Articles on Constitutional Law

What does the Second Amendment really mean? By Mitchell Goldberg Bench and Bar, April 2017 An examination of the historical framework behind this divisive issue.
Contempt, social media, and the First Amendment in the Marriage of Weddigen By Ashley D. DiFilippo Civil Practice and Procedure, November 2015 In In re the Marriage Weddigen, the court discusses what constitutes civil contempt, whether a purge order is constitutional, and how the first amendment affects a person’s activity on social media.
Pension Protection Clause of the Illinois Constitution prevails By Aaron B. Maduff Labor and Employment Law, September 2015 In In re Pension Reform Litigation the Illinois Supreme Court ruled 7-0 to affirm the decision of the Circuit Court of Sangamon County holding Public Act 98-599 unconstitutional as violating the Pension Protection Clause of the Illinois Constitution.
Do not discount the importance of the Fourteenth Amendment By Michele M. Jochner Bench and Bar, January 2012 Proposed in 1866 and ratified in 1868, the Fourteenth Amendment has had the most profound and enduring impact on our legal landscape. Its provisions voided the United States Supreme Court’s much-criticized decision in Dred Scott, and served as the foundation for the later civil rights movement—including the overturning of the “separate but equal doctrine” in Brown v. Board of Education.
Public employees and free speech By Matthew Feda Government Lawyers, January 2012 An overview of the history and current trends in the law regarding public employee free speech, as well as practical advice for bringing a claim.
Public employees and free speech By Matthew Feda Labor and Employment Law, December 2011 An overview of the history and current trends in the law regarding public employee free speech, as well as practical advice for bringing a claim.
Possible liability for non-governmental organizations that assume state functions: Could homeowner’s associations make Illinois courts revisit their decisions about First Amendment rights on private property? By William A. Price Administrative Law, November 2010 Administrative law enforcement is often delegated to private entities or organizations for, as an example, safety standards development, or for public-private partnerships operating sports stadiums, or in volunteer boards that advise agencies on rulemaking.
The Illinois Supreme Court rules on the constitutionality of suspension of driving privileges if a person receives court supervision for unlawful consumption of alcohol under 21 years of age By Lisa L. Dunn Traffic Laws and Courts, August 2010 Section 6-206(a)(43) of the Illinois Vehicle Code requires suspension of driving privileges if a person receives court supervision for unlawful consumption of alcohol under 21 years of age.
The Sixth Amendment requires defense counsel to provide immigration advice By Matthew Kuenning Bench and Bar, June 2010 In Padilla v. Kentucky, the United States Supreme Court held that when it is “truly clear” a guilty plea will result in deportation, counsel must so advise or the representation is deficient under Strickland v. Washington.
First Amendment Freedom of Speech: No purchase necessary. Some exclusions apply. By Anupama Pal Human and Civil Rights, February 2010 The First Amendment, taken literally, appears quite straightforward. We all have the right to free speech. And that right is afforded to everyone at just that price—free.
Freedom of speech—fleeting expletives, access to courts, Internet anonymity and attorney advertising By Steven Helle Human and Civil Rights, February 2010 As audience members at a recent Communications Law seminar in New York City learned, the subject spans everything from regulation of indecency in the broadcast media to a constitutional right of access to courtrooms and court documents.
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Safety vs. sanctity—The balancing act of rental property inspections By Mark C. Palmer Local Government Law, February 2010 The Fourth and Fourteenth Amendments to the United States Constitution safeguard the right of individuals against unreasonable searches. Although many variations exist in both the criminal and civil contexts, the governing principle is simple: "a search of private property without proper consent is 'unreasonable' unless it has been authorized by a valid search warrant."
Does the Illinois Open Meetings Act violate the First Amendment? By Peter Friedman & Stewart Weiss Local Government Law, December 2009 A federal appellate court has recently held that the enforcement of one of the cornerstone provisions of the Illinois Open Meetings Act (“Illinois OMA”)—that a majority of the quorum is the trigger for a meeting under the Act—is subject to a legal standard that may make it very difficult for this and similar provisions in other states to withstand constitutional scrutiny.
The powers of the state legislature in filling senatorial vacancies: A federal constitutional authority By Mitchell B. Goldberg Government Lawyers, April 2009 Under the plain language of the Federal Constitution, the Illinois General Assembly’s power seems to be supreme with respect to establishing or limiting the power of appointment, enabling that body to act without fear of veto or other action by the then-sitting Governor.
Handbills, soliciting, and the First Amendment By John H. Brechin Local Government Law, September 2008 The lesson of Horina v. City of Granite City is that any regulations on solicitation or other First Amendment activities must be solidly based in fact and law.
The Fourth Amendment and drug testing in the public employment sector: A review of Krieg v. Seybold, 481 F.3D 512 (7TH CIR. 2007) By Seth L. Ellis Administrative Law, December 2007 The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches conducted by the Government, including when the Government acts as an employer.
Local immigration ordinances are likely unconstitutional By Anthony E. Rothert Local Government Law, November 2007 Several municipalities across the country have recently adopted laws that attempt to regulate immigration.
Student speech law heating up By Steven Helle Human and Civil Rights, November 2007 This article will offer a primer for when that upset parent with teen in tow comes marching into your office.
Rhetoric aside, most First Amendment claimants lose By Tony Mauro Human and Civil Rights, September 2007 WASHINGTON — “Where the First Amendment is implicated, the tie goes to the speaker, not the censor.”
Attorney independence? Remember The Alamo! By Hon. Ron Spears Bench and Bar, June 2007 The right to counsel does not just extend to popular or “deserving” causes or individuals.
Recent developments with respect to First Amendments Rights in the immigration context By Cindy G. Buys International and Immigration Law, September 2006 As immigration practitioners may know, the extent of First Amendment rights of non-U.S. citizens has not been fully decided.
PA 94-677—The case for constitutionality? Non-existent. By Keith A. Hebeisen Tort Law, July 2006 Judge Cason’s article (“Senate Bill 475- Cause For Concern or Self- Generated Crisis”) suggests that the constitutionality of SB 475 (now PA 94- 677) is an open question.
The First Amendment Human and Civil Rights, December 2003 The State of the First Amendment survey, released by the Freedom Forum’s First Amendment Center each year, is a reality check on how Americans view their First Amendment freedoms of speech, press, assembly, religion and petition.

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