Illinois Bar Journal

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2016 Articles

City Files: Researching Local Administrative Law and Data

By Tom Gaylord
September
2016
Column
Page 46
More local "law" beyond ordinances is available online, but sometimes a trip to a local agency is the only way to go.

Civil Asset Forfeitures: A Step-by-Step Guide

By Hon Anthony W. Vaupel
October
2016
Article
Page 32
You've heard about forfeitures, but have you handled one? Here's a primer on how to prosecute or defend your first forfeiture case.

Class action suit alleges Google is violating Illinoisans’ ‘biometric’ privacy

By Matthew Hector
May
2016
LawPulse
Page 10
The plaintiff alleges that Google is using "face geometry" without permission in violation of the Illinois Biometric Information Privacy Act, one of two such statutes in the U.S.

The Class of 1966 Distinguished Counsellors

September
2016
Column
Page 48
ISBA to honor Class of 1966 Distinguished Counsellors on Oct. 13

Clearer Miranda warnings, lower minimum probation for juveniles

By Matthew Hector
July
2016
LawPulse
Page 12
One bill would require child-friendly Miranda warnings, while another reduces the length of mandatory minimum probation.

Collaborative Conflict

By Tiffany M. Alexander
August
2016
Article
Page 32
Look to mediation for ways to reduce misuse of the collaborative-law process, this author recommends.

Collaborative law proposal approved by ISBA Board, Assembly

By Matthew Hector
December
2016
LawPulse
Page 10
The proposal would expressly allow divorcing couples to work with lawyers on a limited-scope basis to try to reach a settlement and avoid litigation.

Collateral Challenges to Illegal Sentences after People v. Castleberry

By Ken Stalkfleet
June
2016
Article
Page 36
In Castleberry, the Illinois Supreme Court abolished the "void sentence" doctrine, under which a sentence not authorized by statute was void. How should defense lawyers and prosecutors react to the post-Castleberry world?

Coming soon: The Cook County Community Court

By Matthew Hector
June
2016
LawPulse
Page 12
Chicago is one of 10 grant awardees nationwide for a DOJ project to fund pilot neighborhood-focused courts that bring offenders and victims together to resolve disputes.

Commission of a forcible felony may result in disqualification from obtaining or holding a professional license

February
2016
Illinois Law Update
Page 18
The Department amended its definition of "forcible felony" in their "Administrative Procedures for General Professional Regulation under the Administrative Code."

Commission’s findings on workers’ compensation claim affirmed where employer merely invited appellate court to reweigh the evidentiary record

February
2016
Illinois Law Update
Page 18
The First District Appellate Court, Workers' Compensation Division, affirmed a workers' compensation claim in favor of the claimant after three years of appeals by the employer.

Complainants no longer notified of the outcome of an Inspector General’s investigation

February
2016
Illinois Law Update
Page 18
The Department amended the kind of notice that recipients of an investigative report will receive pursuant to "Office of Inspector General Investigations of Alleged Abuse or Neglect in State Operated Facilities and Community Agencies.

Condominium Act bills make life simpler for condo board members

By Matthew Hector
August
2016
LawPulse
Page 12
Among other proposed changes, the legislation would allow condominium boards to hold closed meetings in a wider set of circumstances.

Condominium managerial boards may conduct meetings electronically and may ratify emergency actions

May
2016
Illinois Law Update
Page 16
Under these amendments to the Condominium Property Act, condominium association bylaws must now permit board members to participate in any meeting of the board of managers (the "Board") either in person or by use of any acceptable technological means.

Condominium purchaser in foreclosure sale must pay subsequent common expenses to association to extinguish lien resulting from prior owner’s failure to pay

March
2016
Illinois Law Update
Page 26
On December 3, 2015, the Illinois Supreme Court held that the mortgagee purchasing a condominium in a foreclosure sale failed to confirm the extinguishment of the condominium association's lien, which was created when the prior unit owner did not make common expense payments.

Conference explores innovations in legal services; Timothy Christian wins high school mock trial; Thies takes helm of ISBA Mutual board

May
2016
Column
Page 46
The ISBA was a co-sponsor of The Future is Now: Legal Services 2016, a conference convened by the Illinois Supreme Court Commission on Professionalism.

Continuing to not extend mutual property rights to unmarried cohabitants does not violate due process or equal protection

November
2016
Illinois Law Update
Page 18
Citing the State's unquestionable interest in the creation, regulation, and dissolution of marriage, the Illinois Supreme Court reaffirmed its 1979 Hewitt v. Hewitt holding that Illinois public policy precludes unmarried cohabitants from bringing claims against one another to enforce mutual property rights rooted in a marriage-like relationship.

Cook County Accelerated Resolution Court Pilot Program established for eligible defendants

May
2016
Illinois Law Update
Page 16
Cook County created the Accelerated Resolution Court Pilot Program (the "Program") by amendment to the Corrections Code.

Correspondence from Our Readers

November
2016
Column
Page 8
Flag burning then and now; property division and unmarried couples; implicit bias.

Correspondence from Our Readers

September
2016
Column
Page 8
Relentless efficiency, Condo Act, dogs in cars.

Correspondence from Our Readers

August
2016
Column
Page 8
Bike law, tech competence for lawyers.

Correspondence from Our Readers

July
2016
Column
Page 8
Litigating sports brain injuries; collateral challenges to illegal sentences.

Correspondence from Our Readers

June
2016
Column
Page 8
Mendelson and conveying real estate to a trust; Avvo 'lead generation'; charitable exemption for hospitals.

Correspondence from Our Readers

April
2016
Column
Page 8
Declining caseloads, 711 licensing.

Correspondence from Our Readers

March
2016
Column
Page 8
Lincoln and Herndon 2016.

Correspondence from Our Readers

February
2016
Column
Page 8
Bob Craghead; DuPage County e-filing; researching judges.

Correspondence from Our Readers

January
2016
Column
Page 8
Bob Craghead; giving files to clients.

Counties hire collectors to recover unpaid, decades-old fines

By Matthew Hector
January
2016
LawPulse
Page 12
Illinois counties are chasing down unpaid fines from as far back as the mid-80s. Critics say the practice is unfair and counterproductive.

County ordinances may not penalize tenants or landlords for contacting emergency services

February
2016
Illinois Law Update
Page 18
Under new sections added to the Counties Code, 55 ILCS 5/5-1005.10, and the Municipal Code, 65 ILCS 5/1-2-1.5, no county shall enact a regulation penalizing tenants or landlords based on certain contact with emergency services.

Court of Claims moves to streamline procedures

August
2016
Illinois Law Update
Page 18
The Illinois Court of Claims adopted amendments to Court of Claims Regulations that improve its procedures for handling monetary or property claims against the State. 74 Ill. Adm. Code 790. (eff. Apr. 29, 2016).

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