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Newsletter articles from 2002
Commission on Capital Punishment April 2002
Now in private practice with a focus on mediation and arbitration, Judge McGarr served as a federal prosecutor and as the First Assistant Illinois Attorney General before spending 18 distinguished years on -the federal bench. He served as Chief Judge of the Federal District Court for the Northern District of Illinois between 1981 and 1986.
“Economic development” takings restricted
Perhaps signaling a trend toward greater protection of private property rights, the Illinois Supreme Court, in a highly unusual rehearing and reversal of its earlier ruling in the same case, held in Southwestern Illinois Development Authority v. National City Environmental, L.L.C., 199 Ill.2d 225, 768 N.E.2d 1, 263 Ill.Dec. 241 (2002) (SWIDA), that eminent domain cannot be used to take property for what it characterized as "purely private purposes," (768 N.E.2d at 11) even where that may stimulate "economic development." 768 N.E.2d at 9.
"No book about any man can be complete. In a sense, a man writes only of specimen hours, typical moments, when he does his memoirs. The real man is viewed, if at all, by indirection, through the interstices, so to speak, of the narrative."
From the chair
The subjects which the Human Rights Section deal with are matters right from the day's headlines: homeland security, racial profiling, detention without arrest, military tribunals, material witness arrest warrants, ethnic mascots and team names, affirmative actions, achool vouchers, hate crimes, speech codes, death penalty, international courts, the handicapped, family issues, privacy, access to public records, and diversity.
“The future of the section”
By the time this reaches you, the ISBA Annual Meeting will be over and this section Council will have concluded its initial meeting of the new ISBA year (2002-2003).
Hate crime enforcement by private attorney civil action
Hate crime offenses are enforced by criminal prosecutions. In the absence of or in addition to criminal prosecutions, the Illinois Hate Crime Statute (720 ILCS 5/12-7.1) authorizes private civil actions brought by the victim.
In this issue
As most of our readers know, on April 15, 2002, the long-awaited report of the Governor's Commission on Capital Punishment was released.
In this issue
Although we are not quite yet "back on track" in meeting our newsletter obligations, we have this second issue and with the assistance of the section council members, anticipate meeting our four issue annual obligation.
In this issue
We begin with an apology to all for this belated first issue. We are working to get back on track in order to meet our annual newsletter obligations and your patience is appreciated.
Judicial campaign speech
Dividing along its customary, 5-4, ideological fault line, the United State Supreme Court held in Republican Party of Minnesota v. White, ___U.S. ___, 153 L.Ed.2d 694, 122 S.Ct. 2528 (2002) (Scalia, J), that Minnesota's canon of judicial conduct prohibiting judicial candidates "from announcing their views on disputed legal and political issues" violated the First Amendment. 122 S.Ct. at 2532 & 2542 (emphasis added).
War crimes tribunals— 1948 revisited
Before rushing to embrace any International Courts or Military Tribunals in dealing with "war criminals," it would be worthwhile to examine how these proceedings have performed in the past.