Illinois Bar Journal

2019 Articles

It Might Be, It Could Be, It Is!

By James F. McCluskey
May
2019
Column
, Page 8
It's Member Appreciation Month … and a great time to celebrate your ISBA membership benefits.

It’s ISBA Election Season!

March
2019
Column
, Page 8
Prepare to vote! Several candidates are competing for seats on the Board of Governors and Assembly.

It’s Not All About Death and Taxes: Preventing Elder Financial Exploitation Through Estate Planning

By Darcy J. Chamberlin & Janna S. Dutton
April
2019
Article
, Page 28
Financial exploitation of the elderly is a growing social concern. Estate planners should examine issues involved in the exploitation of the elderly and consider provisions that may protect their clients.

It’s Okay, I’m a Lawyer!: How the Expansion of the Attorney-Litigation Privilege is Changing the Game

By Amanda J. Hamilton
March
2019
Article
, Page 38
The recent expansion of the attorney-litigation privilege demonstrates why attorneys must increasingly be vigilant in their commitment to ethical principles.

It’s Spring!

By Charles J. Northrup
April
2019
Column
, Page 50
Time for a "birds and bees" discussion about client development.

Jailhouse Talk

By Rhys Saunders
February
2019
LawPulse
, Page 10
A new law requires courts to hold hearings to determine the reliability of jailhouse witnesses in certain cases.

Judge must find a history of delinquency or criminality before a defendant may waive a presentence investigation report

February
2019
Illinois Law Update
, Page 14
Courts must determine the appropriateness of an agreed-upon sentence in a negotiated plea deal before accepting its terms.

Just because a gun is in the apartment doesn’t mean defendant was “armed”

August
2019
Illinois Law Update
, Page 16
On May 29, 2019, the First District Appellate Court of Illinois held a criminal defendant was not “armed” within the meaning of the armed-violence statue when a gun was located on a couch approximately 15 feet away from the defendant.

Juvenile Court Act of 1987 amended to strengthen protection of juvenile records

March
2019
Illinois Law Update
, Page 20
The Juvenile Court Act of 1987 is amended by changing sections 1-3, 1-7, 1-8, 1-9, and 5-915 and by adding sections 5-920, 5-923, and 5-925.

Juvenile’s sentence of de facto life without parole violates Eighth Amendment

July
2019
Illinois Law Update
, Page 16
On April 18, 2019, the Illinois Supreme Court held that sentencing a juvenile to a prison sentence of greater than 40 years violates his or her Eighth Amendment rights because it imposes a de facto life sentence.

Keep Calm and … Thrive

By Joe Scally
September
2019
Column
, Page 46
Developing resilience through practice, learning, and rest.

Keep Illinois Families Together Act prevents Illinois cooperation with ICE

September
2019
Illinois Law Update
, Page 14
The Keep Illinois Families Together Act prohibits any law enforcement agency or officer from entering into or remaining in an agreement with U.S. Customs Enforcement (ICE) under a federal 287(g) program.

Keeping Tabs

By Jesse Bowman
January
2019
Column
, Page 50
Visiting ilga.gov and congress.gov, which are updated regularly, is a free and convenient way to keep current and hold our elected officials accountable.

Kneeling chef’s injury did not “arise out of” job when looking for carrots

August
2019
Illinois Law Update
, Page 16
Claimant filed for workers’ compensation benefits for a knee injury he sustained when working as a sous-chef for his employer.

Landowner owes no duty when open-and-obvious rule applies

December
2019
Illinois Law Update
, Page 16
The plaintiff and his pastor came to the defendant’s house to cut down a tree limb even though the defendant had told them to not come to his house.

Laws of Behavior

By Pete Sherman
March
2019
LawPulse
, Page 16
Illinois Attorney General joins other states in opposition to U.S. Department of Education's Title IX proposals.

Legal Research on the Go

By Jesse Bowman
September
2019
Column
, Page 48
Great mobile apps for Illinois practitioners.

Legalization of recreational cannabis use 

October
2019
Illinois Law Update
, Page 14
The Illinois General Assembly enacted the Cannabis Regulation and Tax Act to legalize the recreational use of cannabis.

Legislation addresses concerns of excessive UV exposure in children

April
2019
Illinois Law Update
, Page 14
Citing concerns about children not having access to sunscreen at schools due to medication bans, the General Assembly passed a law requiring schools to allow students to possess sunscreen at school or at youth camps.

Licensed professionals now required to pay all fines and complete sexual-harassment training before issuance of a new license

August
2019
Illinois Law Update
, Page 16
The Department of Financial and Professional Regulation (DFPR) amended the part titled “Administrative Procedures for General Professional Regulation Under the Administrative Code” (68 IAC 1130; 42 Ill. Reg. 22314 (effective May 10, 2019)).

Lincoln’s Representation in Murder Cases

By George R. Dekle Sr.
February
2019
Column
, Page 44
Accused murderers who hired Abraham Lincoln had a fair chance of acquittal, but one was quickly executed after he was found guilty.

Loan program recalibrates income calculation

December
2019
Illinois Law Update
, Page 16
The Illinois Housing Development Authority adopted an amendment to the Homeownership Mortgage Loan Program updating certain requirements for eligible borrowers.

Lobbyist organizations required to have written sexual-harassment policies

March
2019
Illinois Law Update
, Page 20
The Illinois Secretary of State implemented new rules creating sexual-harassment and enforcement standards for lobbyists in Illinois (2 Ill. Adm. Code 560 (effective Dec. 20, 2018)).

Long delay ruins plaintiffs’ property claim

September
2019
Illinois Law Update
, Page 14
On June 12, 2019, the Third District affirmed the trial court’s grant of the defendants’ motion for summary judgment, thereby rejecting a claim by relatives seeking to recover a farm that was not included in a testator’s will closed 52 years earlier.

Looking Into Microsoft Bookings

By Danielle DavisRoe
June
2019
Column
, Page 42
Microsoft's often-overlooked feature for scheduling appointments with ease.

Lost policy finder service created to ensure life insurance companies respond properly to requests for information

November
2019
Illinois Law Update
, Page 14
The Department of Insurance (DOI) adopted a new Part titled Unclaimed Life Insurance Benefits, implementing provisions of the Unclaimed Life Insurance Benefits Act, 215 ILCS 185, that require DOI to establish a Lost Policy Finder Service.

Lost Text Messages Lead to Sanctions

July
2019
Article
, Page 18
A defendant is sanctioned for destroying 50 text messages.

Make It Go Away: A Practical and Realistic Guide to Expungement, Sealing, and Other Criminal Record Reforms

By Paul C. Meyers
September
2019
Article
, Page 26
How to respond to client expungement and sealing inquiries in the wake of significant criminal record reforms in Illinois.

Make Like a Senator and Lean on the Congressional Research Service

By Jesse Bowman
November
2019
Column
, Page 52
The Congressional Research Service’s “authoritative, confidential, objective and nonpartisan” analysis of congressional issues.

Maladaptive Perfectionism

By Dr. Diana Uchiyama
December
2019
Column
, Page 46
Defeating the “Will I ever be good enough?” trap.

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