Publications

Articles on Constitutional Law

When Recusal Leads to DEADLOCK: A Constitutional Cure

By J. Timothy Eaton and 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 and 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 and 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

The Illinois Constitution: A Primer

By James W. Hilliard
October
2008
Column
Page 494
Background on the Illinois Constitution and the Con-Con.

Search of probationer’s computer deemed permissible

October
2008
Illinois Law Update
Page 504
On 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-Con

By Jack C. Carey
October
2008
Column
Page 492
Voters should reject the call for a constitutional convention.

Traffic stop impermissibly prolonged

September
2008
Illinois Law Update
Page 444
On 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.

District of Columbia v Heller: The Death Knell For Illinois Handgun Bans?

By Christopher Keleher
August
2008
Article
Page 402
The U.S. Supreme Court's robust reading of the right to keep and bear arms places handgun-banning ordinances in peril.

Correspondence from Our Readers

July
2008
Column
Page 330
Sharia law? Voluntary dismissal; confrontation clause; HUD-1 form.st.

Traffic stop and subsequent Terry search valid when based on non-anonymous tip

July
2008
Illinois Law Update
Page 340
On April 15, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of McDonough County granting the defendants' motions to suppress two bags containing approximately 28 or 29 boxes of pseudoephedrine collected during a search of the defendant's motor vehicle after a traffic stop for improper lane usage.

Residents Suing Nonresidents for Harm in Illinois

By Professor Jeffrey A. Parness
June
2008
Column
Page 318
Two recent appellate cases limit the power to sue nonresidents.

When Hearsay Testimony Is a Nonevent Under the Confrontation Clause

By Robert J. Steigmann
June
2008
Article
Page 304
An Illinois Appellate Court justice says that a witness who disavows his or her own hearsay statements is not "unavailable" as to those statements.

College Campus Press act passed. PA 095-0580

May
2008
Illinois Law Update
Page 236
The College Campus Press Act has been enacted. 

Admission of detective’s testimony did not violate the Confrontation Clause

February
2008
Illinois Law Update
Page 72
On November 30, 2007, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County sentencing the defendant to 85 years for first degree murder and home invasion.

Court upholds $1 million penalty arising out of $12,000 support debt

By Helen W. Gunnarsson
January
2008
LawPulse
Page 10
The supreme court ruled that a $1 million-plus penalty for an employer’s failure to timely pay a $12,000-plus child support obligation was not unconstitutional on the facts.

Police Interrogation of Motorists at Traffic Stops

By Bruce L. Carmen
January
2008
Article
Page 44
The Fourth Amendment prohibits police from turning routine traffic stops into investigations of other criminal activity.

Correspondence from Our Readers

November
2007
Column
Page 566
 Anti-SLAPP law gives "unwarranted protection".

Race-Based School Assignments After Parents Involved in Community Schools

By Mark E. Wojcik
October
2007
Article
Page 526
The Supreme Court struck down a pair of race-based plans for assigning students to public schools. So what kinds of plans do pass constitutional muster?

The Naked Truth: Fourth Amendment Lessons from the Supreme Court

By Kerry J. Bryson
July
2007
Article
Page 360
A review of recent home-search cases from the U.S. Supreme Court, including the Rettele "naked search" case from May.

Basic “right to privacy” inherently includes interests of secrecy and seclusion

February
2007
Illinois Law Update
Page 72
On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured. 

Challenging the Constitutionality of the Illinois Consecutive Sentencing Statute

By Patrick Gallagher
February
2007
Article
Page 96
The author argues that the Illinois consecutive sentencing statute violates the Sixth Amendment by allowing judges rather than jurors to make findings of fact that increase a defendant's punishment.

Income Withholding for Support Act unconstitutional as applied to $1,172,100 penalty

February
2007
Illinois Law Update
Page 72
The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's judgment against defendant H. E. Miller, Sr., ordering him to pay a $1,172,100 penalty for "knowingly failing to timely remit child support payments withheld from his employee's wages."

Criminal defendants must be informed of right to counsel, Campbell says

By Helen W. Gunnarsson
January
2007
LawPulse
Page 8
A defendant's waiver of right to counsel was ineffective because the trial judge didn't inform him of the nature of the charges, the range of penalties, or his right to a lawyer.

Ban on secret compartments in vehicles unconstitutional

December
2006
Illinois Law Update
Page 650
On September 26, 2006, the Illinois Appellate Court, First District, reversed the appellant's conviction in the Circuit Court of Cook County for violating section 12-612 of the Illinois Vehicle Code. 625 ILCS 5/12-612. 

Pages

Select a Different Subject