2016 Articles

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 & Jolianne S. Walters 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.

Book review: Rogue Justice: The Making of the Security State by Karen J. Greenberg By John Otrompke October 2016 Karen Greenberg’s Rogue Justice is a brief but encyclopedic account of modern times.

Case summary: Blumenthal v. Brewer By Kathryn E. Eisenhart 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 September 2016 Newsletter Editor Kathryn Eisenhart shares her opinion on the court's decision.

Comments from the Chair By Shannon Shepherd December 2016 Section Chair Shannon Shepherd shares her thoughts on the post-election impact on human rights.

Comments from the Chair By Shannon Shepherd October 2016 A message from Human Rights Section Chair Shannon Shepherd.

Despite recent progress, criminal records remain a neglected human rights issue By Ken Stalkfleet 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.

Don’t go to federal court if you are claiming employment for sexual orientation By Kathryn E. Eisenhart March 2016 There are more protected categories under the Illinois Human Rights Act.

From the editor By Kathryn E. Eisenhart 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.

From the editor By Kathryn E. Eisenhart February 2016 A message from Editor Kathryn Eisenhart.

Getting schooled on sex and gender By Steven J. Macias 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 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.

Human Trafficking Task Force Act By Michael J. Maslanka September 2016 Illinois House Bill 2822 has become Public Act 99-0864, effective August 22, 2016.

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 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.

Inevitable horrors: Sexual assault in prison By Cierra Simpson March 2016 The author, a former correctional officer and current law student, shares her insights regarding solitary confinement.

Introduction to restorative justice By Sheila Murphy February 2016 John Marshall Law School offers a course in Restorative Justice. The law students go to grade school and high school to teach students about the solutions possible besides crime, courts, and prison.

ISBA Human Rights Section Council Gertz awarded to Cindy Galway Buys By Kelly Parfitt October 2016 Through her tireless representation, research and advocacy, Professor Buys has sought to give dignity and freedom to those seeking a better life in the United States.

Justice denied By Kathryn E. Eisenhart 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?"

Sanctity of jury process upheld By Michael J. Maslanka June 2016 In a case recently decided by the U.S. Court of Appeals for the Seventh Circuit, a District Court’s judgment of conviction on a jury’s guilty verdict was reversed and the case was remanded for a new trial because of an improper jury verdict.

A short summary of Ortiz v. Werner Enterprises, Inc., 2016 WL 4411434 (7th Cir. 2016) By Kathryn E. Eisenhart October 2016 This opinion is important because it clarifies methods used to determine whether proscribed discrimination has led to adverse employment action.

Title VII, discrimination and LGBT persons By Padraig Mccoid 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.

Transgender: A legal issue By Kathryn E. Eisenhart March 2016 A look at the current legal hurdles transgender individuals face.

When the U.S. Supreme Court speaks… By Michael J. Maslanka 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.