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Articles Posted in Constitutional Rights

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Illinois Bans Local Right-to-Work Laws

Illinois Gov. J.B. Pritzker has signed into law the Collective Bargaining Freedom Act, which became effective April 12, 2019. Under the new law, local governments will no longer be able to pass right-to-work ordinances. The legislation is a signal of Gov. Pritzker’s approach to workforce regulation. A similar bill was…

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De Facto Life Sentence Without Parole Violates the U.S. Constitution’s Eighth Amendment

The Illinois Supreme Court has held that sentencing a juvenile to a prison sentence of greater than 40 years violates his or her Eighth Amendment rights because it imposes a de facto life sentence. The defendant in this case was a juvenile at the time of the offense. The juvenile…

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U.S. District Court Agrees that Stipulated Videotaped Statements — Although Hearsay — Should Have Been Seen by the Jury

The U.S. Court of Appeals for the Seventh Circuit has reversed a decision by a district court judge of the Southern District of Illinois. Reginald Pittman was a pretrial detainee in the Madison County Jail when he hanged himself from the bars of his cell with a blanket. He did…

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Chicago Will Have Accessible Polling Sites for Disabled Voters by November 2018 Elections

The Chicago Board of Election Commissioners has been involved with the U.S. Department of Justice and Equip for Equality for the last ten months in an effort to evaluate what needs to be done to ensure that every Chicago voter is able to cast a ballot. The U.S. Department of…

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Illinois Supreme Court Finds 6-Person Jury Law Unconstitutional

The Illinois Supreme Court has handed down a decision that affirmed a December 2015 ruling by Cook County Associate Judge William E. Gomolinski. The original lawsuit was a medical-malpractice case filed no more than a month after the law, which permitted a unilateral decision by a party to empanel 6-person…

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Illinois Union Case Awaits U.S. Supreme Court to Weigh In

Three Illinois workers and two public worker unions waited for the U.S. Supreme Court to weigh in on a carbon copy of their union-fee dispute. The case they were waiting on from the Supreme Court was Friedrichs v. California Teachers Association. Because of the death of Supreme Court Associate Justice…

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Voter Restrictions Are Preventing Registered Voters from Casting Ballots

There’s a big difference in requiring a photo ID to board an airplane and the right to vote.  Voting in America is a precious right; eligibility is established in the United States Constitution, its amendments, by state laws and by various acts of Congress. Because the Constitution does not have…

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The Illinois Juvenile Court Act Requires That a Minor Who Is Younger than 13 At the Time of the Commission of a Murder or Serious Sexual Assault Must Be Represented by Counsel During Interrogations

Under the Illinois Juvenile Court Act, a minor who is under 13 at the time of the commission of a serious crime must be represented by counsel during the entire custodial interrogation. 705 ILCS 405/5-170(a). When the minor under 13 is in custody, Miranda warnings are not necessary. The law…

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Illinois’ 6-Person Jury Law Ruled Unconstitutional by Cook County Judge

Cook County Judge William Gomolinski ruled that the language in the Illinois Constitution, Section 1, Article 13, “The right to trial by jury as heretofore enjoyed shall remain inviolate,” prevails and thus the law adopted for 6-person juries is unconstitutional. What the judge wrote in his opinion was that the…

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Illinois Appellate Court Finds that DNA Testing is Valid in Trust Contest

The beneficiaries of the Barbara B. Kaull Trust included the biological children of Mark James Kaull’s father, Mark Kaull, who died in 2010. Mary Kaull, acting as trustee of the Barbara B. Kaull Trust, petitioned the court for a ruling on whether Mark, the elder, was also the father of…

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