2013 Articles

Government contract procurement policies amended to accommodate ebids

August
2013
Illinois Law Update
, Page 392
Effective April 19, 2013, the Chief Procurement Officer (the "CPO") for the Illinois Department of Transportation (the "Department") amended the Illinois government procurement and contract provisions, largely in part to accommodate electronic bids ("ebids") by summer 2013. 44 Ill. Adm. Code 6.

A Guide to the Confrontation Clause

By Geoffrey Burkhart
June
2013
Article
, Page 304
When does the Sixth Amendment require prosecutors to produce a live witness rather than an out-of-court statement against a defendant? Here's a look at the latest developments.

A Guide to the Illinois Service Member Civil Relief Act

By Grant T. Swinger
September
2013
Article
, Page 478
Illinoisans in the military - especially reservists - enjoy additional consumer rights designed to protect them while they answer the call to duty. Find out how the SMCRA works.

Happiness Tips from Seligman and Ziglar

By Hon. Ron Spears
August
2013
Column
, Page 432
You can be both happy and healthily pessimistic.

Health care lawyers prep for medical marijuana law

By Adam W. Lasker
June
2013
LawPulse
, Page 278
Health care lawyers prepare to counsel doctors, hospitals, and others how not to run afoul of the "Medical Cannabis" bill.

Health Care Reform: Lawyers are Employers and Consumers, Too

By Janan Hanna
December
2013
Article
, Page 616
What does the Affordable Care Act mean to law firms as employers and lawyers as consumers? Here's a thumbnail sketch.

Hearsay allowed in murder trial under domestic violence exception

By Adam W. Lasker
January
2013
LawPulse
, Page 10
The Illinois Appellate Court ruled recently that hearsay evidence is admissible in a murder trial under a statutory exception for domestic violence prosecutions.

The high court bars a suit filed against dead defendant

By Adam W. Lasker
December
2013
LawPulse
, Page 606
After the defendant died, the plaintiff in a car-accident case failed to sue the estate's "personal representative." That meant the court lacked jurisdiction, the supreme court ruled.

High court: security officers can detain drivers, issue citations on private roads

By Adam W. Lasker
March
2013
LawPulse
, Page 118
The majority says it makes no sense to allow a homeowner's association to build roads but not regulate traffic on them. Critics say the ruling raises more questions than it answers.

Home rule rules, says the Illinois Supreme Court

By Adam W. Lasker
June
2013
LawPulse
, Page 278
Ordinances enacted by home rule municipalities trump state statutes unless the state expressly exercises exclusive control, the supreme court rules in a condo case.

Home-brewing rules added to the Liquor Control Act. PA 098-0055

September
2013
Illinois Law Update
, Page 452
The Liquor Control Act of 1934 has been amended to account for the increasingly popular practice of "home-brewing."

How Do I Research That? Find a LibGuide

By Tom Gaylord
March
2013
Column
, Page 158
The LibGuide system connects to thousands of free research guides.

How Not to Be a Victim of Law Firm Embezzlement

By Janan Hanna
September
2013
Cover Story
, Page 456
Employee theft is an all-too-common occurrence. Experts advise lawyers how not to be victims.

Illinois bans using hand-held cellphones behind the wheel

By Adam W. Lasker
October
2013
LawPulse
, Page 498
Effective January 1, Illinois drivers can't legally hold cellphones to their ears and talk. But lawyers and others who have the right technology can still communicate while on the road.
1 comment (Most recent September 25, 2013)

Illinois high court affirms criminal contempt convictions of E2 nightclub owners

By Adam W. Lasker
May
2013
LawPulse
, Page 222
The Illinois Supreme Court reversed a ruling that vacated criminal contempt convictions against the owners of a Chicago nightclub where 21 people were killed in a stampede.

Illinois lawmakers revive overturned armed robbery sentencing enhancement

By Adam W. Lasker
July
2013
LawPulse
, Page 330
After the high court held a sentencing enhancement unenforceable because its penalty was tougher than that of a second law with the same elements, lawmakers changed the elements of the second law and thereby revived the first.

Illinois residents may purchase ammunition in Illinois through the mail. PA 097-1135

February
2013
Illinois Law Update
, Page 72
Illinois lawmakers have amended the Hospital Licensing Act's required minimum procedures regarding "clinical privilege determinations" for hospitals' current medical staff members. 210 ILCS 85/10.4.

The Illinois Secretary of State may issue driver’s licenses to undocumented immigrants. PA 097-1157

May
2013
Illinois Law Update
, Page 228
Illinois lawmakers have amended the Illinois Vehicle Code to allow the Secretary of State to issue temporary driver's licenses to persons without documentation authorizing their presence in the United States. 625 ILCS 5/6-105.1.

Illinois Supreme Court allows interlocutory appeals of suppression orders in juvenile cases

By Adam W. Lasker
September
2013
LawPulse
, Page 446
The supreme court rule change allowing interlocutory appeals remedies "a systemic problem for both prosecutors and defendants for decades," a commentator says.

The Illinois Supreme Court nixes the Amazon tax

By Adam W. Lasker
December
2013
LawPulse
, Page 606
The supreme court invalidated an Illinois law requiring out-of-state retailers to pay Illinois use tax on Internet-based sales, ruling that it was preempted by the federal Internet Tax Freedom Act.

Illinois Supreme Court recognizes doctrine of equitable adoption

By Adam W. Lasker
May
2013
LawPulse
, Page 222
If parents treat a child they have not legally adopted as their own, he can pursue an inheritance even in the absence of their express or implied contract to adopt him, the high court rules.

Implementation of standards of service and customer credits for telecommunication carriers

January
2013
Illinois Law Update
, Page 16
The Illinois Commerce Commission (the "ICC") adopted new standards for telecommunication carriers implementing service quality and customer credit standards. 83 Ill. Adm. Code 737.

Implementation of the Appraisal Management Company Registration Act

May
2013
Illinois Law Update
, Page 228
Newly enacted section 1452 of Title 68 of the Illinois Administrative Code, promulgated by the Department of Financial and Professional Regulation (the "Department"), is directed towards appraisal services and specifies rules implementing provisions of the Appraisal Management Company Registration Act, 225 ILCS 459. 68 Ill. Adm. Code 1452.

Implementing rules for landscape waste composting and on-farm composting facilities

February
2013
Illinois Law Update
, Page 72
Recently adopted administrative rules regulate the issuance of permits for maintenance of waste composting areas or facilities that exceed applicable rates.

In-line skaters subject to new requirements and allowances on public roadways. PA 097-1023

January
2013
Illinois Law Update
, Page 16
The Illinois Vehicle Code now includes a detailed definition of in-line speed skates (625 ILCS 5/1-131.5 new) and amends the definition of pedestrian to include a person wearing in-line speed skates.

Increased juvenile delinquency age. PA 098-0061

September
2013
Illinois Law Update
, Page 452
The Juvenile Court Act of 1987 has been amended, changing the definition of a juvenile delinquent to minors before their 18th birthday, raising the age limit a full year. 705 ILCS 405/5-105.

Increased medical license fees. PA 098-0003

September
2013
Illinois Law Update
, Page 452
The Medical Practice Act has been amended to increase the various fees for state licensure.

Interpreting federal statutes in state court: the high court speaks

By Adam W. Lasker
April
2013
LawPulse
, Page 170
What happens when state and federal courts disagree about how to interpret a federal statute? The Illinois Supreme Court tackled this difficult question in a recent ruling.

The ISBA and Issues of the Day

By John E. Thies
March
2013
Column
, Page 116
The ISBA has always addressed the most important legal issues.

ISBA Programs and Projects: Looking Ahead, Looking Back

By John E. Thies
February
2013
Column
, Page 64
The Bar Leadership Conference and Lawyers Feeding Illinois are coming up, and the ISBA Midyear Meeting was a success.