Publications

Section Newsletter Articles on Human Rights

Is the use of facial recognition software an invasion of your privacy rights? By Peter LaSorsa Human Rights, October 2012 Individuals own their facial profile and at least in Illinois they are afforded some protections.
A new shield against governmental interference with religious entities By Fred J. Naffziger Human Rights, October 2012 In its most important religious freedom case in the past four decades, the Supreme Court recently handed attorneys defending religious institutions from governmental interference a significant shield.
Oyez! Oyez! Oyez! Supreme Court’s new term By Derrick Thompson, Jr. Human Rights, October 2012 By all accounts, the U.S. Supreme Court's 2012 term is expected to create major headlines with several high profile cases involving human rights, civil rights and civil liberties.
Supreme Court in review: The Affordable Care Act cases By Derrick Thompson, Jr. Human Rights, October 2012 In June, 2012, the Affordable Care Act was upheld in a 5-4 decision. The following is a brief synopsis of the issues before the Supreme Court and the Supreme Court’s answers to those issues.
A new world order: Harvard Professor John Ruggie’s final guiding principles on business and human rights By Michael G. Congiu Business Advice and Financial Planning, April 2012 The final U.N.'s Guiding Principles on Business and Human Rights pose an enormously significant set of parameters upon corporations and signify a critical departure from the historical obligation of states to protect and promote the human rights. According to the Guiding Principles, companies now have human rights obligations that are commensurate and may even exceed the obligations of sovereign states.
An interview with State Representative Robyn Gabel on House Bill 1958 and the shackling of pregnant prisoners By Mary F. Petruchius Women and the Law, March 2012 An interview with Robyn Gabel, who sponsored a bill in the Illinois House of Representatives aimed to improve conditions for pregnant prisoners.
Immigration detainers violate human rights By Kelly Brackley Human Rights, December 2011 Why should immigrants be treated any differently from anyone else who is arrested—why are they denied due process?
It’s Game Over for proponents of videogame regulation By Steven Helle Human Rights, December 2011 Many courts have pointed out that no one has been able to establish anything more than a correlation—and not causation—between violence in videogames and real life. A look at the recently decided case of Brown v. Entertainment Merchants Assn.
Meet the members of the Human Rights Section Council Human Rights, December 2011 Get to know more about Human Rights Section Council members Michael Maslanka and Shannon Shepherd.
Meet the editors Human Rights, October 2011 Get to know the editors responsible for putting together the Human Rights newsletter.
Respecting religious freedom without sacrificing justice: The right to wear religious garb in court proceedings By Hon. Thomas More Donnelly Bench and Bar, October 2011 The free exercise of religion in this country deserves a delicate approach. While a trial judge has the ultimate responsibility to control the courtroom, the responsibility must be exercised reasonably and within constitutional bounds.
LGBT Immigrant Rights Initiative By Mark E. Wojcik International and Immigration Law, September 2011 The National Immigrant Justice Center announced that it has changed the name of its LGBT-focused project from the “National Asylum Partnership on Sexual Minorities” to the “LGBT Immigrant Rights Initiative.”
Analysis of order preliminarily enjoining Arizona S.B. 1070 By David W. Austin Human Rights, August 2011 S.B. 1070 has already generated a number of resolutions in both the Illinois House and Senate, as well as the Chicago City Council, all calling for its repeal.
The new Arizona immigration law mirrors existing federal law By Peter LaSorsa Human Rights, August 2011 The federal government estimated that Arizona had one of the fastest growing illegal immigrant populations in the country, increasing from 330,000 in 2000 to 560,000 by 2008.
Some comments from Arizona By Kathryn E. Eisenhart Human Rights, August 2011 Some thoughts about SB 1070 from author Kathryn Eisenhart.
Thoughts on Senate Bill 1070 By Scott Turner Human Rights, August 2011 According to author Scott Turner, "...if this bill is examined in a subjective way, one can see that the motivations behind Senate Bill 1070 have very little to do with race."
The Human Rights Campaign Corporate Equality Index By Marc A. Garcia Diversity Leadership Council, June 2011 Since 2002, through the Corporate Equality Index (CEI), the Human Rights Campaign has surveyed major businesses, including law firms, to benchmark important employer benefits and protections for lesbian, gay, bisexual and transgender (LGBT) employees and their families.
The Illinois Religious Freedom Protection and Civil Union Act By Richard A. Wilson Diversity Leadership Council, June 2011 When the new Act took effect on June 1, Illinois joined 11 U.S. States and the District of Columbia that now recognize legal unions between same-sex couples.
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 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 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.
Reorganization will strengthen the ISBA’s diversity efforts By Alice M. Noble-Allgire Human 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 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 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 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.