Articles on Human Rights | Illinois State Bar Association

Fei Mei Cheng v. Attorney General of the United States, 2010 WL 3896198 (C.A.3) By Lisa A. Foran International and Immigration Law, April 2011 This case will help other circuits refine their definition of “other resistance” in the INA as human rights issues come to the forefront of American/Chinese relations.

Program on Dual Nationals International and Immigration Law, April 2011 Check out the April 20th program that will feature a panel of three attorneys to discuss, “Dual Nationals and Deemed Exports: Legal Perspectives on Compliance, Immigration and HR Issues.”

Restorative justice now! By Hon. Sheila M. Murphy Human and Civil Rights, April 2011 A call for restorative justice in Illinois.

“When I’m 64”—Why elderly gay couples need marriage rights By Valerie Sherman Elder Law, April 2010 The hospital issues, estate planning, and inheritance issues that younger gay couples worry about come to reality as long-term gay couples age, affecting the elderly most acutely.

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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Reorganization will strengthen the ISBA’s diversity efforts By Alice M. Noble-Allgire Human and Civil Rights, February 2010 You may not have heard any hammers or saws, but the ISBA recently completed a major renovation of its diversity-related committees and sections councils—a renovation that is already seeing substantial dividends in terms of greater efficiency and collaborative creativity.

Reinvigorating Habeas Corpus: Ruling on “actual innocence” By Sheila M. Murphy Human and Civil Rights, October 2009 In Re Troy Anthony Davis was decided by the U.S. Supreme Court, No.08-1443 (Aug. 17, 2009), over the dissent of Justice Scalia and Justice Thomas.

Editor’s column: The other elephant in the room: Gates vs. Cambridge police raises fundamental issues beyond the issue of racial profiling By John T. Phipps General Practice, Solo, and Small Firm, September 2009 A note from Editor John Phipps.

Pregnant inmates suffer human rights violations By Cynthia West Human and Civil Rights, September 2009 Pregnant women in prison need better access standard health care, reasonable bodily movement and freedom from shackles and restraints during transport to the hospital, labor and delivery.

Gay and lesbian judges? Oh my! Toto, we’re not in Kansas By Hon. Tom Chiola Bench and Bar, July 2009 The recent formation of the Alliance of Illinois Judges (www.TheAIJ.com) by the 15 openly gay and lesbian judges on the Circuit Court of Cook County marks a sea change in Illinois elected office.

Immigration in the context of human rights: A focus on bi-national same sex couples By Natalie Vera Human and Civil Rights, May 2009 In today’s society, where there exists a rapidly evolving notion and composition of the family, our immigration laws are antiquated and incapable of securing and protecting the wide variety of family structures that exist in the United States.

Supreme Court broadens law enforcement investigatory powers By Michael D. Bersani Local Government Law, March 2009 In an historical decision rendered on January 26, 2009, the United States Supreme Court in Arizona v. Johnson, unanimously upheld the authority of the police to “stop and frisk” a passenger detained pursuant to a valid traffic stop, when the officer reasonably suspects that the person is armed and dangerous but does not suspect criminal activity.

Mental retardation: Mitigating or aggravating factor in sentencing? By Thomas A. Bruno Human and Civil Rights, January 2009 The Illinois Supreme Court has ruled on the proper application of mental retardation as a mitigating or aggravating factor in sentencing in People v. Heider, Docket No. 103859, decided May, 2008.

Amendment of the Illinois Human Rights Act By Eileen M. Geary Government Lawyers, December 2008 Employers, including local governments, are preparing to defend a new type of case in circuit court.

Report of status of selected civil liberties issues in Russia By Natalia Evdokimova Human and Civil Rights, September 2008 Chapter II of the Constitution of the Russian Federation adopted in 1993 grants the rights and liberties of the citizens of Russia.

All you need is love. . . And the right legislation: The Illinois Religious Freedom Protection and Civil Unions Act (House Bill 1826) By Annemarie E. Kill Diversity Leadership Council, June 2008 The Illinois Religious Freedom Protection and Civil Unions Act (HB 1826) was originally introduced in the Illinois House on February 23, 2007.

John Yoo and the Problem of Constitutional Evil By Mark Graber Human and Civil Rights, June 2008 Having just excerpted the Yoo memo for Gillman, Graber, and Whittington, American Constitutionalism (forthcoming, 2010), let me suggest that the claims are constitutionally plausible or as plausible as most of what I read when I read legal materials.

Pre-conviction DNA gathering By Thomas A. Bruno Human and Civil Rights, June 2008 The FBI has proposed taking tissue samples of all persons arrested by the FBI for submission to the FBI’s DNA database.

Thank Yoo and Judge (Mostly Getting a Free Pass) Bybee By Brian Tamanaha Human and Civil Rights, June 2008 Thank them for what? For effectively bringing home three essential lessons about the rule of law:

Guantánamo in the Supreme Court … Again By Marc Falkoff Human and Civil Rights, April 2008 Boumediene v. Bush is the latest of the Guantánamo detainee cases to make it to our nation’s highest court, and it will be the third time that the Justices take a metaphorical tour of Guantánamo in order to sort out some fundamental issues concerning our country’s dedication to the rule of law in the age of terror.

A Law Day Program on the crisis in Darfur By Scott W. Gertz Human and Civil Rights, April 2008 The images have been horrific. The United States government has labeled the atrocities committed by the Sudanese government genocide.

“The condemnation of Sir Walter Raleigh” or “confronting confrontation” By Thomas A. Bruno Human and Civil Rights, June 2007 The Illinois Supreme Court has decided a case on the Confrontation Clause that takes us back to the days of Sir Walter Raleigh.

Contractual foundations of universal human rights By Christopher R. Minelli Human and Civil Rights, June 2007 Next year marks the sixtieth anniversary of the ratification of the United Nation’s Universal Declaration of Human Rights.

ISBA Human Rights Section Council member wins case for victims of Dictator Alberto Fujimori By Sean O’Brien Human and Civil Rights, March 2007 A team of Notre Dame law professors and LL.M students has won an important case before the Inter-American Court of Human Rights, establishing Peru’s responsibility for human rights violations during the dictatorship of former President Alberto Fujimori.

Note on ACLU v. NSA 438 F. Supp. 2d 754 (E.D. Mich. 2006) By Kathryn E. Eisenhart Human and Civil Rights, November 2006 On August 17, 2006, Senior Judge Anna Diggs Taylor of the Federal District Court for the Eastern District of Michigan issued a decision in American Civil Liberties Union et al (ACLU) v. National Security Agency et al (NSA). Decisions by federal district courts are only occasionally of sufficient importance to get noticed by the national press. This decision is clearly one of them.

Never again or always forever? The fate of Africa, specifically the current genocide in Sudan By Sarah Simonson Human and Civil Rights, June 2006 After World War II, the world said “never again.” Never again would the rest of the world stand idly by as a government, theoretically the protectorate of the people, slaughtered millions of its own citizens.

Councils and Commissions: Is the new “Human Rights Council” simply a difference without distinction? By Jacob A. Ramer International and Immigration Law, May 2006 On March 15, 2006, the U.N. General Assembly voted 170-4 in favor of a resolution calling for the creation of a Human Rights Council, replacing the largely-criticized Commission on Human Rights.

Thoughts on the creation of the United Nations Human Rights Council By Mark E. Wojcik International and Immigration Law, May 2006 The U.N. Human Rights Commission had been created with good intentions for protecting and promoting international human rights law, but along the way the countries who were elected to membership on the Commission had terrible human rights records.

Human Rights Symposium at University of Illinois By Steven Helle Human and Civil Rights, April 2006 The Human Rights Section Council sponsored a symposium on a variety of topics related to human rights on Feb. 24 at the University of Illinois College of Law.

Off the Record: Remembrances of the 1970 Illinois Constitutional Convention By Mary Lee Leahy Human and Civil Rights, April 2006 In December, 1969, 118 Delegates to the Illinois Constitutional Convention met in Springfield to draft a new Constitution for the citizens of Illinois.

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