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Illinois Bar Journal

 

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Articles on Law Pulse

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.
Are statewide, standardized court forms coming to Illinois? By Adam W. Lasker December 2012 LawPulse, Page 626 Illinois is one of only two states without court-approved standardized forms for pro se litigants and others to use. That might be about to change.
Federal court: illegal alien’s recovery limited to foreign earning potential By Adam W. Lasker December 2012 LawPulse, Page 626 An undocumented alien can sue his former employer, but his recovery for future earnings is limited to what he could make outside of the U.S., an Illinois-based federal court ruled.
Governmental tort immunity for ice and snow on recreational property By Adam W. Lasker December 2012 LawPulse, Page 626 Plaintiffs can't recover from a local government for injuries caused when they slip on snow and ice on recreational property, the Illinois Supreme Court ruled recently.
Illinois high court recognizes ‘intrusion upon seclusion’ By Adam W. Lasker December 2012 LawPulse, Page 626 Lawyers who advise employers should especially take note of the intrusion tort's implications for snooping into current and former employees' private affairs.
Debate continues over controversial mechanics lien bill By Adam W. Lasker November 2012 LawPulse, Page 574 An attempt to legislatively overturn a recent supreme court ruling is pitting developers against bankers over whose claims have priority in foreclosure sales.
Joint parenting agreement allows mother to remove children to California By Adam W. Lasker November 2012 LawPulse, Page 574 The Illinois Supreme Court held that a divorced mother could remove her children to California over the ex-husband's objection because their joint parenting agreement expressly allowed it.
Railroads owe no duty of care to children who climb on moving trains By Adam W. Lasker November 2012 LawPulse, Page 574 The supreme court rules that moving freight trains pose an open and obvious danger to child trespassers.
Supreme court: decedent can’t use spendthrift trust to back out on gift By Adam W. Lasker November 2012 LawPulse, Page 574 The ruling barred a decedent from using a spendthrift trust to effectively revoke his irrevocable gift to Rush Medical Center. Leading ISBA lawyers think it's time for the legislature to clarify Illinois trust laws.
High court: unpaid property tax not a bar to running for municipal office By Adam W. Lasker October 2012 LawPulse, Page 514 The Illinois Supreme Court limited the reach of the candidate-qualifications statute to make it harder to remove candidates from the ballot for "indebtedness to the municipality."