Publications

Articles on Constitutional Law

Solicitation for Charity Act not Unconstitutional

February
2002
Illinois Law Update
Page 66
On November 21, 2001, the Illinois Supreme Court reversed the appellate court and held that the Solicitation for Charity Act, 225 ILCS 460/0.01, is not unconstitutional.

Provisions of Hospital Licensing Act permitting disclosure of patient information within hospital and to hospital’s counsel held constitutional

January
2002
Illinois Law Update
Page 14
On October 18, 2001, the Illinois Supreme Court, on direct appeal, reversed the circuit court, holding that the Hospital Licensing Act, 210 ILCS 85/6.17, did not violate the separation of powers doctrine, did not unreasonably violate a patient's right to privacy, and did not constitute impermissible special legislation.

Of mangers and menorahs

By Helen W. Gunnarsson
December
2001
LawPulse
Page 620
When do religious holiday displays on public property pass constitutional muster?

Cellular-Phone Searches: New Technology Meets the Fourth Amendment

By Stacey McDermott Shonkwiler
October
2001
Article
Page 530
The author reviews a recent Illinois Appellate Court case upholding a search of numbers stored in the defendant's cell phone.

Grandparents’ visitation; splitting the baby four ways?

By Helen W. Gunnarsson
October
2001
LawPulse
Page 510
Since the Illinois Supreme Court's Lulay decision, appellate courts have struggled case by case to determine whether grandparents' bids for visitation are constitutional.

Closed-Circuit Television and Defendants’ Rights in Criminal Courtrooms

By Carrie Marche and Jennifer Aiton
September
2001
Article
Page 487
The new technology saves money, but does it undermine defendants' constitutional rights?

The Lawyer’s Journal

By Bonnie C. McGrath
September
2001
Column
Page 450
Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.

Illinois Constitution prohibits insertion of “corrupt or malicious motives” exception into the Tort Immunity Act

August
2001
Illinois Law Update
Page 398
On June 21, 2001, the Illinois Supreme Court reversed the lower court's holding that the common-law "corrupt or malicious motives" exception limited the immunity granted by the Tort Immunity Act, 745 ILCS 10/1-101 et seq, and that the village could be held liable in quasi-contract.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2001
Column
Page 394
Name-calling brief writers get a pass; Gramm-Leach-Bliley may require lawyers to send privacy notices; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2001
Column
Page 338
Golfers in the (legal) news; capital punishment and the mentally retarded; and more.

Void-for-vagueness doctrine applied in adoptions context; section 1(D)(h) of the Adoption Act permitting termination of parental rights found unconstitutionally vague

July
2001
Illinois Law Update
Page 342
On April 13, 2001, the Appellate Court of Illinois, Fourth District, applied the void-for-vagueness doctrine to a constitutional analysis of section 1(D)(h) of the Adoption Act, 750 ILCS 50/1 (D)(h).

Section 2-109 of the Code of Civil Procedure does not violate the special legislation or equal protection clauses of the Illinois Constitution

June
2001
Illinois Law Update
Page 286
On April 19, 2001, the Illinois Supreme Court reversed the circuit court's holding that § 2-109 of the Code of Civil Procedure violated the special legislation clause, Ill Const Art IV, § 13, and the right to equal protection, Ill Const Art I, § 2, guaranteed by the Illinois Constitution.

Section 1(D)(p) of the Adoption Act is not unconstitutional; review of substantive due process claims under section 1(D)(p) requires strict scrutiny, not rational relation scrutiny

May
2001
Illinois Law Update
Page 230
On March 2, 2001, the Illinois Supreme Court reversed the circuit court's holding that section 1(D)(p) of the Adoption Act was facially unconstitutional.

The Illinois law prohibiting the unauthorized possession of weapons on public property is not unconstitutionally vague, nor does it violate separation of powers principles

April
2001
Illinois Law Update
Page 170
On February 16, 2001, the Illinois Supreme Court reversed the appellate court's finding that § 21-6 of the Criminal Code of 1961, 720 ILCS 5/21-6, was unconstitutional.

Illinois Supreme Court 2000: The Last Work of the Court as We Knew It

By Nancy J. Arnold and Tim Eaton
April
2001
Article
Page 174
The last body of cases from a court that included Justices Bilandic, Heiple, Miller, and Rathje.

Aggravated DUI may be expanded; S.B. 0020

March
2001
Illinois Law Update
Page 116
Under Senate Bill 20, persons driving under the influence in school speed zones would be guilty of aggravated DUI.

Drivers failing to yield may face stiffer penalties ; H.B. 0180

March
2001
Illinois Law Update
Page 116
Representative Mike Bost, R-Murphysboro, hopes a new proposal will cut down on the number of "rubbernecking" drivers who fail to yield to emergency vehicles.

New proposal to protect children who testify; S.B. 0027

March
2001
Illinois Law Update
Page 116
Under current Illinois law, courts may permit children under 18 who are witnesses in certain criminal prosecutions like sexual assault, predatory sexual assault of a child, and sexual abuse to testify via closed-circuit television outside the courtroom if the judge determines that in-court testimony would result in the child suffering serious emotional distress.

Violations of the constitutional right to a speedy trial, reviewed de novo, are decided by balancing the length of delay, reasons for delay, defendant’s assertion of the right, and the resulting prejudice

March
2001
Illinois Law Update
Page 116
On January 19, 2001, the Illinois Supreme Court reversed the appellate court's finding that the defendant, Anthony Crane, had his constitutional right to a speedy trial violated.

The Lawyer’s Journal

By Bonnie C. McGrath
February
2001
Column
Page 56
When does may mean must? When it comes to appealing interlocutory orders

Child-witness exception to right to confrontation at trial does not include denial of ability to observe the witness

January
2001
Illinois Law Update
Page 14
On November 22, 2000, the Supreme Court of Illinois affirmed the appellate court's finding that a defendant was denied his constitutional right to confrontation during his trial when the trial court allowed the use of podiums to prevent a child witness and the defendant from seeing each other as the witness testified about an alleged sexual attack.

The Lawyer’s Journal

By Bonnie C. McGrath
January
2001
Column
Page 10
Standard of review for fee suits; U.S. Supremes just say no to drug-sniffing dogs at checkpoints; employee claims rejected by 7CA; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
December
2000
Column
Page 686
Extra protection against self-incrimination; grandparents get their (bad) day in court; and more.

Defendant must face custodial interrogation to effectively invoke Miranda right to counsel

November
2000
Illinois Law Update
Page 624
On September 21, 2000, the Supreme Court of Illinois ruled that the trial court did not err in refusing to suppress a confession given by the defendant while in custody on a murder charge.

Employee’s comments regarding employer’s possible violation of food inspection rules were protected speech

November
2000
Illinois Law Update
Page 624
On September 5, 2000, the seventh circuit court of appeals reversed the district court's grant of summary judgment to the defendants, Hasara and Danner, officials of the city of Springfield, on Myers claim under 42 USC § 1983 alleging violations of her constitutional rights.

The Lawyer’s Journal

By Bonnie C. McGrath
October
2000
Column
Page 560
The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.

Recent U.S. Supreme Court Fourth Amendment Rulings Expand Police Discretion

By Michele M. Jochner
October
2000
Article
Page 576
Far from drawing bright lines, these rulings have raised new uncertainties, this author argues.

Statute permitting medical records to be given to law enforcement officials investigating motor vehicle accident deemed constitutional

September
2000
Illinois Law Update
Page 500
On July 6, 2000, the Supreme Court of Illinois reversed the circuit court's finding that section 11-501.4-1 ("the section") of the Illinois Motor Vehicle Code is unconstitutional and violated the defendant's right to privacy of his medical records.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2000
Column
Page 434
You still have the right to remain silent; UPL and in-house counsel; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2000
Column
Page 378
Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.

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