Publications

Articles From 2002

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The New Estate and Gift Tax Law: Estate-Planning Pointers

By Richard A. Campbell and Mary C. Talarico
February
2002
Article
Page 80
More than ever, estate planners need to provide as much flexibility as possible.

New guidelines adopted for school discipline

April
2002
Illinois Law Update
Page 176
On January 16, 2002, the State Board of Education (board) adopted amendments to section 1 of the Illinois Administrative Code. 23 Ill Adm Code 1.

New guidelines approved for released offenders

August
2002
Illinois Law Update
Page 402
On June 1, 2002, the Department of Corrections (department) adopted several new amendments to section 470 of the Illinois Administrative Code. 20 Ill Adm Code 470.

A New, Improved Rule 213?

By Helen W. Gunnarsson
February
2002
LawPulse
Page 62
Rule 213, introduced a few years ago to solve problems caused by old Rule 220, is causing problems of its own. The Supreme Court Rules Committee has proposed another fix for the rule governing admission of opinion testimony.

A new law makes tenancy by the entirety easier

By Helen W. Gunnarsson
April
2002
LawPulse
Page 168
Thanks to recent legislation, lawyers can create this under-appreciated form of ownership for their married clients without expressly stating in the deed that the parties are husband and wife.

New law will help trustees avoid Hobson’s Choice

By Helen W. Gunnarsson
September
2002
LawPulse
Page 448
SB 1697, now awaiting Gov. Ryan's signature, will make it easier for trustees of certain commonly used trusts to invest the principal so as to benefit both income and remainder beneficiaries.

New Legislation: Real-Estate Roundup

By Helen W. Gunnarsson
February
2002
LawPulse
Page 62
Real estate; they're not making any more of it. But that doesn't mean they aren't passing new real-estate-related laws.

New limits on attorney-client privilege for government lawyers and agency clients

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
The seventh circuit holds that when federal prosecutors seek information from an agency attorney as part of a criminal investigation, the agency lawyer must talk.

New Options at Divorce: Legislation Treats Stock Options as Marital Property

By Celia Guzaldo Gamrath
March
2002
Article
Page 139
A review of the new law governing the classification and division of stock options upon divorce.

New procedures adopted for payment of burial benefits

May
2002
Illinois Law Update
Page 232
On February 21, 2002, the Department of State Police (department) adopted three new provisions to section 1216 of the Illinois Administrative Code. 20 Ill Adm Code 1216.

New project for needy families implemented

February
2002
Illinois Law Update
Page 66
On November 1, 2001, the Department of Human Services (department) implemented a new program, the Employment Retention and Advancement Demonstration Project (project), in section 112 of the Illinois Administrative Code. 89 Ill Adm Code 112.

New regulations help taxpayers who lease automobiles

June
2002
Illinois Law Update
Page 288
On March 15, 2002, the Illinois Department of Revenue (department) adopted a new amendment to section 180 of Illinois Administrative Code.

New requirements for paying taxes electronically

April
2002
Illinois Law Update
Page 176
On January 24, 2002, the Illinois Department of Revenue (department) adopted new requirements to section 750 of the Illinois Administrative Code. 86 Ill Adm Code 750.

New review process created for foster parents

July
2002
Illinois Law Update
Page 344
On June 1, 2002, the Department of Children and Family Services (department) amended section 337 of the Illinois Administrative Code. 89 Ill Adm Code 337.

New right of access granted to criminal history

January
2002
Illinois Law Update
Page 14
On October 1, 2001, the Department of State Police (department) adopted four new provisions to section 1210 of the Illinois Administrative Code.

New rules for use of interpreters in retail transactions or negotiations P.A.92-0478

April
2002
Illinois Law Update
Page 176
New legislation amends the Consumer Fraud and Deceptive Business Practices Act concerning retail transactions conducted in a language other than English.

New standards implemented for teaching and administrative certification

July
2002
Illinois Law Update
Page 344
On April 22, 2002, the State Board of Education implemented new standards for teaching and administrative certification in sections 26, 27, and 29 of the Illinois Administrative Code. 23 Ill Adm Code 26; 23 Ill Adm Code 27; and 23 Ill Adm Code 29.

A new — and overdue — Uniform Partnership Act

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
Partnership will become an even more attractive form of business organization under the revised Act. But when will lawyers be able to form LLPs?

No honor in “redskins,” says Native American bar group

By Helen W. Gunnarsson
April
2002
LawPulse
Page 168
"Redskins" is hate speech and not fit for use as a sports mascot, according to the Illinois Native American Bar Association.

Nonprofit hospital and clinic conducted private sector-type operations and were operated privately, and therefore were not immune from suit under the Tort Immunity Act

April
2002
Illinois Law Update
Page 176
On February 7, 2002, the Illinois Supreme Court affirmed the appellate court holding that a nonprofit hospital and nonprofit clinic did not conduct "public business," and therefore, neither one was a "local public entity" under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-206.

Nonprofit hospitals not “public entities” under the Tort Immunity Act

By Helen W. Gunnarsson
April
2002
LawPulse
Page 168
According to a recent Illinois Supreme Court ruling, most nonprofit hospitals are not immune from liability under the Tort Immunity Act, and plaintiffs have two years, not one, to bring malpractice suits against them.

Nursing Mothers in the Workplace Act P.A. 92-0068

May
2002
Illinois Law Update
Page 232
Gov. Ryan recently approved legislation creating the Nursing Mothers in the Workplace Act.

Office of Inspector General internal review process

February
2002
Illinois Law Update
Page 66
On November 1, 2001, the Illinois Department of Children and Family Services (department) adopted a new part to section 430 of the Illinois Administrative Code. 89 Ill Adm Code 430.

Once sufficient evidence establishes the affirmative defense of invitation, the burden shifts to the state to disprove the affirmative defense beyond a reasonable doubt

April
2002
Illinois Law Update
Page 176
On January 10, 2002, the Appellate Court of Illinois, Fourth District, reversed the defendant's conviction for criminal trespass to real property under 720 ILCS 5/21-3(a).

Painting a Picture for the Jury: A Juror’s Perspective

By Shelley Rice Weinberg
August
2002
Column
Page 427
Like most lawyers called to jury duty, the author found the experience eye-opening.

Parental rights may be terminated if state proves that parent was incarcerated and would likely remain so for two years and there was little contact with or support of children

January
2002
Illinois Law Update
Page 14
The state moved to terminate a defendant's parental rights and to appoint a legal guardian with the power to consent to the adoption of two of the defendant's children.

Parents may be jailed for leaving child alone in a car P.A. 92-515

March
2002
Illinois Law Update
Page 120
Beginning June 1, 2002, parents may be subject to up to a year in jail or a $2,500 fine if they leave a child unattended in a car for an extended period of time.

Payment rules for medical equipment and supplies altered

January
2002
Illinois Law Update
Page 14
On October 8, 2001, the Department of Public Aid (department) adopted amendments to section 140 of the Illinois Administrative Code. 89 Ill Adm Code 140.

A Personal Guide to Mediation Training Programs

By Hon. Charles R. Winkler
November
2002
Article
Page 609
A program attendee reports on a pair of mediation training programs.

Perspectives on death-penalty reform

By Helen W. Gunnarsson
July
2002
LawPulse
Page 338
A prosecutor and criminal defense attorney react to the recommendations of Governor Ryan's Commission on Capital Punishment.

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