Illinois Bar Journal

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2016 Articles

Elementary and secondary schools may not request students’ passwords to social media sites; students may be required to share content with schools during course of investigation

March
2016
Illinois Law Update
Page 26
The Right to Privacy in the School Setting Act has been amended to require students to provide their passwords to social media sites when certain violations are suspected.

Emergency amendments to Illinois Vital Records Code

June
2016
Illinois Law Update
Page 18
The Department adopted emergency amendments to the Illinois Vital Records Code that allow temporary removal of a dead human body from the State of Illinois for organ and tissue harvesting. 77 Ill. Adm. Code 500 (eff. Mar. 10, 2016).

Emergency medical service personnel required to carry opioid antagonists

October
2016
Illinois Law Update
Page 18
The Department of Public Health adopted amendments requiring all emergency service personnel to be trained in the administration and use of opioid antagonists.

Employers with fewer than four employees now subjected to Equal Pay Act; maximum civil penalties for violations increased

January
2016
Illinois Law Update
Page 18
The Equal Pay Act of 2003 has been amended to apply to all employers, not just those with four or more employees.

Engineering firm’s lien rights affirmed

By Matthew Hector
January
2016
LawPulse
Page 12
The Illinois Supreme Court reversed the lower courts and affirmed an engineering firm's statutory lien rights under the Mechanics Lien Act.

Enhanced sentencing under the Habitual Criminal Act does not violate proportionate penalties clause

May
2016
Illinois Law Update
Page 16
On February 19, 2016, the Supreme Court of Illinois held that enhanced sentencing under the Habitual Criminal Act does not affect whether a sentence for aggravated vehicular hijacking with a dangerous weapon other than a firearm ("AVH/DW") violates the Proportionate Penalties Clause of the Illinois Constitution.

Equitable Adoption: Are Kids Parental Property in Illinois?

By Jeffrey A. Parness
September
2016
Article
Page 36
In In re Scarlett Z.-D., the Illinois Supreme Courtrefused to grant equitable adoption rights to a nonparent who had played a childrearing role. The author looks at the policy issues surrounding the role of nonparents in childrearing.

Escaping the Verbiage Vortex

By Karen Erger
October
2016
Column
Page 52
Are you living down to the stereotype of lawyers who are incomprehensible to lay people? Do yourself and your profession a favor and make clarity, not confusion, your goal.

The Ethics of Endorsing

By Bailey E. Cunningham
January
2016
Column
Page 50
Might your LinkedIn endorsements run afoul of ethics rules?

The Ethics of Representing Corporations

By Christopher P. Clasby
June
2016
Article
Page 40
When you represent a corporation, do you also represent the officers and directors? May you represent them individually? These and related ethical questions arise when your client or opponent is a corporation.

Exclusive remedy provisions bar action against an employer when mesothelioma manifests after time limits under Workers’ Compensation Act and Workers’ Occupational Diseases Act

January
2016
Illinois Law Update
Page 18
On November 4, 2015, the Illinois Supreme Court held that an employee cannot bring an action against an employer outside the Workers' Compensation Act, 820 ILCS 305/1, or the Workers' Occupational Diseases Act ("WODA"), 820 ILCS 310/1, when the employee's disease first manifests after the expiration of time limitations under those acts ("Acts").

Expanded definition of “sibling,” and new requirements for DCFS to encourage sibling relationships in adoption and foster care

April
2016
Illinois Law Update
Page 18
The Department ("DCFS") has adopted amendments concerning contact and visitation between siblings when some or all are in DCFS custody and not living in the same household.

Expanded list of medical events that must be reported under the Adverse Health Care Event Reporting Code

April
2016
Illinois Law Update
Page 18
The Department ("DPH") has adopted amendments to the Adverse Health Care Event Reporting Code, a Part requiring health care facilities to report to DPH any adverse health care events. 77 Ill. Adm. Code 235 (eff. Dec. 23, 2015).

Expanding law-student practice opportunities to the private sector

By Matthew Hector
March
2016
LawPulse
Page 20
An ISBA proposal would allow qualified students to practice under the supervision of an attorney in the private sector, not just in legal aid or other governmental settings.

Failure to return rented or leased equipment is theft

September
2016
Illinois Law Update
Page 18
On July 8, 2016, Governor Rauner signed SB 1120. It amends 720 ILCS 5/16-3, which applies to theft of labor or services or use of property.

Federal Administrative Law: New and Updated Resources

By Tom Gaylord
March
2016
Column
Page 58
A fresh look at the many free resources available for researching federal regulations and agencies.

Final Words: A Sentencing Hearing Guide for Prosecutors and Defense Attorneys

By Timothy James Ting
May
2016
Article
Page 24
A look at an often overlooked proceeding in criminal law that has a powerful impact on a defendant's future.

Finding the Law of Judges and Judging in Illinois

By Tom Gaylord
May
2016
Column
Page 42
Where to find laws governing judicial elections and more.

Fire Protection Code amendments change qualifications and responsibilities of school fire inspectors

August
2016
Illinois Law Update
Page 18
The Fire Protection Code underwent significant changes in regards to how the Office of the State Fire Marshal ("OSFM") qualifies and provides oversight for public school fire inspectors. 41 Ill. Adm. Code 111 (eff. May 20, 2016).

Former ISBA Executive Director John Dickason dies at 84; ISBA Assembly approves law school report.

March
2016
Column
Page 60
Former ISBA Executive Director John H. Dickason, 84, of Coral Gables, FL, died February 2, 2016.

Fourth district ruling overturns statute granting hospital tax exemption

By Matthew Hector
April
2016
LawPulse
Page 12
After the Provena court overturned the property-tax exemption for hospitals, the legislature passed a fix. Now the Illinois Appellate Court has overturned that statute.

Freedom of Information Act expanded to include severance agreements

January
2016
Illinois Law Update
Page 18
The Freedom of Information Act has been amended to include severance agreements entered into by or on behalf of a public entity as documents subject to public inspection and copying.

From the Discussions

March
2016
Article
Page 54
Should you charge a consultation fee? How do you find an out-of-state child?

From the Discussions

February
2016
Article
Page 32
Should I call one of the kids to testify in a custody case? Can a lawyer contact the opposing party’s
family? Can my client get an extension of time to complete traffic school?

From the Discussions - Addressing visitation by an abusive noncustodial parent.

May
2016
Article
Page 41
What's the best way to stop visitation by an abusive noncustodial parent?

From the Discussions - Bankruptcy after stipulating to denial of discharge

May
2016
Article
Page 40
Can someone who stipulates to a bankruptcy denial of discharge file later under Chapter 13 on the same debt?

From the Discussions - Can I expunge multiple cases on one petition?

September
2016
Article
Page 44
Q. Can I expunge multiple cases on one petition, thereby avoiding filing fees?

From the Discussions - Can these debtors keep their home after bankruptcy?

August
2016
Article
Page 31
Q. H & W have $75K equity in a home and own an underwater rental property. Can they keep the home and let the rental property go in bankruptcy?

From the Discussions - Do I have to wear a suit to court?

December
2016
Article
Page 40
Q. What are the rules if any governing courtroom attire requirements for lawyers?

From the Discussions - How can I preserve my client’s mortgage insurance?

September
2016
Article
Page 45
Q. My client is on the mortgage for her home but not on the deed - only her now-deceased husband is. How can I preserve the mortgage insurance after his death?

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