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Articles From 2001

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2000 Illinois Supreme Court Criminal Survey: Guilty-Plea Appeals Redux By James R. Reddy April 2001 Article, Page 190 The court reviewed a remarkable 45 death-penalty cases and cleared up confusion about guilty-plea appeals.
91st General Assembly passes, governor signs “quick fix” to sentence-enhancing deficiencies; P.A. 91-0953 April 2001 Illinois Law Update, Page 170 Citing a recent Supreme Court opinion, Illinois criminal defendants have successfully argued for a reduction in court-imposed sentences where the length of sentence was based on certain factors not proven during their trial.
92nd General Assembly underway March 2001 Illinois Law Update, Page 116 Although Democrats maintained their slight majority in the Illinois House while Republicans held their slim lead in the Senate, political onlookers are likely to notice at least one change from 2000; this spring's legislative session promises to be much busier than last.
The ADA does not automatically exclude those who use a mitigating device to combat the effects of their impairment from being disabled within the meaning of the ADA January 2001 Illinois Law Update, Page 14 On November 8, 2000, the seventh circuit court of appeals reversed the district court's grant of summary judgment to the defendant, Sears, Roebuck & Co., on the EEOC's claim under the Americans with Disabilities Act (ADA).
Administrative Adjudication Offers First-Class Justice By James M. Reilly March 2001 Article, Page 147 Municipal administrative adjudication works, says the director of Chicago's Department of Administrative Hearings.
Administrative appeals of indicated findings of child abuse or neglect May 2001 Illinois Law Update, Page 230 On February 23, 2001, the Illinois Department of Children and Family Services (department) adopted an amendment to section 336 of the Illinois Administrative Code. 89 Ill Adm Code 336.
Advanced Practice Nurses and Diagnosis and Prescription: Illinois’ New Legal Landscape By Saul J. Morse and Robert John Kane June 2001 Article, Page 308 A new law grants advanced practice nurses express authority to diagnose illness and prescribe medicine.
Aggravated DUI may be expanded; S.B. 0020 March 2001 Illinois Law Update, Page 116 Under Senate Bill 20, persons driving under the influence in school speed zones would be guilty of aggravated DUI.
Aliens, Guilty Pleas, and the Risk of Deportation: Time for Legislative Action By Moira K. Moran and Patrick M. Kinnally April 2001 Article, Page 194 The authors recommend that the General Assembly require judges to admonish noncitizen defendants that they could be deported if they plead guilty.
All reasonable attorney fees incurred in collection of back-due child support must be awarded when a finding is made that the failure to pay had no compelling cause or justification October 2001 Illinois Law Update, Page 516 On August 17, 2001, the Appellate Court of Illinois, Second District, vacated the trial court's order and ordered the respondent to pay petitioner's reasonable attorney fees and costs.
Allowing Child Victims’ Hearsay under Section 115-10: A Critical Analysis By Hon. Robert W. Cook and William Siebers November 2001 Article, Page 582 A critical look at the statute from a justice of the fourth district appellate court.
Alternative income apportionment August 2001 Illinois Law Update, Page 398 On May 25, 2001, the Illinois Department of Revenue (department) adopted amendments to section 100 of the Illinois Administrative Code.
Analytical framework announced in Kolstad v American Dental Association must govern determination of punitive damages under Title VII April 2001 Illinois Law Update, Page 170 On February 2, 2001, the seventh circuit held that the district court failed to properly analyze an employee's request for reinstatement to his job, and erred in its analysis of the employee's claim for punitive damages.
Annexation agreement between village and landowner takes precedence over another municipality’s ability to regulate land use within 1.5 miles of its boundaries July 2001 Illinois Law Update, Page 342 On April 13, 2001, the Appellate Court of Illinois, Fourth District, affirmed the circuit court's holding that the village of Chatham's annexation agreement took precedence over the city of Springfield's ability to regulate land use pursuant to 65 ILCS 5/11-12-5.
Appendix April 2001 Column, Page 209 (U) decided without dissent
Apprendi and Extended-Term Sentencing: When Must the Jury Decide? By David Stevens October 2001 Article, Page 520 A review of the latest Illinois cases, with a focus on consecutive sentences and retroactive application.
The Attorney-Client Privilege in Director and Shareholder Litigation By Frederick R. Ball October 2001 Article, Page 537 A look at when courts are willing to pierce the attorney-client privilege in director and shareholder litigation.
Attorney-client privilege waived when police reports, containing allegedly privileged statements, were given to testifying expert witnesses; Apprendi concerns are not implicated by court’s imposition of consecutive sentences August 2001 Illinois Law Update, Page 398 On June 1, 2001, the Illinois Supreme Court affirmed defendant Michael Wagener's convictions. Wagener appealed his convictions for murder and concealment of homicidal death on two grounds.
Benefits extended to non-union employees January 2001 Illinois Law Update, Page 14 On October 27, 2000, the Illinois Department of Central Management Services adopted new amendments to section 303 of the Illinois Administrative Code. 80 Ill Adm Code 303.
Bill would revoke driving privileges after prison term for reckless homicide; S.B. 602 July 2001 Illinois Law Update, Page 342 The General Assembly has approved legislation that would temporarily revoke the driver's licenses of individuals who are convicted of reckless homicide.
A Buyer’s Obligation to Give Notice of a Defective Product in Illinois By Lisa Macrito January 2001 Article, Page 34 What constitutes sufficient notice under Illinois' version of the UCC? This article reviews three important cases.
Cellular-Phone Searches: New Technology Meets the Fourth Amendment By Stacey McDermott Shonkwiler October 2001 Article, Page 530 The author reviews a recent Illinois Appellate Court case upholding a search of numbers stored in the defendant's cell phone.
Challenging Blood Tests in DUI Prosecutions By Hon. Sheldon A. Harris August 2001 Article, Page 425 A step-by-step guide for the defense.
Child labor in the entertainment industry February 2001 Illinois Law Update, Page 60 On November 20, 2000, the Illinois Department of Labor enacted an emergency amendment to section 250 of the Illinois Administrative Code. 56 Ill Adm Code 250.
Child-witness exception to right to confrontation at trial does not include denial of ability to observe the witness January 2001 Illinois Law Update, Page 14 On November 22, 2000, the Supreme Court of Illinois affirmed the appellate court's finding that a defendant was denied his constitutional right to confrontation during his trial when the trial court allowed the use of podiums to prevent a child witness and the defendant from seeing each other as the witness testified about an alleged sexual attack.
Claim brought pursuant to the Nursing Home Care Act need not comply with § 2-622 of the Code of Civil Procedure requiring a physician’s affidavit verifying the claim December 2001 Illinois Law Update, Page 624 On September 26, 2001, the appellate court, fourth district, answered the certified question of whether the plaintiff's negligence claim brought pursuant to the Nursing Home Care Act (Act), 210 ILCS 45/3-601.
Claim of intrinsic fraud insufficient to set aside foreign judgment May 2001 Illinois Law Update, Page 230 On March 14, 2001, the Appellate Court of Illinois, First District, affirmed the lower court's refusal to set aside judgment rendered against the plaintiff in Kansas and registered in Illinois under the Illinois version of the Uniform Enforcement of Foreign Judgment Act (Act) (735 ILCS 5/12-640 et seq. (West 1998)).
Closed-Circuit Television and Defendants’ Rights in Criminal Courtrooms By Carrie Marche and Jennifer Aiton September 2001 Article, Page 487 The new technology saves money, but does it undermine defendants' constitutional rights?
Closing Pandora’s Box for Workers’ Comp Lawyers By Karen J. Dilibert August 2001 Column, Page 435 The recently issued Keef decision seems to open a Pandora's Box of malpractice plagues for workers' comp attorneys. Or does it?
Communicating Condolences By Maureen B. Collins November 2001 Column, Page 601 Aching to "do something"? Every small act of courtesy and civility helps in the wake of September 11.