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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.