How might Illinois take more seriously its Constitution’s directive of returning offenders of all ages to useful citizenship. In their October Illinois Bar Journal article, “Useful Sentencing,” Andrea D. Lyon and Hannah J. Brooks show how Illinois courts have interpreted this part of the state’s constitution in lockstep with the U.S. Supreme Court’s interpretations of the Eighth Amendment to the U.S. Constitution’s prohibition against “cruel and unusual” punishment—and how Illinois has seriously reassessed its position on sentencing in light of the major decisions on that subject from both the U.S. Supreme Court and the Illinois Supreme Court.
Illinois Bar Journal
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October 25, 2021 | Practice News
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October 18, 2021 | Practice News
Eviction law has not changed drastically over the years, that is, until the COVID-19 pandemic. Since that time there have been significant, temporary changes in the law as a result of the Illinois and federal eviction moratoriums, Illinois Supreme Court orders, and the passage of new legislation. But as the pandemic wanes, eviction issues, and a lawyer’s need to understand the basics, will remain.
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October 11, 2021 | Practice News
An emerging reality of the #MeToo era is the increased likelihood that you may have a client who will disclose sexual abuse. Attorneys have a duty to react thoughtfully and understand how to counsel a client who shares such sensitive information, write Caitlin K. Cervenka & Christine M. Crow in their October Illinois Bar Journal article, “Lawyering in the #MeToo Era.”
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October 4, 2021 | Practice News
For the Illinois Bar Journal’s October cover story, the IBJ reached out to several ISBA members who’ve experienced threatening situations at the office and home. They shared their stories, how they reacted at the time, and what they’ve done since then to protect themselves, their families, and staff.
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September 27, 2021 | Practice News
The Illinois Freedom of Information Act (FOIA) should be more than just an afterthought for businesses that transact with state and local governments or are subject to regulations requiring disclosures to such agencies. As William Cook and James Cook point out in their September Illinois Bar Journal article, “Business Information and Illinois FOIA requests,” unbeknownst to many businesses, as soon as a public body receives a FOIA request, sensitive business information (SBI) is potentially subject to disclosure, regardless of whether the requester is actually seeking SBI.
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September 21, 2021 | Practice News
One of the most well-known and effective ways of impeaching witnesses is to confront them with a prior statement that is inconsistent with their trial testimony. However, practitioners must be wary of engaging in incomplete impeachment, which occurs when: 1) a party asks a witness about an alleged prior inconsistent statement; 2) the witness denies making the statement; and 3) the party fails to prove up the impeachment by introducing evidence that the statement was in fact made.
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September 13, 2021 | Practice News
On July 20, 2020, the U.S. Court of Appeals for the Seventh Circuit held in United States v. Ruth that Illinois defines cocaine more broadly than the federal government. Because the Illinois definition of cocaine covers more than the corresponding federal definition, prior Illinois cocaine convictions can no longer be used to enhance a federal drug defendant’s mandatory minimum sentence. In his September Illinois Bar Journal article, “Cocaine Isn’t What It Used to Be,” Thomas Drysdale explores how sentencing enhancements are built into federal drug laws, how and when those enhancements can be applied, why Illinois cocaine convictions are no longer predicate offenses after United States v. Ruth, and what the potential consequences of Ruth will be going forward.
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September 7, 2021 | Practice News
Yes, it can be challenging for smaller law firms and solo attorneys lacking a tech staff to keep on top of the latest in everything from videoconferencing, to social media, to running a practice virtually. But lawyers don’t need a lot of technological expertise to expand their digital toolkits. The cover article in September’s Illinois Bar Journal discusses how practitioners and smaller law firms can better serve clients by staying abreast of the latest technology. Technology is one of the themes of the ISBA’s annual Solo & Small Firm Conference (SSFC) on Sept. 30 and Oct. 1 and the IBJ interviewed several of the conference’s presenters for this article.
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August 23, 2021 | Practice News
Every August, the Illinois Bar Journal publishes its annual Legislative Roundup of bills pass by the General Assembly and signed by (or awaiting the signature of) the governor. Take a few minutes to scan through the list of new laws curated by Jim Covington, the ISBA’s director of legislative affairs. The online version of the Legislative Roundup is updated as Gov. Pritzker signs each bill as it becomes a public act. Covington pays special attention throughout the year to legislation affecting lawyers and the practice of law, not least regarding trusts, estate planning, real estate, family law, civil litigation, business law, criminal justice, and juvenile law.
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August 16, 2021 | Practice News
On June 28, 2019, Gov. Pritzker signed into law an ambitious legislative plan that creates a unique opportunity for data-center owners to receive significant tax exemptions for the rehabilitation or construction of data centers located in Illinois. The legislation allows the state to issue tax exemptions and abatements related to qualifying data-center projects conditioned on: 1) entering into a project labor agreement; and 2) complying with the “responsible bidder” requirements of the Illinois Procurement Code. But are the state’s plans overly ambitious? To find answers, read James Connolly Jr. and Joseph P. Sweeney’s August Illinois Bar Journal article, “Illinois and the Data Center Game.”