Publications

Articles on Constitutional Law

The Lawyer’s Journal

By Bonnie C. McGrath
June
2000
Column
Page 308
Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.

States as Defendants in Employment Litigation: Beyond Alden v Maine

By James P. Hanlon and James J. Powers
May
2000
Article
Page 280
The authors discuss how Alden—which holds that Congress can't subject states to private suits for money damages in state court—may affect future employment ligitation.

1999 Illinois Supreme Court Criminal Review: Breathing Life into the Single-Subject Clause

By James H. Reddy
April
2000
Article
Page 218
The court decided fewer death-penalty cases than in the past and breathed life into the single-subject clause.

Despite gubernatorial veto, General Assembly permissively approves sales taxes for all nonhome rule municipalities; P.A. 91-649

March
2000
Illinois Law Update
Page 128
Public Act 91-649 permissively approves sales taxes for all nonhome rule municipalities. Previously, a nonhome rule municipality needed at least 130,000 inhabitants to pursue a sales tax, which effectively precluded most proposals.

A Practical Overview of Illinois’ Religious Freedom Restoration Act

By Lisle A. Stalter
February
2000
Article
Page 96
An overview of the rights and defenses available under the Illinois RFRA.

Sound amplification statute found unconstitutional

January
2000
Illinois Law Update
Page 16
On November 18, 1999, the Illinois Supreme Court affirmed the appellate court s finding that the sound amplification statute, known as section 12-611 of the Illinois Vehicle Code (625 ILCS 5/12-611 (West 1999)), is an unconstitutional restriction on free speech.

Trial court did not violate defendant’s constitutional rights by commencing trial in her absence

January
2000
Illinois Law Update
Page 16
On November 18, 1999, the Illinois Supreme Court affirmed the appellate court’s finding that the trial court did not violate a defendant’s constitutional rights by starting her trial in her absence.

Public Act 89-21, the 1996 State Budget Implementation Act, Does Not Violate the Single Subject Requirement of the Illinois Constitution

September
1999
Illinois Law Update
Page 460
On July 1, 1999, the Illinois Supreme Court reversed a lower court decision that found that Public Act 89-21 violated the single subject requirement of the Illinois Constitution.

The Lawyer’s Journal

By Bonnie McGrath
June
1999
Column
Page 298
Guilty but mentally ill'' passes constitutional muster

Correspondence from Our Readers

May
1999
Column
Page 234
Single-subject rule: falling on the sword of Damocles?

The Lawyer’s Journal

By Bonnie McGrath
May
1999
Column
Page 238
The high court revisits the single-subject rule.

Using the Single-Subject Rule to Invalidate Legislation: A Better Approach?

By Michael J. Kasper
March
1999
Article
Page 146
The author argues that there is a better way for courts to limit legislators' power to combine diverse subjects into a single bill and offers an alternative.

Amid Controversy, Protection of Religious Freedom in Illinois Strengthened; PA 90

February
1999
Illinois Law Update
Page 73
The General Assembly recently passed the Illinois Religious Freedom Restoration Act ("IRFRA'') over Governor Jim Edgar's amendatory veto.

Judges, the Gift Ban Act, and the Constitution

By Timothy L. Bertschy
February
1999
Column
Page 68
One of the more celebrated accomplishments of the Illinois General Assembly in 1998 was passage of ethics legislation imposing limits on gifts and contributions to state office holders and candidates for those offices.

The U.S. Supreme Court Expands Excessive Fines Clause Protection in Austin and Bajakajian

By Michele M. Jochner
February
1999
Article
Page 78
These two rulings give practitioners new ammunition with which to challenge civil and administrative fines and sanctions.

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