Publications

Articles From 2011

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Guilty Pleas and Parole: A Practitioner’s Guide to People v Whitfield

By Geoffrey Burkhart
November
2011
Article
Page 580
Whitfield creates a remedy for defendants who took negotiated pleas without being told they must also do "mandatory supervised release" (aka parole). This article explores the law.

“He Remembers His Roots”

By Helen W. Gunnarsson
February
2011
Article
Page 76
A former legal aid lawyer and sole practitioner from rural beginnings settles into the role of Illinois' chief justice.

Health Care Reform: the Constitutional Challenge to the Individual Mandate

By Brian J. McKenna and Nancy K. McKenna
May
2011
Article
Page 246
The individual mandate, which penalizes the failure to buy health insurance, is at the heart of the constitutional challenges to health care reform. Here's a reader-friendly guide to the arguments.

Heightened penalties for public indecency, sexual exploitation of child if committed near school grounds. PA 096-1098

January
2011
Illinois Law Update
Page 16
Under the newly amended Criminal Code of 1961, it is now a Class 4 felony for a person 18 years of age or older to commit public indecency or sexual exploitation of a child within 500 feet of elementary or secondary school grounds when children are present. (720 ILCS 5/11-9; 720 ILCS 5/11-9.1)

Hey, Kids, Let’s Start a Law Firm

By Karen Erger
December
2011
Column
Page 640
An interview with a lawyer who did just that.

Hiring How-Tos, Firing Fundamentals

By Helen W. Gunnarsson
March
2011
Article
Page 130
Recruiting employees and letting them go are both fraught with legal pitfalls. Here's how you can help your clients and your own firm avoid HR missteps.

Hospital licensing compliance requirements amended

February
2011
Illinois Law Update
Page 72
The Illinois Department of Public Health recently amended licensing requirements for Illinois hospitals. 77 Ill Adm Code 250.

Hot Button Civil Evidence Issues: The 2011 Allerton Conference

By Jeffrey A. Parness
December
2011
Article
Page 632
This year's Allerton Conference focused on electronic evidence, spoliation, and other important topics not squarely addressed by Illinois' recent evidence-rules codification.

Hotels now required to install smoke detectors. PA 097-0447.

November
2011
Illinois Law Update
Page 556
The Smoke Detector Act has been amended to require hotels to install at least one approved smoke detector within 15 feet of every guestroom. (425 ILCS 60/3).

How to Be a Good Closer

By Helen W. Gunnarsson
June
2011
Article
Page 290
In baseball and residential real estate practice alike, it often comes down to the last inning when a lights-out closer can make the difference. Here are tips from veteran lawyers about what you might encounter at a real estate closing and how to handle it.

Hutsell: Parents not liable for death of underage DUI driver

By Helen W. Gunnarsson
July
2011
LawPulse
Page 330
The high court held that parents who hosted a party did not voluntarily undertake the duty to prevent underage drinking.

Illinois Estate Planning in Uncertain Times

By Steven E. Siebers
September
2011
Article
Page 448
What happens if the federal estate tax exclusion goes back to $1 million? What are the implications of decoupling the Illinois from the federal tax? A look at these and other questions.

Illinois Identification Cards may be issued without photographs for religious reasons. PA 097-0371

October
2011
Illinois Law Update
Page 496
Illinois lawmakers have amended the Illinois Identification Card Act to authorize the Secretary of State to issue Illinois Identification Cards or Illinois Disabled Person Identification Cards without photographs under certain circumstances. (15 ILCS 335/4, 335/5).

Illinois Supreme Court Rule Changes: The Year So Far

By Michele M. Jochner
October
2011
Article
Page 520
From new IOLTA rules to a new official citation system, a range of important supreme court rule changes took effect from January through September of 2011.

Illinois Vehicle Code amended to change restrictions on vehicle window tinting. PA 096-1056.

July
2011
Illinois Law Update
Page 336
Vehicle owners may tint or treat vehicle windows immediately adjacent to each side of the driver if the manufacturer of the vehicle originally installed the rear windows with nonreflective smoked or tinted glass.

Illinois Vehicle Code amended to raise Class B misdemeanor threshold for highway speeding. PA 096-1507

April
2011
Illinois Law Update
Page 180
It is now a Class B misdemeanor to drive between 31 miles and 39 miles per hour in excess of the maximum speed limit on an Illinois highway. (625 ILCS 5/11-601.5).

“I’m worried my child might hurt someone”

By Helen W. Gunnarsson
March
2011
LawPulse
Page 118

Immigration Law: The End of the Widow’s Penalty

By Dhenu Savla and Tejas Shah
July
2011
Article
Page 362
A recent change to the law allows specified family members of deceased U.S. citizens and legal permanent residents to become permanent residents.

Implementation of Angel Investment Credit Program

September
2011
Illinois Law Update
Page 440
The Department of Commerce and Economic Opportunity enacted rules to implement the Angel Investment Credit Program. 14 Ill Adm Code 531. Key new rules will be examined in this article, but the entire section should be consulted to understand all the aspects of the new program. The amended rules became effective on June 1, 2011.

Implementation of torture allegation investigations

December
2011
Illinois Law Update
Page 610
The Illinois Torture Inquiry and Relief Commission ("TIRC") was recently created as authorized by §775 of the Illinois Torture Inquiry and Relief Commission Act [775 ILCS 40].

Implementing grievance procedures under the Americans with Disabilities Act

August
2011
Illinois Law Update
Page 388
The Illinois Office of the State Appellate Defender (Office) adopted new rules for grievance procedures under the Americans with Disabilities Act (ADA) and authorized by the State Appellate Defender Act. 4 Ill Adm Code 2100.

Implementing standard nonforfeiture law for life insurance

October
2011
Illinois Law Update
Page 496
The Illinois Department of Insurance recently adopted new rules for reasonable nonforfeiture benefits in the event a consumer decides to terminate certain life insurance policies as authorized by section 229.2 of the Illinois Insurance Code [215 ILCS 5/229.2].

Implementing the Illinois Athlete Agents Act

October
2011
Illinois Law Update
Page 496
The Illinois Department of Financial and Professional Regulation recently enacted rules to implement the Illinois Athlete Agents Act [225 ILCS 401].

Increased fines for DUI offenders. PA 096-1342

August
2011
Illinois Law Update
Page 388
The Illinois Vehicle Code has been amended to increase the fine for anyone who is found guilty of or pleads guilty to driving under the influence. 625 ILCS 5/11-501.01.

Insurance company not required to pay attorney fees because actions were reasonable part of bona fide defense

March
2011
Illinois Law Update
Page 124
On December 28, 2010, the Appellate Court of Illinois, Third District, granted a motion for summary judgment after an insured sought private attorney's fees from her insurance company in the wake of a car accident and the ensuing litigation.

Is the Illinois Eavesdropping Act unconstitutional? The saga continues…

By Helen W. Gunnarsson
December
2011
LawPulse
Page 604
Defendants being prosecuted under the Illinois Eavesdropping Act for recording police and other public officials are fighting back, thus far with mixed success.

Is the Law You Cite Authenticated? Does It Matter?

By Tom Gaylord
January
2011
Column
Page 48
Should the government, not vendors, produce "official" versions of the law?

It is now unlawful to ride in towed vehicles. PA 097-0017

October
2011
Illinois Law Update
Page 496
Illinois lawmakers have amended the Illinois Vehicle Code to make it unlawful to ride in any vehicle while it is being towed on a public highway. (625 ILCS 5/11-1408)

A Judge’s Obligation to Learn the Law

By H. Joseph Gitlin
October
2011
Column
Page 537
Judicial discretion gives judges tremendous power - and a heavy responsibility.

A judge’s perspective on pro se litigants

By Helen W. Gunnarsson
June
2011
LawPulse
Page 280
How far may - and should, and must - a judge go in helping a pro se litigant have his or her day in court?

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