Publications

Articles From 1999

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New Work Requirements for Food Stamps

January
1999
Illinois Law Update
Page 13
On October 28, 1998 the Department of Human Services adopted amendments and added new sections to section 121. 89 Ill Adm Code 121.

Nonassignability Clauses in Commercial Leases: When is an Assignment Not an Assignment?

By John C. Murray
December
1999
Article
Page 658
This article discusses a Rule 23 opinion holding that a nonassignability clause in a lease does not prohibit the tenant's collateral assignment of its interest as security for a loan.

Nonconsensual disclosure of identifying information on a pornographic Internet site is a felony; P.A. 91-222

November
1999
Illinois Law Update
Page 575
Governor George Ryan recently signed four pieces of legislation that amend existing sex offense statutes to more forcefully combat an increased number of Internet-related sex offenses.

Nursing home’s reassignment of worker to different wing of nursing home to accommodate employee’s pregnancy restriction did not constitute voluntary undertaking for purposes of establishing a duty of care

December
1999
Illinois Law Update
Page 636
On September 30, 1999, the fourth district of the Illinois Appellate Court affirmed the trial court's grant of summary judgment to the defendants, Walker Nursing Home, finding that the defendants owed plaintiff, Javette Brown (an employee of the nursing home).

Offense of aggravated domestic battery created; P.A. 91-445

October
1999
Illinois Law Update
Page 521
Public Act 91-445 amends the Illinois Criminal Code of 1961, 720 ILCS 5/1-1 et seq., to create the offense of aggravated domestic battery.

Offense of indecent solicitation of a child is redefined ; P.A. 91-226

November
1999
Illinois Law Update
Page 575
Public Act 91-226 redefines the offense of indecent solicitation of a child to apply to additional incidents, including more Internet-related incidents.

Office Conflict: Are You Coach or Referee?

By Paul Sullivan
January
1999
Column
Page 55
Too many lawyer-supervisors run from personnel problems. Here's a better approach.

“On-call” time at home not considered ``work” for emergency medical technicians under the Fair Labor Standards Act

March
1999
Illinois Law Update
Page 130
On January 7, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the holding of the United States District Court finding that hours spent by emergency medical technicians (EMTs) "on-call'' was not considered performing work within the meaning of the Fair Labor Standards Act.

Opinion Witnesses and Disclosure Under “New” Supreme Court Rule 213

By Lara D. Kadlec
July
1999
Column
Page 381
Courts have become more reluctant than ever to let parties deviate from the strict disclosure standards of Rule 213.

Oral licensing agreement could be terminated at will, even prior to the 35-year period for those licenses under § 203 of the Copyright Act.

June
1999
Illinois Law Update
Page 304
On March 26, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the district court's holding that the plaintiff could terminate the oral licensing agreement entered into with the defendant at any time.

An Overview of the Juvenile Justice Reform Provisions of 1998

By Michele M. Jochner
March
1999
Article
Page 152
A review of important changes wrought by this sweeping new law.

An owner of record title of property, who has no legal or equitable interest in the property, has no right to redeem the property

March
1999
Illinois Law Update
Page 130
On December 31, 1998, the Illinois Supreme Court disagreed with the appellate court when it held that the owner of record title who has no legal or equitable interest has no right to redeem, but affirmed the appellate court on different grounds.

Parental permission required for body piercing a minor ; P.A. 91-412

December
1999
Illinois Law Update
Page 636
Under a new Illinois law, children under 18 wanting their body pierced are now required to first obtain their parent's consent.

Parking of vehicle with expired registration prohibited on public thoroughfare ; P.A. 91-487

December
1999
Illinois Law Update
Page 636
Public Act 91-487 creates 625 ILCS 5/11-1304.5, which prohibits parking a motor vehicle with an expired Illinois registration on a public thoroughfare.

Part-Time Police Officers “Employed” by a Unit of Local Government

May
1999
Illinois Law Update
Page 244
On March 3, 1999, the Attorney General published an opinion on two issues: (1) whether the use of the terms "employment'' and "employed'' in the definitions of the phrases.

Penalties enhanced for unlawful discharge or sale of firearms near schools; PA 91-12

August
1999
Illinois Law Update
Page 406
According to 720 ILCS 5/24-1.2, "aggravated discharge of a firearm'' is, inter alia, firing a gun at a person, or into a building or vehicle when the shooter knows it is occupied.

Placement of Downs Syndrome child in program limited to handicapped children or in an “at risk” program did not constitute free appropriate public education under the Individuals with Disabilities Education Act (IDEA).

October
1999
Illinois Law Update
Page 521
On July 29, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the judgment of the lower court that placement of a Downs Syndrome child in a program limited to handicapped children or in a program for "at risk" children did not constitute a free appropriate education.

Plain English as a Second Language: Will It Become Second Nature at the SEC?

By Carla E. Laszewski
October
1999
Article
Page 536
An explanation of the SEC's plain English disclosure rules and why the agency advocates their use.

Plaintiff must show physical contact or threat of physical contact to recover for intentional infliction of emotional distress under the Federal Employers’ Liability Act

August
1999
Illinois Law Update
Page 406
On June 17, 1999, the Illinois Supreme Court affirmed the appellate court decision that a plaintiff must plead and prove physical contact or a threat of physical contact to recover for intentional infliction of emotional distress under the Federal Employers' Liability Act (FELA).

Plaintiff’s state-court breach of implied contract, abuse of governmental power claims were identical to dismissed federal § 1983 claim and thus barred by res judicata doctrine.

February
1999
Illinois Law Update
Page 73
On November 19, 1998, the Illinois Supreme Court affirmed in part the appellate court's dismissal of plaintiff, River Park, Inc.'s, claim for tortious interference with business expectancy.

Police questioning of a suspect leading to a subsequent arrest for DUI falls within the scope of the police community caretaking functions

November
1999
Illinois Law Update
Page 575
On September 1, 1999, the third district of the Illinois Appellate Court reversed the trial court's decision to rescind the statutory summary suspension of the defendant's driver's license after the defendant was arrested for DUI.

Politically Correct Speech: A Call for Common Sense

By Maureen B. Collins
April
1999
Column
Page 223
When does a word mean what it means rather than what people hear it to mean?

Politically Correct Speech: Readers Respond

By Maureen B. Collins
June
1999
Column
Page 335
Professor Collins touched a nerve with last month's column. Here are some of your responses and her reactions to them.

A Practical Guide to Illinois’ New QILDRO Law

By Ronda D. Taylor Glenn and Michelle R. Mosby-Scott
July
1999
Article
Page 354
The QILDRO law, which provides for dividing state and local public pensions at divorce, took effect July 1. Here's the lowdown.

Pre-qualification of Architects and Engineers

February
1999
Illinois Law Update
Page 73
On November 9, 1998, the Capital Development Board adopted an amendment to section 980 of its administrative rules. 44 Ill Adm Code 980.

Probate and Estate Planning Update for General Practitioners

By Donald A. LoBue
October
1999
Column
Page 544
An overview of selected recent changes in estate planning law.

Product Liability and Embedded Microprocessors: The Other Y2K Problem

By Richard J. Rettberg and Kristin Dvorsky Tauras
December
1999
Article
Page 648
Microprocessors are everywhere, not just in devices we normally think of as computers. Here's how Y2K might affect products containing embedded microprocessors and how litigators can respond.

Providing certain minors with access to firearms is a misdemeanor; PA 91-18

August
1999
Illinois Law Update
Page 406
PA 91-18 will penalize a person who knowingly leaves a firearm where a minor under 14 years of age can access it if the minor later causes death or serious bodily harm with it.

Provisions for Reading Improvement Program

September
1999
Illinois Law Update
Page 460
On June 2, 1999, the Illinois Department of Education adopted new amendments to section 260 of the Illinois Administrative Code. 23 Ill Adm Code 260.

Public Act 89-21, the 1996 State Budget Implementation Act, Does Not Violate the Single Subject Requirement of the Illinois Constitution

September
1999
Illinois Law Update
Page 460
On July 1, 1999, the Illinois Supreme Court reversed a lower court decision that found that Public Act 89-21 violated the single subject requirement of the Illinois Constitution.

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