Articles From 2010

Europe adopts proportionality as standard for juvenile justice By Elizabeth Clarke Child Law, November 2010 The European Rules require that sanctions/punishment must depend on the gravity of the offense committed, and take into account the youth’s age, physical and mental well-being, development, capacities and personal circumstances.  
Exploring and exploiting the Internet: A guide for estate planning attorneys By Jay S. Goldenberg Trusts and Estates, June 2010 Some helpful Web sites and links for Trusts & Estates attorneys.
Expungement reconsidered By Joshua D. Carter Bench and Bar, June 2010 What is expungement good for? Such records are not available to employers through the official channels and, perhaps more importantly, it is illegal under the Illinois Human Rights Act for an employer to consider any criminal history information which has been ordered expunged or sealed.
Expungement reconsidered By Joshua D. Carter Human and Civil Rights, May 2010 What is expungement good for? Such records are not available to employers through the official channels and, perhaps more importantly, it is illegal under the Illinois Human Rights Act for an employer to consider any criminal history information which has been ordered expunged or sealed.
Expungement. What is it good for? (with apologies to Edwin Starr) By Thomas A. Bruno Bench and Bar, June 2010 Can a record ever really be expunged when material posted online can be searched in perpetuity?
1 comment (Most recent June 16, 2010)
Expungement. What is it good for? (with apologies to Edwin Starr) By Thomas A. Bruno Human and Civil Rights, May 2010 Can a record ever really be expunged when material posted online can be searched in perpetuity?
Extension of protective orders to animals under the Illinois Domestic Violence Act By David H. Hopkins Animal Law, December 2010 A relatively new remedy under the Illinois Domestic Violence Act fills a void and recognizes that many abuse situations involve family pets.
Extra scrutiny still does not apply when arbitrator’s decision is reversed By Richard D. Hannigan Workers’ Compensation Law, June 2010 The Appellate Court affirmed the Commission’s decision in R and D Thiel v. IWCC.
Failure to comply with Rule 431(b)’s Direction to Inquire of Jurors of the Defendants’ Enumerated Rights may be reversible error By J. Randall Cox Traffic Laws and Courts, March 2010 Rule 431(b) requires a trial court to ask each potential juror individually, or in a group, whether each understands and accepts four principles.
Faith in the public square By Hon. Anne M. Burke Bench and Bar, May 2010 The author's March 23, 2010 speech at Saint Xavier University.
False claims law: What employment attorneys need to know By Ronald B. Schwartz Labor and Employment Law, July 2010 Labor and employment law lawyers who represent employees should have sufficient knowledge of the Federal False Claims Act to be able to spot potential qui tam Relator cases.
Family law practitioner or jack of all trades? By Ross S. Levey Family Law, April 2010 Those who practice family law must also be prepared to understand issues in every area of the law.
1 comment (Most recent March 25, 2010)
Family Violence Prevention Fund/DV Awareness Month By Sandra Blake Women and the Law, November 2010 The Family Violence Prevention Fund has issued a call to action to urge Congress to pass two key pieces of legislation.
FCC releases Notice of Proposed Rulemaking, Notice of Inquiry on comprehensive universal service reform Energy, Utilities, Telecommunications, and Transportation, May 2010 An advisory discussing the FCC's recently released Notice of Inquiry and Notice of Proposed Rulemaking.
Federal caselaw update Employee Benefits, December 2010 Recently decided federal cases that affect employee benefits practitioners.
Federal caselaw update Employee Benefits, September 2010 Recent federal cases of interest to Employee Benefits practitioners.
Federal caselaw update Employee Benefits, June 2010 Recent cases relating to Employee Benefits.
Federal lead exposure regulations impact work done on pre-1978 residences and child-occupied facilities By Jennifer J. Sackett Pohlenz Real Estate Law, May 2010 Including regulated substances like lead and asbestos in your pre-work planning can ultimately make for a smoother and more economical project.
Fiduciary duty revisited By John B. Kincaid Civil Practice and Procedure, September 2010 A look at the recent case of Prignano v. Prignano, which in addition to fiduciary duty matters, also stands for current rulings on hearsay, interpretation of the Dead Man’s Act (735 ILCS 8-201) and the duty of a beneficiary to object to the premature closing of an estate and set off.
Fifth District revisits admissibility of vehicle photograph in auto accident litigation for the third time in three years By Stephen C. Buser Civil Practice and Procedure, May 2010 The Illinois Supreme Court may finally decide to provide lawyers involved in auto accident litigation with a “rigid line” or at least sufficient guidelines of when an expert is or is not required to have vehicle photographs admitted into evidence.
Filing for divorce before residing in the state for 90 days By Jon D. McLaughlin & Alexander E. Preller Family Law, December 2010 The author makes the case that a petitioner may file a petition immediately after establishing residency in Illinois, without waiting for 90 days to pass.
1 comment (Most recent December 22, 2010)
Final regulations on the Americans with Disabilities Act relating to state and local government services recently were issued by the Department of Justice By Eileen M. Geary Government Lawyers, December 2010 A brief review of some of the new provisions under Title II of the Americans with Disabilities Act.
The fine vs. fee conundrum By Stephanie Anders & Rob Shumaker Criminal Justice, August 2010 What are the differences between a fine and a fee, and why do those differences matter?
First Amendment Freedom of Speech: No purchase necessary. Some exclusions apply. By Anupama Pal Human and Civil Rights, February 2010 The First Amendment, taken literally, appears quite straightforward. We all have the right to free speech. And that right is afforded to everyone at just that price—free.
Fiscal bite & breed discrimination: Utilizing scientific advances & economic tools in lobbying, Part I By Ledy VanKavage & John Dunham Animal Law, June 2010 The majority of breed-discriminatory laws result from high-profile dog bites or attacks.
Fiscal bite & breed discrimination: Utilizing scientific advances & economic tools in lobbying, Part II By Ledy VanKavage & John Dunham Animal Law, November 2010 The majority of breed-discriminatory laws result from high-profile dog bites or attacks.
Fiscal Bite & Breed Discrimination: Utilizing Scientific Advances & Economic Tools in Lobbying, Part III By Ledy VanKavage & John Dunham Animal Law, December 2010 The majority of breed-discriminatory laws result from high-profile dog bites or attacks.
Five reasons to start networking and joining bar associations right away By Debra Liss Thomas Young Lawyers Division, December 2010 It's easy to become a member of local associations—here are a few reasons you should.
Flinn Report extracts By William A. Price Administrative Law, May 2010 You could read the entire Illinois Register to stay current with new, proposed, and changed rules and administrative agency actions. Or, you can check out the weekly "Flinn Report," which summarizes just about everything for you in a more user-friendly digest.
Flores-Villar v. United States By Anne M. Skallerup International and Immigration Law, July 2010 An unwed father could pass citizenship to his child only if he resided in the U.S. for at least five years after his 14th birthday while an unwed citizen mother needed to show only a continuous period of one year of residing in the U.S. prior to the birth of the child... is this a violation of the Equal Protection Clause of the Fifth Amendment? The U.S. Supreme Court will soon decide.