Section Newsletter Articles on Human Rights

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 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 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 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 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 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 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 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 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 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 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.
Never again or always forever? The fate of Africa, specifically the current genocide in Sudan By Sarah Simonson Human 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.
2005 Illinois Human Rights Commission decisions By Alisa B. Arnoff Labor and Employment Law, March 2006 Recent cases of interest to labor & employment law practitioners.  
Case comment By Thomas A. Bruno Human Rights, December 2004 The Illinois Supreme Court has ruled (The City of Urbana, Appellee, v. Andrew N.B., Appellant.-The City of Champaign, Appellee, v. Montrell D.H., Appellant. ; Docket Nos 95408, 95803; Opinion filed June 24, 2004) that it is a misuse of the contempt power of the court to impose a sentence of incarceration on minor defendants who fail to meet the terms of their court supervision sentences in municipal ordinance violation cases.
Have you joined RISSNET? By James Bumgarner Human Rights, September 2003 If you are presently a member of VGTOF, Capps, TIA, or TIDISDM, you are also a member of RISSNET.
Protecting every Illinois family By Kenneth Dobbs Human Rights, December 2002 Imagine that you are a seven-year-old boy. Your parents rent a summer cottage at a campground for a vacation.
Illinois Native American Bar challenges racial school sports name of “redskins” By Richard L. Hutchison Human Rights, January 2002 In the litigation Mathew Beaudet refers to in the last paragraph of his article, the Illinois Native American Bar Association filed a civil rights lawsuit against the Huntley Illinois High and Middle School.
The A, B, and C of an ALJ decision: Gilchrist v. Human Rights Commission, No.1-99-1054, decided March 27, 2000 By J.A. Sebastian Administrative Law, July 2000 In Gilchrist v. Human Rights Commission, the First District Appellate Court held, sua sponte, that the Illinois Human Rights Commission (the "Commission") exceeded its statutory authority when it (1) entered an order that allowed an administrative law judge ("ALJ") to issue a written decision on a matter that the ALJ had not personally presided over, and (2) accepted, in its entirety, the "recommended order and decision" of that ALJ.