Subject Index Constitutional Law

Silence as Self-Incrimination after Salinas v. Texas

By Robin B. Murphy
April
2014
Article
, Page 184
After Salinas, non-custodial suspects must expressly invoke the right to remain silent, or silence can be held against them. But in Illinois, state law provides some evidentiary protection.

Making Constitutional Challenges to the Illinois Tax on Trust Income

By Robert J. Kolasa
November
2013
Article
, Page 584
Under Illinois law, income from a trust created by an Illinois resident is taxable even if the trust is not otherwise connected to Illinois. But is the state tax constitutionally infirm?

A Guide to the Confrontation Clause

By Geoffrey Burkhart
June
2013
Article
, Page 304
When 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.

SCOTUS rules warrantless dog-sniff search of home unconstitutional

By Adam W. Lasker
May
2013
LawPulse
, Page 222
Unlike an earlier decision this term that allowed dog-sniff evidence from a traffic stop, Jardines holds that the dog-sniff search of a front porch requires a warrant.

Admissibility of Dog-Sniff Evidence: Evaluating Probable Cause after Florida v. Harris

By David J. Robinson
April
2013
Article
, Page 194
In Harris, the U.S. Supreme Court held that dog-sniff evidence can be admissible even if prosecutors do not lay a detailed foundation that the dog is well trained.

Despite 7CA ruling, Illinois judges not dismissing concealed-carry cases

By Adam W. Lasker
March
2013
LawPulse
, Page 118
According to a lawyer monitoring such cases, local judges are unlikely to stop enforcing the ban until this summer, the state's deadline for enacting a law that passes Second Amendment muster.
1 comment (Most recent March 3, 2013)

Crime victims’ rights amendment won’t appear on November ballot

By Adam W. Lasker
June
2012
LawPulse
, Page 286
A 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.

Is the Illinois Eavesdropping Act unconstitutional? The saga continues…

By Helen W. Gunnarsson
December
2011
LawPulse
, Page 604
Defendants being prosecuted under the Illinois Eavesdropping Act for recording police and other public officials are fighting back, thus far with mixed success.

Miranda: Youth a factor in determining whether interrogation is “custodial”

By Helen W. Gunnarsson
August
2011
LawPulse
, Page 382
The 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 Amendment

By Sarah A. Smith
April
2011
Article
, Page 194
There'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 Illinois

By John M. Touhy & Lauren R. Noll
March
2011
Article
, Page 148
Illinois'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 Way

By Gino L. DiVito
December
2010
Article
, Page 624
Judicial 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. Gunnarsson
October
2010
LawPulse
, Page 502
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Employment Termination When a Church is the Employer

By Hon. William J. Borah
July
2010
Article
, Page 370
Courts are reluctant to interfere, but they will step in when they can decide based on neutral principles.

Illinois Supreme Court: statutory med-mal caps are unconstitutional

By Helen W. Gunnarsson
March
2010
LawPulse
, Page 122
By overriding juries' findings and judicial oversight over them, the caps law violated the separation of powers, the court ruled.

Red Light Cameras: Innocent But Guilty

By Professor Jeffrey A. Parness
March
2010
Column
, Page 158
Learn about the losing battle to challenge automated traffic enforcement.

Involuntary commitment provision of Mental Health Code overturned

By Helen W. Gunnarsson
January
2010
LawPulse
, Page 10
The Illinois Appellate Court rules that a code provision allowing involuntary commitment for "dangerous conduct" is unconstitutionally vague.

Trial court overturns vehicle forfeiture statute

By Helen W. Gunnarsson
January
2010
LawPulse
, Page 10
Among other constitutional infirmities, the law does not require a prompt post-seizure judicial review, a DuPage County judge opines.
1 comment (Most recent January 26, 2010)

A Freer Hand for Police at Illinois Traffic Stops

By Rob Shumaker
December
2009
Article
, Page 624
In 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 Amendment

By Helen W. Gunnarsson
October
2009
LawPulse
, Page 490
Education lawyers say the U.S. Supreme Court’s Safford ruling confirms their longstanding advice to school officials: don’t strip-search kids.

U.S. Supreme Court: Confrontation Clause requires lab analysts to testify

By Helen W. Gunnarsson
October
2009
LawPulse
, Page 490
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When Recusal Leads to DEADLOCK: A Constitutional Cure

By J. Timothy Eaton & Lynn A. Ellenberger
October
2009
Article
, Page 510
The 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 unconstitutional

By Helen W. Gunnarsson
September
2009
LawPulse
, Page 438
The 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 offenders

By Helen W. Gunnarsson
July
2009
LawPulse
, Page 330
The 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 Law

By Timothy L. Bertschy & Nathaniel E. Strickler
May
2009
Article
, Page 246
The 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 improper

January
2009
Illinois Law Update
, Page 16
On 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. 

Last Term’s United States Supreme Court Labor and Employment Decisions

By Michael Robert Lied & Joseph F. Tansino
December
2008
Article
, Page 626
A survey of the United States Supreme Court's labor and employment rulings from the 2007-08 term.

The Crawford Confrontation-Clause Bar: Governmental Involvement Is Key to “Testimonial” Hearsay

By Hon. Daniel B. Shanes
November
2008
Article
, Page 574
The author argues that statements are rarely "testimonial" - and thus barred - if the government did not produce them.

Two traffic stops, no Fourth Amendment “seizures,” the court rules

By Helen W. Gunnarsson
November
2008
LawPulse
, Page 548
The Illinois Supreme court rules for the state in two cases where defendants were asked for consent to search after a traffic stop.

Correspondence from Our Readers

October
2008
Column
, Page 490
The Second and Fourteenth Amendments

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