Publications

Articles From 2015

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The Illinois bar exam gets tougher

By Matthew Hector
May
2015
LawPulse
Page 10
Illinois bar examiners are raising the passing score - but not as much as originally planned.

Illinois bar examiners give breastfeeding moms extra time

By Matthew Hector
January
2015
LawPulse
Page 10
After initially denying a mother's request, the board of admissions will grant breastfeeding women extra time to express milk during the Illinois bar exam.

Illinois high court declines to create new evidentiary privilege

By Matthew Hector
May
2015
LawPulse
Page 10
Creating a new critical-self-analysis privilege is the job of the legislature, not the judiciary, the Illinois Supreme Court rules recently.

Illinois Insurance Code expanded to include protections for telehealth services

January
2015
Illinois Law Update
Page 16
The Illinois Insurance Code has been expanded to include coverage for telehealth services. For the purposes of this new section, "telehealth services" is defined as "the delivery of covered health care services by way of an interactive telecommunications system."

Illinois law applies to custody proceedings when Illinois is the child’s home state under the UCCJEA

March
2015
Illinois Law Update
Page 20
On December 23, 2014, the Fifth District Appellate Court held that Illinois law applies to custody proceedings when Illinois is the child's home state under the Uniform Child-Custody Jurisdiction Enforcement Act, 750 ILCS 36/101 et seq. ("UCCJEA")

Illinois’ Maintenance Formula: News from the Trenches

May
2015
Column
Page 45
How one court applied the new spousal maintenance formula.

Illinois Minimum Wage law adds exemption for unions that agree to an alternate shift schedule

September
2015
Illinois Law Update
Page 18
The Illinois Minimum Wage Law's overtime compensation provision has been amended to add an additional exemption to the standard 1 1/2 times pay for work done past 40 hours per week.

Illinois Supreme Court: Social Security can’t be used to offset pension at divorce

By Matthew Hector
August
2015
LawPulse
Page 10
If a spouse gets a government pension instead of Social Security, can the pension be protected in a divorce settlement to offset the other spouse's Social Security? No, the Illinois Supreme Court held.

Illinois vehicle code will be amended to include new “Aggravated Special Speed Limit” offense

August
2015
Illinois Law Update
Page 16
A bill to amend the Illinois Vehicle Code to include the new offense of "aggravated special speed limit" has been passed by the General Assembly.

IllinoisDocs launches soon; ISBA 711 Committee meets; Courtroom in the Classroom visits Huntley.

October
2015
Column
Page 52

An Immigrant’s Tale

By Ed Finkel
July
2015
Cover Story
Page 22
ISBA President Umberto Davi arrived as a 14-year-old from Sicily and rose to success in law and life.

Increased access to individual criminal history transcripts

May
2015
Illinois Law Update
Page 16
Where before only law enforcement and correctional facilities could provide individuals with their criminal history transcripts, a new rulemaking by the Department of State Police allows licensed fingerprint vendors to provide this service for a fee.

Increased investment opportunities for purchasers of stock in co-operatives

February
2015
Illinois Law Update
Page 18
Co-operative purchasers of corporate stock may now purchase an increased number and value of shares. Co-operative purchasers are those who form "any co-operative association for the purpose of purchasing of or selling to all shareholders and others."

Increased penalties and additional crimes that result in revocation of licenses

October
2015
Illinois Law Update
Page 18
The new rulemaking alters the section "Cancelation, Revocation, or Suspension of Licenses or Permits" to implement provisions of several Public Acts. 92 Ill. Adm. Code 1040 (eff. June 23, 2015).

Insurance adjustor licensure

April
2015
Illinois Law Update
Page 16
To comply with Illinois Public Act 96-1332, the Department of Insurance ("DOI") has made three significant changes to the way insurance adjustors are licensed.

Insurance agents owe a statutory duty of care to insureds

June
2015
Illinois Law Update
Page 16
On March 19, 2015, the Illinois Supreme Court held that insurance agents owe a duty of care to insureds under § 2-2201 of the Illinois Code of Civil Procedure.

‘Investing’ in Litigation

By Hon. Ron Spears
May
2015
Column
Page 46
The rapid growth of litigation funding raises a host of issues.

iPad Apps for Lawyers

By Mark S. Mathewson
April
2015
Column
Page 52
Two tech-savvy members describe some favorite apps.

Is the switch to six-person juries constitutional?

By Matthew Hector
March
2015
LawPulse
Page 14
The challenge of choosing a six-person panel may make you rethink your jury-selection strategy. But some lawyers are asking whether the change in jury size violates the Illinois Constitution.

ISBA election season is underway; free diversity reception at Midyear Meeting; ISBA/WBAI leadership summit; and more.

November
2015
Column
Page 52
The Illinois State Bar Association will hold its annual election in March 2016, and campaign packets are now available at www.isba.org/elections.

The ISBA Founders Circle.

September
2015
Column
Page 52
See the distinguished members of the Illinois legal community make up the ISBA Founders Circle.

It’s So Easy to Unbundle

March
2015
Column
Page 49
Thanks to rule changes it's easy to take just a piece of a lawsuit.

Judge strikes ban on supervision for aggravated speeding

July
2015
Article
Page 30
A Cook County judge rules that categorically denying court supervision for 'excessive speeding' is unconstitutional.

Judging Forensic Science

By Hon. Ron Spears
November
2015
Column
Page 48
Lawyers and judges have been slow to acknowledge the limitations of forensic science.

Judgments in favor of unlicensed debt collection agencies are not void

May
2015
Illinois Law Update
Page 16
On February 27, 2015, the Illinois Supreme Court held that a judgment in favor of an unlicensed debt collection agency is not void. A judgment is only void, the court noted, if it is entered without jurisdiction.

Judicial Notice in the Internet Era

By Daniel Myerson
May
2015
Article
Page 30
The Internet has made vast amounts of information available, and judicial notice can put it into the record - within limits.

Keeping the Road Safe and the Law Sane

By Ed Finkel
October
2015
Cover Story
Page 24
The ISBA Traffic Law Section had one of its best years ever this legislative session, helping advance laws that remove harsh and counterproductive DUI restrictions while keeping (and sometimes boosting) appropriate punishments.

Law revoking medical licenses for prior convictions conforms to due process

January
2015
Illinois Law Update
Page 16
On October 17, 2014, the Illinois Supreme Court held that section 2105-165 of the Department of Professional Regulation Law, which requires permanent revocation of medical licenses for certain criminal convictions, applies to convictions entered before the statute's 2011 effective date.

Lawyers as POA Agents, Estate Planning for Digital Assets

March
2015
Column
Page 48
Can you be the agent for your client's POA? And what about digital art in estate planning?

Liability insurance policy generally gives rise to defend insured in connection with damage to rented car, but exclusion in policy provides exemption

October
2015
Illinois Law Update
Page 18
On July 16, 2015, the First District of the Appellate Court affirmed the circuit court's entry of summary judgment on behalf of an insurance company in a declaratory judgment action.

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