Illinois Bar Journal


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Articles From 2011

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E-filing comes to Cook County By Helen W. Gunnarsson June 2011 LawPulse, Page 280 The nation's largest unified court system offers the option of electronic filing in most civil cases.
Educational programs to combat religious hate crimes. PA 097-0161. September 2011 Illinois Law Update, Page 440 Illinois lawmakers have amended the Criminal Code to implement educational programs for certain hate crime offenders. (720 ILCS 5/12-7.1).
The electronic courtroom: E-filing and videoconferencing By Helen W. Gunnarsson November 2011 LawPulse, Page 550 The Illinois Supreme Court pursues electronic filing and adopts a rule allowing testimony by videoconference.
Employers may not violate pregnant employees’ civil rights. PA 097-0596. November 2011 Illinois Law Update, Page 556 The Illinois Human Rights Act has been amended to protect pregnant employees (775 ILCS 5/2-102).
Employment opportunities provided for Illinois youths. PA 096-1225 February 2011 Illinois Law Update, Page 72 Illinois lawmakers passed the Community Youth Employment Act in order to provide summer job opportunities for Illinois youths.  
Estate-planning, other implications of the civil union law By Helen W. Gunnarsson January 2011 LawPulse, Page 10 Legally speaking, civil union partners will step into the shoes of spouses in most cases, students of the legislation say.
Estop that Lawsuit: Judicial Estoppel and the Bankruptcy Debtor-Turned-Plaintiff By Christopher B. Lega May 2011 Article, Page 250 Judicial estoppel can derail a plaintiff who filed for bankruptcy but then brought a lawsuit he failed to reveal in the bankruptcy case.
Ethical Issues in Representing Elderly Clients with Diminished Capacity By Kerry R. Peck November 2011 Article, Page 572 When can - and must - you allow your diminished-capacity client to make a decision you advise against? This article explores this and other ethics issues that arise in serving elderly clients.
The Ethical Office: Managing Nonlawyer Staff By Helen W. Gunnarsson December 2011 Article, Page 614 The Rules of Professional Conduct make managing nonlawyer staff a high-stakes business. Find out which rules are most directly implicated and learn how to be a better boss.
Ethics in the age of Twitter By Helen W. Gunnarsson January 2011 LawPulse, Page 10 An ABA ethics commission is looking for suggestions about how to bring the model ethics rules in line with globalization and 21st Century communications technology.
Evaluating Protective Orders for Discovery Materials By Jo Anna Pollock November 2011 Article, Page 576 Litigants often seek protective orders to limit disclosure of clients' sensitive documents during discovery. But be wary of attempts by the requesting party to gain an unfair advantage.
Exceptions to open and obvious danger rule not on point for shopper injured on store property February 2011 Illinois Law Update, Page 72  On December 2, 2010, the Appellate Court of Illinois, Third District, upheld a decision of the Circuit Court of Tazewell County, finding no genuine issue of material fact as to whether the distraction or the deliberate-encounter exception to the open and obvious danger rule applied in the present case.
Executor and estate attorney ordered to repay excessive fees August 2011 Illinois Law Update, Page 388 Fees requested by an executor and attorney for administering an estate were not reasonable under the Probate Act, according to an Illinois Appellate Court.
Exhaustion of Administrative Remedies and the Prison Litigation Reform Act By Beth Prager October 2011 Article, Page 526 District courts must decide whether prisoners have properly exhausted their administrative remedies before allowing their cases to proceed to the merits.
Exile on Face Tweet: Lawyer Networking on Social Media By John G. Locallo September 2011 Column, Page 432 You can't afford not to use Facebook, LinkedIn, and Twitter.
Experience by Appointment By Helen W. Gunnarsson May 2011 Article, Page 238 Though there isn't much money in it, serving as appointed counsel is a way to gain invaluable courtroom experience and remind yourself why you went to law school in the first place.
Exposing Immigration Bias During Voir Dire By David Holland and Gil Lenz February 2011 Article, Page 82 Courts should allow questioning of prospective jurors on immigration-related bias, the authors say. They also suggest questions that can expose immigrant bias during jury selection.
Federal Administrative Law, Part 2: Online CFR and LSA By Tom Gaylord March 2011 Column, Page 156 You can use the online CFR to find the very latest regs and the LSA to verify their accuracy.
Federal Administrative Law Part 3: Agency Decisions and Guidance Documents By Tom Gaylord November 2011 Column, Page 586 Here's how to find these useful resources on the web.
Finding Your Way to in the Courthouse By Helen W. Gunnarsson April 2011 Article, Page 184 How to learn those all-important unwritten rules of courthouse and courtroom practice that vary from circuit to circuit.
Fine raised for imposing absolute liability for misdemeanor crimes. PA 096-1198 July 2011 Illinois Law Update, Page 336 Illinois lawmakers have amended the Criminal Code of 1961 to raise the fine when imposing absolute liability on a person who committed a misdemeanor offense that is not punishable by incarceration (720 ILCS 5/4-9).
First-time misdemeanor violators of the Use of Intoxicating Compounds Act may elect to receive treatment. PA 096-1440. July 2011 Illinois Law Update, Page 336 The Alcoholism and Other Drug Abuse and Dependency Act has been amended and expanded to allow not only addicts or alcoholics convicted of a crime but also first-time misdemeanor violators of the Use of Intoxicating Compounds Act to choose to receive treatment under the supervision of a designated licensed program. (20 ILCS 301/40-5; 720 ILCS 690/4).
The Five Biggest Business Mistakes Lawyers Make By Helen W. Gunnarsson September 2011 Article, Page 444 Too many lawyers - especially new ones - undervalue their services. It's a short-sighted approach that can lead to big trouble, this lawyer argues.
Friending Your Enemies, Tweeting Your Trials: Using Social Media Ethically By Helen W. Gunnarsson October 2011 Article, Page 500 A look at the special ethical challenges that arise when lawyers use Facebook, Twitter and the like and how to address them.
Gifts of income subject to Medicaid asset transfer policies March 2011 Illinois Law Update, Page 124 On December 28, 2010, the Appellate Court of Illinois, Fourth District, reversed a decision of the Circuit Court of Sangamon County, finding that "gifts of income" are subject to the asset transfer policies of the federal Medicaid statute (see 42 USC § 1396p (2006)).
Gimme shelter By Helen W. Gunnarsson March 2011 LawPulse, Page 118 A look at the legal issues public and private animal shelters face.  
Good Samaritans at building evacuation scenes not subject to civil liability absent willful and wanton misconduct. PA 096-1169 May 2011 Illinois Law Update, Page 228 Illinois lawmakers have amended the Good Samaritan Act to exempt from civil liability persons who provide free emergency care at building evacuation scenes. (745 ILCS 49/71 new).
Goodbye to the “Conspiracy” Theory of Personal Jurisdiction? By Stephen A. Wood and James M. Reiland January 2011 Article, Page 28 Goodbye to the "Conspiracy" Theory of Personal Jurisdiction?
A Guide to the New Illinois Civil Union Law By Richard A. Wilson May 2011 Article, Page 232 Beginning June 1, Illinois' civil union law confers most of the rights of marriage on parties to a civil union. But federal prohibitions impose important limits. Find out how the new law works.
Guidelines for the administration of grants to Green Manufacturing projects. PA 096-1413 August 2011 Illinois Law Update, Page 388 The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois has been amended to establish guidelines for the administration of the Green Manufacturing Grant Fund. 20 ILCS 605/605-524.