Publications

Section Newsletter Articles on Human Rights

Being locked up does not mean being locked out from medical care for serious medical needs which ARE protected by the eighth amendment right to be free from cruel and unusual punishment By Glenn R. Gaffney and Jolianne S. Walters Human Rights, December 2016 While cruel and unusual punishment can take many forms, the deliberate indifference to an inmate’s serious medical condition presents one of the more egregious and often-encountered violations of an inmate’s Eighth Amendment rights.
Comments from the Chair By Shannon Shepherd Human Rights, December 2016 Section Chair Shannon Shepherd shares her thoughts on the post-election impact on human rights.
The Illinois Supreme Court denies property rights to an unmarried same-sex couple who could not get married – Blumenthal v. Brewer, 2016 IL 118781 (2016) By Chelsea Button Human Rights, December 2016 A same-sex couple unable to marry under Illinois law could not claim any property rights because they were not married, according to a recent decision by the Illinois Supreme Court.
Justice denied By Kathryn E. Eisenhart Human Rights, December 2016 Newsletter Editor Kathryn Eisenhart poses the question, "How does the denial of access to the courts affect human rights and what can I do about it?"
A short summary of Ortiz v. Werner Enterprises, Inc., 2016 WL 4411434 (7th Cir. 2016) By Kathryn E. Eisenhart Labor and Employment Law, December 2016 This opinion is important because it clarifies methods used to determine whether proscribed discrimination has led to adverse employment action.
A short summary of Ortiz v. Werner Enterprises, Inc., 2016 WL 4411434 (7th Cir. 2016) By Kathryn E. Eisenhart Human Rights, October 2016 This opinion is important because it clarifies methods used to determine whether proscribed discrimination has led to adverse employment action.
Case summary: Blumenthal v. Brewer By Kathryn E. Eisenhart Human Rights, September 2016 This case addresses the division of assets and property jointly owned by a same-sex couple.
Commentary on Blumenthal v. Brewer By Kathryn E. Eisenhart Human Rights, September 2016 Newsletter Editor Kathryn Eisenhart shares her opinion on the court's decision.
Human Trafficking Task Force Act By Michael J. Maslanka Human Rights, September 2016 Illinois House Bill 2822 has become Public Act 99-0864, effective August 22, 2016.
Despite recent progress, criminal records remain a neglected human rights issue By Ken Stalkfleet Human Rights, June 2016 With HUD recently issuing new guidance on the use of criminal history information by housing providers, now is a good time to discuss the human rights issues attendant to criminal records.
From the editor By Kathryn E. Eisenhart Human Rights, June 2016 Editor Kathryn Eisenhart provides summaries of the recent cases of G.G v. Cloucester County School Bd. and Rozsavolgyi v. City of Aurora.
Transgender issues in schools and the workplace: Personal records By Edward Druck, Jennifer Smith, and Brianne Dunn Education Law, June 2016 The rights of transgender individuals and the application of those rights in the absence of specific laws leave schools and employers in unfamiliar territory on myriad issues. This article looks looks at the management of records with sensitive information regarding an individual’s gender transition.
Transgender issues in schools and the workplace: Personal records By Edward Druck, Jennifer Smith, and Brianne Dunn Diversity Leadership Council, June 2016 The rights of transgender individuals and the application of those rights in the absence of specific laws leave schools and employers in unfamiliar territory on myriad issues. This article looks looks at the management of records with sensitive information regarding an individual’s gender transition.
Don’t go to federal court if you are claiming employment for sexual orientation By Kathryn E. Eisenhart Human Rights, March 2016 There are more protected categories under the Illinois Human Rights Act.
Inevitable horrors: Sexual assault in prison By Cierra Simpson Human Rights, March 2016 The author, a former correctional officer and current law student, shares her insights regarding solitary confinement.
Title VII, discrimination and LGBT persons By Padraig Mccoid Human Rights, March 2016 A discussion of the cases that provide insight into the Seventh Circuit's view on expanding protections to include sexual orientation and transgender people.
When the U.S. Supreme Court speaks… By Mike Maslanka Human Rights, March 2016 A recent civil rights case decided by the U.S. Supreme Court was remarkable, not for its decision on the civil rights issue so much as it was on constitutional law, supremacy, and the interaction between federal and state governments.
Getting schooled on sex and gender By Steven J. Macias Human Rights, February 2016 Transgender rights in the school setting are gaining prominence thanks to the Department of Education [“DOE”], Office of Civil Rights’ forward-looking interpretation of Title IX. 20 U.S.C. § 1681.
Human trafficking and sex trafficking: An update on what Illinois and the federal government are doing By Michael J. Maslanka Human Rights, February 2016 Effective January 1, 2016 in Illinois, there is created, within the Department of Commerce and Economic Opportunity, the task force on opportunities for at-risk women.
Nobel Peace Prize of 2015 By Kathryn E. Eisenhart Human Rights, October 2015 Four Tunisian organizations comprising the National Dialogue Quartet have won the 2015 Nobel Peace Prize.
When the Pope speaks By Michael J. Maslanka Human Rights, October 2015 Have an opinion on the Pope's comment regarding the action or inaction of Kim Davis, County Clerk of Rowan County, Kentucky? Let us know in the comments section of this article!
Out of touch: Shelby County v. Holder and the callous effects of Chief Justice Roberts’ equal state sovereignty By Adam Bolotin Human Rights, September 2015 Though Roberts’ opinion in Shelby County v. Holder not find preclearance unconstitutional, without a coverage formula discriminatory laws go into effect automatically and stay in effect pending the outcome of litigation.
Holt v. Hobbs: The compelling interest standard and religious dress and grooming exemptions By Priti Nemani Diversity Leadership Council, June 2015 In a political climate where the delicate interests of religion and government continue to collide both domestically and internationally, the Holt decision renews the promise of the First Amendment by demonstrating that all Americans, even prison inmates, are entitled to the right to freely exercise religious beliefs and by reminding our courts to review challenges to this essential American freedom with a particularly careful eye.
The inadvertent advocacy of a transgender litigant By Vera Sarilyn Verbel Diversity Leadership Council, June 2015 The author shares her experience as a party in the Illinois court system.
Remembering Selma: The unfinished journey Diversity Leadership Council, June 2015 Fifty years after the Selma Freedom March, Loyola University Chicago’s Baum lecture featured Adrienne Y. Bailey, PhD., a senior consultant with Panasonic Foundation and one of the students who participated in that life-changing event.
Whistling Dixie not the smartest trial strategy, nor racially sensitive, nor consistent with due process and equal protection By Paul J. Glaser Diversity Leadership Council, June 2015 Prosecutors say the darnedest things in closing arguments, and sometimes those things amount to reversible error.
The 60th anniversary of Brown v. Board of Education: Cause for celebration, reflection and renewal By Maggie Noe Human Rights, February 2015 The author argues that while there has been significant progress in achieving racial equality in many areas of American society, the promise of Brown for school children has not been fulfilled.
Removing nationality as a punishment By Mark E. Wojcik Human Rights, February 2015 In January 2015, the Constitutional Council of France issued a ruling that authorized French authorities to remove the French nationality of a Moroccan man who became a French national in 2003.
Human rights violations: The detention of immigrant children and families By Helen Harnett Human Rights, January 2015 Since 2011, the number of individuals seeking asylum in the United States from Mexico and three Central American countries has steadily increased. After an initial burst of media activity around the arrivals, the current plight of those children is not in the spotlight.
What the media isn’t telling you about the Redskins trademark lawsuit By Kay Weiler Human Rights, January 2015 While the media and a significant number of supporters of Native Americans have expressed outrage at the Eastern District of Virginia's recent decision, it is clearly aligned with U.S. law.