Publications

Articles From 2011

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Pages

Trace amount of methamphetamine supports aggravated DUI conviction

By Helen W. Gunnarsson
June
2011
LawPulse
Page 280
After People v Martin, the state need only prove that the driver who causes a fatal accident had methamphetamine in his system, not that it impaired his performance.

Transfer fee covenants prohibited. PA 096-1345

January
2011
Illinois Law Update
Page 16
The Illinois General Assembly has prohibited transfer fee covenants, declaring them an impairment of the marketability and transferability of property.

The Transfer on Death Instrument Comes to Illinois

By Charles G. Brown
December
2011
Article
Page 618
Effective January 1, Illinois law gives your clients a convenient way to transfer residential real estate outside of probate. Here's a review of the new law by one of its drafters.

Transforming Juvenile Justice: Lawyers Making A Difference

By Mark D. Hassakis and Lisa Jacobs
February
2011
Column
Page 64
Transforming Juvenile Justice: Lawyers Making A Difference

A trial de novo provision in an insurance policy did not violate public policy and was not unconscionable

July
2011
Illinois Law Update
Page 336
A provision allowing either party in an insurance contract to demand a de novo review by a trial court following arbitration is not unenforceable when it appears in an under-insured motorist policy according to a new holding from the Illinois Supreme Court.

Tweeting the law

By Helen W. Gunnarsson
August
2011
LawPulse
Page 382
Lawyers, bar associations, courts, and others use Twitter to push out news, cases, job openings, and more.

Two-year limitation on claims under insurance policy violates Illinois public policy

November
2011
Illinois Law Update
Page 556
On August 30, 2011, the Appellate Court for the Third District of Illinois reversed a circuit court's denial of a motion to compel arbitration.

Unpaid Condominium Assessments - Who’s on the Hook?

By Joseph R. Fortunato
April
2011
Column
Page 208
To what extent are purchasers of a condominium unit at a foreclosure sale liable to an association for unpaid assessments?

Update of the Elder and Neglect Program

August
2011
Illinois Law Update
Page 388
The Department on Aging updated the Elder and Neglect Program. 89 Ill Adm Code 270. Some key new sections and amendments will be examined in this article, but the entire section should be consulted to see all updated rules.

Using Requests to Admit to Prove Medical Expenses

By Christ S. Stacey
September
2011
Article
Page 456
Plaintiffs use requests to admit to establish the reasonableness of medical bills. A recent appellate case holds that defendants must either admit or deny the request or explain why they can't.

Vailas: An Ill-Conceived Limit on Modifying Child Support Orders

By Professor Jeffrey A. Parness
March
2011
Column
Page 160
While Vailas' goal of protecting nonresidents is laudable, the approach it took commands too high a price.

Vehicle drivers must stop when pedestrian crosses street on vehicle’s side of road. PA 096-1165

May
2011
Illinois Law Update
Page 228
The Illinois Vehicle Code has been amended to require vehicle drivers to stop the vehicle and yield the right-of-way to a pedestrian crossing a crosswalk on the vehicle's side of the road when there are no traffic control signals in operation. (625 ILCS 5/11-1002).

Vehicle lessors not liable for automated traffic law enforcement system violations by lessees. PA 097-0029

October
2011
Illinois Law Update
Page 496
Illinois lawmakers have amended the Illinois Vehicle Code to relieve vehicle owners who leased their motor vehicles under a written lease agreement from liabilities for automated traffic law enforcement system violations. (625 ILCS 5/11-208.6).

Vendor-neutral citation comes to Illinois

By Helen W. Gunnarsson
July
2011
LawPulse
Page 330
Beginning July 1, the official version of Illinois opinions will be published publicly on the court's website, not privately in bound volumes.

Video conferencing now permitted in some hearings. PA 096-1321

January
2011
Illinois Law Update
Page 16
Illinois lawmakers have amended the Mental Health and Developmental Disability Code to allow for video conferencing during hearings held pursuant to the act. 405 ILCS 5/3-806.1.

Video transmitting equipment now allowed inside a vehicle. PA 097-0499

December
2011
Illinois Law Update
Page 610
Illinois lawmakers have amended the Illinois Vehicle Code to allow drivers to operate vehicles that have video transmitting equipment permanently installed as long as the driver is unable to see the equipment displays while driving. (625 ILCS 5/12-604.1)

A Visit to the Academy

By Hon. Ron Spears
August
2011
Column
Page 420
Dispatches from a four-day seminar on the impact of poverty and wealth on justice.

“What happened?” How to talk to a found-guilty defendant

By Helen W. Gunnarsson
August
2011
LawPulse
Page 382
What do you say to the criminal defendant who wonders why the judge or jury found him guilty? Two seasoned lawyers offer their thoughts.

What if it Were Your Child?

By Mark D. Hassakis and Lisa Jacobs
January
2011
Column
Page 8
What would "the system" look like if we designed it for our children?

What judges want

By Helen W. Gunnarsson
April
2011
LawPulse
Page 174

What Price Justice? The County Board Wants to Know

By Hon. Ron Spears
May
2011
Column
Page 260
How much process is due a criminal defendant? It's a dollars-and-cents question.

What’s the best way out of an ethical pickle?

By Helen W. Gunnarsson
December
2011
LawPulse
Page 604
Taking quick remedial action and preemptive self-reporting can be the best way to handle a disciplinable blunder, ethics authorities advise.

Who Posted That? Anonymous Online Speech and the First Amendment

By Sarah A. Smith
April
2011
Article
Page 194
There's a trend in defamation litigation to use pre-suit discovery procedures to uncover the identities of anonymous online commenters. The author considers the implications.

Why Calendars Matter - and Why I’m Going Back to Analog

By Karen Erger
October
2011
Column
Page 534
Sometimes the best technology is good old pen and paper.

Why Commercial Landlords Should Stop Worrying and Learn to Love Arbitration

By Shorge Sato
March
2011
Article
Page 144
The Illinois Supreme Court's Carter decision holds that arbitration provisions can trump the statutory right to a jury trial contained in the Forcible Entry and Detainer Act, this author argues.

The Year That Was

By Mark D. Hassakis
June
2011
Column
Page 276
From juvenile justice reform to Lawyers Rock Legends, this has been a year to remember.

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