Publications

Articles From 2002

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Repair or Repeal; Report of the Governor’s Commission on Capital Punishment

By Thomas P. Sullivan
June
2002
Article
Page 304
A summary by the commission co-chair of the most significant recommendations.

Reporting Your Partners and Associates to the ARDC

By Michael L. Shakman, Arthur W. Friedman, and Thomas M. Staunton
March
2002
Article
Page 143
What is a lawyer's Himmel obligation to report other lawyers in his or her firm?

Representing DUI Revoked or Suspended Drivers Before the Secretary of State

By Larry A. Davis
June
2002
Article
Page 292
A step-by-step guide to helping clients seek restoration of their driving privileges.

Representing Home Buyers in Post-Caveat-Emptor Illinois

By John O’Rourke
August
2002
Article
Page 421
The impact of seller-disclosure law on Illinois residential real-estate practice.

Responding to employees’ security fears

By Helen W. Gunnarsson
January
2002
LawPulse
Page 10
Post-September 11, it's more important than ever to respond appropriately to employee worries about safety in the workplace. But that doesn't mean acceding to unreasonable demands, a Chicago lawyer says.

Retailers’ occupation tax

January
2002
Illinois Law Update
Page 14
On October 1, 2001, the Illinois Department of Revenue (department) adopted amendments to section 130 of the Illinois Administrative Code. 86 Ill Adm Code 130.

Rule 213 changes take effect July 1

By Helen W. Gunnarsson
May
2002
LawPulse
Page 226
Litigators from both the plaintiffs' and defense bar like the amended rule's new three-class system for opinion witnesses: lay, independent expert, and controlled expert.

Section 2-28(3) of Illinois Juvenile Court Act, which gives parties immediate right to appeal permanency orders, violates separation of powers clause of Illinois Constitution

December
2002
Illinois Law Update
Page 634
On September 19, 2002, the Illinois Supreme Court held that the provisions of section 2-28(3) of the Juvenile Court Act, which gives parties an immediate right to appeal permanency orders.

Selecting and Framing the Issues on Appeal: A Powerful Persuasive Tool

By Marcia L. McCormick
April
2002
Article
Page 203
Issue-selection strategies for appellate lawyers.

Self-exclusion list implemented for individuals affected by problem gambling

September
2002
Illinois Law Update
Page 454
On June 14, 2002, the Illinois Gaming Board (board) adopted several new provisions to section 3000 of the Illinois Administrative Code. 86 Ill Adm Code 3000.

Sex Offender Registration Act does not require juvenile offenders to register

March
2002
Illinois Law Update
Page 120
On December 21, 2001, the Appellate Court of Illinois, Second District, reversed the trial court's decision requiring a juvenile to register as a sex offender.

Since there was no reliable evidence that an attorney could command his claimed market rate, it was proper to reduce both the attorney’s hourly rate and claimed hours

March
2002
Illinois Law Update
Page 120
On December 26, 2001, the seventh circuit affirmed the district court and held that the district court acted reasonably by first, reducing an attorney's hourly rate from the $310 claimed to $205.

Six-year statute of repose for legal malpractice claims begins to toll after last act of representation

October
2002
Illinois Law Update
Page 512
On August 1, 2002, the Appellate Court of Illinois, Third District, affirmed the decision of the circuit court for the 14th Judicial District, Mercer County, and concluded that the six-year statute of repose for legal malpractice claims, 735 ILCS 5/13-214.3(c).

A sizzling Rice soup for public officials?

By Helen W. Gunnarsson
May
2002
LawPulse
Page 226
Public bodies violate the Open Meetings Act by acting on items that didn't appear on the agenda, the fourth district ruled recently in Rice v Board of Trustees.

Solicitation for Charity Act not Unconstitutional

February
2002
Illinois Law Update
Page 66
On November 21, 2001, the Illinois Supreme Court reversed the appellate court and held that the Solicitation for Charity Act, 225 ILCS 460/0.01, is not unconstitutional.

Special security measures adopted at state facilities

August
2002
Illinois Law Update
Page 402
On May 17, 2002, the Department of Central Management Services (department) adopted amendments to section 5000 of the Illinois Administrative Code. 44 Ill Adm Code 5000.

Spoliation actions must be joined with suit from which spoliation claim arises to avoid dismissal under res judicata and collateral estoppel

November
2002
Illinois Law Update
Page 584
On August 23, 2002, the Appellate Court of Illinois, First District, concluded that the plaintiff's suit alleging spoliation of evidence was barred by the doctrines of res judicata and collateral estoppel.

State appellate court’s reversal of a judgment paid in bankruptcy is not grounds to reopen the chapter 13 proceedings after the plan is completed

July
2002
Illinois Law Update
Page 344
On May 15, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the District Court for the Northern District of Illinois, Eastern Division, and concluded that the district court did not err in denying debtor Zurn's request to reopen a chapter 13 plan under 11 USC § 350(b).

Statements about a willingness to cooperate were not part of plea negotiations because the defendant did not have a subjective expectation of negotiating a plea with police detective

May
2002
Illinois Law Update
Page 232
On February 6, 2002, the Appellate Court of Illinois, Fourth District, allowed the admission of defendant Beler's statements, over a vehement dissent by a fellow judge.

Stricter traffic penalties adopted

November
2002
Illinois Law Update
Page 584
On September 3, 2002, the Illinois Secretary of State's Office adopted amendments to the Vehicle Code imposing tougher penalties for a violation of the laws governing emergency vehicles and reporting of vehicle accidents.

Striking the Right Balance: New Supreme Court Rule 213

By Hon. Barbara A. McDonald
August
2002
Article
Page 406
While not perfect, the newly amended version of Rule 213 should require adequate disclosure while reducing hypertechnical motions.

Summary judgment precluded when question remained as to whether insurer breached good-faith duty to settle

February
2002
Illinois Law Update
Page 66
On November 21, 2001, the Illinois Supreme Court affirmed the appellate court's judgment that whether an auto liability insurer acted in bad faith by failing to settle a tort claim for the policy limits within the victim's unilaterally imposed deadline was a question that precluded summary judgment.

Summary judgment was proper where plaintiff was on notice that her injuries were likely “wrongfully caused” but did not file suit until after the statute of limitations expired

April
2002
Illinois Law Update
Page 176
On February 7, 2002, the Appellate Court of Illinois, First District, affirmed the decision of the trial court and held that summary judgment was properly entered in favor of the defendant since the two-year statute of limitations had expired.

The supreme court does a retake on quick-take

By Helen W. Gunnarsson
June
2002
LawPulse
Page 282
The Illinois Supreme Court has limited the power of governments to acquire property and transfer it to private owners.

Supreme Court Review 2001: Getting to Know the New Court

By Nancy T. Arnold, Tim Eaton, and Michael T. Reagan
May
2002
Article
Page 236
A look at the first year's output of the newly reconstituted supreme court.

Supreme Court Rule 23: The Terrain of the Debate and a Proposed Revision

By Michael T. Reagan
April
2002
Article
Page 180
Rule 23, which provides for unpublished—and nonprecedential—opinions, has been a source of tension between bench and bar. This article reviews the debate and offers suggestions for change.

The supremes say “no” to a taxpayer suit against Gov. Ryan

By Helen W. Gunnarsson
December
2002
LawPulse
Page 628
In Lyons v Ryan, the Illinois Supreme Court ruled that taxpayers lack standing to sue for damages caused by the licenses-for-bribes scheme because the attorney general alone has the authority to initiate litigation on behalf of the state.

Suspension, revocation, or cancellation of licenses

May
2002
Illinois Law Update
Page 232
On February 21, 2002, the Illinois Secretary of State adopted an emergency amendment to section 1040 of the Illinois Administrative Code. 92 Ill Adm Code 1040.

System awarding grants to school districts for construction projects modified

September
2002
Illinois Law Update
Page 454
On July 1, 2002, the Capital Development Board (board) adopted amendments to section 40 of the Illinois Administrative Code. 71 Ill Adm Code 40.

Take Pride in Your Profession

By Tim Eaton
June
2002
Column
Page 280
Justice Felix Frankfurter once said in receiving an award: "Gratitude is one of the least articulate emotions, especially when it is deep.

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