Publications

Articles From 2000

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Reports of child abuse and neglect

January
2000
Illinois Law Update
Page 16
On November 15, 1999, the Department of Children and Family Services adopted amendments to section 300 of the Illinois Administrative Code. 89 Ill Adm Code 300

The Res Judicata Doctrine Under Illinois and Federal Law

By Barbara Andersen Gimbel
July
2000
Article
Page 404
A step-by-step review of the res judicata doctrine and its development and application under the common law.

Researching Illinois Workers’ Compensation Law

By James E. Duggan
May
2000
Column
Page 291
Here's a compendium of resources for Illinois workers' comp lawyers.

A retaliatory discharge complaint can be sustained even if the discharged employee has not filed a complaint with a public authority

January
2000
Illinois Law Update
Page 16
The plaintiff, Doris Lanning, was employed by the defendant, Morris Mobile Meals, Inc., to deliver meals to customers’ homes.

S.A.N.E. Program

April
2000
Illinois Law Update
Page 196
On January 7, 2000, the Illinois Criminal Justice Information Authority ("Authority") adopted emergency amendments to the Illinois Administrative Code. 20 Ill Adm Code 1560.

School Based and School Linked Clinic Programs

March
2000
Illinois Law Update
Page 128
On December 1, 1999, the Illinois State Department of Public Aid adopted amendments to section 140 of the Illinois Administrative Code. 89 Ill Adm Code 140.

School Construction Program

July
2000
Illinois Law Update
Page 380
On March 17, 2000, the Illinois State Board of Education adopted new sections and amendments to section 151 of the Illinois Administrative Code. 23 Ill Adm Code 151.

School Construction Program

June
2000
Illinois Law Update
Page 310
On March 17, 2000, the Illinois State Board of Education amended and adopted new sections to section 151 of the Illinois Administrative Code. 23 Ill Adm Code 151.

Schools’ Liability for Student-on-Student Sexual Harassment Under Title IX

By James W. Hulbert and Linda C. Kramer
February
2000
Article
Page 88
A review of the impact — especially in Illinois — of the U.S. Supreme Court’s recent Davis v Monroe County School Board ruling.

Seasons Greetings:

By Herb Franks
December
2000
Column
Page 680
  There is a destiny that makes us brothers, none goes this way alone 
All that we send into the lives of others comes back into our own
—Anon.

Senior Legal Assistance Services: A Well-Kept Secret

By Lee Beneze
July
2000
Article
Page 411
Too few attorneys know about Illinois' federally funded senior legal assistance services program.

Separate detention facilities for female sexually violent offenders

February
2000
Illinois Law Update
Page 68
On November 10, 1999, the Illinois Department of Human Services adopted amendments to section 299 of the Illinois Administrative Code. 59 Ill Adm Code 299.

Sex offender registration

October
2000
Illinois Law Update
Page 563
On June 19, 2000, the Illinois Department of State Police (department) adopted amendments and a new section to section 1280 of the Illinois Administrative Code. 20 Ill Adm Code 1280.

Sexual assault evidence may be released by health officials in new circumstances; P.A. 91-888

October
2000
Illinois Law Update
Page 563
Under a new Illinois law, sexual assault evidence collection kits may be released in an increased number of situations to facilitate prosecutions of alleged offenders.

Sexual harassment claim as defined under Title VII requires allegation of sex discrimination

July
2000
Illinois Law Update
Page 380
On May 1, 2000, the seventh circuit court of appeals held that the plaintiffs' allegation of sexual harassment by their supervisor failed to state a cause of action under Title VII because the plaintiffs failed to show that the harassment occurred because of sex discrimination.

Sexually Violent Persons Commitment Act amended; P.A. 91-875

October
2000
Illinois Law Update
Page 563
The number of persons considered "sexually violent" may increase as a result of recent changes to the Sexually Violent Persons Commitment Act.

Siderail Use and Legal Liability in Illinois Nursing Homes

By June A. Braun and Elizabeth Capezuti
June
2000
Article
Page 324
The authors argue that routine use of bed siderails is neither good for patients nor effective defensive medicine.

The “sole intent” standard is used to determine whether a conveyance of property to tenancy by the entirety to avoid payment of judgment to creditors was a fraudulent conveyance

April
2000
Illinois Law Update
Page 196
In May 1995, plaintiff, Premier Property Management, Inc., sued Chavez in a separate lawsuit. In July 1996, Chavez conveyed his interest as sole owner of his home to himself and his wife as tenants by the entirety.

Sound amplification statute found unconstitutional

January
2000
Illinois Law Update
Page 16
On November 18, 1999, the Illinois Supreme Court affirmed the appellate court s finding that the sound amplification statute, known as section 12-611 of the Illinois Vehicle Code (625 ILCS 5/12-611 (West 1999)), is an unconstitutional restriction on free speech.

Spouse’s obligation to provide maintenance support ends on the date of the terminating event rather than the date the petition is filed

August
2000
Illinois Law Update
Page 438
On June 13, 2000, the Second District of the Appellate Court of Illinois reversed the trial court's determination that the proper date for terminating a wife's maintenance awards was the date when the petition to terminate spousal support was filed.

State treasurer may create a college savings pool that involves financial institutions ; P.A. 91-607

January
2000
Illinois Law Update
Page 16
Public Act 91-607 creates a state-administered “College Savings Pool” that provides federal tax benefits to participants.

States as Defendants in Employment Litigation: Beyond Alden v Maine

By James P. Hanlon and James J. Powers
May
2000
Article
Page 280
The authors discuss how Alden—which holds that Congress can't subject states to private suits for money damages in state court—may affect future employment ligitation.

States may not be sued under ADA in private action in federal court

June
2000
Illinois Law Update
Page 310
On March 27, 2000, a divided panel of the seventh circuit court of appeals held that a university employee could not maintain a private cause of action against her state employer to enforce the Americans with Disabilities Act, 42 USC § 12111-12117 (ADA).

Statute of limitations bars claim filed 22 years after alleged sexual abuse

October
2000
Illinois Law Update
Page 563
On August 10, 2000, the Illinois Supreme Court held that the statute of limitations for a claim brought by a former parishioner against a parish priest began to run when the parishioner reached age of majority, and that the parishioner was not under a legal disability sufficient to toll the statute of limitations.

Statute permitting medical records to be given to law enforcement officials investigating motor vehicle accident deemed constitutional

September
2000
Illinois Law Update
Page 500
On July 6, 2000, the Supreme Court of Illinois reversed the circuit court's finding that section 11-501.4-1 ("the section") of the Illinois Motor Vehicle Code is unconstitutional and violated the defendant's right to privacy of his medical records.

Suing Out-of-State Defendants in Illinois: Minimum Contacts after TCA, Ruprecht and Chalek

By Edward S. Margolis
August
2000
Article
Page 458
An analysis of recent cases that may affect the right to enforce business contracts in Illinois.

Summary Suspension Hearings: Shifting the Burden of Proof to the State

By J. Brick Van Der Snick
March
2000
Article
Page 156
How to establish a prima facie case in a DUI rescission hearing and thus oblige the state to justify the suspension.

Supreme court rejects “same part of the body rule” and holds that defendants must present evidence establishing relevance of plaintiff’s prior injury

September
2000
Illinois Law Update
Page 500
On July 6, 2000, the Illinois Supreme Court affirmed the appellate court's ruling that a defendant who wishes to introduce evidence of a prior injury, whether or not the injury is to the same body part, must introduce evidence establishing the prior injury's relevance.

The supreme court review — ’99 edition

By Stephen C. Buser
April
2000
Column
Page 187
The supreme court review — '99 edition

Supreme Court Rule 219(e) does not confer on circuit courts the authority to deny pretrial motions for voluntary dismissal that meet the requirements of section 2-1009(a) of the Code of Civil Procedure

June
2000
Illinois Law Update
Page 310
Ronald Morrison brought a medical malpractice action against C. G. Wagner, a radiologist; Michael Feely, a neurosurgeon; and St. Mary's Hospital.

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