Publications

Articles on Law Pulse

Foreign Intelligence Surveillance Court keeps its eyes on the spies

By Helen W. Gunnarsson
October
2002
LawPulse
Page 506
A brief history of the federal court that reviews the propriety of foreign intelligence wiretaps, which recently made news by denying a wiretap request for only the second time in 20-plus years.

The power of special interrogatories

By Helen W. Gunnarsson
October
2002
LawPulse
Page 506
They're a useful tool for the plaintiffs' bar as well as the defense, a trial lawyer says.

The truth about mold

By Helen W. Gunnarsson
October
2002
LawPulse
Page 506
If you practice real-estate law, it's time you learned the moldy facts.

Corporate reform bill tough on lawyers

By Helen W. Gunnarsson
September
2002
LawPulse
Page 448
Ironically, the SEC was lukewarm to less stringent ethics rules urged by a U of I law prof and colleagues last spring.

Is E-mail Subject to the Open Meetings Act?

By Helen W. Gunnarsson
September
2002
LawPulse
Page 448
Some e-mail exchanges between public board members might constitute meetings and thus implicate the Open Meetings Act.

New law will help trustees avoid Hobson’s Choice

By Helen W. Gunnarsson
September
2002
LawPulse
Page 448
SB 1697, now awaiting Gov. Ryan's signature, will make it easier for trustees of certain commonly used trusts to invest the principal so as to benefit both income and remainder beneficiaries.

The varying standards of client capacity

By Helen W. Gunnarsson
September
2002
LawPulse
Page 448
Making a will, signing a deed, executing a POA for property; they all require different standards of competence. What are they, and what do they mean for you and your clients?

Bill would require clergy to report abuse

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
HB 5002 would add clergy to the list of required reporters under the Abused and Neglected Child Reporting Act.

Employers need not hire workers for jobs that threaten health

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
The ADA does not require employers to hire employees for jobs that would pose a "direct threat" to the candidates health, the Supreme Court ruled.

Illinois Supreme Court cares for caretakers

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
The high court upholds the Probate Act provision that allows a claim against the estate by selected relatives who serve as custodial caretakers.

New limits on attorney-client privilege for government lawyers and agency clients

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
The seventh circuit holds that when federal prosecutors seek information from an agency attorney as part of a criminal investigation, the agency lawyer must talk.

A new — and overdue — Uniform Partnership Act

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
Partnership will become an even more attractive form of business organization under the revised Act. But when will lawyers be able to form LLPs?

Bill requiring DNA samples awaits Ryan’s signature

By Helen W. Gunnarsson
July
2002
LawPulse
Page 338
Prosecutors and criminal defense attorneys alike praise the legislation, which requires everyone convicted of a felony to provide DNA for a statewide database.

Boyd laid down the law on spoliation

By Helen W. Gunnarsson
July
2002
LawPulse
Page 338
Want to learn the law governing destruction of evidence in Illinois? Start with this 1995 Illinois Supreme Court decision.

Future injuries; the high court charts a new course

By Helen W. Gunnarsson
July
2002
LawPulse
Page 338
When the Illinois Supreme Court held that plaintiffs can be compensated for the risk of future injury, it departed from precedent and followed the trend.

Perspectives on death-penalty reform

By Helen W. Gunnarsson
July
2002
LawPulse
Page 338
A prosecutor and criminal defense attorney react to the recommendations of Governor Ryan's Commission on Capital Punishment.

Uncle Sam sidesteps tenancy-by-the-entirety restrictions

By Helen W. Gunnarsson
July
2002
LawPulse
Page 338
A recent U.S. Supreme Court case holds that tax liens against one spouse attach to property held in tenancy by the entirety by both spouses, putting the IRS in a better position than other creditors.

The high court overturns Illinois grandparents’ visitation statute

By Helen W. Gunnarsson
June
2002
LawPulse
Page 282
The Illinois Supreme Court rules that the grandparents' visitation law unconstitutionally infringes upon parents' rights.

High-tech filing comes to bankruptcy court…

By Helen W. Gunnarsson
June
2002
LawPulse
Page 282
Bankruptcy court for Illinois' southern district now requires electronic filing.

New 7CA limits on arbitration agreements

By Helen W. Gunnarsson
June
2002
LawPulse
Page 282
Employer-employee arbitration agreements that require each party to pay its own attorney fees in civil rights and sexual harassment cases are unenforceable, the seventh circuit rules.

The supreme court does a retake on quick-take

By Helen W. Gunnarsson
June
2002
LawPulse
Page 282
The Illinois Supreme Court has limited the power of governments to acquire property and transfer it to private owners.

…and to secretary of state’s office

By Helen W. Gunnarsson
June
2002
LawPulse
Page 282
You can now file articles of incorporation by fax, with more soon to come.

The ABCs of the ADA

By Helen W. Gunnarsson
May
2002
LawPulse
Page 226
Every lawyer should know something about this far-reaching statute.

Proposed legislation would revamp Illinois child-support enforcement

By Helen W. Gunnarsson
May
2002
LawPulse
Page 226
HB 5140 would reduce the bureaucratic complexity of child-support enforcement by putting it in state's attorneys' hands.

Rule 213 changes take effect July 1

By Helen W. Gunnarsson
May
2002
LawPulse
Page 226
Litigators from both the plaintiffs' and defense bar like the amended rule's new three-class system for opinion witnesses: lay, independent expert, and controlled expert.

A sizzling Rice soup for public officials?

By Helen W. Gunnarsson
May
2002
LawPulse
Page 226
Public bodies violate the Open Meetings Act by acting on items that didn't appear on the agenda, the fourth district ruled recently in Rice v Board of Trustees.

Will “reform” drive lawyers out of bankruptcy practice?

By Helen W. Gunnarsson
May
2002
LawPulse
Page 226
Proposed requirements of debtors' lawyers in HR 333 could make petitioners' practice more trouble than it's worth.

An even brighter start for college savers

By Helen W. Gunnarsson
April
2002
LawPulse
Page 168
Beginning last January 1, section 529 college savings plans allow contributions to grow tax-free.

A new law makes tenancy by the entirety easier

By Helen W. Gunnarsson
April
2002
LawPulse
Page 168
Thanks to recent legislation, lawyers can create this under-appreciated form of ownership for their married clients without expressly stating in the deed that the parties are husband and wife.

No honor in “redskins,” says Native American bar group

By Helen W. Gunnarsson
April
2002
LawPulse
Page 168
"Redskins" is hate speech and not fit for use as a sports mascot, according to the Illinois Native American Bar Association.

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