2004 Articles

Address to the U of I Board of Trustees By Kim Edward Cook October 2004 My name is Kim Edward Cook. I was born and raised in Muskogee, Oklahoma. I am a member of the Cherokee Nation.

Case comment By Thomas A. Bruno 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.

Chief Illiniwek: Our right-Our responsibility By John Gaudau October 2004 Tyranny is the arbitrary or oppressive use of power or authority. We know this without having to refer to Webster.

Chief Illiniwek: The honored symbol of the University of Illinois By Nick Klitzing October 2004 Chief Illiniwek is a dignified and respectful symbol of the University of Illinois. The Chief Illiniwek tradition was conceived in 1926 to honor the native peoples who first inhabited the land now known as Illinois.

An essay on marriage and civil unions By Dennis A. Rendleman February 2004 Consider, if you will, the latest social wedge-issue being used to divide Americans: the shibboleth "Gay Marriage."

Facial invalidation in First Amendment cases-The end of an era? By Steven Helle February 2004 A 30-year era in Supreme Court jurisprudence regarding the First Amendment might be ending.

From Individual Rights to Human Rights: Does the new Section name also require a new policy agenda? By Mark E. Wojcik December 2004 At the 2004 ISBA Annual Meeting, the Section Council of the Section on Individual Rights and Responsibilities voted to change its name to the Section on Human Rights.

From the Chair December 2004 After our first newsletter issue, devoted to the issue which has come to be known as "the Chief Illiniwek matter," we received comments suggesting that the topic was not really related to either "Constitutional Law & Liberty" (the masthead title of our newsletter) or "Individual Rights & Responsibilities" (the formal title of our Section).

From the Chair By Phillip B. Lenzini October 2004 Following my immediate predecessor, Richard Hutchison's practice, I wanted to lead off this issue with a column from my perspective as Chairman of the Section Council.

From the chair By Richard L. Hutchison May 2004 Basic human rights are at stake daily world wide and in our own backyard. The basic constitutional rights that we hold so dear likewise are under severe challenge in our country.

From the chair By Richard L. Hutchison February 2004 A recent survey of ISBA members identified our publications and our CLE offerings as the top reasons members belong to our organization.

Governmental ethics: Public Acts 93-615 & 93-617 By Phillip B. Lenzini February 2004 In its zeal to close the door after the horses have left the barn, the Illinois General Assembly has created Public Act 93-615, the State Officials and Employees Ethics Act, and Public Act 93-617, an act in relation to governmental ethics.

In defense of Chief Illiniwek By Roger Huddleston October 2004 For 78 years, Chief Illiniwek has been the symbol of the spirit of a great university and of its intercollegiate athletic teams, and as such, is loved by the people of Illinois.

A muted First Amendment victory in Chief Illiniwek case By Steven Helle October 2004 First Amendment advocates might find the result in the "Chief Illiniwek case" appealing, yet consider the reasoning vaguely troubling.

An overview of the United States Supreme Court’s equal protection standard for the adjudication of racial gerrymandering lawsuits By Frank M. Adams May 2004 Note: The "predominant factor" test is the test that has been developed by the United States Supreme Court to examine, under equal protection analysis, the constitutionality of the use of race by state and local entities in their redistricting plans.

Reforming the death penalty By Kathryn Saltmarsh February 2004 Government lawyers work in a variety of contexts and legal categories. Prosecutors and public defenders are by definition adversaries in the court room.1 Over the spring 2003 session of the 93rd General Assembly, the lion and lamb successfully worked together toward the goal of death penalty reform.

Retire Chief Illiniwek By Richard L. Hutchison October 2004 Chief Illiniwek's performances were a welcome interlude when I attended sporting events as a student and later as an alumni at the University of Illinois' campus.

Section members invited to help with CLE program proposals By Mark E. Wojcik February 2004 At the last meeting of our Section Council, I was authorized to draft several proposals for new continuing legal education programs that our section on Individual Rights and Responsibilities might co-sponsor with other ISBA sections, such as the Section on Torts or the Section on Family Law.

Some observations on the legal status of American Indians and American Indian tribes By James W. Springer December 2004 The legal status of Indians and Indian tribes under American law is unique, distinctive, and at times eccentric.

Torture and war crimes-Violations of international law and our constitutional values By Mark E. Wojcik May 2004 In recent days the world has seen shocking, horrific, despicable photographs of Iraqi prisoners who were being humiliated, abused, and tortured by smiling Americans.