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Articles Posted in Constitutional Analysis

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Special Concurrence In IRMO Duggan Argues (1) No Retroactive Application For Amended Supreme Court Rule And (2) Postdissolution Petitions Are New Actions

Recapping the previous two blog entries, a majority of the Illinois Second District Appellate Court held: (1) An amendment to Illinois Supreme Court Rule 303(a) applied retroactively so that a premature Notice of Appeal preserved appellate jurisdiction. (See entry 10/29/07, two below.) (2) Separate postdissolution petitions in a divorce case…

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Second District Illinois Appellate Court Rules On Retroactivity of Amended Supreme Court Rule 303

In re Marriage of Duggan offers good analysis by the Second District Illinois Appellate Court of two issues that have been confounding the appellate and family law bars. We’ll look at the case, and an interesting concurring opinion that disagrees with the majority on the appellate issues, in this and…

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No Waiver Of Appellate Argument That Depended On Evidence Not In Appellate Record

Alex T. was involuntarily admitted for mental health treatment. However, at the time the circuit court granted the State’s petition to have Alex admitted, a felony charge was pending against him. Alex argued that the order admitting him for mental health treatment was void. He based his argument on the…

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Podcasting Lousin Interview On Illinois Constitution And Constitutional Convention – Cutback Amendment, 2008 Referendum For Con Con, Caring About State Constitutions

In this Track 6, the final installment of my interview with Illinois Constitutional scholar Prof. Lousin, Ann wraps up her discussion of the Cutback Amendment. She also talks about the prospects for another Constitutional Convention in Illinois. (The question of whether to have a Con Con will be on the…

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Track 5 Of Professor Lousin On The Illinois Constitution Now Podcasting — The Lock Step Doctrine, The Cut Back Amendment, Initiative and Referendum

In this fifth, and next to last, track of an exclusive interview, Professor Lousin discusses the contours of the Lock Step Doctrine, particularly how the Illinois Supreme Court has applied it to the right of privacy written into the 1970 Illinois Constitution. Professor Lousin also discusses the limited right Illinois…

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Prof. Lousin Discusses The Illinois Constitution. Now Podcasting Track 4 Of Exclusive Interview.

We continue our first podcast interview with Professor Lousin. This track contains Professor Lousin’s thoughts on the Illinois Constitution’s clauses on the Amendatory Veto, ratification of federal constitutional amendments, and the right to bear arms. There also is discussion of how the courts have interpreted Article I of the Illinois…

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Podcasting Track 3 Of Lousin On The Illinois Constitution And 1968 Constitutional Convention

On Track 3, Prof. Ann Lousin answers questions about the Illinois Constitution and the 1968 Illinois Constitutional Convention. This portion of the interview focuses on: the ideology of the 1970 Constitution; education in the Constitution; and questions concerning voting by convicted felons, gubernatorial pardons, and the amendatory veto. Track 3…

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Lousin Remembers The Illinois Constitutional Convention

In this second of six segments of an exclusive interview, Professor Ann Lousin talks about the characters who were involved in the 1968 Illinois Constitutional Convention. Who were the delegates? Who were the movers and shakers? And what role did the independent Democrats from Chicago play? This track is 7…

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Interview With Professor Ann Lousin Now Podcasting

Professor Ann Lousin is among the finest people I have known. Lucky for us she also is among the true experts on the Illinois Constitution. Soon after her academic studies, she was a researcher at the 1968 Illinois Constitutional Convention. In this first audio podcast on illinoisappellatelawyerblog.com, Ann talks about…

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Illinois Supreme Court Spanks Trial Court And Chicago Elections Board For Ruling Statute Unconstitutional

In twin cases, former aldermen Virgil Jones and Ambrosio Medrano, both convicted of federal felonies for misconduct in office, filed nomination papers to run for alderman again. Challenges were made to their nomination papers on the basis that the Illinois Municipal Code prohibited convicted felons from serving in an “elective…

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