Publications

Articles From 2004

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2003 Illinois Supreme Court Civil Cases: Fees and Family Law, “No” to Immunity, and More

By Nancy J. Arnold and Tim Eaton
April
2004
Article
Page 180
A look at last year's leading supreme court civil cases.

2003 Illinois Supreme Court Criminal Cases: Traffic Stops and Apprendi Retroactivity

By Evelyn G. Baniewicz
April
2004
Article
Page 190
A look at the leading criminal law decisions from the 2003 term

The 2004 Allerton House Conference: Balancing Economy, Efficiency, and Fairness

By Jeffrey A. Parness
November
2004
Article
Page 590
This year's conference addressed court funding, litigation expenses, settlement talks, and more.

2004 Spring Session Roundup

By Jim Covington
August
2004
Column
Page 402
A look at selected legislation passed in 2004 and awaiting the Governor's signature.

Accepting fee payments by credit card; priceless?

By Helen W. Gunnarsson
May
2004
LawPulse
Page 236
Charging interest on late accounts and accepting fee payments by credit card are a carrot-and-stick approach to getting paid on time.

Additional disclosures required of mobile home park owners P.A. 093-1043

December
2004
Illinois Law Update
Page 620
Effective June 1, 2005, certain written disclosures are required of mobile home park owners in connection with every lease or sale, and upon renewal of a lease of a mobile home or lot in a mobile home park.

Additional eligibility and benefits for women in the Illinois Healthy Women Program

October
2004
Illinois Law Update
Page 514
The Illinois Department of Public Aid recently adopted amendments to 89 Ill Adm Code 120.540 and 140.486.

Ademption preemption

By Helen W. Gunnarsson
December
2004
LawPulse
Page 614
Remember the ademption doctrine from your Wills and Estates class? No? Read on.

Administrative order of the Department of Public Aid, establishing a lien on a joint account for collection of past-due child support, was against the manifest weight of documentary and testimonial evidence

April
2004
Illinois Law Update
Page 176
On January 21, 2004, the Appellate Court of Illinois, Second District, affirmed the judgment of the Circuit Court of Winnebago County, reversing an administrative order of the Illinois Department of Public Aid as against the manifest weight of the evidence.

Administrative Review Act creates a right to amend a complaint in specific circumstances

November
2004
Illinois Law Update
Page 568
On August 4, 2004, the Illinois Appellate Court, Second District, reversed the Circuit Court of DuPage County's dismissal of the plaintiff's complaint. 

Adult Literacy Grant Program Modified

March
2004
Illinois Law Update
Page 124
The Secretary of State's office adopted amendments to 23 Ill. Adm. Code 3040, calling for significant changes to the Adult Literacy Grant Program. 

Aggravated battery cannot be the predicate offense for felony murder.

January
2004
Illinois Law Update
Page 16
On October 17, 2003, the Illinois Supreme Court reversed in part, affirmed in part, and remanded the appellate court's decision to overturn the defendant's conviction of felony murder because it was improperly predicated upon aggravated battery.

All civil rights claims, whether based on federal or state law, shall be prosecuted in an administrative forum, as required by the Illinois Human Rights Act

July
2004
Illinois Law Update
Page 340
On April 12, 2004, the Fifth District Appellate Court held that the Circuit Court of St. Clair County did not have subject matter jurisdiction over an employee's Age Discrimination in Employment Act (ADEA) claim.

All in the (nontraditional) family

By Helen W. Gunnarsson
December
2004
LawPulse
Page 614
The supreme court rules that a man can't vacate a voluntary acknowledgement of paternity even if DNA evidence shows he isn't the father.

The Alligator in the Toilet: 10 Loss-Prevention Myths Debunked

By Karen Erger
June
2004
Column
Page 319
You've heard about the albino alligators in the sewers of New York, right? And the Nigerian get-rich-quick scheme? And the lawyer who was too good to get sued?

Allowing property to pass intestate cannot be considered an act of giving

September
2004
Illinois Law Update
Page 456
On June 17, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the circuit court's grant of summary judgment in favor of the defendants. 

Amendments Adopted by Department of Children and Family Services

March
2004
Illinois Law Update
Page 124
The Department of Children and Family Services recently amended 89 Ill. Adm. Code 431. 

Amendments Adopted by the Department of Natural Resources

July
2004
Illinois Law Update
Page 340
The Department of Natural Resources recently adopted amendments to 17 Ill Adm Code 130, effective April 15, 2004. 

Amendments Adopted by the Department of Public Aid

July
2004
Illinois Law Update
Page 340
The Department of Public Aid recently adopted amendments to 89 Ill Adm Code 120, effective on April 1, 2004.

Amendments Adopted by the Department on Aging

August
2004
Illinois Law Update
Page 398
Effective on May 21, 2004, the Illinois Department on Aging recently adopted amendments to 89 Ill Adm Code 240. 

Amendments Adopted by the State Board of Education

August
2004
Illinois Law Update
Page 398
The Illinois State Board of Education recently adopted amendments to 23 Ill Adm Code 350 effective on May 3, 2004.

Amendments Adopted Regarding Telecommunications Access to Persons with Disabilities

March
2004
Illinois Law Update
Page 124
The Illinois Commerce Commission recently adopted amendments to 83 Ill. Adm. Code 755. 

Amendments Adopted Regarding Toll Violation Hearing Requirements and Procedures

August
2004
Illinois Law Update
Page 398
The Illinois Toll Highway Authority recently adopted amendments to 92 Ill Adm Code 2520.

Amendments by the Department of Human Services

July
2004
Illinois Law Update
Page 340
The Department of Human Services adopted amendments to both 89 Ill Adm Code 676 and 677, effective April 8, 2004. 

Amendments Made to Implement Health Care Worker Background Check Act

February
2004
Illinois Law Update
Page 70
The Illinois Department of Public Health recently adopted amendments to 77 Ill. Adm. Code 210. 

Amendments made to Public Museum Grants Program

April
2004
Illinois Law Update
Page 176
The Illinois Department of Natural Resources recently adopted amendments to 23 Ill Adm Code 3200. Effective January 26, 2004, the changes incorporate legislation amending the authorizing statute for the Public Museum Grants Program. 

Amendments Made to the Medical Payment Program

June
2004
Illinois Law Update
Page 292
The Illinois Department of Public Aid recently adopted amendments to 89 Ill. Adm. Code 140.

Amendments made to the Site Remediation Program

May
2004
Illinois Law Update
Page 242
The Pollution Control Board recently adopted amendments to 35 Ill. Adm. Code 740, relating to the Site Remediation Program (SRP).

Application of the audit interference doctrine in the accounting malpractice context is consistent with general tort principles and Illinois common law.

March
2004
Illinois Law Update
Page 124
On December 18, 2003, the Illinois Supreme Court affirmed the trial and appellate courts' application of the "audit interference" doctrine, limiting consideration of the plaintiff's comparative negligence to instances in which it contributed to the accountant's failure to properly perform an audit. 

Applying the Frye Standard to Expert Testimony; A Guide for Lawyers and Judges

By Hon. Robert J. Steigmann
July
2004
Article
Page 363
Here's an appellate court justice's framework for analyzing Frye issues.

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