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Illinois Bar Journal
Articles From 2013

Browse articles by year: 2013 (140) 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)

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.
Dinosaurs and Jury Trials: Adaptation or Extinction? By Hon. Ron Spears May 2013 Column, Page 264 Trial by jury remains a key underpinning of our justice system.
Divorce Without Discovery: A New Landmine in Marital Litigation By Reuben A. Bernick May 2013 Article, Page 238 A recent case holds that if you don't conduct formal discovery in your divorce case, you may lose the right to reopen the judgment after it's entered, even to seek assets that weren't disclosed.
E-Filing Gets the Green Light By Maria Kantzavelos January 2013 Article, Page 20 Are you ready for service by e-mail? Filing at 11:59 p.m.? The electronic record as official court record? Effective January 1, the Illinois Supreme Court has taken a big, 21st-Century step toward making e-filing the norm and not the exception.
Electric utility environmental disclosures may now be made electronically or through the mail. PA 097-1092 January 2013 Illinois Law Update, Page 16 The General Assembly has amended the Public Utilities Act to alter the environmental disclosure delivery requirements.
Employers barred from requesting social media passwords. PA 097-0875 May 2013 Illinois Law Update, Page 228 Illinois employers are now prohibited from requesting or requiring password or account information or demanding access to employees' or prospective employees' social networking profiles. 820 ILCS 55/10.
Environmental Law Resources for Illinois Attorneys By Tom Gaylord May 2013 Column, Page 260 There's a plenty of free, online primary environmental law.
Estate Planning for Clients Who Don't By Regina Rathnau March 2013 Article, Page 138 Even when clients resist comprehensive estate planning you can help them better prepare for the inevitable.
Failure to report the death or disappearance of a child under 13 years of age. PA 097-1079 June 2013 Illinois Law Update, Page 284 Illinois lawmakers have amended the Criminal Code of 1961 by adding the offense of "Failure to report the death or disappearance of a child under 13 years of age." 720 ILCS 5/10-10 new.
Forcing Lenders to Comply with the Home Affordable Modification Program By Andrew Hawes June 2013 Article, Page 308 The seventh circuit rules that borrowers can sue lenders for state law breach of contract and other claims related to a trial period plan payment agreement.
The Fourth Year Law Student By Karen Erger April 2013 Column, Page 208 You survived law school - now your legal education really begins.
A Guide to the Confrontation Clause By Geoffrey Burkhart June 2013 Article, Page 304 When does the Sixth Amendment require prosecutors to produce a live witness rather than an out-of-court statement against a defendant? Here's a look at the latest developments.
Health care lawyers prep for medical marijuana law By Adam W. Lasker June 2013 Lawpulse, Page 278 Health care lawyers prepare to counsel doctors, hospitals, and others how not to run afoul of the "Medical Cannabis" bill.
Hearsay allowed in murder trial under domestic violence exception By Adam W. Lasker January 2013 Lawpulse, Page 10 The Illinois Appellate Court ruled recently that hearsay evidence is admissible in a murder trial under a statutory exception for domestic violence prosecutions.
High court: security officers can detain drivers, issue citations on private roads By Adam W. Lasker March 2013 Lawpulse, Page 118 The majority says it makes no sense to allow a homeowner's association to build roads but not regulate traffic on them. Critics say the ruling raises more questions than it answers.
Home rule rules, says the Illinois Supreme Court By Adam W. Lasker June 2013 Lawpulse, Page 278 Ordinances enacted by home rule municipalities trump state statutes unless the state expressly exercises exclusive control, the supreme court rules in a condo case.
How Do I Research That? Find a LibGuide By Tom Gaylord March 2013 Column, Page 158 The LibGuide system connects to thousands of free research guides.
Illinois high court affirms criminal contempt convictions of E2 nightclub owners By Adam W. Lasker May 2013 Lawpulse, Page 222 The Illinois Supreme Court reversed a ruling that vacated criminal contempt convictions against the owners of a Chicago nightclub where 21 people were killed in a stampede.
Illinois residents may purchase ammunition in Illinois through the mail. PA 097-1135 February 2013 Illinois Law Update, Page 72 Illinois lawmakers have amended the Hospital Licensing Act's required minimum procedures regarding "clinical privilege determinations" for hospitals' current medical staff members. 210 ILCS 85/10.4.
The Illinois Secretary of State may issue driver's licenses to undocumented immigrants. PA 097-1157 May 2013 Illinois Law Update, Page 228 Illinois lawmakers have amended the Illinois Vehicle Code to allow the Secretary of State to issue temporary driver's licenses to persons without documentation authorizing their presence in the United States. 625 ILCS 5/6-105.1.
Illinois Supreme Court recognizes doctrine of equitable adoption By Adam W. Lasker May 2013 Lawpulse, Page 222 If parents treat a child they have not legally adopted as their own, he can pursue an inheritance even in the absence of their express or implied contract to adopt him, the high court rules.
Implementation of standards of service and customer credits for telecommunication carriers January 2013 Illinois Law Update, Page 16 The Illinois Commerce Commission (the "ICC") adopted new standards for telecommunication carriers implementing service quality and customer credit standards. 83 Ill. Adm. Code 737.
Implementation of the Appraisal Management Company Registration Act May 2013 Illinois Law Update, Page 228 Newly enacted section 1452 of Title 68 of the Illinois Administrative Code, promulgated by the Department of Financial and Professional Regulation (the "Department"), is directed towards appraisal services and specifies rules implementing provisions of the Appraisal Management Company Registration Act, 225 ILCS 459. 68 Ill. Adm. Code 1452.
Implementing rules for landscape waste composting and on-farm composting facilities February 2013 Illinois Law Update, Page 72 Recently adopted administrative rules regulate the issuance of permits for maintenance of waste composting areas or facilities that exceed applicable rates.
In-line skaters subject to new requirements and allowances on public roadways. PA 097-1023 January 2013 Illinois Law Update, Page 16 The Illinois Vehicle Code now includes a detailed definition of in-line speed skates (625 ILCS 5/1-131.5 new) and amends the definition of pedestrian to include a person wearing in-line speed skates.
Interpreting federal statutes in state court: the high court speaks By Adam W. Lasker April 2013 Lawpulse, Page 170 What happens when state and federal courts disagree about how to interpret a federal statute? The Illinois Supreme Court tackled this difficult question in a recent ruling.
The ISBA and Issues of the Day By John E. Thies March 2013 Column, Page 116 The ISBA has always addressed the most important legal issues.