Illinois Bar Journal


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Articles From 2010

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Judicial evaluations - a necessary pain in the neck By Helen W. Gunnarsson September 2010 LawPulse, Page 446 Like them or hate them, few judicial candidates dare ignore them.
Judicial Selection in Illinois: A Third Way By Gino L. DiVito December 2010 Article, Page 624 Judicial elections? Merit selection? While the decades-old debate continues, a former judge proposes a constitutional amendment that represents a third way.
Judicial Versus Legislative Authority after Lebron By Professor Jeffrey A. Parness June 2010 Column, Page 324 The med-mal caps ruling continues the age-old battle over separation of powers.
Juror Number 10, Attorney at Law By Phillip H. Hamilton June 2010 Article, Page 296 An ISBA member explains how his jury service changed - forever - his perspective on trial practice.
Jury trial tips By Helen W. Gunnarsson April 2010 LawPulse, Page 174 A veteran trial judge offers tips from the trenches for rookie litigators
Juvenile Justice: The Power of Prevention By Mark D. Hassakis December 2010 Column, Page 608 Illinois spends much more on jailing juveniles than on prevention.
Juvenile offender reports mandated. PA 096-0853 March 2010 Illinois Law Update, Page 128 The Children and Family Services Act has been amended to require the Illinois Juvenile Justice Commission to prepare a report concerning parole revocations of juvenile offenders, to be completed by September 30, 2010.
Killing medical professionals on the job now an aggravating factor. PA 096-1475 November 2010 Illinois Law Update, Page 564 The Criminal Code of 1961 has been amended to add an aggravating factor that can result in natural life imprisonment for a criminal offender. (720 ILCS 5/9-1)
Labor and Employment Lawyers and the New Rules By Michael R. Lied July 2010 Column, Page 376 New rules affect lawyers who represent organizations and clients who appear before agencies.
Laws relaxed for vehicle window tinting. PA 096-0815 March 2010 Illinois Law Update, Page 128 Drivers can now operate vehicles with more tinting on the side windows immediately adjacent to each side of the driver, under a law passed recently by Illinois lawmakers. 
Leave time not marital property, high court holds By Helen W. Gunnarsson March 2010 LawPulse, Page 122 Unused leave days have only a "speculative" future value, the Illinois Supreme Court opines.
Legal Immunities for Local Governments in Public Health Emergencies By Christina Marie Webb June 2010 Article, Page 314 A brief review of immunities available to local governments, governmental employees, and volunteers if they're sued for conduct arising from public health emergencies.
The legal significance of the difference between “in his breath” and “on his breath” July 2010 Illinois Law Update, Page 348 On April 16, 2010, the Appellate Court of Illinois, Second District, reversed a conviction for driving under the influence (DUI) by the Lee County Circuit Court holding that evidence was insufficient to establish that defendant had cannabis in his breath, blood or urine when he was driving.
Lessons for lawyers from the Blago trial By Helen W. Gunnarsson September 2010 LawPulse, Page 446 Post-verdict takeaways
Lifting the veil on rule 23 orders By Helen W. Gunnarsson November 2010 LawPulse, Page 558 Heretofore unpublished orders will see the light of day and appellate court opinions will appear on the web more quickly thanks to a supreme court rule change. Grab your smartphones and hold onto your briefs: the practice of law has just gotten faster.
Like it or not, you’re on the ‘Net By Helen W. Gunnarsson April 2010 LawPulse, Page 174 Do you know what they're saying about you out there? Or what you said that you probably shouldn't have? Here's how to find out and what you can do about it.
Listing an item on eBay does not confer personal jurisdiction upon Illinois courts August 2010 Illinois Law Update, Page 400 The Appellate Court of Illinois, Second District, in June upheld a motion to dismiss from the Circuit Court of Du Page County, finding that "a seller of an item on eBay, without further ties to a forum, is not subject to specific jurisdiction in that forum."
LLC Members by Default? By Lin Hanson June 2010 Column, Page 328 If an LLC member loses her shares, to what extent does a creditor stand in her shoes?
Looking for “facts” in all the Wrong Places By Hon. Ron Spears February 2010 Column, Page 102 Social networking sites are great - unless jurors are using them in ways that threaten a fair trial.
Making the most of your FOIA request By Helen W. Gunnarsson November 2010 LawPulse, Page 558 Tips on using the Illinois Freedom of Information Act from a lawyer who has both sought information and served as a municipality's Freedom of Information officer.
Mandatory unemployment insurance disclosure by not-for-profit employers. P.A. 096-0970 September 2010 Illinois Law Update, Page 452 The Illinois General Assembly has amended the General Not-For-Profit Corporation Act of 1986, requiring not-for-profit corporations to inform their employees by written notice or in their employment contract that they are not eligible for unemployment insurance benefits.  
The Many Money-Saving benefits of ISBA Membership By John G. O’Brien March 2010 Column, Page 120 No doubt about it - your dues investment has a very high return.
Market yourself to existing clients By Helen W. Gunnarsson August 2010 LawPulse, Page 394 Don't hide your lamp under a bushel, experts warn, or your clients may head for lawyers with better self-promotional skills.
The Mediation Option for Attorney Discipline Cases By Mary Patricia Benz May 2010 Article, Page 262 Are some disciplinary cases good candidates for mediation? This lawyer-mediator says "yes."
Medicare and Future Medical Expenses: Does the “Super Lien” Apply? By Bradford J. Peterson January 2010 Article, Page 26 It's common to accommodate Medicare liens in personal injury liability claims. But must litigants also protect Medicare from future medical expenses? The author explores the issue.
Minimum penalty enacted for traffic offenses. PA 096-1462 November 2010 Illinois Law Update, Page 564 The Illinois Vehicle Code has been amended to include a minimum penalty for traffic offenses. 625 ILCS 5/16-104e.
“[M]ortal combat”: Carr v Tillery By Helen W. Gunnarsson March 2010 LawPulse, Page 122 A legendary Metro-East trial lawyer and his former partners go head to head.
A murder conviction is no longer needed for application of the “slayer statute” July 2010 Illinois Law Update, Page 348 On April 29, 2010, the Appellate Court of Illinois, Fourth District, upheld a decision of the Circuit Court of Macon County finding that the "slayer statute" prevents an individual deemed insane for criminal purposes, but nevertheless cognizant of murdering a person, from receiving any property, benefit or other interest he may have received by a death he caused.
Must landlords seeking overdue rent comply with the FDCPA? By Helen W. Gunnarsson February 2010 LawPulse, Page 66 The third district held that landlords must comply with the Fair Debt Collection Practices Act when attempting to collect past-due rent from their renters.
Mutual will contains embedded contract, which could govern conduct of surviving spouse November 2010 Illinois Law Update, Page 564 On August 10, 2010, the Appellate Court of Illinois, Fourth District, determined that a third-party beneficiary is entitled to enforce a contract embedded in a mutual will before the death of the surviving spouse.