The Journal of The DuPage County Bar Association

Vol. 22 (2009-10)

July 2010


“DREW’S LAW”:  Why the Media Frenzy over Illinois’ Hearsay Exception for Intentional Murder of a Witness is Much Ado About Nothing By Rachel Hernandez

When Chemical Testing Precedes an Arrest for Driving Under the Influence of Alcohol By Laura Amador Mitacek

Sealing the Entire Record: Dismissed Felony Charges and the Illinois Information and Identification Acts By Charles G. Wentworth

Admissibility of Character Evidence in Illinois Criminal Cases By Judge Liam C. Brennan

The Drug Asset Forfeiture Procedure Act is Inconsistent with the Proportionate Penalties Clause of the Illinois Constitution By Zachary Townsend

June 2010


P.A. 96-0598 - New Rights for Organized Public Employees in Illinois By John Kelly

Textual Harassment Trends Particularly Troubling for Illinois Employers By Jonathon D. Hoag

Balancing a Public Employer’s Right to Know Against a Public Employee’s Right to Remain Silent: An Analysis of Garrity and its progeny. By Keith A. Karlson

May 2010


Family Matters: The Impact of Divorce on Your Client’s Business Interests By Daniel P. Fitzgerald

Primer on Local Government’s Toolbox for Assisting a Developer By Ann Marie Lampariello-Perez

Sale of a Business: The Forgotten Intangible Assets By Steve Behnken

Dissecting Chapter 7 Bankruptcy for Businesses By David M. Madden

Mandatory Impoundment Policies: Giving Police Free Searches and Putting an Unfair Burden on Vehicle Owners in Violation of 625 ILCS 5/4-203 By Aaron Galloway

April 2010**


Medical Privacy and Voir Dire: Going Beyond Doctor and Patient By Sara Zweig

Minimum Education Requirements Yield Maximum Benefits By Susan Raab Kloberdanz

Changes in Illinois Law Impose Increasingly Stringent Requirements on Notaries By Ted. A. Donner

State of the Courthouse 2010 By Honorable Stephen J. Culliton, Chief Judge

What to Do About Metadata: A Call to the Illinois State Bar Association for a Formal Ethics Opinion By Joshua M. Austin

Grief (pdf file)

**(cover photo by ©2010 REP3)

March 2010


An Absolute Right to Non-suit?  Not So Fast: A Review of the Law Surrounding Voluntary Dismissals By Anique K. Drouin

Between a Rock And a Hard Place: How Recent Developments in Congress and the Supreme Court are Diminishing the Doctrine of Preemption and Leaving Drug and Device Makers Caught Between Competing Regulations. By Brian Michael Krause

‘Til Death Benefits Do Us Part: The Effect of Marital Settlement Agreements on Beneficiary Designations By Lisa M. Giese

A Local Government Perspective on Growing Smart in Brownfields By Jeffery Jeep and Mike Blazer

Fourth District’s “Lack of Interest” Makes Non-Competition Agreements Easier to Enforce By Alexis Costello

February 2010


The Urchel-Snyder Conflict A Statute of Limitations Dilemma with Potential Attorney Malpractice Ramifications By Tom Knight With Special Thanks for Their Help to Anne Knight, Michelle Grotto and Adam Kruse

If a Home Repair and Remodeling Contractor Fails to Give the Homeowner a Consumer Rights Brochure, Can the Homeowner Get Away with Stiffing the Contractor? By James L. Ryan and Matthew T. Caruso

Implied Easements By James F. McCluskey and Lauryn E. Parks

Review of the Elements of a Valid Will Under the Illinois Probate Act By Lawrence P. Devens

January 2010


The ADA Amendments Act of 2008 By William D. Goren

USERRA Is Not FMLA By Lisa M. Stauff

Navigating the Maze of the Family and Medical Leave Act By Kristin M. Case

NIU'S Northern Exposure
Iraq Veterans’ War With The VA: PTSD Claims Under a Procedural Due Process Analysis By Purvi Shah

December 2009

Parenting Agreements for Non-Christian Parents: A Short Primer on Holidays Beyond Christmas By Emily R. Carrara

Terminating the Same-sex Relationship: A Practical Approach By Leah D. Setzen

Discharge of Divorce Debts in Bankruptcy: The Timing of a Bankruptcy Petition - Before or After the Dissolution? By Arthur W. Rummler

Where is the Fraud? It Could Be Anywhere! By Ed Cikanek

NIU'S Northern Exposure
Illinois Doesn’t Care About Caregivers the Custodial Claims Statute of the Probate Act By Mariam Hafezi Qualman

November 2009


Bankruptcy Practice: An Overview By Jay Reese

Understanding the Automatic Stay of Bankruptcy for the General Practitioner By Arthur W. Rummler

363 Sales in Bankruptcy By Michael J. Davis

An Overview of Illinois Post Judgment Law By Joshua D. Greene

Winning the Race to the Recorder’s Office – The Downfall of First in Time By Timothy M. Hughes

October 2009


How to Avoid and Respond to Trademark Office Actions By Shannon A. R. Bond

POP! Goes your trademark! How to protect your client's trademarks in the post-Medinol world. By Joseph F. Emmerth

Use and Sale of Trademarks in Internet Applications: Avoiding Trademark Infringement in Keyword Advertising and Website Metatags By Steven Behnken

What Social Squatting Means for Trademark Holders: How to Protect Your Brand on Social Networking Sites By Aura Lichtenberg & Melissa Solomon

How to Secure Your Client’s Brand Against Counterfeiting Operations in Asia By Eric R. Waltmire

DCBA Brief