Abstract

http://ssrn.com/abstract=1625411
 


 



Judicial Versus Legilsative Authority after Lebron


Jeffrey A. Parness


Northern Illinois University - College of Law

March 15, 2010

Illinois Bar Journal, Vol. 98, p. 324, 2010

Abstract:     
In February, 2010 in Lebron v. Gottlieb Memorial Hospital, the Illinois Supreme Court invalidated certain statutory caps on non-economic damages in medical negligence cases. The court ruled the caps “unduly” infringed “upon the inherent power of the judiciary” theretofore recognized (albeit in judicial dictum) within the separation of powers clause of the Illinois Constitution. The caps were said to “encroach” on the judiciary’s “sphere of authority” in civil procedure lawmaking because they impeded “the courts in the performance of their function.”

This article examines what types of statutes after Lebron will likely be invalidated on separation of powers grounds. After examining Lebron, the article concludes that there will be heightened judicial scrutiny of statutes on attorney conduct, appellate practice, and jury decision-making.

Number of Pages in PDF File: 2

Keywords: civil procedure, judicial rules, civil procedure codes, Supreme Court rulemaking, separation of powers, inherent judicial authority, judicial power

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Date posted: June 17, 2010  

Suggested Citation

Parness, Jeffrey A., Judicial Versus Legilsative Authority after Lebron (March 15, 2010). Illinois Bar Journal, Vol. 98, p. 324, 2010. Available at SSRN: http://ssrn.com/abstract=1625411

Contact Information

Jeffrey A. Parness (Contact Author)
Northern Illinois University - College of Law ( email )
Swen Parson Hall
DeKalb, IL 60115
United States
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