Illinois Bar Journal

Browse articles by year:

2018 Articles

School boards must notify students with disabilities about qualification for federal services

November
2018
Illinois Law Update
Page 18
The School Code is amended by changing section 14-6.01 regarding the powers and duties of school boards. These new amendments establish how school boards must notify students with disabilities that they may qualify for federal services.

A self-dealing transaction conducted by someone acting under a POA creates a rebuttable presumption of fraud

June
2018
Illinois Law Update
Page 16
The Illinois Appellate Court affirmed an order granting summary judgment in favor of the plaintiffs who sued for breach of fiduciary duty and conversion.

A Separate Peace

By Rhys Saunders
September
2018
LawPulse
Page 10
New Illinois Supreme Court rule provides a clean split between clients and their attorneys in a failed collaborative divorce process.

Service standards for office members of the Cook County Sheriff’s Merit Board amended

August
2018
Illinois Law Update
Page 16
This act amends the Cook County Sheriff's Merit Board's operating procedures. The Merit Board shall consist of seven members appointed by the sheriff with the advice and consent of three-fifths of the county board.

The Sharpened Teeth of the Military Lending Act

By Michael D. Schag
October
2018
Article
Page 44
The Military Lending Act’s lending restrictions were expanded to include consumer credit card issuers, unsecured consumer lenders, and depository institutions. Some lenders were given until Oct. 3, 2018, to be fully compliant.

“Sheltered market” system added to program designed to help businesses owned by minorities, females, and persons with disabilities

September
2018
Illinois Law Update
Page 16
A new "sheltered market" system has been created to help businesses in industries suffering from systematic discrimination vie for lucrative state government contracts.

Shining Moonlight on Witness Testimony

By Ron Spears
August
2018
Column
Page 46
The most intriguing part of Lincoln's famous almanac trial was his interest in science.

Sleuthing on the ‘Net

By Ed Finkel
June
2018
Cover Story
Page 20
Social media and the internet generally hold a trove of mission-critical information for lawyers about adversaries, businesses, and more - and most of it is free. Do you know how to find it?

Son entitled to compensation for acting as trustee and administering his deceased father’s trust

August
2018
Illinois Law Update
Page 16
Plaintiffs (beneficiaries of a trust) filed suit alleging breach-of-trust agreement and challenging defendant trustee's payment of compensation to himself for administering the trust.

St. Charles North wins mock trial competition, Tort Law Section Council presents jury selection webinar.

May
2018
Column
Page 50

Standing Here or There?

By Mark Bernstein
October
2018
Article
Page 38
Appellate and trial courts are issuing inconsistent decisions concerning proper standing and jurisdiction following the U.S. Supreme Court's opinion in Spokeo, Inc. v. Robins. The uncertainty created by these decisions means judges and attorneys must juggle many variables when considering choice of venue in Illinois and other states.

Standing Up for Lawyers

By Hon. Russell W. Hartigan
February
2018
Column
Page 10
With 2018 well underway, the ISBA is working hard to defend and protect the interests of the legal profession.

State Treasurer adopts electronic payment program

March
2018
Illinois Law Update
Page 24
In an effort to ease fee collection, the Office of the State Treasurer adopted a new Part titled E-Pay Program, implementing Public Act 99- 856 (74 Ill. Adm. Code 735) (eff. Dec. 15, 2017).

Statute of limitations for sudden traumatic injurious events begins running on date of injury

April
2018
Illinois Law Update
Page 16
The Appellate Court of Illinois held that when there is a sudden traumatic injurious event, the resulting cause of action accrues and the statute of limitations begins to run on the date the injury occurs.

Statutory Maintenance Guidelines Get a 2018 Tune-up

By Thomas J. Kasper
June
2018
Article
Page 26
In 2015, the General Assembly added guidelines to the IMDMA for determining the amount and duration of maintenance. We focus on the 2018 amendments to the guidelines and their implications for divorcing couples.

Sued for the Policy That Wasn’t: Section 1983 Liability after Glisson

By Thomas A. Drysdale
July
2018
Article
Page 36
As long as an entity has given thought to a policy, it may be held liable for not enacting it if the policy would have prevented a plaintiff's injury. Introducing the wide-ranging implications of Glisson v. Indiana Department of Corrections.

Supreme Resources

By Jesse Bowman
November
2018
Column
Page 46
Interested in our nation's highest court? These three sites are worth your time.

Suspicion from odd behavior at traffic stop doesn’t support canine unit search

November
2018
Illinois Law Update
Page 18
Nervousness, a criminal history, and other odd behavior are not enough to create a reasonable suspicion of criminal activity during a traffic stop, according to the fourth district.

Sworn pleadings, affidavits, or other documents no longer required

December
2018
Illinois Law Update
Page 14
The Code of Civil Procedure is amended to no longer require pleadings, affidavits, or other documents filed in any court of Illinois to be sworn before an authorized person as long as it is certified in accordance with section 1-109's verification by certification requirements.

Taking Your Smartphone on Vacation

By Jeffrey R. Schoenberger
June
2018
Column
Page 42
Guilt-free tips for when you need to check your email inbox during vacation.

Tax amendments affecting out-of-state retailers displaying and selling items at Illinois trade shows and from out-of-state locations

October
2018
Illinois Law Update
Page 18
A new amendment to the Tax Code regarding the Use Tax (86 Ill. Adm. Code 150 (effective July, 27, 2018)) has been adopted by the Department of Revenue.

Terms of office for current Cook County Sheriff’s Merit Board are abolished and replaced

March
2018
Illinois Law Update
Page 24
The Counties Code is amended to abolish and replace the term of office of each member of the Cook County Sheriff's Merit Board.

Terry stop valid after police observed “very quick exchange” of “small items”

November
2018
Illinois Law Update
Page 18
Terry stops based on the suspicion of a drug deal can be valid under the Fourth Amendment even if an officer does not witness the exchange of specific items in a hand-to-hand transaction.

Thanks for the Memories!

By Hon. Russell W. Hartigan (ret.)
June
2018
Column
Page 8
ISBA's outgoing president reflects on a year he will cherish.

Thanks, St. Ignatius, for the Award and Lessons Learned

By Hon. Russell W. Hartigan (ret.)
April
2018
Column
Page 8
The lessons I learned back at St. Ignatius College Prep guide me today as I work on behalf of the ISBA.

Think Twice Before Responding to Negative Online Reviews

By Bailey E. Felts
July
2018
Column
Page 50
Navigating ethical landmines surrounding negative online reviews.

Throwing Your Firm a Lifejacket

By Rhys Saunders
August
2018
LawPulse
Page 10
ISBA Assembly approves proposed rule on succession planning and it is sent to the Illinois Supreme Court for consideration.

Tolling the One-Year Limitation Period for Habeas Petitions After Holland v. Florida

By Angela J. Rollins
January
2018
Article
Page 38
In 2010, the Supreme Court held that equitable tolling applies to the one-year limitation for filing federal habeas petitions, giving defendants a pathway to relief when they're victims of attorney misconduct and other "extraordinary circumstances."

The Trial

By Pete Sherman
November
2018
LawPulse
Page 12
Two ISBA members reflect on the Jason Van Dyke trial, its aftermath, and meaning.

Trial courts to allow petitions to show post-partum mental illnesses

March
2018
Illinois Law Update
Page 24
The Code of Criminal Procedure of 1963 is amended by changing section 122-1 (725 ILCS 5/122-1) to allow for petitions in the trial court for those imprisoned that can establish their participation in a felony was a direct result of post-partum depression or psychosis, or if no direct evidence of these mental states was presented at trial or sentencing.

Pages