Publications

Articles From 2004

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Appointed counsel can withdraw from post conviction proceedings for lack of meritorious issues

December
2004
Illinois Law Update
Page 620
On September 23, 2004, the Illinois Supreme Court affirmed the judgments of the appellate and circuit courts which granted counsel's motion to withdraw. 

Are Statutory Health Care POAs HIPAA-Compliant?

By Helen W. Gunnarsson
June
2004
Article
Page 302
Do your health care POA forms pass HIPAA muster? Read and find out.

Arsonists to be entered into the Illinois Citizens and Law Enforcement Analysis and Reporting System P.A. 093-0949

October
2004
Illinois Law Update
Page 514
Effective January 1, 2005, the Department of State Police will begin entering into the Illinois Citizens and Law Enforcement Analysis and Reporting System (I-CLEAR) names and addresses of arsonists.

At Last, a New Guidebook for Illinois Legal Researchers

By Phill Johnson
May
2004
Column
Page 271
Here's review of the first new Illinois legal research tome in well over a decade.

Attorney fees, family law and In re Marriage of King

By Helen W. Gunnarsson
March
2004
LawPulse
Page 118
The Illinois Supreme Court has given divorce lawyers one more reason to get as much of their fee up front as possible.

Background Checks Required for Euthanasia Technicians P.A. 093-0626

May
2004
Illinois Law Update
Page 242
Effective immediately, each applicant for certification as a euthanasia technician must have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form.

Because the evidence clearly demonstrated that the proposed move could enhance the quality of life for her children, the trial court’s denial of the mother’s removal petition was against the manifest weight of the evidence

September
2004
Illinois Law Update
Page 456
On June 17, 2004, the Illinois Appellate Court, Second District, held that the trial court's determination that removal of the petitioner's children from Illinois to Switzerland was not in the children's best interests was against the manifest weight of the evidence.

Because the limitations period was statutorily shortened at the time they filed their complaint, the plaintiffs should have been given reasonable time to file and the void ab initio doctrine should not have been applied

August
2004
Illinois Law Update
Page 398
On May 21, 2004, the Illinois Appellate Court, Second District, reversed the trial court's grant of the defendant's motion to dismiss and held that departure from the void ab initio doctrine was justified by the reasonable period doctrine with respect to the plaintiffs' claims. 

A better way to fight fraud is under your thumb

By James K. Weston
October
2004
Column
Page 542
Let's amend the notary law to require a thumbprint with the signature.

A biological father of a stillborn child who can establish his parentage is the “next of kin.”

January
2004
Illinois Law Update
Page 16
On October 17, 2003, the Illinois Supreme Court affirmed the judgment of the appellate court, holding that a claimed biological father of a stillborn child has standing to prove his parentage and serve as administrator of the child's estate in a wrongful death case.

Birth of a Career: The Class of 2003

By Terrence J. Lavin
January
2004
Column
Page 8
One of the plums of this position as the president of your Illinois State Bar Association is the opportunity to speak to newly admitted attorneys at the swearing-in ceremony conducted by the Illinois Supreme Court.

Board of Education Must Publish a List of “Persistently Dangerous” Schools P.A. 93-0633

March
2004
Illinois Law Update
Page 124
Effective immediately, the State Board of Education will maintain data and annually publish a list of persistently dangerous schools

The Brave New World of Electronic Evidence Discovery

By R. Mark Halligan
June
2004
Article
Page 296
Most information is stored and sent electronically, but most litigators live in the peper-laden past. Here's an overview of e-discovery issues.

Breach of fiduciary duty is an equitable action for which no constitutional right to a jury trial exists

October
2004
Illinois Law Update
Page 514
On July 8, 2004, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of DuPage County to strike a defendant-beneficiary's demand for a jury trial.

Brief-Building: The Finishing Touches

By Maureen B. Collins
March
2004
Column
Page 153
You've built a well-reasoned, well-argued edifice; don't sabotage your effort by neglecting the final flourishes.

Brown v Board and the ISBA Board

By Terrence J. Lavin
March
2004
Column
Page 116
Americans are great about celebrating anniversaries. We celebrate the anniversary of heroic or tragic national events. 

Building a Solid Foundation

By Maureen B. Collins
February
2004
Column
Page 105
Last month's column looked at the "prep work" necessary for a brief. This month, we focus on the framework.

Burnout and the High Cost of Turnover

By Paul Sullivan
August
2004
Column
Page 431
Does burnout have your best employees looking elsewhere? Learn the warning signs and find out how you can create a less stressful working environment.

Can cities cap med-mal damage awards?

By Helen W. Gunnarsson
September
2004
LawPulse
Page 450
Does home rule authority really empower cities to regulate medical malpractice litigation? Not likely, observers say.

Capital Punishment Reform and the Illinois Supreme Court: at the Forefront of Change

By Judge Michael P. Toomin
December
2004
Article
Page 642
The supreme court had already implemented some of the reforms later recommended by the Ryan commission, this author notes.

Capital Punishment Reform; What’s Been Done and What Remains to Be Done

By Thomas P. Sullivan
April
2004
Article
Page 200
A summary of changes wrought by Illinois' capital punishment reform legislation.

Carnival and Amusement Insurance Regulated

February
2004
Illinois Law Update
Page 70
The Illinois Carnival-Amusement and Safety Board adopted amendments to 56 Ill. Adm. Code 6000 to establish and clarify regulations related to insurance coverage on carnival and amusement rides.

The Case for Allowing Expert Assistance at Depositions

By Leon I. Finkel and Lena Goretsky Winters
March
2004
Article
Page 151
The authors argue that courts should routinely allow attorneys to bring retained experts to help depose opponents.

Cause of action recognized for negligent issuance of a life insurance policy based upon the proposed insured’s lack of knowledge and consent to the policy

April
2004
Illinois Law Update
Page 176
On January 23, 2004, the Illinois Supreme Court affirmed the judgment of the appellate court, which reversed the circuit court's grant of the defendant's motion to dismiss.

The Challenge of Representing Mentally Impaired Clients

By Helen W. Gunnarsson
October
2004
Article
Page 518
You think your client's judgment might be impaired – must you do what he asks? Can you talk to the family? A look at governing law.

Challenging Property Seizures Under Illinois Civil Asset Forfeiture Law/Raising an Excessive Fines Clause Challenge

By Hon. William James Haddad and James C. Murray Jr.
July
2004
Article
Page 365
Illinois law gives the state broad power to seize drug and crime assets; here's how to mount a challenge.

Challenging the Medical Studies Act’s Peer-Review Privilege

By Judy L. Cates
November
2004
Article
Page 582
A plaintiff's-eye view of this important limit on discovery in med-mal cases.

Change Made to Business Organization Definition

May
2004
Illinois Law Update
Page 242
The Illinois Office of the Secretary of State has adopted a simple, yet important, regulatory change for defining business organizations. 

Changes in Place for Special Education Certification

March
2004
Illinois Law Update
Page 124
The Illinois State Board of Education recently adopted amendments to 23 Ill. Adm. Code 27, governing the Standards for Certification in Specific Teaching Fields. 

Charter Bus Contracts Must Have Specific Language P.A. 093-0644

April
2004
Illinois Law Update
Page 176
All contracts for providing charter bus services for the sole purpose of transporting students regularly enrolled in grade 12 or below to or from interscholastic athletic or interscholastic or school sponsored activities.

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