Publications

Section Newsletter Articles on Administrative Law

ISBA Administrative Law Section Council goes to school By Hon. Ann Breen-Greco Administrative Law, January 2010 On October 15, ISBA Administrative Law Section Council members Jewel Klein, Sheila Harrell, and Ann Breen-Greco gave a presentation to Judge Paul Lillios’ administrative law class at John Marshall Law School. Bios of the presenters were prepared and distributed to the students and the presenters also gave the students handouts.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, January 2010 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site. These have been downloaded and reorganized according to topic by Ed Schoenbaum for members of the Administrative Law Section, with permission. 
Administrative law case summaries By Hon. Edward J. Schoenbaum Administrative Law, December 2009 Ill Supreme Court and 7th Circuit Cases
Doing it on the square By J.A. Sebastian Administrative Law, December 2009 The date: October 2, 2009. In the Chicago area, an historical day: a day when some bemoaned the selection of Rio rather than Chicago for the 2016 Olympics. For others, it was the day to attend the annual endowed Rudolf G. Schade Lecture Series at Elmhurst College, created in 1984 as a class gift to sponsor an annual campus lecture, usually pertaining to history or ethics.
Fifteen pages impracticable limit on administrative review By Jewel N. Klein Administrative Law, December 2009 Most of the judges in the Circuit Court of Cook County have a 15-page limit on briefs. When one challenges an administrative agency decision, the 15-page limit is impracticable.
October 2009 Administrative Law decisions, with analysis and commentary By William A. Price Administrative Law, December 2009 Supreme Court and Appellate Courts
7th Circuit finds that “stay-put” does not encompass Individuals with Disabilities Education Act (IDEA) services provided outside of the student’s Individual Education Plan (IEP) By Hon. Ann Breen-Greco Administrative Law, October 2009 The 7th Circuit noted that in most cases District Courts will not need to go beyond the four corners of the IEP to decide which services are covered by the stay-put umbrella.
Administrative Law Case Summaries By Hon. Edward J. Schoenbaum, J.A. Sebastian, and William A. Price Administrative Law, October 2009 A list of recent cases of interest to Administrative Law practitioners.
Section Council Profiles By William A. Price Administrative Law, October 2009 We’re planning to provide information on the various members of the Administrative Law Section Council over the course of this newsletter year. Here are the first two biographical summaries.
Web Committee By Patti Gregory-Chang Administrative Law, October 2009 Our Web committee has been working to update our ISBA Administrative Law Web page. We want this to be an essential tool for practitioners. Toward that end we hope to add links to useful Web pages and forms. We are soliciting members’ assistance.
Administrative law decision summaries By Edward J. Schoenbaum Administrative Law, September 2009 Recent cases of interest to administrative law practitioners.
“It ain’t over ‘til it’s over”: Circuit court jurisdiction after remand to an administrative agency By William A. Price Administrative Law, September 2009 Post-judgment proceedings can be decisive in any case, and they may be difficult to obtain promptly where state agency proceedings are at issue.
Regulatory agendas, lists, and other compliance aids By William A. Price Administrative Law, September 2009 The Illinois Administrative Procedure Act allows counsel some insight into what rules are coming down the pike by requiring all agencies to publish regulatory agendas in the January 1 and July 1 editions of the Illinois Register.
The right to an agency decision, and 35 days to appeal, including some weekend days By William A. Price Administrative Law, September 2009 If your client gets a state agency decision, he or she is entitled to a clear and simple explanation of what standard the agency applied, and why the decision was made.
Thoughts about future CLE programs—your ideas are important Administrative Law, September 2009 On May 15th, 2009, the ISBA Administrative Law Section Council presented a CLE program entitled State and Municipal Administrative Hearings and Appeals in Springfield.
When is 35 days not 35 days under the Administrative Review Law? By J.A. Sebastian Administrative Law, September 2009 Section 3-103 of the Illinois Administrative Review Law (735 ILCS 5/3-101 through 113) provides that “[e]very action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision.”
Administrative law decision summaries By Edward J. Schoenbaum Administrative Law, August 2009 Recent cases of interest to administrative law practitioners.
Morgan II By Jewel N. Klein Administrative Law, August 2009 If Morgan I was a primer on administrative law, Morgan II presents a primer on how even the best of defenses will be unsuccessful against an agency determined to get rid of a bad actor.
Administrative law decision summaries By Edward J. Schoenbaum Administrative Law, June 2009 Recent cases of interest to administrative law practitioners.
Administrative Law Section Seminar and Section Council Meeting in Springfield, May 15th and 16th By William A. Price Administrative Law, June 2009 The Section sponsored a well-received seminar on administrative hearings and appeals this May 15th, and the Section Council met the day afterward at the Abraham Lincoln hotel in Springfield, Illinois.
Are criminal prosecutions for prevarication possible? By William A. Price Administrative Law, April 2009 Political and governmental ethics debates in Illinois may have reached a new low this spring, with a member of the majority party defending a vote against a special election with a comment on the situation of the state’s junior U.S. Senator, currently challenged for less-than-forthcoming answers about how he obtained appointment, and for unsuccessful attempts to raise political funds in the course of discussions of same.
Confessions of an Ad Law junkie By Jewel N. Klein Administrative Law, April 2009 If politics excite you, if you like to watch government at work, if you think about public policy and its impact on people, administrative law is for you.
Follow-up on H-1B TARP By Sonya Som Administrative Law, April 2009 On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (“ARRA” or the “the Act”), a massive bill that allocates $789.5 billion in federal funds and tax cuts for a variety of initiatives in an effort to stimulate the economy.
An opportunity for the Supreme Court to amend the Rules of Professional Responsibility? By Marc Christopher Loro Administrative Law, April 2009 At a time when the ISBA is trying to improve the reputation and image of lawyers by riding the coattails of the bicentennial of Lincoln’s birth, and Abe’s integrity and legacy as one of Illinois’ finest lawyers, the damage done by the Governor, left unattended, take many years to repair.
Summary of recent decisions By Edward J. Schoenbaum Administrative Law, April 2009 Recent cases of interest to administrative law practitioners.
Chicago red light cameras scheme constitutional By Patti Gregory-Chang Administrative Law, March 2009 In Chicago, red light cameras take pictures of cars whose drivers run red lights and make illegal turns at intersections. Owners of vehicles, with the exception of leased vehicles, are liable for tickets.
Does a Board of Education have standing to bring Administrative Review complaint? By Patti Gregory-Chang Administrative Law, March 2009 In the case of The Board of Education of Bremen High School District No. 228 v. Mitchell, the Appellate Court tackled the issue of who has standing to appeal an agency decision pursuant to the Administrative Review Law.
Summary of recent decisions By Edward J. Schoenbaum Administrative Law, March 2009 Recent decisions of interest to administrative law practitioners.
You’ve got to play to win: Employers and the H-1B visa lottery By Sonya Som Administrative Law, March 2009 Due to the statutory limits placed on issuance of new H-1B visas each fiscal year, businesses that want to take advantage of this option must be prepared to enter the annual H-1B visa lottery.
Bond or lien requirements of the Uniform Penalty and Interest Act in administrative proceedings By David R. Reid State and Local Taxation, February 2009 An unconstitutional argument based on equal protection and pertaining to 35 ILCS § 735/3-7 is plausible, but is unlikely to prevail.