Illinois Bar Journal


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Articles From 2014

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Helping Employers Avoid Harassment and Retaliation Claims By Daniel Myerson April 2014 Article, Page 188 A clear chain of command and well-drafted anti-harassment policies can help employers ward off retaliation and hostile work environment claims.
High court: ‘sole insured’ can’t be excluded from vehicle liability coverage By Janan Hanna February 2014 LawPulse, Page 62 The Illinois Supreme Court ruled recently that it violates public policy for an auto insurer to exclude from coverage the owner of the vehicle who is also the only named insured.
Holiday Greetings By Richard D. Felice December 2014 Column, Page 564 From Rick, Umberto, Vince, Russ, and Paula A special thanks to our members of the Illinois State Bar Association family. Hope your holidays are full of joy, family, friends, and happiness, with all the best in the New Year.
Home-care service record-keeping requirements May 2014 Illinois Law Update, Page 220 The Department on Aging now mandates that all in-home service providers maintain electronic visit verification records to confirm the work of all home-care aids. 89 Ill. Adm. Code 240 (eff. Feb. 21, 2014).
Human trafficking victims can assert tattoo removal cost losses July 2014 Illinois Law Update, Page 320 Under the Victim Compensation Tattoo Removal Act, the definition of "pecuniary loss" now includes the costs incurred in hiring a licensed professional to remove a trafficking tattoo.
Hunting licenses for adolescents June 2014 Illinois Law Update, Page 272 The Illinois Wildlife Code has been amended to authorize Illinois residents that are 16 years of age or under to acquire a Youth Hunting License.
IBF, law schools team up to fund public-interest jobs for new grads By Janan Hanna February 2014 LawPulse, Page 62 The Illinois Bar Foundation will share costs with three Illinois law schools of hiring a recent graduate to work in each school's legal aid clinic.
IEPA to consider issuing beneficial use determinations for asphalt shingle recycling May 2014 Illinois Law Update, Page 220 The Illinois Environmental Protection Agency (IEPA) may make determinations that materials normally required to be managed as waste be managed as non-waste if the material will be used beneficially and "in a manner that is protective of human health and the environment."
If: The Ethical Obligations of Subordinate Lawyers By Karen Erger October 2014 Column, Page 502 Subordinate lawyers have to exercise independent judgment, even if it means standing up to a supervising lawyer.
Illegal wildlife possession May 2014 Illinois Law Update, Page 220 The Wildlife Code has also been amended to prohibit the possession of any species, or parts thereof, taken illegally in Illinois, or any other location, regardless of whether the species is indigenous to Illinois.
Illinois Supreme Court strikes down regulations on the situs for local sales taxes February 2014 Illinois Law Update, Page 68 On November 21, 2013, the Illinois Supreme Court held that certain Illinois Department of Revenue ("DOR") regulations setting situs for tax liability under retail occupation taxes ("ROTs") where purchase orders are accepted were invalid.
Illinois Vehicle Code relaxes proof of registration requirements November 2014 Illinois Law Update, Page 524 Under the Illinois Vehicle Code, the general rule is that no person is permitted to operate a vehicle on any Illinois highway if he or she does not demonstrate proper evidence of registration.
I’m a GAL – How Do I Get My Fee? March 2014 Column, Page 150 ISBA lawyers offer advice about what to do when parents can't or won't pay your fees for serving as guardian ad litem of a child.
Implicit Bias in the Courts By Justice Michael B. Hyman January 2014 Article, Page 40 Implicit bias and stereotypes can affect the fairness of legal proceedings. It's important for lawyers and judges to examine unconscious attitudes and their hidden dangers.
Increased fees for plumber licensure December 2014 Illinois Law Update, Page 572 The Department of Public Health has adopted amendments to the Plumbers Licensing Code in accordance with recommended changes from the Plumbing Code Advisory Council. 68 Ill. Adm. Code 750 (eff. Sept. 23, 2014).
Increased issuance of water supply construction permits September 2014 Illinois Law Update, Page 424 According to the EPA's adopted amendment, the agency will issue public water supply construction permits despite an applicant's previous violations of the Illinois Environmental Protection Act. 35 Ill. Adm. Code 652 (eff. June 30, 2014).
Increased oversight for medical therapy and imaging services August 2014 Illinois Law Update, Page 372 New quality assurance and oversight standards for computed tomography ("CT"), radiation therapy, electronic brachytherapy, and digital imaging went into effect on May 29, 2014. 32 Ill. Adm. Code 360.
The incredible, unciteable Rule 23 order By Matthew Hector October 2014 LawPulse, Page 466 Lawyers can cite magazine articles like the one you're reading in their pleadings and briefs - why can't they cite Rule 23 orders?
Injured workers may have more options for recovering damages September 2014 Illinois Law Update, Page 424 The Workers' Compensation Act is amended to alter the circumstances under which an injured employee may seek damages from a service organization associated with the employer, his insurer, or his broker.
IRS removes tax break for some employer health-care reimbursement schemes By Janan Hanna February 2014 LawPulse, Page 62 In years past, employers who don't offer medical plans to employees got a tax advantage for reimbursing some of their medical expenses. The IRS has greatly restricted that tax break.
Is Discharging Student Loan Debt in Bankruptcy Getting Easier? By Paul B. Porvaznik November 2014 Article, Page 540 The "undue hardship" standard for discharging student loan debt is hard to meet. But cases from across the country suggest the tide may be turning in favor of a more relaxed, fact-specific test.
ISBA dramatically expands free CLE program choices for members By Adam W. Lasker January 2014 LawPulse, Page 10 Beginning in 2014, ISBA's entire online CLE catalog will be available to members at no charge, expanding the freely available programming from 35 to 550 hours.
ISBA ethics opinion: lawyers may advise clients on medical marijuana By Matthew Hector December 2014 LawPulse, Page 566 A new ISBA advisory opinion says that lawyers can advise clients in the medical marijuana business and counsel local governments about zoning for cultivation centers and dispensaries.
ISBA Governance: Is it Time for Change? By Vincent F. Cornelius, Celia Gamrath, and Tim Chorvat November 2014 Article, Page 536 Are the ISBA's 27-member Board of Governors and 203-member Assembly too large for today's association environment? ISBA governance is under review.
ISBA’s Solo & Small Firm Practice Institute By Richard D. Felice September 2014 Column, Page 416 Great practice-oriented programming is coming to a venue near you.
Join the ISBA President’s Club By Richard D. Felice November 2014 Column, Page 516 Join the President's Club - and the elite Founders Circle - and help the ISBA do even more.
Judicial Independence: Two Westerns and a Promise By Hon. Ron Spears February 2014 Column, Page 98 Sometimes judges have to make a lonely stand against the majority.
Juries in the Age of Voir Google By Hon. Ron Spears August 2014 Column, Page 402 Lawyers are using Internet to research prospective jurors.
Jury demand in original complaint transfers to third-party claims assigned to the original plaintiff November 2014 Illinois Law Update, Page 524 On August 18, 2014, the Second District Appellate Court of Illinois held that a plaintiff's original jury demand covered a third-party claim against an insurer that had been assigned to the plaintiff as part of a settlement agreement.
Just Say ‘Know’ to Dabbling By Karen Erger December 2014 Column, Page 598 Saying "yes" to a case outside your competence is usually a mistake.