Illinois Bar Journal


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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 What do you tell clients who fear that someone they know and love might pose a threat to himself or others? The news of the shooting of an Arizona congresswoman and 18 others, including a federal judge and a nine-year-old girl, who died, and the arrest of an apparently mentally disturbed unemployed 22-year-old for the acts, horrified all who heard it.
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?