Publications

Illinois Bar Journal
Articles From 2014

Browse articles by year: 2014 (301) 2013 (307) 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)

Court Supervision - Not Just for Speeding Tickets By Mark S. Mathewson September 2014 Column, Page 448 Supervision is an alternative to conviction that every criminal defense attorney should know when to use.
Courts may award child support to non-custodial parents September 2014 Illinois Law Update, Page 424 On June 19, 2014, the Illinois Supreme Court held that section 505 of the Illinois Marriage and Dissolution of Marriage Act allows courts to award child support to non-custodial parents.
Credit report security freeze request now allowed for parents and guardians of minors and disabled persons April 2014 Illinois Law Update, Page 168 The Consumer Fraud and Deceptive Business Practices Act has been amended to allow an individual to request a "security freeze" on the credit report of a minor or a disabled person if they meet certain qualifications, and provide proper identification and authority for the request.
Criteria established for expunging a minor’s law enforcement records August 2014 Illinois Law Update, Page 372 While most juvenile law enforcement records are property of the State, must not be destroyed, and usually must be accessible to the public, these rules do not apply to records expunged under subsections 1.5 and 1.6 of the Juvenile Court Act of 1987.
Defending Confession Judgment Cases in Illinois By Andrew R. Schwartz October 2014 Article, Page 494 A confession of judgment lets a creditor take a judgment without notice to the debtor. Here are strategies for representing commercial debtors facing these judgments.
Department of Natural Resources permit revocation and eviction procedures October 2014 Illinois Law Update, Page 472 The Department of Natural Resources ("DNR") amended the procedures for revoking and suspending Department-issued licenses, permits, and privileges to penalize conservation offenses and criminal code violations. 17 Ill. Adm. Code 2530 (eff. July 25, 2014).
Department of Revenue can refuse registration and permit for tax default February 2014 Illinois Law Update, Page 68 The Department of Revenue may now refuse to issue a license, registration, or permit if the owner, partner, or, in the case of a limited liability company, a manager or member whose name is on the application is in default for money due under any tax or fee act administered by the Department.
Discourage juror tweets through admonishment, not punishment By Janan Hanna July 2014 Lawpulse, Page 314 Authors of a Chicago-based study of jury behavior conclude that jurors actually listen to instructions from judges not to communicate about the case.
The Disengagement Letter: Saying a Good Goodbye By Charles J. Northrup October 2014 Column, Page 504 Formally acknowledging the end of your representation can lead to a happier ending - and a new beginning.
Divorce Corp misses the mark, lawyers say By Janan Hanna April 2014 Lawpulse, Page 162 An angry documentary misrepresents the family court system and the judges, lawyers, and others who work there, ISBA family law practitioners say.
Dramshop: Strict damage caps for the Illinois Insurance Guarantee Fund By Adam W. Lasker January 2014 Lawpulse, Page 10 Supreme Court resolves a split in appellate decisions to strictly cap the fund's liability, despite a harsh result for the parents in Rogers.
Driver’s education course required for first-time license applicants August 2014 Illinois Law Update, Page 372 Effective July 1, 2014, adults eighteen to twenty years old who have never previously obtained a driver's license and who have not completed an approved driver's education course must now take a six hour driver's education course. 92 Ill. Adm. Code 1030.
Dual Agency in Real Estate By Mark S. Mathewson November 2014 Column, Page 554 Like it or not, it's common for one agent to represent both buyer and seller.
E-discovery rule changes allow format choice, prevent abuse By Matthew Hector August 2014 Lawpulse, Page 366 Among other things, recent amendments to Illinois Supreme Court Rules 201 and 214 empower courts to tailor discovery if the burden of the request outweighs the benefit.
Easing synthetic plastic microbeads out of commerce August 2014 Illinois Law Update, Page 372 Due to the potential environmental impact of plastic microbeads on aquatic organisms, as of December 31, 2017, it shall be illegal to manufacturer for sale personal care products that contain synthetic plastic microbeads, with the exception of over the counter drugs.
Educational opportunities for children of deceased or disabled veterans June 2014 Illinois Law Update, Page 272 The Department of Veterans' Affairs recently adopted amendments aimed at implementing the Children of Deceased Veterans Act and providing educational opportunities for these children. 95 Ill. Adm. Code 101 (eff. Mar. 12, 2014).
Educator licensure August 2014 Illinois Law Update, Page 372 The State Board of Education has amended Article 21 of the School Code to comply with new state law regarding educator certification. 23 Ill. Adm. Code 25 (eff. May 6, 2014).
Employee classifications and complaint procedures November 2014 Illinois Law Update, Page 524 The Department of Labor, in accordance with legislative amendments to the Employee Classification Act, revised the regulations governing Employee Classifications to expand the definition of an "individual performing services."
Employer has no duty to bargain on recent pension changes July 2014 Illinois Law Update, Page 320 Under the recently amended Illinois Public Labor Relations Act, employers have no affirmative duty to bargain with employees for matters regarding changes, impact of changes, and implementation of changes made to Articles 14, 15, and 16 of the Illinois Pension Code.
Energy Assistance Program extended until 2018 February 2014 Illinois Law Update, Page 68 The Energy Assistance Act has been amended to extend the Supplemental Low-Income Energy Assistance Fund program until December of 2018.
Escrow of fair-share dues is required pending resolution of a union nonassociation claim by a public employee July 2014 Illinois Law Update, Page 320 On May 6, 2014, the Fourth District Appellate Court held that safeguarding a public employee's right of nonassociation with a union under § 6(g) of the Illinois Public Labor Relations Act (the "Act") requires the escrow of fair-share dues pending resolution of the employee's claim.
Estate Planning and the American Taxpayer Relief Act By Stephen M. Margolin and Lindsey Paige Markus February 2014 Article, Page 92 Thanks to ATRA, a married couple with a properly structured estate can pass more than $10 million free of federal estate tax. But beware income and state-estate tax consequences.
Expansion of subject matter scope for service contracts May 2014 Illinois Law Update, Page 220 The Illinois Service Contract Act is amended to expand the category of things that service contacts may be provided for.
Failure to report sexual abuse of a child May 2014 Illinois Law Update, Page 220 The Criminal Code of 2012 has been amended to criminalize the knowing failure to report to law enforcement the sexual abuse of a child by a person over the age of 18.
Family law rewrite still brewing in the General Assembly By Janan Hanna April 2014 Lawpulse, Page 162 A proposed 300-page overhaul of Illinois' decades-old marriage and divorce act remains alive in the legislature and continues to evolve in response to stakeholders' concerns.
A Family Lawyer’s Guide to Tending Client Relationships By Janan Hanna May 2014 Article, Page 224 Choosing the right clients and managing their expectations may be the two most important jobs for any family law practitioner.
Federal and Illinois Court Dockets: What’s Online? By Tom Gaylord November 2014 Column, Page 552 Though the feds keep docket information in PACER, electronic Illinois docket info is harder to find.
Federal minimum wage and overtime protection extended to home care workers By Matthew Hector November 2014 Lawpulse, Page 518 Soon, in-home care workers will be protected by the FLSA. But will the law's exemptions and exceptions swallow the rule?
Fewer requirements for veterans’ commercial driver’s licenses July 2014 Illinois Law Update, Page 320 In applying for a commercial driver's license ("CDL"), military personnel must obtain school bus and passenger endorsements, but they may not be required to complete the pre-trip inspection, vehicle and road driving skills test, and road test. 92 Ill. Adm. Code 1030 (eff. March 28, 2014).
Fictive kin required to apply for licensure as a foster family home October 2014 Illinois Law Update, Page 472 Under the Children and Family Services Act, child placements with fictive kin will soon be subject to new requirements.