Publications

Articles From 2011

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Junk-fax statute enforceable by private lawsuit

By Helen W. Gunnarsson
July
2011
LawPulse
Page 330
In Italia Foods, the Illinois Supreme Court found that the federal junk-fax statute is enforceable by private litigants in Illinois.

Juror Questions During Trial: An Idea Whose Time Has Come Again

By Stephen R. Kaufmann and Michael P. Murphy
June
2011
Article
Page 294
Allowing jurors to ask questions during trial would keep the jury engaged and give lawyers a chance to refine their cases in response to juror queries, the authors argue.

Juvenile Court Act gives court authority to determine independent basis of abuse or neglect

April
2011
Illinois Law Update
Page 180
On February 4, 2011, the Appellate Court of Illinois, First District, affirmed a decision of the Circuit Court of Cook County, holding that the Juvenile Court Act of 1987 (705 ILCS 405/1-1 et seq) confers upon the court authority to determine that "'an independent basis of abuse, neglect, or dependency' exists, without strictly adhering to the procedural requirements for neglect petitions in Article II of the Act." K.D. at *1, quoting 705 ILCS 405/5-710 (1)(a)(iv).

K. Miller: The Supreme Court and the Home Repair and Remodeling Act

By Barbara A. Farrell
June
2011
Article
Page 302
The Illinois Supreme Court interpreted the old Home Repair and Remodeling Act in light of the newly amended version and rendered a contractor-friendly decision.

Law expanded for police to seize vehicles operated in violation of law. PA 096-1289

April
2011
Illinois Law Update
Page 180
State lawmakers recently expanded offenses for which police may seize a vehicle. Vehicles, vessels, and aircrafts operated in Illinois are subject to seizure if the owner knows and consents to the use and that use violates certain laws. (720 ILCS 5/36-1).

Lawyers Making A Difference for Juvenile Justice Reform, Part III

By Mark D. Hassakis
April
2011
Column
Page 172
More about Illinois lawyers committed to juvenile justice reform.

Legal Tech: Here Today, More Tomorrow

By John G. Locallo
July
2011
Column
Page 328
ISBA's new president outlines his year to come.

The lesson of George Ryan v U.S.

By Helen W. Gunnarsson
September
2011
LawPulse
Page 434
It's this, according to a criminal defense lawyer and court watcher: You shouldn't hesitate to argue alternative, even esoteric, bases for relief to create a record for appeal.

Licensed health care workers now subject to actions concerning sex crimes. PA 097-0156.

September
2011
Illinois Law Update
Page 440
The Department of Professional Regulation Law of the Civil Administrative Code of Illinois has been amended to establish health care worker licensure actions relating to sex crimes (20 ILCS 2105/2105-165 new).

Life Insurance Proceeds Are Exempt From Creditors - Or Are They?

By Thomas A. Pasquesi and Thomas M. Badenhausen
May
2011
Article
Page 254
The law exempts life insurance policy proceeds from the claims of a decedent-insured's creditors. But exceptions give creditors an opportunity to recover.

The Limits on Legislative Power to Withhold Subject Matter Jurisdiction

By Professor Jeffrey A. Parness
June
2011
Column
Page 316
The supreme court underscores the limits on the power to decide which cases courts can hear.

Liquor sale licenses may be issued for premises located near schools. PA 097-0009

August
2011
Illinois Law Update
Page 388
The Liquor Control Act of 1934 has been amended to allow the issuance or renewal of alcoholic liquor sale licenses for retail premises located within 100 feet of schools under certain conditions. 235 ILCS 5/6-11.

LLC formation in Illinois or Delaware: What’s Best for Your Client?

By Elizabeth A. Prendergast
September
2011
Article
Page 468
A look at key differences between the Illinois and Delaware LLC statutes and how they might affect hypothetical clients.

Looking at 2011 and Beyond

By Mary Cascino and Katarinna McBride
November
2011
Column
Page 584
A late-2011 look how recent rulings should influence your estate-planning advice.

Looking for Federal Government Documents? Try FDsys

By Tom Gaylord
May
2011
Column
Page 264
The U.S. Government Printing Office's FDsys website is a great place to find documents, too.

Loose-Lipped Jurors in the Facebook Age: What Courts Can Do About Unauthorized Electronic Communication

By Jasmine Villaflor Hernandez and Jessica LeeAnn Cummings
July
2011
Article
Page 344
Inappropriate posting, texting, and tweeting by jurors can wreak havoc with the trial process.

Maintenance, Support, and Underemployed Payors

By Burton S. Hochberg and Kimberly A. Cook
January
2011
Article
Page 24
Is your client's ex unwilling to get work or deliberately taking a lesser-paying job to avoid paying support or maintenance?
Here are resources and remedies you need to know about.

Mandatory performance evaluations for circuit, associate judges

By Helen W. Gunnarsson
April
2011
LawPulse
Page 174

Marital Property: Making the Pie Larger

By Professor H. Joseph Gitlin
July
2011
Column
Page 367
Employer-based health insurance should be treated as marital property.

Medical schools may hire private entities to conduct criminal history record checks on matriculates. PA 096-1044.

July
2011
Illinois Law Update
Page 336
Illinois lawmakers have amended the Medical School Matriculate Criminal History Records Check Act to allow medical schools to hire private entities to check the criminal history records of matriculates. (110 ILCS 57/10; 110 ILCS 57/15).

Medically necessary physical therapy and occupational therapy covered under state employee benefits program. PA 096-1227

February
2011
Illinois Law Update
Page 72
Illinois lawmakers have amended the State Employees Group Insurance Act of 1971 to expand the state employee benefits program to cover medically necessary physical therapy and occupational therapy. 5 ILCS 375/6.11A.

Meeting MCLE requirements just got a little easier

By Helen W. Gunnarsson
November
2011
LawPulse
Page 550
Among other welcome changes, rule revisions allow new admittees to meet their initial requirement by participating in mentoring and remove the fee for claiming credit for writing and teaching.

Mind the gap: Illinois taxes estates over $2 million

By Helen W. Gunnarsson
February
2011
LawPulse
Page 66

Miranda: Youth a factor in determining whether interrogation is “custodial”

By Helen W. Gunnarsson
August
2011
LawPulse
Page 382
The U.S. Supreme Court holds that a subject's youth matters when determining whether a Miranda warning is required - a conclusion the Illinois Supreme Court came to years ago.

Mistaken good faith belief about law does not support probable cause for traffic stop

May
2011
Illinois Law Update
Page 228
A police officer's good faith but mistaken belief about the law does not support probable cause to initiate a traffic stop, according to an Illinois Court of Appeals. The court affirmed a decision to suppress evidence, which was the result of a traffic stop initiated when an officer believed the defendant violated a traffic law but was mistaken about what the law actually prohibited.

The Monitored Device Driving Permit: What Practitioners Need to Know

By Larry A. Davis
October
2011
Article
Page 506
Illinois replaced the judicial driving permit with the monitored device driving permit ("MDDP"), which requires a large number of DUI offenders to use a breath interlock device. This article reviews the law and recent changes.

More Lawyers Making A Difference for Juvenile Justice

By Mark D. Hassakis
March
2011
Column
Page 116
We continue our look at Illinois lawyers helping to transform our juvenile justice system.

Motion(al) intelligence

By Helen W. Gunnarsson
February
2011
LawPulse
Page 66

Navigating the Illinois Nursing Home Care Act

By Catherine D. Battista
February
2011
Article
Page 92
This how-to for practitioners filing claims under the NHCA shows how they are often easier to bring than traditional medical malpractice or healing arts claims.

New bill eases substitute visitation for servicemembers; “visitation abuse” bill defeated

By Helen W. Gunnarsson
December
2011
LawPulse
Page 604
A look at the contrasting fates of bills designed to 1) ease custody and visitation for deployed servicemembers and 2) increase penalties for visitation abuse.

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