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Vol 46. No.4 Summer 2022

LAW JOURNAL AWARDS……………………………………..................................... i 

ARTICLES

2021 Survey of Illinois Law: Ending Immigration Detention and Expanding Immigrant Protections

Cindy Galway Buys…………………………………………….......................................611

For many decades, Illinois has been the sixth most popular state where immigrants settle upon arrival in the United States. Partly for that reason, Illinois tends to have more pro-immigrant policies than many other states. However, Illinois has become a true leader in immigrant-friendly laws and policies in recent years, especially since 2019 when Democrats took control of both the Illinois legislature and the Governor’s office with the election of the Pritzker Administration.

This article summarizes much of the recent immigrant-related legislation adopted in Illinois and highlights a brewing federal circuit court split over limits on immigration detention by states. Specifically, Part I discusses the constitutionality of the Illinois Way Forward Act while focusing on the case, McHenry Co. v. Raoul, and Part II analyzes additional Illinois pro-immigrant legislation and their impact on present-day public policy issues.

 

2019-2022 Survey of Illinois Law: Family Law

Stephanie L. Tang……………………………………………............................................632

Following significant legislative changes to the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) in 2016, and subsequent changes to the IMDMA’s child support and maintenance portions in 2017 and 2019, respectively, 2019 to 2021 saw several legislative “clean-up” bills, and multiple new case law trends arising from applying these changes.

This Survey Article is an update to the 2017-2018 Survey of Family Law, and again seeks to assist family law practitioners and judges keep abreast of the most significant recent legislative changes and case law related to family law. These legislative changes are summarized in Section II, followed by summaries of select family law-related cases from 2019 to 2021 in Section III. This Article selectively reviews statutes and cases that highlight several of the current legislative and case law trends during this time period.

 

Survey of Illinois Law: Illinois Name, Image & Likeness Statute and Three Reasons Why Athletes Must Become Educated in Business to Properly Monetize on Their Celebrity

Sivonnia DeBarros…………........................................................................................689

The Illinois General Assembly’s recent passage of the Illinois Name, Image, and Likeness (“NIL”) legislation allows student-athletes to remove the pressure of becoming professional athletes to capitalize on their athletic ability and celebrity.

The new NIL era is a great opportunity for many struggling and hopeful student-athletes to reset their mental focus on what their future can be. However, along with the excitement, is also the underlying mental and physical commitment athletes must attend to pull off great success with NIL that does not undermine their eligibility, the school’s rules, and guidelines, or statutory prohibitions.

As athletes seek financial opportunities through NIL, there are some legal impacts that athletes, their families, and college administrators must be aware of: 1) understanding contract law; 2) understanding Intellectual Property and how NIL factors in; and 3) who can the student-athlete hold liable for damages in terms of the statute, their federal or state publicity rights if violated?

Municipal Sign Ordinances in the Post-Reed World: How Can Municipalities Continue to Regulate Signs Without Violating the First Amendment?

James V. Ferolo, J. Allen Wall, and Jonathan M. Priest……………………………………………………………711

In the aftermath of Reed, municipal officials face the question of how to regulate signs to promote legitimate governmental purposes without violating the First Amendment.

This article first seeks to provide answers to this important question by providing a historical context for the Reed v. Town of Gilbert decision by examining several earlier Supreme Court decisions that considered the constitutionality of sign regulations and the principles it used to determine when these laws violated the Free Speech Clause.

Secondly, the article examines several Federal Circuit Court of Appeals and Federal District Court, post-Reed, decisions that have interpreted and applied the 2015 opinion to recent challenges to sign regulations. Third, the article turns its attention to Reagan National Advertising of Austin v. City of Austin, a recent case in which the Fifth Circuit Court of Appeals reversed a Federal District Court ruling that the city’s billboard regulations were facially content-neutral and constitutional. The article will conclude by discussing the impact that Reed has on a municipality’s ability to use its police powers to regulate the presence of signs within its jurisdiction.