Publications

Articles From 2008

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Personnel rules for public officials and employees revised

December
2008
Illinois Law Update
Page 612
The Illinois Office of the Secretary of State made several changes to Title 80, Subtitle B, Chapter II, Part 420, Personnel Rules, Pay Plans, and Position Classifications. 80 Ill Adm Code 420. 

Plaintiff-friendly ADA amendments take effect Jan.1

By Helen W. Gunnarsson
November
2008
LawPulse
Page 548
Amendments to the Americans with Disabilities Act legislatively overturn recent U.S. Supreme Court rulings.

Playing with PreCYdent: The move toward Free Online Primary Law

By Tom Gaylord
November
2008
Column
Page 588
Two Web sites are bringing free cases and more to the public

Pleading in the Seventh Circuit after Bell Atlantic : “Fact,” “Notice,” or Otherwise?

By Nathan T. Kipp
February
2008
Article
Page 82
In Bell Atlantic, the U.S. Supreme Court announced a new federal pleading standard. But its impact on federal pleading practice in Illinois is unclear.

Police Interrogation of Motorists at Traffic Stops

By Bruce L. Carmen
January
2008
Article
Page 44
The Fourth Amendment prohibits police from turning routine traffic stops into investigations of other criminal activity.

Polygraph Exams in Sex-Offense Cases

By Kerry J. Bryson
October
2008
Article
Page 528
Despite doubts about their reliability, polygraph exams are required in sex-offense cases. This article discusses the law.

Predatory Lending Laws: The Next, Not Last, Step

By James K. Weston
January
2008
Column
Page 50
New laws expand the prohibitions on predatory lending.

Premarital Agreements Need Premeditation

By H. Joseph Gitlin
January
2008
Column
Page 48
Before you draft a premarital agreement, consider what’s at stake.

Problem-Solving Courts

By Helen W. Gunnarsson
April
2008
Article
Page 184
Supporters of drug, mental-health, and other specialty courts say they reduce recidivism and help offenders get control of their lives.

Proceedings against foreclosure tenants amended. PA 095-0262

January
2008
Illinois Law Update
Page 16
The Code of Civil Procedure has been amended to allow foreclosure tenants who are current on their rent to retain possession of their property for a designated period. 735 ILCS 5/15-1701. 

Professional Responsibility in Illinois: Rules, and MCLE

By Tom Gaylord
September
2008
Column
Page 474
There's a wealth of legal-ethics information online if you know where to look.

Professionalism and Civility in an Adversary System

By Joseph G. Bisceglia
April
2008
Column
Page 172
 Incivility tarnishes our image and makes practice less rewarding.

Profitable Family Law Practice

By H. Joseph Gitlin
July
2008
Column
Page 368
Build your family law practice by knowing your stuff and getting your name out.

A Proposed Makeover for the Rules of Professional Conduct

By Helen W. Gunnarsson
March
2008
Article
Page 128
A joint ISBA-CBA proposal seeks to bring the RPC up to date and align them more closely with the ABA Model Rules.

Proposed Reforms to the Illinois Capital Punishment System: A Status Report

By Thomas P. Sullivan
January
2008
Article
Page 38
A look at the fate of commission proposals for death-penalty reform. Bottom line: the system is better but there’s room for improvement. 

Prosecutors on prosecutroial discretion

By Helen W. Gunnarsson
May
2008
LawPulse
Page 230
Two state's attorneys from opposite ends of illinois discuss their philosophies about deciding whether, and if so how, to prosecute a case. 

Protection of Military Personnel from False, Misleading, or Deceptive Insurance Practices

January
2008
Illinois Law Update
Page 16
Effective January 1, 2008, the Department of Financial and Professional Regulation has issued new regulations affecting what methods and practices insurance companies can employ when they sell or attempt to sell life insurance to military personnel. 50 Ill Adm Code 2605.

The Public Utilities Act amended. PA 095-0660

September
2008
Illinois Law Update
Page 444
The Public Utilities Act was amended by adding section 8-408 titled "Energy efficiency plans for small multi-jurisdictional utilities." 220 ILCS 5/8-408. 

Puelo v Topel: the Court Got It Wrong

By Lin Hanson and Charles (Bud) W. Murdock
March
2008
Column
Page 158
Puelo wrongly held that a dissolved LLC was on the hook for liabilities incurred after the dissolution.    

QDRO does not grant an increased benefit

April
2008
Illinois Law Update
Page 180
On February 6, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County entering an order consistent with the Qualified Domestic Relations Order (QDRO) presented on behalf of the petitioner.

A Quick Guide to the Illinois Dead Man’s Act

By William T. Gibbs
July
2008
Article
Page 352
According to the hornbooks, the Act bars testimony by someone with an interest in litigation about a conversation with or event occurring in the presence of a decedent. But what does that mean?

R U monitoring employees’ text messages?

By Helen W. Gunnarsson
September
2008
LawPulse
Page 438
 An employee had a reasonable expectation of privacy in private e-mail he sent during work hours on his employer-issued pager, the federal ninth circuit rules.

Ready Reference for the Occasional Question

By Tom Gaylord
January
2008
Column
Page 52
Here’s a grab bag of miscellaneous and – mostly – free research sites.

Real estate and divorce: No more transfer-tax exemption?

By Helen W. Gunnarsson
December
2008
LawPulse
Page 606
 To the chagrin of matrimonial lawyers, Chicago has begun taxing the transfer of a divorcing couple's jointly owned home to one of the ex-partners.

Refiled Claims: It’s Notice, Not Service

By Professor Jeffrey A. Parness
March
2008
Column
Page 152
Voluntary dismissals need only be noticed to defendants in the second suit.

Remedy for the unauthorized practice of law amended. PA 95-0410

March
2008
Illinois Law Update
Page 124
Section 1 of the Attorney Act has been amended. 705 ILCS 205/1. 

Representation by unlicensed law student without consent or knowledge not deprivation of counsel

October
2008
Illinois Law Update
Page 504
On August 5, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County denying defendant's motion to quash arrest and suppress evidence. 

Rescuing Colleagues in Crisis

By G. M. Filisko
May
2008
Article
Page 240
Learn the warning signs of addiction and what you can do to help a colleague - or yourself.

Residents Suing Nonresidents for Harm in Illinois

By Professor Jeffrey A. Parness
June
2008
Column
Page 318
Two recent appellate cases limit the power to sue nonresidents.

RESPA and Avoiding Mortgage Fraud: What Goes on the HUD Settlement Statement?

By Philip J. Vacco
May
2008
Article
Page 248
Improper handling of buyer incentives on the HUD Settlement Statement can make you an unwitting participant in mortgage fraud.

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