Publications

Articles From 2005

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Property Tax Code allows for post-judgment motions

May
2005
Illinois Law Update
Page 232
On February 17, 2005, the Illinois Supreme Court reversed the appellate court's dismissal of the property owners' appeal and remanded the case to the appellate court. 

Proposed legislation would fix an underinsured-motorist pothole

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
Even seasoned lawyers representing victims of underinsured motorists should beware this trap and encourage legislators to remove it.

Proposed Rule 225: Does Illinois Need a New Class-Action Rule?

By Michael B. Hyman, Carol V. Gilden, Melinda J. Morales, Adam J. Levitt, Michael A. Pope, and Steven F. Pflaum
April
2005
Article
Page 202
Proponents say Rule 225 would stop class-action abuse; Opponents say it isn't needed.  

Public aid funeral expenses to be reevaluated annually PA094-0669

December
2005
Illinois Law Update
Page 622
In order to accommodate potential changes in the market, the Illinois general Assembly amended section 12-4.11 of the Public Aid Code (305 ILCS 5/12-4.11). 

Pure Heart, Commingled Funds

By Karen Erger
April
2005
Column
Page 210
Your funds and your clients' don't mix. Ever.

Putting Your Firm on the Web

By Mary Katherine Danna
November
2005
Article
Page 572
Should you build a Web site? Buy a listing in an online directory? Here's an introduction to Web-based marketing.

Rail carriers required to provide walkways for their employees

May
2005
Illinois Law Update
Page 232
The Illinois Commerce Commission (Commission) recently adopted 92 Ill Adm Code 1546, effective February 15, 2005. This part requires that rail carriers provide walkways for railway workers.

Raising an Affirmative Defense to Constructive-Discharge in Hostile-Work-Environment Cases

By Athena Papachronis Herman
February
2005
Article
Page 84
The Supreme Court recently established when an employer can assert an affirmative defense to a claim of supervisor–created hostile work environment that leads to constructive discharge.

Rebuilding Our Credibility by Restoring Our Professionalism

By Robert K. Downs
October
2005
Column
Page 496
Let's improve our public image by promoting civility and punishing misconduct.

Recent amendments address unauthorized discharges and vessel requirements at North Point Marina

April
2005
Illinois Law Update
Page 170
The Illinois Administrative Code, 17 Ill Adm Code 220, was recently amended by the Department of Natural Resources.

Recent Miranda Rulings Complicate an Already Complex Standard

By Kerry J. Bryson
February
2005
Article
Page 76
Last year, the US. and Illinois Supreme Courts issued Miranda opinions – and the issue remains as confusing as ever.

Reducing Real Estate Fraud – Thumbprints and How Much More?

By James K. Weston
April
2005
Column
Page 208
Two different bills requiring notaries to maintain logbooks and record thumbprints are introduced this session.

Registry of health care professionals to be maintained - PA094-0308

October
2005
Illinois Law Update
Page 506
Beginning on July 22, 2005, the Department of Public Health is required to compile a registry of all active health care professionals. 

Removal: the Still-Evolving Standard

By H. Joseph Gitlin
January
2005
Column
Page 46
The Illinois Appellate Court takes yet another tack.

The Rental Housing Support Program Act’s Non-Deductible Charitable Donation

By James K. Weston
July
2005
Column
Page 366
Effective July 1, a new law requires counties to charge an extra $10 for every real estate document they record.

Reporting requirements defined for appointees with interests in state contracts

September
2005
Illinois Law Update
Page 446
Part 565 of Title 2 was recently amended to add information on reporting requirements for State appointees under the Illinois Governmental Ethics Act ("Act"). 

Reporting requirements increased for sex offenders - PA 093-0885

June
2005
Illinois Law Update
Page 280
Notice must now be given if there is an escape, death, or court-ordered change in the custody status of a detainee or a civilly committed sexually violent person.

Requirements amended for social workers renewing or restoring licenses

March
2005
Illinois Law Update
Page 116
The Illinois Department of Financial and Professional Regulation recently amended Part 1470 of Title 68 of the Illinois Administrative Code, 68 Ill Adm Code 1470, effective December 8, 2004.

Requirements outlined to activate the AMBER Alert Notification Plan

March
2005
Illinois Law Update
Page 116
The Illinois State Police recently adopted 20 Ill Adm Code 1292.30, effective on November 24, 2004.

Researching Illinois Administrative Law in the Electronic Age

By Thomas Keefe
July
2005
Column
Page 364
The Illinois Administrative Code is on the Net.

RESPA – Here We Go Again?

By James K. Weston
October
2005
Column
Page 540
 Is HUD trying once again to amend the RESPA statute by regulation?

Retroactivity and Judicial Construction of Criminal Statutes

By Larry R. Wells
September
2005
Article
Page 474
When a court interprets a statute in favor of a criminal defendant, must that interpretation be applied to events that happened before that case 
was decided? Yes, this author opines.

Review of venue-transfer motions: the supreme court speaks

By Helen W. Gunnarsson
December
2005
LawPulse
Page 614
Trial courts deserve deference on questions of fact but not law, the high court ruled.

Revised criteria for Vocational Rehabilitation program eligibility

November
2005
Illinois Law Update
Page 564
The Illinois Department of Human Services (Department) has recently amended Part 553 of Title 89. 

Rogers: Gifts are income when calculating support owed

By Helen W. Gunnarsson
January
2005
LawPulse
Page 8
The Illinois Supreme Court rules that gifts to a noncustodial parent constitute income for purposes of determining his or her support obligation.

Rule changes allow compulsory appearance by notice at pretrial hearings

By Helen W. Gunnarsson
August
2005
LawPulse
Page 382
Amended Supreme Court Rule 237 allows parties to compel appearances by serving a witness with simple notice, even at pretrial or expedited hearings.

Salaries at not-for-profits: the IRS takes a hard look

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
If you advise or sit on the board of a tax-exempt organization, take note of an IRS initiative to make sure nonprofits aren't paying employees too much.

School Code amended to provide fast growth grants – PA 093-1042

January
2005
Illinois Law Update
Page 14
Effective October 8, 2004, the School Code (105 ILCS 5) has been amended to include a new provision under section 18-8.10. 

School Code amended to specify maximum-authorized district educational tax rate PA 093-1059

February
2005
Illinois Law Update
Page 68
Effective December 8, 2004, the School Code was amended by adding 105 ILCS 5/17.3.5, to indicate the maximum-authorized district educational tax rate.

Schools must provide public education regardless of immigration status

October
2005
Illinois Law Update
Page 506
The State Board of Education recently amended Part 1 of Title 23, effective July 13, 2005.

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