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Articles From 2011

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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 You'll make your judge happy - or at least less unhappy - if you learn some of the unwritten rules that vary by type of case presented and by region.
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.