2009 Articles

Red Flags enforcement delayed - and it might not apply to lawyers

By Helen W. Gunnarsson
December
2009
LawPulse
, Page 598
A court has enjoined application of the rule against lawyers, the House has voted to exempt lawyers and others, and the FTC has pushed back enforcement yet again.

Reflections

By Jack C. Carey
June
2009
Column
, Page 276
A look back at the presidential year.

Registered nurses allowed to administer anesthesia

December
2009
Illinois Law Update
, Page 604
The Illinois Department of Public Health modified the rules concerning the licensing requirements for ambulatory surgical treatment centers.  

Representing DUI Clients Before the Secretary of State

By Helen W. Gunnarsson
November
2009
Cover Story
, Page 556
A plain-language primer on the SOS process, including some unwritten rules about how to represent your DUI client.

Research Resources from Illinois Academic Law Libraries

By Tom Gaylord
July
2009
Column
, Page 368
Have a research project? Go back to law school, or at least to a law school library near you.

The right to a jury trial is not guaranteed in an action nonexistent at common law.

October
2009
Illinois Law Update
, Page 496
On July 27, 2009, the Illinois Appellate Court, Fifth District, reversed the judgment of the Circuit Court of Jackson County and remanded the case for a bench trial.

The right to argue whether a claim is subject to arbitration is waived if the party does not object in a timely manner

September
2009
Illinois Law Update
, Page 444
On July 6, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County, confirming the arbitration award for the defendant and dismissing the plaintiff's motion to vacate the award.

Rules amended implementing the Consumer Installment Loan act

May
2009
Illinois Law Update
, Page 226
The Department of Financial and Professional regulation amended the rules implementing the Consumer Installation Loan Act (205 ILCS 670/22) as it relates to title-secured loans. 38 Ill Adm Code 110. 

Rules committee hears criminal law, family law, civil practice proposals

By Helen W. Gunnarsson
April
2009
LawPulse
, Page 168
The supreme court rules committee heard proposals to require consular notification for foreign nationals, to change child custody rules, and to require additional notice to opposing counsel.

Rules implementing the Illinois Community Care Program revised

June
2009
Illinois Law Update
, Page 284
Illinois' Department on Aging amended the state's Community Care Program (CCP) to provide for higher quality standards for providers, increase required worker competencies, and improve general oversight by the department. 89 Ill Adm Code 240.  

Same Holiday Wishes, New Hope

By John G. O’Brien
December
2009
Column
, Page 596
Hope survives a long and challenging year.

School Code addresses bonded indebtedness. PA 095-1025

May
2009
Illinois Law Update
, Page 226
The Illinois general Assembly amended the School Code by changing section 7-14 which addresses the "Bonded indebtedness-Tax rate." 105 ILCS 5/7-14. 

School Code amended to require internet safety education. PA 095-0869

January
2009
Illinois Law Update
, Page 16
The School Code was amended by changing section 27-13.3 to add internet safety education to the required school curriculum. 105 ILCS 5/27-13.3.

Scientific Evidence About Grief in Illinois Wrongful Death Cases

By Timothy J. Reuland & Shirley A. Murphy
March
2009
Article
, Page 146
A 2007 amendment to the Illinois Wrongful Death Act permits recovery for grief. This article discusses the evidence that makes the case for damages.

Secretary of State has no duty to sign and affix the state seal to certificate of appointment

March
2009
Illinois Law Update
, Page 122
On January 9, 2009, the Illinois Supreme Court denied an original action for mandamus holding “that section 5(1) of the Secretary of State Act (15 ILCS 305/5(1) (West 2006)) is inapplicable to the Burris appointment, and that no further action is required by any officer of this state to make the appointment valid.”

Sex offenders banned from using social networking Web sites. PA 096-0262

December
2009
Illinois Law Update
, Page 604
Illinois lawmakers recently added new language to the Criminal Code of 1961 to prohibit convicted sex offenders from using social networking Web sites.

Sexual harassment and the chain of command

By Helen W. Gunnarsson
June
2009
LawPulse
, Page 278
Under state law, employers are liable for sexual harassment by supervisors whether or not the employer knew about it and even though the employee-victim doesn't work under the supervisor.

Shakin’ the Pink-Slip Blues

By Helen W. Gunnarsson
May
2009
Cover Story
, Page 230
You've been laid off or fear you might be - now what? Career experts help you take your future into your own hands - and see ISBA's career resources on page 234.

Should criminal defendants talk to the press?

By Helen W. Gunnarsson
April
2009
LawPulse
, Page 168
Not a good idea, criminal defense lawyers and prosecutors agree.

Should You Use Fastcase and How?

By Helen W. Gunnarsson
April
2009
Article
, Page 178
Whether you make it your primary online research tool or use it to supplement Westlaw or Lexis, Fastcase can save you money. Lots of it. Here’s how.

Simple Answers for Construction Litigation Questions

By Joseph E. Rubas
December
2009
Article
, Page 630
If you represent contractors and you're struggling to get a grip on indemnity, workers' comp liens, and Kotecki waiver issues, this article is for you.

A Snipe-Hunter’s guide to Coaxing Answers from Hostile Witnesses

By Hon. Ron Spears
May
2009
Column
, Page 260
Preparation and skillful questioning can help you bag your quarry.

Social media and legal ethics

By Helen W. Gunnarsson
September
2009
LawPulse
, Page 438
May an Illinois lawyer list his or her "Specialties" on LinkedIn without running afoul of Illinois RPC 7.4?

Social networking 1.0

By Helen W. Gunnarsson
June
2009
LawPulse
, Page 278
Despite the newfangled options, blogs and e-mail discussion groups are still excellent ways to connect with other lawyers.

Sources of Illinois Legal Research

By Tom Gaylord
May
2009
Column
, Page 264
These bibliographies help you find Illinois research tools on your topic.

A Spy in the House of Law

By Karen Erger
June
2009
Column
, Page 316
The tenets of spycraft ("never go against your gut") make pretty good rules for recent admittees.

Stalking laws amended. PA 096-0686

December
2009
Illinois Law Update
, Page 604
The Illinois General Assembly made numerous changes to the Criminal Code of 1961, including amendments to statutes on criminal stalking, aggravated stalking, and cyberstalking. 720 ILCS 5/12-7.3-7.5.

“Standard Visitation” and the Best Interest of the Child

By Scott A. Lerner
March
2009
Article
, Page 138
Courts too often grant every-other-weekend visitation without considering the advantages of more generous alternatives, the author argues.

State Income Tax rules updated

January
2009
Illinois Law Update
, Page 16
The Illinois Department of Revenue amended Title 86, which governs Illinois state income tax rules. 86 Ill Adm Code 100.7300 et seq. The purpose of the amendment is to provide guidance on the application of the Illinois income tax withholding requirements for employers. 

State of E-Filing in Illinois

By Trent L. Bush, Bryan M. Sims, David M. Clark, & Martin W. Typer
July
2009
Article
, Page 344
While Illinois has no statewide electronic filing system, several county initiatives are at various stages of implementation.