2017 Articles

A call for downstate bail reform By Evan Bruno December 2017 Human Rights Section Chair Evan Bruno argues that "If Cook County can survive with a $100 cap on all 'bail bond costs,' surely other Illinois counties can as well."

Comments from the Chair By Shannon Shepherd March 2017 “Will my husband be deported immediately, or will we have time?” “If they come for me, will I be allowed to bring a suitcase?” These are just some of the questions that Human Rights Section Chair Shannon Shepherd has fielded since the initial executive orders on immigration were released.

Did your mother ever tell you to wear clean underwear because… ? By Michael J. Maslanka April 2017 A summary of Mulvania, et al. v. Sheriff of Rock Island County, et al., currently pending in the U.S. District Court for the Central District of Illinois.

Fourteenth Amendment: The world’s first human rights law By Kathryn E. Eisenhart December 2017 The 150th anniversary of the adoption of the 14th Amendment gives us, as members of the bar, an opportunity to educate the people of Illinois on the amendment’s history and its everyday application in the laws and courts of this country.

Hively v. Ivy Tech Community College: A noble decision that is legally incorrect By Kathryn E. Eisenhart June 2017 The dissenting judges used three methods of analysis to challenge the majority's opinion. Using their argument, author Kathryn Eisenhart believes the court arrived at an incorrect conclusion as a matter of law.

Hively v. Ivy Tech: Seventh Circuit holds that sexual orientation discrimination is a form of sex discrimination prohibited under Title VII of the Civil Rights Act of 1964 By Robert Heuer June 2017 This decision makes the Seventh Circuit the highest court in the nation to hold that sexual orientation discrimination is a form of sex discrimination under Title VII.

Human Rights Act Civil Penalties Increase By Michael J. Maslanka March 2017 Changes to the Human Rights Act became effective January 1, 2017.

Illinois Commission on Human Rights to be consolidated into the Illinois Department of Human Rights By Mark E. Wojcik April 2017 Illinois Governor Bruce Rauner issued three Executive Orders on March 31, 2017 to consolidate various state government agencies.

Justice delayed is justice denied By Kathryn Eisenhart April 2017 Until very recently the Seventh Circuit Court of Appeals, like all Federal Courts of Appeal, had held that “sex” under Title VII did not include sexual orientation or sexual preference.

Message from the Chair By Shannon M. Shepherd June 2017 Shannon Shepherd shares her thoughts in her final column as Chair of the Human Rights Section.

Note from the Editor By Kathryn E. Eisenhart March 2017 An update in the case of transgender high school student Gavin Grimm.

The ongoing saga of sexual harassment By Hon. Debra B. Walker December 2017 With the Illinois legislature beginning to undergo sexual harassment training and apparently adopting legislation that would require all elected officials to be so educated, will this apply to the third branch of government?

Punishing Poverty: Part I By Michelle A. Jenkins March 2017 In the first of this two-part look at Illinois' bail bond system, author Michelle Jenkins argues that the current system ultimately burdens those it intends to protect.

Punishing poverty: Part II By Michelle A. Jenkins April 2017 The second of this two-part look at Illinois' bail bond system, in which author Michelle Jenkins argues that the current system ultimately burdens those it intends to protect.

Remarks from the Editor By Kathryn E. Eisenhart September 2017 Editor Kathryn Eisenhart discusses current events related to sexual orientation and Title VII.

Sale to I.D.-carrying buyers only: A violation of human rights? By Michael J. Maslanka September 2017 A discussion of Deutsch Bank National Trust v. Peters.

Sessions v. Morales-Santana: Gender-based classifications in the Immigration and Nationality Act struck down by the U.S. Supreme Court By Robert Heuer September 2017 On June 12, 2017, the Supreme Court issued a ruling in furtherance of gender equality, striking down as violative of the Fifth Amendment’s equal protection guarantee a provision of the Immigration and Nationality Act (8 U.S.C. § 1401 et seq.) that treated unmarried men and women differently in their ability to transmit U.S. citizenship to their children born abroad.

The winner of the Gertz Award September 2017 This year's winner of the ISBA Human Rights Section Gertz Award is the John Marshall Law School’s International Human Rights Clinic (IHRC).