Publications

Articles From 2015

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Family law rewrite goes to the governor

By Matthew Hector
July
2015
LawPulse
Page 12
After years of effort, a major reworking of Illinois family law passes the General Assembly.

Family Law Rewrite Signed by Governor

By Jim Covington
August
2015
Article
Page 44
A far-reaching revision of the Illinois Marriage and Dissolution of Marriage Act is among the bills signed by the governor this session.

Feeling Secure in the Cloud

By Ed Finkel
January
2015
Cover Story
Page 20
You're probably already using the Internet to access remote servers - aka cloud computing - whether you know it or not. And you should be. But make sure you understand the risks.

Finding and Using Blawgs to Follow the Law

By Tom Gaylord
March
2015
Column
Page 50
Blawgs are great sources of breaking news on almost any topic.

Fireman’s voluntary response to emergency call is not an act of duty under the Pension Code

May
2015
Illinois Law Update
Page 16
On March 9, 2015, the First District Appellate Court confirmed the Retirement Board of the Firemen's Annuity and Benefit Fund of Chicago's ("Board's") denial of disability benefits to a deputy district fire chief.

Flawed Facts and Fact-Finders

By Hon. Ron Spears
February
2015
Column
Page 44
More judges are being asked to allow expert testimony about eyewitness ID and confessions.

FLSA Rule Proposal Could Make Millions Eligible for Overtime Pay

By Philip T. Barrett
November
2015
Article
Page 36
A new federal minimum wage regulation proposed by the U.S. Department of Labor significantly expands the number of employees who must be paid time and a half for overtime.

Focus on Civics Education

By Richard D. Felice
January
2015
Column
Page 8
ISBA is teaming up with the Illinois Judges Association to promote civics education.

For Traffic Stops, Ignorance of the Law Can Be an Excuse

By Rob Shumaker
September
2015
Article
Page 38
Recent cases from the United States and Illinois Supreme Courts hold that an officer's objectively reasonable mistake of law can justify a traffic stop.

“For-profit ridesharing arrangement” redefined to exclude transportation network company services

July
2015
Illinois Law Update
Page 18
The Ridesharing Arrangements Act has amended its definition under paragraph (b) as to what constitutes a "for-profit ridesharing arrangement."

“Forever Green” pilot program implemented

February
2015
Illinois Law Update
Page 18
As of November 26, 2014, the Department of Agriculture will begin implementing its Forever Green pilot program.

Four Decades of Service

December
2015
Cover Story
Page 22
Executive director Bob Craghead reflects on his 40-year career with the ISBA.

Fracking permitted in Illinois

February
2015
Illinois Law Update
Page 18
In accordance with the Hydraulic Fracturing Regulatory Act, the Department of Natural Resources ("DNR") has promulgated rules that regulate the practice of hydraulic fracturing, or "fracking," in Illinois.

From which counties do the supreme court’s civil cases come?

By Kirk C. Jenkins
August
2015
Column
Page 57

Fundraising food sales at Illinois schools must now comply with federal nutrition guidelines

February
2015
Illinois Law Update
Page 18
Beginning on July 1, 2014, the United States Department of Agriculture now requires that food products sold on school property during the school day meet federal nutrition guidelines.

Get Encrypted, Get Referrals…and Get a DUI App?

July
2015
Column
Page 51
Protect clients' digital information; use post-engagement review calls to get client referrals; a new DUI app?

The Good Wife’s Lessons in Legal Ethics

By Bailey E. Cunningham
July
2015
Column
Page 52
The Good Wife poses ethical puzzlers for Illinois lawyers.

Grand juries in the spotlight

By Matthew Hector
February
2015
LawPulse
Page 12
The shooting death of Michael Brown drew attention to the usually secret world of grand jury proceedings. Illinois lawyers talk about how the process works across the river from Ferguson.

Grant adjustment rate increased to match increase in Social Security benefits

December
2015
Illinois Law Update
Page 18
The Department of Human Services adopted amendments to the Part on Aid to the Aged, Blind, or Disabled pursuant to federal regulations at 20 CFR 416.2096. 89 Ill. Adm. Code 113 (eff. Sept. 21, 2015).

Groundbreaking Supreme Court opinion dooms panhandling law

By Matthew Hector
October
2015
LawPulse
Page 12
After the U.S. Supreme Court's expansion of the First Amendment, the seventh circuit invalidates Springfield's panhandling prohibition.

A Guide to the Loss of Chance Doctrine in Illinois

By Jason L. Hortenstine
February
2015
Article
Page 26
This overview of the loss of chance doctrine discusses applicable IPI Instructions, looks at recent precedent, and offers practice tips.

Gun trusts grow more popular with firearms enthusiasts

By Matthew Hector
September
2015
LawPulse
Page 12
Gun trusts, a useful but controversial estate planning tool, can enable trust users to obtain federally restricted firearms without meeting some requirements imposed on individuals.

Hadley: Author of anonymous online post must be revealed

By Matthew Hector
August
2015
LawPulse
Page 10
In Hadley, the Illinois Supreme Court rules that a defamation plaintiff who can survive a motion to dismiss can expose an anonymous online defendant.

High court imposes liability cap on self-insured car rental companies

By Matthew Hector
December
2015
LawPulse
Page 12
The Illinois Supreme Court rules that rental car companies that elect to self-insure have to pay no more than $100,000 to injury claimants.

High court overturns categorical ban on carrying loaded guns on a ‘public way’

By Matthew Hector
April
2015
LawPulse
Page 10
The Illinois Supreme Court ruled recently that the state can't categorically forbid carrying an uncased, loaded gun on a "public way" - but that banning minors or non-FOID-card holders from possessing weapons is a different story.

House can be transferred to trust without deed, appellate court rules

By Matthew Hector
November
2015
LawPulse
Page 14
The Illinois Appellate Court in Mendelson held that when a trust instrument lists a house as part of the trust, the house belongs to the trust even if the deed was not formally transferred there. Critics worry the ruling could put unsuspecting purchasers at risk.

How long does it take the Illinois Supreme Court to issue a decision after oral argument?

By Kirk C. Jenkins
December
2015
Column
Page 54
How Long Does It Take the Illinois Supreme Court to Issue a Decision After Oral Argument?

How Loss Mitigation Affects a Residential Foreclosure in Illinois

By Matthew Hulstein
March
2015
Article
Page 34
A look at various loss-mitigation procedures and how they affect the various stages of a foreclosure lawsuit in Illinois.

How to Avoid Estate Planning Malpractice Claims

By Zachary J. Freeman, Thomas M. Staunton, and Arthur W. Friedman
December
2015
Article
Page 32
A look at the unique malpractice risks - including the third-party beneficiary rule and the extended statute of repose - faced by estate planning lawyers.

Ignorance of the law - an excuse after all?

By Matthew Hector
February
2015
LawPulse
Page 12
The Supreme Court ruled that a "reasonable mistake of law" can provide reasonable suspicion to justify a traffic stop. Are police being held to a lower standard than ordinary citizens?

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