistaken good faith belief about law does not support probable cause for traffic stop May 2011 Illinois Law Update, Page 228 A police officer's good faith but mistaken belief about the law does not support probable cause to initiate a traffic stop, according to an Illinois Court of Appeals. The court affirmed a decision to suppress evidence, which was the result of a traffic stop initiated when an officer believed the defendant violated a traffic law but was mistaken about what the law actually prohibited.
The Monitored Device Driving Permit: What Practitioners Need to Know By Larry A. Davis October 2011 Article, Page 506 Illinois replaced the judicial driving permit with the monitored device driving permit ("MDDP"), which requires a large number of DUI offenders to use a breath interlock device. This article reviews the law and recent changes.
More Lawyers Making A Difference for Juvenile Justice By Mark D. Hassakis March 2011 Column, Page 116 We continue our look at Illinois lawyers helping to transform our juvenile justice system.
Motion(al) intelligence By Helen W. Gunnarsson February 2011 Lawpulse, Page 66 Motions, particularly motions to stay and to strike, are tools every appellate lawyer should know how and when to use.
Navigating the Illinois Nursing Home Care Act By Catherine D. Battista February 2011 Article, Page 92 This how-to for practitioners filing claims under the NHCA shows how they are often easier to bring than traditional medical malpractice or healing arts claims.
New bill eases substitute visitation for servicemembers; “visitation abuse” bill defeated By Helen W. Gunnarsson December 2011 Lawpulse, Page 604 A look at the contrasting fates of bills designed to 1) ease custody and visitation for deployed servicemembers and 2) increase penalties for visitation abuse.