Publications

Articles From Adam W. Lasker

Illinois lawmakers revive overturned armed robbery sentencing enhancement

By Adam W. Lasker
July
2013
LawPulse
Page 330
After the high court held a sentencing enhancement unenforceable because its penalty was tougher than that of a second law with the same elements, lawmakers changed the elements of the second law and thereby revived the first.

Supreme court, advocates push legislation to expand access to justice, fund e-filing

By Adam W. Lasker
July
2013
LawPulse
Page 330
Among other things, the legislation would help defray the costs of statewide e-filing and expand the pool of individuals who qualify for legal aid.

Supreme court declines to extend doctrine of election beyond wills to trusts

By Adam W. Lasker
July
2013
LawPulse
Page 330
The Illinois Supreme Court found the doctrine irrelevant to the facts of In re Estate of Boyar, leaving the question of whether it applies to trusts as well as wills for another day.

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.

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.

Lake County bans nonlawyer representatives at tax appeals board

By Adam W. Lasker
June
2013
LawPulse
Page 278
Lake is the latest Illinois county to confront UPL by prohibiting nonlawyers from representing parties before the tax appeals board of review.

No double jeopardy though jurors were sworn, high court rules

By Adam W. Lasker
June
2013
LawPulse
Page 278
The Illinois Supreme Court ruled in Martinez that, even though the jury was already empanelled, the defendant was not in jeopardy because the state stood silently by and presented no evidence.

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 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.

Online offerings let lawyers earn LL.M.s at home

By Adam W. Lasker
May
2013
LawPulse
Page 222
Two Illinois law schools are pioneers in the rapidly expanding field of LL.M. distance-learning programs.

SCOTUS rules warrantless dog-sniff search of home unconstitutional

By Adam W. Lasker
May
2013
LawPulse
Page 222
Unlike an earlier decision this term that allowed dog-sniff evidence from a traffic stop, Jardines holds that the dog-sniff search of a front porch requires a warrant.

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.

Legislature considering modifications to small-estate affidavits

By Adam W. Lasker
April
2013
LawPulse
Page 170
ISBA-proposed changes would make the small-estate affidavit a more effective and easier-to-use probate avoidance device, a key proponent says.

New supreme court rules promote foreclosure mediation

By Adam W. Lasker
April
2013
LawPulse
Page 170
New consumer-friendly rules, effective May 1, are designed to make the foreclosure process more fair and reduce the backlog of cases.

SCOTUS could reconcile conflicting federal rulings on immigrants’ right to counsel

By Adam W. Lasker
April
2013
LawPulse
Page 170
The ninth circuit joins the seventh in ruling that an immigrant who is denied the right to counsel in removal proceedings need not show prejudice to successfully appeal that denial.

Suit barred for plaintiffs who ‘came to the nuisance’ of fly-infested cattle farm

By Adam W. Lasker
April
2013
LawPulse
Page 170
The Illinois Supreme Court held that the Farm Nuisance Suit Act barred recovery for plaintiffs who acquired a house across the road from a fly-infested cattle farm.

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.

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.

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.

Supreme court makes e-service voluntary, not mandatory

By Adam W. Lasker
March
2013
LawPulse
Page 118
The most recent amendments to the supreme court rules, which took effect January 1, permit service by email but do not require it.

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.

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.

Recording police interrogations: bill would expand beyond homicide cases

By Adam W. Lasker
February
2013
LawPulse
Page 66
Illinois was among the first states to require taped interrogations in homicide cases. Now it lags behind as other states pass broader laws. Proposed legislation would put Illinois back in the front ranks, proponents say.

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.

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.

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.

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.

Lawyers and LinkedIn endorsements: proceed with caution

By Adam W. Lasker
January
2013
LawPulse
Page 10
LinkedIn members know that "endorsements" are popping up everywhere. Can you make and accept them? Yes, but mind your ethical ps and qs, an authority warns.

Access to Justice Commission strives to open courts to the poor, disabled

By Adam W. Lasker
December
2012
LawPulse
Page 626
The new supreme-court-appointed commission is working to improve access to the courts for people living in poverty or who have disabilities and language barriers.

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