Illinois Bar Journal

As with any new technology, the use of biometrics comes with complications. If it is suspected that the device has been used to commit a crime, law enforcement is authorized to apply for a warrant to search the device. If the device is protected by a biometric feature, the government will seek authorization to compel the owner to unlock the device. In his October Illinois Bar Journal article, “I Can’t Quite Put My Finger on It,” Thomas A. Drysdale asks whether a person can be compelled to provide a biometric feature to unlock a device and finds that, due to the constitutional protection against self-incrimination, courts have struggled to find an answer. Drysdale examines the constitutional implications of compelling biometric features, compares differing judicial opinions, and provides background information for the Illinois practitioner approaching the issue.

Child custody laws, driving with cannabis in one’s system, probating wills and estates—state laws addressing these and many other matters are often crafted with feedback from the ISBA, whose members have a seat at the legislative table because of their ISBA section involvement and the Association’s legislative affairs program. It is often said that the Association’s dozens of sections (and its special committees and task forces) represent its beating heart. Most of the ISBA’s networking, continuing legal education, and legislative involvement take place through these specialized groups. The October Illinois Bar Journal devotes its cover story to the tactics and strategies of the ISBA’s rigorous, hands-on legislative affairs program in which ISBA members are given an opportunity to shape the bills that often end up on the governor’s desk.

Ordinarily, an estate is taxed based on the value of its assets as of the decedent’s date of death. But for federal estate tax purposes, an alternate valuation date could be selected if it results in both the gross estate and the estate tax being reduced. The alternate valuation date is the date six months after the date of death. Utilizing the alternate valuation date would thus necessitate the filing of a federal estate tax return. In his September Illinois Bar Journal article, “COVID-19, Death, and Taxes,” Richard Hirschtritt discusses whether an Illinois resident who owns publicly traded stock, commercial real estate with an Illinois situs, and/or a business that has been adversely affected by the COVID-19 pandemic and has died within six months prior to the onset of the COVID-19 outbreak is subject to state or federal estate taxes.

Despite the finality of the new federal Title IX regulations, uncertainty remains. The American Civil Liberties Union and others have challenged the Final Rule in court. Presidential candidate Joe Biden has vowed to overturn it if elected. State laws—including in Illinois—and even other federal laws require more stringent standards when addressing similar complaints. And the Final Rule has yet to be interpreted by U.S. Department of Education’s Office of Civil Rights and the courts. In her September Illinois Bar Journal article, “It’s Time for Title IX: New Rule, New Regime,” Jackie Gharapour Wernz provides a deep dive into the controversial new Rule.