Subject Index Constitutional Law

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 & 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.

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 & 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

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