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Articles From 2007

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No release of workers’ compensation claim where contrary to Illinois public policy November 2007 Illinois Law Update, Page 576 On August 22, 2007, the Illinois Appellate Court, Second District, reversed the order of the Circuit Court of Du Page County and held that the defendants, John and Kelly Van Cleve, were entitled to judgment as a matter of law. 
No Supervision for Adult DUI Offenders Who Transport Minors? By Ralph Strathmann November 2007 Article, Page 596 A statute requiring prison time instead of court supervision for adult first-time DUI offenders who were transporting minors conflicts with existing law, this author argues.
Notice requirements for out-of-state Certified Public Accountants explained May 2007 Illinois Law Update, Page 236 Effective February 15, 2007, the Illinois Department of Financial and Professional Regulation has amended 68 Ill Adm Code 1420. 
Nurse Educator Loan Repayment Program Implemented September 2007 Illinois Law Update, Page 460 The Board of Education has created 23 Ill Adm Code 2758 to implement the Nurse Educator Loan Repayment Program, effective July 1, 2007. 
Of Principals and POAs: When Clients Need Protection from Themselves By Helen W. Gunnarsson November 2007 Article, Page 580 What can we do for elderly clients who aren't making good financial decisions because they aren't fully competent?
Opening Statements: Soup for the Jury’s Soul By Hon. Ron Spears February 2007 Column, Page 102 A good opening statement will shape jurors' perception of the case.
Oppositional depositions - telling your client not to answer By Helen W. Gunnarsson May 2007 LawPulse, Page 230 A recent federal case sheds light about when and how lawyers can counsel their clients to refuse to answer questions in a deposition.
An Overview of the Illinois Department of Financial and Professional Regulation By Michael V. Favia and Marlene E. Siedlarz August 2007 Article, Page 428 Attorneys representing doctors, dentists, and other licensees before the IDFPR need to know the agency's policies and procedures. Here's a primer.
Parent companies more vulnerable to suit for subsidiaries’ torts By Helen W. Gunnarsson April 2007 LawPulse, Page 170 Under the direct participant theory, recently adopted by the Illinois Supreme Court, a parent business that guides its subsidiary's activities may be liable for the subsidiary's torts.
Permanency Planning: Protecting Children from the Loss of Their Parents By Sarah Unsicker December 2007 Article, Page 656 How can Illinois parents plan for the possibility that they will die or otherwise not be there for their children? This article reviews the options.
Physical education exemption for special education students - PA 094-1098 July 2007 Illinois Law Update, Page 348 Section 27-6 of the School Code, 105 ILCS 5/27-6, has been amended by the Illinois General Assembly to allow physical education exemptions for special education students.
Pilot program for lifelong learning accounts established for health-care workers -PA 094-1006 May 2007 Illinois Law Update, Page 236 Last summer, the Illinois General Assembly added Section 605-430 to the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code. 20 ILCS 605/605-430. 
Pleading guilty online By Helen W. Gunnarsson May 2007 LawPulse, Page 230 New supreme court standards allow defendants in small traffic cases to plead guilty and pay up without a trip to the courthouse.
Please, Mr. Postman, Don’t Bring Me a Letter from the ARDC By Helen W. Gunnarsson March 2007 Article, Page 128 Odds are you'll be on the receiving end of an ARDC complaint. How should you respond?
POD and TOD accounts and your estate-planning arsenal By Helen W. Gunnarsson October 2007 LawPulse, Page 510 Payable/transfer-on-death accounts are handy probate-avoidance tools that can even be used to transfer real estate. Or can they?
Predatory lending database pilot program given a start date March 2007 Illinois Law Update, Page 124 Effective December 21, 2006, the Department of Financial and Professional Regulation has added a new section to 38 Ill Adm Code 346. 
Predatory Lending: The Continuing Saga By James K. Weston October 2007 Column, Page 554 A new bill would redefine yet again the Illinois' anti-predatory-lending law.
Preserving the right to appeal an ambiguous ruling By Helen W. Gunnarsson July 2007 LawPulse, Page 342 What can you do to preserve your client's right to appeal when the trial court issues an order of ambiguous finality? The Waddick case may provide some lessons.
A Primer on Qualified Pension and Profit-Sharing Plans By Stephen M. Margolin and Harvey S. Shifrin July 2007 Article, Page 376 Pension and profit-sharing plans are more valuable than ever. Here's an overview for business advisors.
A pro-prosecution definition of “delay” under the Speedy Trial Act By Helen W. Gunnarsson January 2007 LawPulse, Page 8 Even some respected defense attorneys agree that the ruling will end form-over-substance gamesmanship.
Procedure for eminent domain by sanitary districts amended - PA 094-1106 June 2007 Illinois Law Update, Page 292 The Illinois Municipal Code changed 65 ILCS 5/11-147-1 by allowing a sanitary district and municipality to enter into a contract for use of the sanitary system even if the sanitary district and municipality are not adjacent. 
Professional licenses can be withheld for non-payment of taxes August 2007 Illinois Law Update, Page 404 A new sub-section, 1100.560, has been added to 68 Ill Adm Code 1100, effective May 16, 2007. 
Public school services for special education students extended. PA 095-0014 September 2007 Illinois Law Update, Page 460 The Illinois General Assembly has amended the School Code to provide extended access to public school education for special education students.
Purchasers of condominiums at foreclosure sale to pay association fee - PA 094-1049 March 2007 Illinois Law Update, Page 124 Section 9 of the Condominium Property Act (Act) has been amended by adding paragraphs 4 and 5 to subsection (g). 765 ILCS 605/9(g). 
Putting a Spouse through School By H. Joseph Gitlin July 2007 Column, Page 386 It's easier for courts to compensate a divorcing spouse who put a partner through school.
Qualified physician must be present until medical discharge August 2007 Illinois Law Update, Page 404 Sub-section 205.320 of 77 Ill Adm Code 205, titled "Ambulatory Surgical Treatment Center Licensing Requirements," has been amended, effective May 7, 2007. 
Race-Based School Assignments After Parents Involved in Community Schools By Mark E. Wojcik October 2007 Article, Page 526 The Supreme Court struck down a pair of race-based plans for assigning students to public schools. So what kinds of plans do pass constitutional muster?
Reforming Paternity Procedures: A Dannielynn in Illinois By Professor Jeffrey A. Parness June 2007 Column, Page 324 What would have happened if Anna Nicole Smith's daughter had been born in Illinois?
Remember to Give Back By Joseph G. Bisceglia November 2007 Column, Page 568 In a season of plenty, don't forget the less fortunate. Here are ways lawyers can help.
Retail merchants authorized to sell and process registration plates April 2007 Illinois Law Update, Page 176 The Illinois Secretary of State has amended 92 Ill Adm Code 1010. The amendments allow "retail merchants" to be involved in selling and processing registration plates.