Illinois Bar Journal


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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.