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Illinois Bar Journal
Articles From 2013

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2013 Spring Session Legislative Roundup By Jim Covington August 2013 Column, Page 396 Concealed carry legislation, the medical marijuana pilot program, and more.
30 Female Blackstones By Paula H. Holderman September 2013 Column, Page 444 In August 1893, 30 female lawyers met in Chicago. A recent event remembered them.
Accreditation changes for practice in medical radiation technology November 2013 Illinois Law Update, Page 560 Effective August 22, 2013, the Illinois Emergency Management Agency (the "Agency") amended the regulations governing the accreditation standards for persons practicing in the field of medical radiation technology. 32 Ill. Adm. Code 401.
Additional factor in imposing extended term sentences. PA 098-0014 August 2013 Illinois Law Update, Page 392 With the popularity of flash mobs - and flash mob criminal groups - on the rise in recent years, the legislature added mob action to the list of factors that a court may consider in order to impose an extended term sentence. 730 ILCS 5/5-5-3.2.
Additional fees for recording a document affecting a real property interest. PA 098-0005 August 2013 Illinois Law Update, Page 392 To record a document affecting a real property interest, not including documents solely related to easements for water, sewer, electricity, gas, telephone, or other public services, the filer of the document (excluding a state agency, local government, or school district) will be charged $1 per document by the recorder. 55 ILCS 5/3-5018.
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.
Adult hosts of underage drinkers may face charges. PA 097-1049 July 2013 Illinois Law Update, Page 336 The Liquor Control Act has been amended to charge social hosts of underage drinkers. 235 ILCS 5/6-16.
Advance payment retainers in dissolution of marriage cases are subject to disgorgement December 2013 Illinois Law Update, Page 612 On October 3, 2013, the Illinois Supreme Court held that advance payment retainers paid in dissolution of marriage cases are subject to disgorgement pursuant to the "leveling of the playing field" rules in the Illinois Marriage and Dissolution of Marriage Act (the "Act").
An Adversary System without Advocates By Hon. Ron Spears November 2013 Column, Page 592 Our courts are ill-designed to meet the needs of pro se litigants. The supreme court is responding.
Affordable Housing Planning and Appeal Act regulations specify appeals process for developers July 2013 Illinois Law Update, Page 336 Newly enacted regulatory provisions, effective March 29, 2013, authorize the Illinois Housing Development Authority to adopt rules implementing the responsibilities of the State Housing Appeals Board (the "Board") under the Affordable Housing Planning and Appeal Act, 310 ILCS 67/60.
Aggravated device use now a crime November 2013 Illinois Law Update, Page 560 The Illinois Vehicle Code has been amended to create new charges of "aggravated device use" for the illegal use of video devices, electronic communication devices, and wireless phones while driving.
Aggressive steps being taken against teen dating violence October 2013 Illinois Law Update, Page 504 Public school boards must now adopt a policy that: (1) states that teen dating violence is prohibited; (2) "incorporates age-appropriate education about teen dating violence into new or existing training programs" for junior high and high school students and school employees; (3) establishes employee response procedures for incidents that take place at school or school-sponsored activities; (4) identifies the school officials; and (5) notifies students and parents of the adopted teen dating violence policy. 105 ILCS 110/3.10.
‘Aim for the Top’ By Ed Finkel November 2013 Article, Page 564 After a four-decade ascent through all levels of the Illinois court system, Rita Garman becomes Illinois's second female chief justice.
Aldermen’s texts, tweets during council meetings are ‘public records’ By Adam W. Lasker December 2013 Lawpulse, Page 606 Put your phone down as soon as the meeting starts, a lawyer for local officials counsels his clients in the wake of City of Champaign v. Lisa Madigan.
Amendments to Carnival and Amusement Rides Safety Act regulate “zip lines” July 2013 Illinois Law Update, Page 336 The Illinois Department of Labor (the "Department") recently adopted amendments to regulations governing safety standards and guidelines for zip lines operating in the State of Illinois. 56 Ill. Adm. Code 6000.
Amendments to Consultation Procedures October 2013 Illinois Law Update, Page 504 The Illinois Department of Natural Resources (the "Department") amended its consultation procedures effective as of July 5, 2013. 17 Ill. Adm. Code 1075.
Amendments to Detection of Deception Examiners Act June 2013 Illinois Law Update, Page 284 The Illinois Department of Financial and Professional Regulation (the "Department") recently adopted amendments to regulations governing requirements for detection of deception trainees and examiners. 68 Ill. Adm. Code 1230.
Amendments to Illinois Gaming Board policies September 2013 Illinois Law Update, Page 452 As of May 23, 2013, the Illinois Gaming Board (the "Board") made significant changes to the Illinois Gaming Board policies. See 11 Ill. Adm. Code 1800.
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 purchasing and contracts standards June 2013 Illinois Law Update, Page 284 Implementing legislative changes to the state's procurement process, the Office of the Auditor General ("OAG") has amended Part 500 of Title 44 of the Illinois Administrative Code.
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.
Amendments to the Illinois Banking Act authorize derivative transactions August 2013 Illinois Law Update, Page 392 The Illinois Department of Financial and Professional Regulation (the "Department") recently adopted amendments that authorize state chartered banks and state chartered savings banks to engage in derivative transactions. 38 Ill. Adm. Code 330.
Amendments to the long-term care assistants and aides training programs Code October 2013 Illinois Law Update, Page 504 The Illinois Department of Health ("the Department") recently adopted amendments to regulations governing the training of Certified Nursing Assistants, Child Care/Habilitation aides, and Developmental Disabilities Aides.
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.