Publications

Articles From 2009

Browse articles by year: 2018 (118) 2017 (330) 2016 (325) 2015 (331) 2014 (327) 2013 (307) 2012 (284) 2011 (296) 2010 (302) 2009 (272) 2008 (301) 2007 (305) 2006 (339) 2005 (310) 2004 (317) 2003 (323) 2002 (336) 2001 (289) 2000 (269) 1999 (267) 1998 (53)

Illinois Retailers’ Occupation Tax revised

May
2009
Illinois Law Update
Page 226
The Illinois Department of revenue revised the retailers' occupation tax as it relates to fly-away aircrafts and taxes charged by hotels and similar establishments for the rental of meeting, conference, banquet, and other similar types of rooms when food and beverages are provided. 86 Ill Adm Code 130.

Illinois Statutory and Legislative Resources

By Tom Gaylord
January
2009
Column
Page 48
The statutes are online, of course. But here are other free resources.

Illinois Supreme Court upholds jewish-marriage clause in trust provision

By Helen W. Gunnarsson
November
2009
LawPulse
Page 546
But the court's narrow framing of the issue avoids the question of whether such religious restrictions in wills and trusts are broadly permissible.

Illinois updates Illinois veterans’ homes code

September
2009
Illinois Law Update
Page 444
The Illinois Department of Public Health (department) updated the Illinois Veterans' Homes Code. 77 Ill Adm Code 340.

Illinois updates medical prescription prescribing protocol

August
2009
Illinois Law Update
Page 392
The Illinois Department of Healthcare and Family Services has updated the rules regulating the dispensing of prescription drugs by physicians, dentists, and podiatrists.

The Illinois Whistleblower Act’s Impact on Common Law Claims

By Sang-yul Lee, Steven J. Pearlman, and Jonathan J.C. Grey
February
2009
Article
Page 90
Does the Illinois Whistleblower Act preempt the common law? How can employers avoid retaliation claims? The authors offer answers.

Illinois Zoning Law Six Years after Klaeren

By George L. Schoenbeck
February
2009
Article
Page 84
Legislation and subsequent cases have resolved some ambiguities in the landmark Klaeren decision while giving rise to others.

The importance of timely service

By Helen W. Gunnarsson
March
2009
LawPulse
Page 116
Thanks to an amendment to supreme court rule 103(b), plaintiffs who haven’t been otherwise diligent in moving a case along must be especially diligent in obtaining service.

In Defense of the Citizen Participation Act

By Adam Schwartz
March
2009
Column
Page 114

Inactive Client Relationships May Create Per Se Conflicts for Criminal Defense Lawyers

By Isaac J. Colunga
October
2009
Article
Page 522
A per se conflict of interest may arise because of a past client relationship, regardless of whether criminal defense attorneys have spoken with their former clients in years.

Iqbal: a “dangerous” tightening of federal pleading standards?

By Helen W. Gunnarsson
December
2009
LawPulse
Page 598
Critics of this game-changing Supreme Court ruling argue that it will deny a day in court to large numbers of deserving litigants.

Johnny O Takes the Reins

By Helen W. Gunnarsson
July
2009
Article
Page 340
Real estate lawyer John O’Brien brings his nonconfrontational style to the ISBA’s top job.

Join an ISBA Committee or Section

By Mark D. Hassakis
December
2009
Column
Page 597
Our ISBA Family Invites You to Join an ISBA Committee or Section

Jordan v Knafel: A Troubling Take on Mutual Mistake?

By Joseph Siprut
June
2009
Article
Page 308
The first district found for Micheal Jordan against his former mistress in a case that, while interesting, includes a troubling analysis of the mutual-mistake doctrine you should know about.

Judges must rule before trial on motions in limine

By Helen W. Gunnarsson
March
2009
LawPulse
Page 116
A new ruling lets criminal defense attorneys know before deciding to let their clients testify whether their priors will be admitted at trial.

Just Can’t Wait to Get on the Road Again

By Helen W. Gunnarsson
December
2009
Article
Page 608
With the right technology, you can be as productive when you're traveling as you are in the office.

Juvenile Jurisdiction Task Force considers extending Juvenile Court Jurisdiction to youth age 17. PA 095-1031

April
2009
Illinois Law Update
Page 174
The Illinois General Assembly amended the Juvenile Court Act of 1987 by amending two sections and adding one section. 705 ILCS 405/5-105, 5-120, 5-121.

Juveniles can be required to register as sex offenders

By Helen W. Gunnarsson
July
2009
LawPulse
Page 330
The supreme court held that registration is not punishment and that juveniles can be required to register even though they aren’t entitled to a jury trial on the charges.

Law for minor smoking offenders amended. PA 096-0179

November
2009
Illinois Law Update
Page 552
The Illinois General Assembly amended section 5-615 of the Juvenile Court Act of 1987 regarding supervision of minors who have been found in violation of the Prevention of Tobacco Use by Minors Act. 705 ILCS 405/5-615. 

Lawmakers amend line of duty compensation penalties.

February
2009
Illinois Law Update
Page 70
The State Prompt Payment Act and the Court of Claims Act have been amended to better enable persons designated by an Armed Forces member killed in the line of duty to obtain compensation. 30 ILCS 540/3-1, 705 ILCS 505/22.

Lawyer Lincoln

By Daniel W. Stowell and John A. Lupton
February
2009
Article
Page 74
A look at Abraham Lincoln's legal practice in antebellum Illinois.

Lawyers, Guns and Money: Pop Songs and Legal Ethics

By Karen Erger
April
2009
Column
Page 208
A musical lesson in malpractice prevention.

Lincoln’s Teams of Legal Rivals

By Hon. Ron Spears
February
2009
Column
Page 100
Before he was President, Lawyer Lincoln drew on the strength of rivals.

Live-in Partners and the “No Impact” Rule

By H. Joseph Gitlin
January
2009
Column
Page 50
Courts no longer per se prohibit live-in partners for unmarried custodians.

Loose lips lose lawsuits

By Helen W. Gunnarsson
November
2009
LawPulse
Page 546
Having trouble getting your witnesses to shut up? Show them a copy of People v Harris.

A Magical October Evening: the IBF Gala

By John G. O’Brien
September
2009
Column
Page 436
The Gala is a great time and a crucial source of funding for the Illinois Bar Foundation.

Mailbox rule only applies to items posted using the United States Postal Service

April
2009
Illinois Law Update
Page 174
On February 4, 2009, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Lake County ruling the defendant's post judgment motion to vacate untimely and dismissing the appeal because the mailbox rule does not apply to private mail carriers.

Maintenance and the Marital Standard of Living

By H. Joseph Gitlin
July
2009
Column
Page 370
Here’s a formula for determining maintenance that reflects the standard of living during marriage.

Maintenance Awards and Short-term Marriages

By H. Joseph Gitlin
May
2009
Article
Page 236
Think maintenance is off the table for marriages that end after 10 or fewer years? Think again.

Make Settlement Agreements a Centerpiece, not an Afterthought

By Hon. Ron Spears
August
2009
Column
Page 422
Careful planning for settlements can prevent bad results.

Pages