Illinois Bar Journal


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Articles From 2010

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Reviving Judgments in Illinois By Robert G. Markoff and Christopher J. McGeehan January 2010 Article, Page 40 A summary of how the revival process works in light of recent changes.
Rule 3.3 and Honesty in Litigation By Robert T. Park May 2010 Column, Page 272 Don't make a false statement, offer false evidence, or fail to disclose adverse authority.
Rules adopted to govern American Recovery and Reinvestment Act education funds February 2010 Illinois Law Update, Page 72 The Illinois State Board of Education (the board) recently adopted rules to regulate funds distributed to Illinois school districts throughout the state through the American Recovery and Reinvestment Act of 2009 (ARRA).
Schools no longer obligated to comply with unfunded mandates. PA 096-1441 December 2010 Illinois Law Update, Page 616 The School Code has been amended to allow public school districts and private schools to choose not to comply with statutory or regulatory mandates enacted after the effective date of this amendment, unless the mandate is fully funded by the government for the relevant school year. 105 ILCS/22-60.
Secretary of State establishes procedures for depositing wills October 2010 Illinois Law Update, Page 508 The Illinois Secretary of State's Office recently adopted new rules governing the deposit of wills with the office of the secretary.
See comments from our readers. September 2010 Column, Page 442 Exception for commercial fraud not warranted; Two exceptions to the doctrine of election
See comments from our readers July 2010 Column, Page 338 Jury-service article "spot-on"
See comments from our readers April 2010 Column, Page 170 Habitability warranty disclaimers; FOIA attorney fees; family law attorney fees
Service men and women granted stay of foreclosure proceedings. PA 096-0901 September 2010 Illinois Law Update, Page 452 The Code of Civil Procedure is amended to provide special provisions for those who have served their country. (735 ILCS 5/15-1501.5) 
Sexting: It’s No Joke, It’s a Crime By Joshua D. Herman April 2010 Article, Page 192 A look at the high-stakes legal issues raised by adolescent "sexting" and their implications for counsel to teens, parents, and schools.
The Snow and Ice Removal Act does not provide immunity for injuries sustained on driveways April 2010 Illinois Law Update, Page 180 On January 27, 2010, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Lake County, which granted the defendants' motion to dismiss the plaintiff's complaint.
So You Want to Be a Business Lawyer By Helen W. Gunnarsson January 2010 Article, Page 20 You've thought about expanding into business counseling - what's the next step? Here's advice from experienced business-law practitioners, plus some business-law basics.
So You Want to Be a Judge? By Helen W. Gunnarsson September 2010 Article, Page 456 High status, great money, no practice-management headaches - what lawyer wouldn't want to be a judge? What lawyer indeed, which is why it's a hard gig to get.
So you want to be house counsel By Helen W. Gunnarsson January 2010 LawPulse, Page 10 Be sure to give your prospective employer a thorough going-over before you say "yes".
The Sometimes Surprising Practical Implications of Revised UCC Article 1 By Pasha Vaziri April 2010 Article, Page 204 Article 1 of the Uniform Commercial Code articulates the principles that underlie the remaining articles, and Illinois recently adopted Revised Article 1. Here's what it means.
Splitting Up Without Divorce: A Legal-Separation Primer By Roman J. Seckel August 2010 Article, Page 416 A look at the basics of this little-used but sometimes just-right remedy.
Sports Injuries: High Liability Standard for Nonparticipants By Ray Rossi April 2010 Article, Page 200 In Illinois, nonparticipants (e.g., coaches and refs) in sporting events who cause injuries are liable only if their misconduct is at least willful and wanton.
Standards amended for state university employees’ disability claims September 2010 Illinois Law Update, Page 452 The State Universities Retirement System (retirement system) recently amended rules which update and clarify requirements and procedures state university employees must satisfy to qualify for disability benefits.  
State authorizes creation of Low-Profit LLCs. PA 096-0126 May 2010 Illinois Law Update, Page 236 State lawmakers recently allowed for the creation of Low-Profit Limited Liability Companies (called L3Cs) for groups advancing educational or charitable purposes.
State may recover payments for state workers injured by third party. PA 096-1430 December 2010 Illinois Law Update, Page 616 The Illinois General Assembly amended the Public Employee Disability Act to allow the state to seek reimbursement of the benefits it must pay to an injured state worker when a third party is responsible for the employee's disability. 5/ILCS 345/1. 
Stiffer financial consequences for disorderly conduct in schools. PA 096-0413 April 2010 Illinois Law Update, Page 180 Illinois lawmakers have amended the section of the Criminal Code treating disorderly conduct, creating stiffer fines for false reports or threats to schools.
Stiffer monitoring of sex offender information. PA 096-1104 October 2010 Illinois Law Update, Page 508 While sex offenders have previously been required to report accurate information about their place of residence and employment, Illinois lawmakers have added required elements of identification to the list. (730 ILCS 150/3).
Stiffer penalties for speeders on Illinois highways. PA 096-1002 September 2010 Illinois Law Update, Page 452 The Illinois Vehicle Code has been amended by Illinois lawmakers, making stiffer penalties for drivers speeding on Illinois highways. (625 ILCS 5/11-601.5)
Stricter monitoring of sex offenders travel. PA 096-1102 October 2010 Illinois Law Update, Page 508 Illinois lawmakers have acted to further monitor the movements and location of sex offenders in Illinois. (730 ILCS 150/3).
Substitution of Judge as of Right: When Is it Too Late? By Marie C. Fahnert and Tracey Daniels August 2010 Article, Page 422 Substituting a judge as of right - even fairly well into your case - is easier than you might think, and easier in some appellate districts than others. Here's a review.
Supreme court rule changes bring more certainty to custody judgments By Helen W. Gunnarsson April 2010 LawPulse, Page 174 Before, custody orders weren't final and appealable if other issues were pending. Now they are, and that's good for kids, an appellate justice says. But she warns that family lawyers must pay closer attention than ever to appellate rules and deadlines.
Supreme court: contractors can enforce oral home-repair contracts By Helen W. Gunnarsson November 2010 LawPulse, Page 558 The high court looks to a recent revision in the Home Repair and Remodeling Act in holding that a contractor can enforce an oral contract against a homeowner.
Supreme court: HGN testing is good evidence, but not in this case By Helen W. Gunnarsson April 2010 LawPulse, Page 174 In People v McKown, the high court rules that HGN tests meet the Frye standard - if they're administered properly.
Taking Charge in Matrimonial Cases By H. Joseph Gitlin April 2010 Column, Page 216 The winning lawyer is usually the one who takes the initiative.
Taking the Cake By Karen Erger June 2010 Column, Page 322 How to put your temptation-resisting rational brain in charge.