The Journal of The DuPage County Bar Association

Vol. 15 (2002-03)

June 2003


State of the Courthouse, April 22, 2003 By Chief Judge Robert K. Kilander

Elimination Of the Double Taxation On Corporate Dividends By Amy J. Wenz

Demystifying County Contracting: A Study of DuPage County Procurement By Terry Pastika, Sarah Klaper, and Jill M. Dressner

People v. Lopez: Balancing the Privacy Interests of the Complaining Witness and the Defendant’s Right to Due Process in Sex Offense Cases By Todd R. Nelson

An Immigration Law Advisory for All Criminal Law Practitioners By Fred DePasquale

May 2003


It’s Not Just For Spouses – Bringing New Parties Into Dissolution Of Marriage Proceedings By Abigail M. Chiesa

When Johnny & Jenny Come Marching Home Again (the USERRA) Hurrah! By Glenn R. Gaffney

The Right of a Condominium Association to Sell a Portion of the Common Elements—Does the Majority Rule? By Jody L. Malmstrom

A Survey of Recent Decisions in the Family Law Area By Michael J. Calabrese

Preventing Future Abuses of the Pardon Power by the Governor By Steven J. Greeley

April 2003


Revisiting Transmutation 20 Years Later: Still Untamed? By Timothy M. Daw and Sarane C. Siewerth

The Drafter’s Commentary on In Re Marriage of Henke By Charles J. Fleck

Welcome to Family Court By Hon. C. Stanley Austin

Section 510(c) of the IMDMA and Cohabitation on a Resident Continuing Conjugal Basis: A Kiss Is Still A Kiss By Thomas A. Else

How Are We Doing?: Comments from the Domestic Relations Judiciary By Louise Bauer

Determining a Child’s Best Interest: Is the Court Truly Able to Consider the Mental Health of the Parties and the Potential for Child Abuse? By Paul D. Nordini

Searches Incident to a Lawful Arrest: Why the Illinois Supreme Court in People v. Stehman Limited That Particular Exception to the Fourth Amendment By Roxanne M. Sosnowski

March 2003


Planning For Medicaid Eligibility For The Elderly By Eileen R. Fitzgerald

The Constitutional Challenge To The Religious Land Use And Institutionalized Persons Act Of 2000: In the Chess Game Between Congress and the Supreme Court, We Are Mere Pawns By J. Randolph Given

Constitutional Concerns Over The Exclusive Tender Rule in Illinois By Richard Hodyl, Jr.

People v. Cryns: Possible Implications for the Practice of Midwifery in Illinois By Andrew L. Honaker

February 2003


Damages: “A Few More Stitches for the Deep Pocket?” By Alan J. Brinkmeier and Connie S. Avgerinos

Commentary: The Rule of Law in America Today By Robert Phillip Ward

An Overview of Supreme Court Rule 183 By Myrna G. Smith

NIU's Northern Exposure
My School, My Choice: Removing Legal Barriers to Education Reform in Illinois By Jeremy McKissack

January 2003


Tributes: In Memoriam - Ralph A. Gabric

Representing Defendants in Federal Criminal Cases in the Northern District of Illinois; Procedures Before the District Court By The Honorable John W. Darrah

Initial Representation of Defendants Before Magistrate Judges and Consideration of Plea Negotiations By The Honorable Michael T. Mason

Criminal Sentencing in DuPage County: Things To Do And Things Not To Do at Sentencing Hearings By The Honorable Robert Anderson

You Can Lose Your Car to the Man Who Wears the Star By Steven D. Armamentos

Illinois Apprendi Case Law: Two and a Half Years of Broad Application and Rapid Evolution By Peter G. Baroni and Thomas More Leinenweber

People v. Pulliam: Legislative Standards Needed for an Atkins Hearing to Determine Whether a Defendant is Mentally Retarded and, Therefore, May Not be Put to Death By Kimberly R. Shefts

December 2002


Flipper Flap and the ADA By William D. Goren

Involuntary Mental Health Treatment Proceedings in Illinois By Theresa Miller

In re Detention of Lieberman: Is a “Rapist” a “Sexually Violent Criminal” Under the Commitment Act? By Tessa S. Bromley

Justice Scalia’s Comments On Constitutional Interpretation By Brian Diamond

An Update on Physician Non-Compete Agreements in Illinois By David J. Fish and Charles Corrigan

The Big Picture By Elizabeth McGuan

Lending A Hand: The DuPage County Bar Foundation By Glenda Berg Sharp

November 2002

The Mold Issue Is Still Growing By Richard Hodyl, Jr.

Of Speaking Documents and Talking Clams: A Proper Answer Under Federal and State Rules By Dmitry N. Feofanov

Illinois Courts’ Interpretation of a “Sudden And Dangerous” Event When Used as an Exception to the Moorman
Economic Loss Rule By Chrissie F. Garza

NIU's Northern Exposure
In a Monotheistic Non-Sectarian Civic Deity We Trust: The Establishment Clause of the First Amendment & Governmentally Created American Civil Religion By Ryan J. Dowd

October 2002


Contested Adoption Cases with Underlying Criminal Convictions: The Child’s Right to Waive Appeal By Jennifer Bleuel Martyn

Negotiating Cell Tower Leases from the Property Owner’s Perspective By Alexander Olsansky, Jr.

Physician Non-Compete Agreements in Illinois: Diagnosis – Critical Condition; Prognosis – Uncertain By David J. Fish and Charles Corrigan

Tenancy By The Entirety By John Pcolinski, Jr.

The Economics Of Physician And Attorney Non-competition Agreements By Frederick E. Roth

Some Thoughts on Good Legal Writing By James J. Clarke

September 2002


Expert Witness Disclosure Under Revised Rule 213 (f) & (g) By Laurie A. Silvestri

State Employee Civil Rights Suits: Are they Doomed to Extinction? By Marcia McCormick

The Competition Turns Ugly:  Tort Liability of Participants In Contact Sports For Acts Against Opponents By John Schmidt

DCBA Brief