A court-ordered Facebook postJanuary 2016Article, Page 32A concurring appellate justice opines that a trial judge's contempt order forcing a litigant to post a retraction on Facebook violates the First Amendment.
A Guide to the Confrontation ClauseBy Geoffrey BurkhartJune 2013Article, Page 304When does the Sixth Amendment require prosecutors to produce a live witness rather than an out-of-court statement against a defendant? Here's a look at the latest developments.
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.
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?
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.
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.