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Illinois Bar Journal
Articles From 2012

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Pheasant, partridge, quail, and rabbit hunting regs amended December 2012 Illinois Law Update, Page 632 The Department of Natural Resources (the "DNR") recently adopted amendments to the regulations hunting of cock pheasant, Hungarian partridge, bobwhite quail, and rabbits.
Photos of sex with a 17-year-old are illegal even though underlying sex acts are not By Adam W. Lasker August 2012 Lawpulse, Page 398 The Illinois Supreme Court finds the state has a rational basis for outlawing photos of a 17-year-old's sex acts, though the underlying sex acts were consensual and thus lawful.
Planning for Retirement: A Life Guide for Attorneys By Gary R. Gehlbach October 2012 Article, Page 530 As attorneys age and the practice of law becomes more challenging, retirement beckons for many. Planning for that day, however, should be an early-career project.
Practitioners and title industry unite to iron out new TODI law By Adam W. Lasker April 2012 Lawpulse, Page 178 Title companies are working with drafters of the new transfer-on-death-instrument law to clear up questions and help prevent uncertainty.
A Practitioner’s Guide to Expunging and Sealing Criminal Records in Illinois By Joshua D. Carter December 2012 Article, Page 642 Clearing criminal records is important business for many clients – here's a quick guide.
Preventing Deposition Abuse in Illinois By Jeffrey A. Parness March 2012 Column, Page 162 Illinois courts should require prediscovery conferrals and other deposition-management techniques, the author opines.
Program review for private colleges and universities July 2012 Illinois Law Update, Page 352 The Board of Higher Education (“the Board”) recently adopted amendments to the regulations governing private colleges and universities. 23 Ill. Adm. Code 1030.
Promotion of breastfeeding is now mandatory in hospitals providing birthing services. PA 097-0713 September 2012 Illinois Law Update, Page 464 Illinois lawmakers have enacted the Hospital Infant Feeding Act, which states that every hospital providing birthing services must implement an infant feeding policy that promotes breastfeeding.
Proposal would stop employers from seeking social network passwords By Adam W. Lasker May 2012 Lawpulse, Page 234 Proposed legislation would forbid employers from asking for employees' and job applicants' social-media passwords, but some lawyers argue for a public-safety exception.
Protecting anonymous online speakers: Stone v Paddock Publications By Helen W. Gunnarsson January 2012 Lawpulse, Page 10 Plaintiffs seeking pre-suit discovery to unmask the anonymous online posters who allegedly libeled them must first state facts that support a defamation claim, the first district held.
Protection against harassment for the victims of sex crimes. PA 097-0468 June 2012 Illinois Law Update, Page 292 Illinois lawmakers have amended the Criminal Code of 1961 to protect victims of sex crimes and their family members from harassment (720 ILCS 5/12-7.4).
Qualified defamation privilege applies to statements in condominium assessment lien July 2012 Illinois Law Update, Page 352 On May 17, 2012, the first district appellate court held that statements made in a condominium assessment lien are not absolutely privileged when the condominium association does not enforce the lien by judicial foreclosure.
Rabbit hunting season may be extended by one month. PA 097-1001 November 2012 Illinois Law Update, Page 580 The Illinois Wildlife Code has been amended to extend the possible open hunting season for cottontail, jack, and swamp rabbits (520 ILCS 5/2.27).
Radon testing required at least once every three years in day care centers. PA 097-0981 November 2012 Illinois Law Update, Page 580 Illinois lawmakers have amended the Child Care Act of 1969 by adding section 5.8. 225 ILCS 10/5.8. Beginning January 1, 2013, licensed day care centers, licensed day care homes, and licensed group day care homes must be tested for radon at least once every three years in accordance with the Illinois Emergency Management Agency.
Railroads owe no duty of care to children who climb on moving trains By Adam W. Lasker November 2012 Lawpulse, Page 574 The supreme court rules that moving freight trains pose an open and obvious danger to child trespassers.
Raising the Ante(Diluvian) By Karen Erger February 2012 Column, Page 108 More about the pros and cons of e-calendars.
Ready to Lead? Nominate Yourself for an ISBA Committee or Council By Paula H. Holderman December 2012 Column, Page 625 Looking for a chance to lead? To grow? To make a difference in the Illinois State Bar Association and the legal profession? Then consider nominating yourself for one of our many section councils and committees for 2013-14.
Real Estate and Malpractice By Karen Erger December 2012 Column, Page 662 Real estate law now generates more claims than any other practice area.
The Real Prisoner’s Dilemma By Hon. Ron Spears August 2012 Column, Page 442 Defendants have a Constitutional right to effective counsel during plea bargains.
Recovering Attorney Fees for Defending Frivolous Claims By Monte L. Mann and John Haarlow, Jr. September 2012 Article, Page 474 There are two routes to attorney fees for defending frivolous claims - a motion for Rule 137 sanctions and, rarely, a malicious prosecution claim. Here's a look at both.
Recovery for damage to local government-owned roadway property. PA 097-0373 June 2012 Illinois Law Update, Page 292 Illinois lawmakers have amended the Illinois Highway Code to allow local governments to request recovery for the costs of repairing or replacing damaged or destroyed local government-owned roadway property.
Registration of Smaller Sources Program March 2012 Illinois Law Update, Page 132 The Illinois Pollution Control Board ("the Board") created a new Registration of Smaller Sources (ROSS) Program intended to simplify air regulatory requirements by requiring sources with low emissions to register with the Illinois Environmental Protection Agency ("the Agency") rather than requiring an air permit as authorized by sections 9.14 and 27 of the Environmental Protection Act. 35 Ill Adm Code 201.175.
The Revestment Doctrine: Alive and Well or On Its Last Legs? By Kristopher N. Classen February 2012 Article, Page 94 Under the revestment doctrine, litigants can "revest" the trial court with otherwise expired jurisdiction by participating in a case without objection 30 or more days after entry of the final order. But recent rulings draw the viability of the doctrine into question.
Rules committee hears proposals on divorce, criminal law, evidence issues By Helen W. Gunnarsson January 2012 Lawpulse, Page 10 Proposals address financial disclosure in divorce, how judges describe defendants' decision not to testify, and how to handle inadvertent disclosure of documents.
Savings are not ‘income’ for child-support calculation By Adam W. Lasker July 2012 Lawpulse, Page 346 The Illinois Supreme Court rules that a noncustodial parent’s savings are not “income” but can nonetheless be used for support if circumstances warrant.
Savings withdrawals do not qualify as net income for child support calculations August 2012 Illinois Law Update, Page 404 On May 24, 2012, the Illinois Supreme Court held that, for purposes of determining child support under section 505 of the Illinois Marriage and Dissolution of Marriage Act ("the Act"), an individual does not have net income when withdrawing money from a personal savings account.
School immunization records shall be made publicly available. PA 097-0910 November 2012 Illinois Law Update, Page 580 Illinois lawmakers have amended the School Code (105 ILCS 5/27-8.1), requiring all public school districts and registered nonpublic schools to make immunization records publicly available by December 1 of each year.
Schools to collect data on active duty parents. PA 097-0505 August 2012 Illinois Law Update, Page 404 The General Assembly has amended the School Code to introduce a new school survey (105 ILCS 5/22-65 new).
Secretary of State empowered to terminate fraudulent financing statements By Adam W. Lasker October 2012 Lawpulse, Page 514 An amendment to the Illinois UCC penalizes filing of false financing statements or liens and gives the secretary of state authority to investigate, punish, and even terminate false filings.
Service of process not required for adoption defendants under age 14. PA 097-0988 December 2012 Illinois Law Update, Page 632 The Illinois Adoption Act has been amended to provide that service of process is not required for minor defendants to an adoption proceeding who are a) under the age of 14 and b) have been or will be appointed a guardian ad litem under the Act. 750 ILCS 50/7.