Reinvigorating Habeas Corpus: Ruling on “actual innocence”By Sheila M. MurphyHuman and Civil Rights, October 2009In 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.
Pregnant inmates suffer human rights violationsBy Cynthia WestHuman and Civil Rights, September 2009Pregnant 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 KansasBy Hon. Tom ChiolaBench and Bar, July 2009The 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 couplesBy Natalie VeraHuman and Civil Rights, May 2009In 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 powersBy Michael D. BersaniLocal Government Law, March 2009In 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. BrunoHuman and Civil Rights, January 2009The 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 ActBy Eileen M. GearyGovernment Lawyers, December 2008Employers, including local governments, are preparing to defend a new type of case in circuit court.
Report of status of selected civil liberties issues in RussiaBy Natalia EvdokimovaHuman and Civil Rights, September 2008Chapter II of the Constitution of the Russian Federation adopted in 1993 grants the rights and liberties of the citizens of Russia.
John Yoo and the Problem of Constitutional EvilBy Mark GraberHuman and Civil Rights, June 2008Having 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 gatheringBy Thomas A. BrunoHuman and Civil Rights, June 2008The FBI has proposed taking tissue samples of all persons arrested by the FBI for submission to the FBI’s DNA database.
Guantánamo in the Supreme Court … AgainBy Marc FalkoffHuman and Civil Rights, April 2008Boumediene 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 DarfurBy Scott W. GertzHuman and Civil Rights, April 2008The images have been horrific. The United States government has labeled the atrocities committed by the Sudanese government genocide.
Contractual foundations of universal human rightsBy Christopher R. MinelliHuman and Civil Rights, June 2007Next 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 FujimoriBy Sean O’BrienHuman and Civil Rights, March 2007A 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. EisenhartHuman and Civil Rights, November 2006On 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.
Thoughts on the creation of the United Nations Human Rights CouncilBy Mark E. WojcikInternational and Immigration Law, May 2006The 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 IllinoisBy Steven HelleHuman and Civil Rights, April 2006The 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.
Thoughts on the creation of the United Nations Human Rights CouncilBy Mark E. WojcikHuman and Civil Rights, April 2006The 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.
Case notesBy Douglas A. Darch & Thomas A. BrunoHuman and Civil Rights, December 2005Recent cases of interest.
Pandemic flu—A rights shamblesBy Amy GajdaHuman and Civil Rights, December 2005If the experts are right and a flu epidemic hits this year or next year or some year soon, life as we know it in the United States will likely change for awhile.
Illinois groups turn to international bodies for assistance in promoting human rightsBy David W. AustinHuman and Civil Rights, September 2005As illustrated by two recent news stories, bar associations and human rights organizations in Illinois are increasingly turning to international bodies in their efforts to combat local abuses of human rights.
New Illinois laws affecting human rights: A selected survey of recent legislation approved in IllinoisBy Mark E. WojcikHuman and Civil Rights, September 2005One of the more important functions of each section council involves the review of legislative proposals submitted to the state (and sometimes federal) legislature. Section council members review and comment on proposed legislation, drawing upon the council's collective wisdom and experience in the field of human rights.
