Publications

Articles From 1999

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Disclosure of one’s credit card debts to a spouse does not satisfy the publicity element essential to an invasion of privacy claim

March
1999
Illinois Law Update
Page 130
On January 4, 1999, the first district of the Illinois Appellate Court affirmed the holding of the Circuit Court of Cook County, finding that the plaintiff had not satisfied his invasion of privacy claim.

Distribution at Divorce of Personal Injury, Workers’ Compensation, and Disability Awards

By Debra DiMaggio and Cindy Huang
September
1999
Column
Page 494
The authors note that several Illinois courts have distributed awards for strictly personal damage (i.e., pain and suffering) disproportionately to the injured spouse on divorce even when the cause of action arose during marriage.

Domestic battery offender liable for child counseling ; P.A. 91-262

October
1999
Illinois Law Update
Page 521
Public Act 91-262 makes a domestic battery offender ``liable for the cost of any counseling required'' for a child under 18 years of age who ``was present and witnessed the domestic battery.''

Domestic battery penalties increased for prior domestic violence offenders ; P.A. 91-112

October
1999
Illinois Law Update
Page 521
Prior to Public Act 91-112, any first-time offense of domestic battery was a Class A misdemeanor, unless the offender previously violated an order of protection.

Don’t Be a Sitting Duck for In-Firm Theft

By Anne E. Thar
February
1999
Column
Page 105
Think the unthinkable; put safeguards in place to protect yourself from theft and embezzlement by employees and colleagues.

Driving car and thereby providing passenger with escape from a crime scene is insufficient to convict driver of the charge on a theory of accountability where the driver had no knowledge of the passenger’s intentions prior to the incident

July
1999
Illinois Law Update
Page 351
On May 20, 1999, the Illinois Supreme Court reversed the judgment of the appellate and circuit courts and found insufficient evidence to convict the defendant of aggravated discharge of a firearm (720 ILCS 24/5; 1.2(a) (West 1994)) under a theory of accountability (720 ILCS 5/5-2 (West 1994)).

Drug-Aided Crimes (``Date Rape” Drugs) — PA 90-735

March
1999
Illinois Law Update
Page 130
Sponsored by Senator Kirk W. Dillard, Public Act 90-735 makes it a battery to administer a controlled substance to a person without his or her consent, or by threat or deception, for non-medical purposes.

Dual Eligibles, Medicare, and Medicaid

By Lee Beneze and Robyn O’Neill
August
1999
Column
Page 434
You may have clients -- elderly or otherwise -- who are eligible to have Medicaid pay a portion of their Medicare costs but aren't taking advantage of the program.

A duty to mitigate damages may require more than simply maintaining employment

November
1999
Illinois Law Update
Page 575
On September 20, 1999, the Court of Appeals for the Seventh Circuit affirmed the district court's denial of back pay to Junerous Cook when the city of Chicago failed to abide by the terms of a consent decree.

Dynasty Trusts and the Rule Against Perpetuities

By Stephen M. Margolin and Mitchell D. Weinstein
March
1999
Article
Page 134
Dynasty trusts can be just the estate planning device your client needs, but take care not to run afoul of rule against perpetuities and the Internal Revenue Code.

Dynasty trusts, employee-discharge pointers, and more

By Stephen C. Buser
March
1999
Column
Page 123
For you estate planners, we offer an article by Messrs. Margolin and Weinstein on the interplay between dynasty trusts and that law-student's nightmare, the rule against perpetuities.

The E-mail FAQ

By Todd Flaming
June
1999
Column
Page 333
Can you catch a virus from an e-mail message? What's a listserver? Read on and find out.

Editor’s Note

By Stephen C. Buser
December
1999
Column
Page 627
Managed-care reform statute takes effect on 1/1/00.

Editor’s Note

By Stephen C. Buser
November
1999
Column
Page 567

Editor’s Note

By Stephen C. Buser
October
1999
Column
Page 511
Lincoln Award Contest; the Journal is the Winner

Editor’s Note

By Stephen C. Buser
September
1999
Column
Page 450
Grandparents have rights, too.

Electronic finger-imaging requirements for assistance program eligibility

December
1999
Illinois Law Update
Page 636
On October 15, 1999, the Illinois Department of Human Services adopted a new sub-section to section 117 of the Illinois Administrative Code. 89 Ill Adm Code 117. Section 117.92 .

Employer Violates Pregnancy Discrimination Act When It Bases Discharge of Pregnant Employee on the Presumption of Future Absenteeism

September
1999
Illinois Law Update
Page 460
On July 9, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the United States District Court for the Northern District of Illinois's determination that defendant/employer had violated the Pregnancy Discrimination Act, 42 USC §2000e(k).

Enforcement of Child Support

April
1999
Illinois Law Update
Page 190
On January 22, 1999, the Illinois Department of Public Aid adopted amendments to section 160. 89 Ill Adm Code 160.

Enforcing Judgments Against Property Held in Tenancy by the Entirety

By Ronald R. Peterson and David R. Seligman
April
1999
Article
Page 196
When and how can creditors attack married debtors' transfer of property from joint tenancy to tenancy by the entirety? A discussion of the murky law.

Environmental Remediation and Tax Credit

January
1999
Illinois Law Update
Page 13
On October 26, 1998 the Pollution Control Board adopted amendments to section 740 of its administrative rules. 35 Ill Adm Code 740.

The Environmental Remediation Tax Credit: A Primer

By Kathleen M. Hennessey
December
1999
Article
Page 666
This new -- and underused -- state program helps developers finance brownfield cleanups.

Exclusion of Damage-Reducing Evidence in Injury Litigation

By Roy C. Dripps
July
1999
Article
Page 368
Here's how to exclude evidence that would tend to lessen damages if admitted.

Explaining Yourself

By Benjamin Goldgar
January
1999
Column
Page 54
You don't need to write "persuasively''; simply explain and the persuasion will take care of itself.

Extension of child care assistance

November
1999
Illinois Law Update
Page 575
On August 20, 1999, the Illinois Department of Human Services adopted emergency amendments to section 50.230 of the Illinois Administrative Code. 89 Ill Adm Code 50.230.

Extension of standards to obtain immigrant status for assistance under several state programs

August
1999
Illinois Law Update
Page 406
On May 30, 1999, the Illinois Department of Human Services adopted amendments under sections 112, 113, and 114 of the Illinois Administrative Code. 89 Ill Adm Code 113-15.

Extension of treatment assistance for alcoholism and substance abuse

October
1999
Illinois Law Update
Page 521
On July 23, 1999, the Illinois Department of Human Services adopted emergency amendments to section 2090 of the Illinois Administrative Code. 77 Ill Adm Code 2090.

The Federal and Illinois Y2K Acts

By Jim Covington
October
1999
Column
Page 549
Whether Jan. 1, 2000, is apocalyptic or just another bump in the road, practitioners need to familiarize themselves with these two acts.

Finding and Citing Law in the Information Age

By Timothy L. Bertschy
March
1999
Column
Page 124
One of the fundamental tasks of a lawyer is to find the law and communicate that authority to others.

Five Steps to Improving Client Relations and Reducing Legal Malpractice Claims

By Anne E. Thar
August
1999
Column
Page 437
How not to get on your client's bad side — and the wrong side of a malpractice suit.

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