Publications

Articles From 2001

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A Preview of the Year Ahead

By Tim Eaton
August
2001
Column
Page 392
My theme this year; in the 125th year of the ISBA; is Take Pride in Your Profession

Prisoners’ grievances

October
2001
Illinois Law Update
Page 516
Effective September 1, 2001, the Illinois Department of Corrections (department) adopted amendments to section 504 of the Illinois Administrative Code. 20 Ill Adm Code 504.

Proper computation of average weekly wage for seasonal construction worker does not penalize for days not worked due to conditions beyond his control

September
2001
Illinois Law Update
Page 454
On July 19, 2001, the Illinois Supreme Court affirmed the lower court's interpretation of the Workers' Compensation Act provision on wage computation. 820 ILCS 305/10.

Property Owners and the Statute of Repose for Design and Construction Defects

By Thomas J. Bamonte and Edward C. Snow
November
2001
Article
Page 586
Illinois courts are divided about whether property owners should get the full protection of the statute.

Property tax relief and pharmaceutical assistance

February
2001
Illinois Law Update
Page 60
On November 20, 2000, the Illinois Department of Revenue (department) adopted amendments to section 530 of the Illinois Administrative Code. 86 Ill Adm Code 530.

Proponent of “novel scientific evidence” must demonstrate that the scientist’s methods are generally accepted in the profession and reliable before court may admit the evidence

December
2001
Illinois Law Update
Page 624
On September 12, 2001, the Appellate Court of Illinois, Third District, held that before the trial court can admit "novel scientific testimony," the proponent of the evidence must prove the reliability and general acceptability of the scientist's methods.

Proposed amendment to the Illinois Human Rights Act would prohibit discrimination based on sexual orientation; H.B. 101

April
2001
Illinois Law Update
Page 170
State Representative Larry McKeon (D-Chicago) has introduced a bill that would make discrimination based on sexual orientation illegal in Illinois.

Proposed legislation attempts to curb racial profiling in traffic stops; H.B. 805

April
2001
Illinois Law Update
Page 170
Under legislation proposed by State Representative Jay Hoffman (D-Collinsville), police officers would have to record the race of every driver stopped or ticketed.

Proposed legislation would toughen penalties for hate crimes; H.B. 0136

May
2001
Illinois Law Update
Page 230
The Illinois House of Representatives has approved legislation that would toughen the state's stance against hate crimes.

A prosecutor’s closing argument which refers to defendant’s failure to testify and tries to shift the burden of proof justifies reversal where evidence of guilt is not overwhelming

January
2001
Illinois Law Update
Page 14
On October 31, 2000, the first district of the Appellate Court of Illinois reversed the defendant's conviction for armed robbery on his claim that he was denied his right to a fair trial as a result of improper prosecutorial remarks during closing arguments.

Protection from public hazards in litigation proposal ; H.B. 0075

March
2001
Illinois Law Update
Page 116
If approved by the General Assembly, a new legislative proposal would help protect Illinois citizens from agreements or judgments that attempt to conceal public hazards.

Proximate Cause in Environmental Contamination Cases

By Christopher P. Perzan
August
2001
Article
Page 416
The author discusses the implications of adding a proximate-cause element to state Superfund cases under the IEPA.

A Punctuation Primer

By Maureen B. Collins
August
2001
Column
Page 433
It isn't too late to learn the all-but-lost art of proper punctuation.

Real-Estate Resources on the Internet for Illinois Lawyers

By Adria P. Olmi
September
2001
Column
Page 495
A compendium of Web-based resources, many of them free, of special interest to real-estate practitioners.

Refugee/Repatriate Program

September
2001
Illinois Law Update
Page 454
On July 2, 2001, the Illinois Department of Human Services (department) adopted amendments to section 115 of the Illinois Administrative Code. 89 Ill Adm Code 115.

Reporting Elder Abuse: Not a Requirement but an Option for Lawyers

By Lee Beneze
February
2001
Article
Page 93
Lawyers aren't required to report elder abuse, but they enjoy statutory protection if they do.

Reporting releases of livestock waste

January
2001
Illinois Law Update
Page 14
On October 6, 2000, the Illinois Environmental Protection Agency adopted amendments to section 580 of the Illinois Administrative Code. 35 Ill Adm Code 580.

Reporting unusual incidents

August
2001
Illinois Law Update
Page 398
On June 15, 2001, the Illinois Department of Children and Family Services (department) adopted amendments to section 331 of the Illinois Administrative Code. 89 Ill Adm Code 331.

Requests to Admit; What Are “Ultimate Facts” and “Legal Conclusions”?

By Lora D. Kadlec
February
2001
Article
Page 95
Distinguishing between "ultimate facts" and "legal conclusions" for requests to admit remains a difficult but important job.

Required ignition interlock devices for repeat DUI offenders; S.B. 823

August
2001
Illinois Law Update
Page 398
Senate Bill 823 would increase penalties for repeat drunk driving offenders, including mandating the use of ignition interlock devices on vehicles owned by individuals convicted of a second or subsequent DUI violation.

Retained Experts’ Opinions in Medical Malpractice Cases

By Terrence J. Lavin
January
2001
Article
Page 39
Rule 213 pointers for med-mal lawyers.

A Review of Recent Uninsured/Underinsured Motorist Cases

By Joseph P. Shannon and Jennifer O’Reilly Shelly
June
2001
Article
Page 290
A survey of recent appellate cases reveals trends in UM/UIM law.

Rule 213(g): The “Solution” to Rule 220 Creates New Problems

By Hon. Barbara A. McDonald
February
2001
Article
Page 80
Last month's IBJ focused on the practical implications of Rule 213(g); this month's article undertakes a thorough analysis and offers recommendations for improvement.

Same-Sex Adoptions and the Best Interest of Children

By Chris S. Haaff
January
2001
Article
Page 28
The developing law firm in Illinois governing adoption by gay couples.

School district immune from suit when exercising policymaking decisions under Tort Immunity Act

December
2001
Illinois Law Update
Page 624
On October 18, 2001, the Illinois Supreme Court reversed the appellate court, holding that a school district enjoys immunity under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/2-201, when a principal's actions fall under the policymaking provisions of the Act.

School district not obligated under the IDEA to reimburse for student’s placement

March
2001
Illinois Law Update
Page 116
On January 12, 2001, the seventh circuit held that the defendant was not obligated under the Individuals with Disabilities Education Act ("IDEA") to reimburse the plaintiff for her costs in placing her son, Dale M., in a private school.

The Season for Giving

By Tim Eaton
December
2001
Column
Page 618
Tis the Season for giving and lawyers will once again give generously of both their time and money to worthwhile causes. We have a proud tradition of responding to the spirit of this season.

Secretary of state may deny driver’s license to minors charged in connection with serious auto accidents; H.B. 2161

August
2001
Illinois Law Update
Page 398
Under House Bill 2161, a person under the age of 18 charged with a violation of the Illinois Vehicle Code or Criminal Code of 1961 arising out of a serious auto accident may be denied a driver's license.

Section 1(D)(p) of the Adoption Act is not unconstitutional; review of substantive due process claims under section 1(D)(p) requires strict scrutiny, not rational relation scrutiny

May
2001
Illinois Law Update
Page 230
On March 2, 2001, the Illinois Supreme Court reversed the circuit court's holding that section 1(D)(p) of the Adoption Act was facially unconstitutional.

Section 2-109 of the Code of Civil Procedure does not violate the special legislation or equal protection clauses of the Illinois Constitution

June
2001
Illinois Law Update
Page 286
On April 19, 2001, the Illinois Supreme Court reversed the circuit court's holding that § 2-109 of the Code of Civil Procedure violated the special legislation clause, Ill Const Art IV, § 13, and the right to equal protection, Ill Const Art I, § 2, guaranteed by the Illinois Constitution.

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