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Illinois Bar Journal
Articles From 2013

Browse articles by year: 2013 (118) 2012 (284) 2011 (296) 2010 (302) 2009 (272) 2008 (301) 2007 (305) 2006 (339) 2005 (310) 2004 (317) 2003 (323) 2002 (336) 2001 (289) 2000 (269) 1999 (267) 1998 (53)

#Oyez, #Oyez: Why Judges Should Let Reporters Tweet from the Courtroom By Esther Seitz January 2013 Article, Page 38 The author argues that Illinois courts should embrace tweeting and other microblogging by reporters as an immediate and non-disruptive way to acquaint the public with the workings of the judiciary.
Additional information required in a report on the death or life-threatening injury of a child. PA 097-1068 April 2013 Illinois Law Update, Page 176 The Abused and Neglected Child Reporting Act has been amended to require that copies of the materials used by the Illinois Department of Children and Family Services, in their investigation of the death or life-threatening injury of a child, be provided in their report. 325 ILCS 5/4.2.
Admissibility of Dog-Sniff Evidence: Evaluating Probable Cause after Florida v. Harris By David J. Robinson April 2013 Article, Page 194 In Harris, the U.S. Supreme Court held that dog-sniff evidence can be admissible even if prosecutors do not lay a detailed foundation that the dog is well trained.
Amendments to Payday Loan Reform Act affect military members March 2013 Illinois Law Update, Page 124 The Illinois Department of Financial and Professional Regulation (the "Department") recently adopted amendments to regulations governing payday loans. 38 Ill. Adm. Code 210.
Amendments to pregnancy termination reporting May 2013 Illinois Law Update, Page 228 The Illinois Department of Public Health (the "Department") recently adopted amendments to regulations governing reporting requirements for pregnancy terminations. 77 Ill. Adm. Code 505.
Amendments to radiation installations requirements February 2013 Illinois Law Update, Page 72 The Illinois Emergency Management Agency (the "Agency") recently adopted amendments to registration and operator requirements for radiation installations. 32 Ill. Adm. Code 320.
Amendments to sewer discharge criteria April 2013 Illinois Law Update, Page 176 The Illinois Pollution Control Board (the "Board") recently adopted amendments to regulations governing wastewater pretreatment regulations. 35 Ill. Adm. Code 307.
Answering an IDHR Discrimination Claim By Ron Wisniewski March 2013 Column, Page 154 What to do if a worker files an employment discrimination claim against your client.
Apparent and actual agency not separate claims for res judicata purposes By Adam W. Lasker February 2013 Lawpulse, Page 66 The Illinois Supreme Court ruled that res judicata does not stop plaintiffs from alleging a defendant's apparent agency after their claim alleging actual agency was dismissed.
Arguing Witness Credibility at Closing After People v. Adams By Jill Ausdenmoore February 2013 Article, Page 92 In Adams, the Illinois Supreme Court reemphasized that prosecutors' commentary on witness credibility at closing must be based on the evidence.
Attorney-client privilege: no subject matter waiver in extrajudicial settings By Adam W. Lasker February 2013 Lawpulse, Page 66 The Illinois Supreme Court holds that the doctrine of subject matter waiver cannot be used to force disclosure of privileged communications between lawyers and clients.
AVVO launches controversial lawyer bidding service By Adam W. Lasker February 2013 Lawpulse, Page 66 AVVO.com's new online service allowing lawyers to quote fees for prospective traffic-ticket clients sends the public the wrong message, ISBA-member critics complain.
Ban on zinc button batteries. PA 097-1107 April 2013 Illinois Law Update, Page 176 Illinois lawmakers have amended the Mercury-added Product Prohibition Act to restrict the sale and distribution of zinc batteries. 410 ILCS 46/10 and 46/27.
The Battle Against Non-Lawyer Involvement in Legal Practice By John E. Thies January 2013 Column, Page 8 How ISBA is fighting efforts to allow non-lawyer ownership.
Bill would eliminate "open-space" tax exemptions for recreational buildings By Adam W. Lasker March 2013 Lawpulse, Page 118 Should a busy clubhouse connected to a golf course be treated as "open space" and taxed at a low rate? Proposed legislation would end the judicially-created exemption.
Changes to Firearm Owners Identification Card procedures for certain individuals. PA 097-1131 February 2013 Illinois Law Update, Page 72 A number of Acts related to the Firearm Owners Identification Card ("FOID card") have been changed to add new procedures and restrictions for individuals holding such cards and law enforcement agencies responsible for administering them.
Changes to state procedures for sending property tax bills. PA 097-1084 March 2013 Illinois Law Update, Page 124 Illinois lawmakers have amended the Property Tax Code to allow collectors to send property tax bills by way of e-mail upon the taxpayer's request.
Chicago-Kent's solo-attorney incubator nurtures new lawyers By Adam W. Lasker January 2013 Lawpulse, Page 10 An innovative law school program gives a group of new admittees office space and real-world experience under the guidance of former profs.
Child sex offenders banned from participation in some holiday celebrations. PA 097-0699 May 2013 Illinois Law Update, Page 228 Lawmakers have updated the Criminal Code of 1961 to add additional limitations to the activities of convicted child sex offenders in Illinois.
Corporate pleadings improper - but not void - when signed by non-attorney By Adam W. Lasker January 2013 Lawpulse, Page 10 In Downtown Disposal, the Illinois Supreme Court ruled that filings signed by a non-attorney are not null-and-void UPL and may be amended by lawyer.
Correspondence from Our Readers May 2013 Column, Page 218 Law school debt report underscores what "attorneys experience every day"; Small-estate affidavits and the SOS.
Correspondence from Our Readers April 2013 Column, Page 116 Riding the DIY wave.
Court applies traveling employee exception to workers' compensation claim February 2013 Illinois Law Update, Page 72 On December 6, 2012, the Illinois Appellate Court, Fourth District, held that a contractor could reasonably foresee that an employee would stay at a motel close to a job site when their home was 200 miles away, and thus the employee's injury while traveling from the motel to the worksite arose in the course of his employment for workers' comp purposes.
Court clarifies pleading requirements under Consumer Fraud Act February 2013 Illinois Law Update, Page 72 On November 20, 2012, the Illinois Appellate Court, First District, determined that a defendant's intent to induce reliance by a consumer is a necessary element to proving a section 2 claim under the Consumer Fraud and Deceptive Business Practices Act ("Consumer Fraud Act"), regardless of whether the defendant's action was a misrepresentation or omission of material fact.
Court clarifies standards for confirmation of levy sales April 2013 Illinois Law Update, Page 176 On January 22, 2013, the Illinois Appellate Court, First District, held that a levy sale of an undivided half-interest in a single-family home for $120,000 less than its appraised value was not unconscionable or unjust.
Credit-card privacy case leads to the High Court By Adam W. Lasker January 2013 Lawpulse, Page 10 A team of Chicago lawyers lost part of their high-profile federal case. But they had a Supremely memorable experience nonetheless.
Debtor's life insurance policy is exempt personal property if its proceeds are directed to a trust for the benefit of a husband, wife, or dependent. PA 097-1030 January 2013 Illinois Law Update, Page 16 The Code of Civil Procedure is amended by extending a debtor's exempt personal property to include some life insurance policies, endowment policies, and annuities if the proceeds are directed into a particular kind of trust. 735 ILCS 5/12-1001.
Department of Natural Resources may ban individuals from its land. PA 097-1011 February 2013 Illinois Law Update, Page 72 The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois now provides for the removal and/or ban of individuals from Department-owned or dedicated lands. 20 ILCS 805/805-518 new.
Despite 7CA ruling, Illinois judges not dismissing concealed-carry cases By Adam W. Lasker March 2013 Lawpulse, Page 118 According to a lawyer monitoring such cases, local judges are unlikely to stop enforcing the ban until this summer, the state's deadline for enacting a law that passes Second Amendment muster.
Developments in the Duty to Preserve Evidence By Professor Jeffrey A. Parness March 2013 Column, Page 152 Two recent cases shed light on spoliation claims in Illinois.