Crime victims’ rights amendment won’t appear on November ballotBy Adam W. LaskerJune 2012Lawpulse, Page 286A proposed constitutional amendment that would have made crime victims party to the defendant’s trial undermined the constitutional presumption of innocence, the ISBA and other opponents, including prosecutors, argued.
Miranda: Youth a factor in determining whether interrogation is "custodial"By Helen W. GunnarssonAugust 2011Lawpulse, Page 382The U.S. Supreme Court holds that a subject's youth matters when determining whether a Miranda warning is required - a conclusion the Illinois Supreme Court came to years ago.
Who Posted That? Anonymous Online Speech and the First AmendmentBy Sarah A. SmithApril 2011Article, Page 194There's a trend in defamation litigation to use pre-suit discovery procedures to uncover the identities of anonymous online commenters. The author considers the implications.
The Right of Publicity in IllinoisBy John M. Touhy and Lauren R. NollMarch 2011Article, Page 148Illinois's right of publicity lets people limit the appropriation of their likeness, a power restricted by the First Amendment. Where to draw the line? Here's what courts are doing.
Judicial Selection in Illinois: A Third WayBy Gino L. DiVitoDecember 2010Article, Page 624Judicial elections? Merit selection? While the decades-old debate continues, a former judge proposes a constitutional amendment that represents a third way.
A First Amendment right to audiorecord police?By Helen W. GunnarssonOctober 2010Lawpulse, Page 502The ACLU says so, arguing that the Illinois Eavesdropping Act's prohibition is unconstitutional.
Does freedom of speech include the freedom to record?
Employment Termination When a Church is the EmployerBy Hon. William J. BorahJuly 2010Article, Page 370Courts are reluctant to interfere, but they will step in when they can decide based on neutral principles.
Red Light Cameras: Innocent But GuiltyBy Professor Jeffrey A. ParnessMarch 2010Column, Page 158Learn about the losing battle to challenge automated traffic enforcement.
Trial court overturns vehicle forfeiture statuteBy Helen W. GunnarssonJanuary 2010Lawpulse, Page 10Among other constitutional infirmities, the law does not require a prompt post-seizure judicial review, a DuPage County judge opines.
A Freer Hand for Police at Illinois Traffic StopsBy Rob ShumakerDecember 2009Article, Page 624In response to the U.S. Supreme Court, the Illinois Supreme Court issued decisions that give police more freedom to search and question vehicle occupants at traffic stops.
Strip-search of student violates Fourth AmendmentBy Helen W. GunnarssonOctober 2009Lawpulse, Page 490Education lawyers say the U.S. Supreme Court’s Safford ruling confirms their longstanding advice to school officials: don’t strip-search kids.
When Recusal Leads to DEADLOCK: A Constitutional CureBy J. Timothy Eaton and Lynn A. EllenbergerOctober 2009Article, Page 510The authors propose a constitutional amendment allowing replacement of Illinois Supreme Court justices when recusal makes rendering a decision impossible.
Mandatory retirement age for judges ruled unconstitutionalBy Helen W. GunnarssonSeptember 2009Lawpulse, Page 438The Illinois Supreme Court rules that the statute requiring judges to retire at age 75 is unconstitutional and says mandating retirement for judges might require constitutional amendment.
Juveniles can be required to register as sex offendersBy Helen W. GunnarssonJuly 2009Lawpulse, Page 330The supreme court held that registration is not punishment and that juveniles can be required to register even though they aren’t entitled to a jury trial on the charges.
The Power Behind the Robe: A Primer on Contempt LawBy Timothy L. Bertschy and Nathaniel E. StricklerMay 2009Article, Page 246The power of contempt is a confusing mix of civil and criminal law concepts overlaid with constitutional implications. Here's a review.
Dismissal for double jeopardy was improperJanuary 2009Illinois Law Update, Page 16On October 24, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Kankakee County granting the defendant's motion to dismiss on grounds of double jeopardy.
Search of probationer's computer deemed permissibleOctober 2008Illinois Law Update, Page 504On August 12, 2008, the Illinois Appellate Court, Second District, affirmed in part, reversed in part, and remanded for further proceedings the judgment of the Circuit Court of Kane County granting the defendant's motion to quash arrest and suppress evidence found pursuant to a search of the defendant's home by probation officers.
Vote "No" on Con-ConBy Jack C. CareyOctober 2008Column, Page 492Voters should reject the call for a constitutional convention.
Traffic stop impermissibly prolongedSeptember 2008Illinois Law Update, Page 444On June 26, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Henry County denying Bernstein's motion to suppress and sentencing him to 48 months probation for unlawful possession of marijuana with intent to deliver.
