1999 Articles

Basics of employment discrimination: Who can sue whom for what By Iain D. Johnston February 1999 A plaintiff must exhaust administrative remedies under Title VII, ADEA and ADA, but need not exhaust administrative remedies for claims under sections 1983 and 1981.

From the chair By Arthur J. Inman October 1999 This issue brings council member Doug Darch's summary of a recent 7th Circuit case which could have important implications in the gun control controversy.

From the chair By Arthur J. Inman August 1999 Welcome to the 1999-2000 ISBA year and to the new edition of our section council newsletter. Several new members on our council add a variety of experience to our deliberations and programs.

From the chair By Iain D. Johnston May 1999 This issue of the newsletter contains the agenda for a presentation sponsored by this section council and the Child Law Section Council.

From the chair By Iain D. Johnston February 1999 This edition of the newsletter contains material that arose from the Midyear Meeting.

From the past chair By Iain D. Johnston August 1999 In the past several years as a member of this section council, I have been lucky to work with smart, interesting and fun lawyers and judges, whom I now consider my friends.

Hate (thought?) crimes By James Stern August 1999 Clarence Darrow said: "There is no such crime as a crime of thought; there are only crimes of action."

Minutes of section council meeting By Michael F. O’Brien February 1999 The meeting of the ISBA Human Rights Section Council was called to order by the Chair, Iain D. Johnston, at 9:45 a.m. on December 12, 1998, at the Sheraton Chicago Hotel & Towers Ontario Room.

No gun, no work By Douglas A. Darch October 1999 In a twist on the slogan made popular by the TV show Paladin "Have Gun, Will Travel," the Indianapolis Police Department terminated a police officer with more than 25 years of service because he was barred by a federal statute from carrying a gun.

Nondelegation doctrine makes comeback By Douglas A. Darch August 1999 The Court of Appeals for the D.C. Circuit recently had the opportunity to dust off one of those little used and often forgotten constitutional law principles. In American Trucking Associations v. U.S. E.P.A., 175 F.3d 1027 (D.C. Cir. 1999), the court of appeals struck down several national ambient air quality standards issued by the Environmental Protection Agency ("EPA").

The origin of juvenile courts and the evolution of juvenile rights By Richard L. Hutchison February 1999 The facts and quotes in this article were derived from the book "A Kind and Just Parent," Author, William Ayers, Beacon Press.

School discipline under Individuals with Disabilities Education Act (IDEA) By KKathe Klare May 1999 School discipline is an important issue for educators, parents and students. It is of special significance for students with disabilities and their parents since historically the schools had failed to adequately protect the rights of children by inconsistent and subjective decision-making particularly when dealing with discipline.

Second District holds Tort Immunity Act taxes unavailable for prospective equitable remedies By Michael F. O’Brien October 1999 Editor's note: Previous editions of this newsletter contained articles entitled "The Tort Immunity Act and judicial taxation" (Oct. 1997, Vol. 24, No. 2) and "Circuit Court rules Tort Immunity Act taxes cannot fund school desegregation programs" (Jan. 1998, Vol. 24, No. 3) describing Rockford's court-ordered school desegregation taxes.

Some reflections on the emergence of a new victim class By Arthur J. Inman May 1999 The insightful and probing television drama, The Practice, a realistic look inside a small law firm practice in a Big City, recently presented a program on a too often overlooked victim class.