Section Newsletters

Articles on Administrative Law

The three standards of review and procedural default on administrative review By Bernard Z. Paul Administrative Law, July 2008 Cinkus v. Village of Stickney Municipal Officers Electoral Board et al concerns a challenge to Cinkus’ nomination papers heard before the municipal electoral board.
Inside Administrative Law, June 2008 An introduction to the issue from the newsletter's editor.
It is clear error for a school board to rely on an employee’s expunged record as a basis for discharge from employment By Andrew Creighton Administrative Law, June 2008 In Russell v. Board of Education of Chicago, the appellate court explained that when an administrative agency controls the manner of service of the final decision, the burden is on the agency to establish that the petition for review was filed more than 35 days after the final decision. 
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, June 2008 Recent cases of interest to administrative law practitioners.
Fines in Building Code cases—Mandatory By Patti Gregory-Chang Administrative Law, May 2008 This article explores two lines of cases dealing with the imposition of fines in municipal code enforcement cases. It argues that the more compelling line requires courts and administrative bodies to rule within the mandates of ordinances which specify minimum and maximum fine ranges.
A policeman’s disability application cannot be denied based upon one dissenting doctor selected by the Police Pension Board By Daniel P. Jakala & Stanley H. Jakala Administrative Law, May 2008 In a significant and ground-breaking decision rendered on November 1, 2007, the Supreme Court ruled that there is no longer a requirement that three physicians selected by the board all certify that the applicant is disabled in order for a police officer to be awarded a disability pension.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, May 2008 Recent cases of interest to administrative law practitioners.
Inside Administrative Law, April 2008 An introduction to the issue from the newsletter's editor.
The Local Records Act and Destruction of Public Records By Maryann Bullion Administrative Law, April 2008 Have you ever deleted an e-mail or a computer file and thought nothing of it? Well, if one of your local government clients deletes an e-mail or throws away a file that contains information that should be considered a public record, they could be charged with a Class 4 felony.
Seventh Circuit Court of Appeals judge explains principles applied to review of administrative decisions By Andrew Creighton Administrative Law, April 2008 On March 10, 2008 Judge Diane P. Wood of the Seventh Circuit United States Court of Appeals addressed the Administrative Law Judges Committee of the Chicago Bar Association regarding appellate review of administrative law judges’ decisions.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, April 2008 Recent cases of interest to administrative law practitioners.
Inside Administrative Law, March 2008 The Editor's introduction to the issue.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, March 2008 Recent cases of interest to administrative law practitioners.
Michele Jochner’s guidelines for writing effective ALJ opinions By Paul E. Freehling Administrative Law, February 2008 Michele Jochner, law clerk to Illinois Supreme Court Justice Charles E. Freeman, spoke to the Chicago Bar Association Administrative Law Judges Committee on December 10, 2007 about how to write effective opinions.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, February 2008 Recent cases of interest to administrative law practitioners.
Inside Administrative Law, January 2008 An introduction to the issue from Editor Paul Freehling.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, January 2008 Recent cases of interest to administrative law practitioners.
What became of Rice? By Maryann Bullion Administrative Law, January 2008 In 2002, the Fourth District Appellate Court heard an issue of first impression and narrowed the scope of local government law, Rice v. Board of Trustees of Adams County.
What’s in a name: The Illinois Supreme Court identifies the limits on amending a complaint for review of an administrative decision when a necessary party has not been added By Susan M. Brazas Civil Practice and Procedure, January 2008 In Ultsch v. Illinois Municipal Retirement Fund, No. 102232, 2007 Ill. LEXIS (Aug. 2, 2007), the Illinois Supreme Court revisited, for the first time since 1990, the narrow allowances for amending a complaint for administrative review to add a necessary party which was not named in the initial complaint.
Illinois Association of Administrative Law Judges Administrative Law, December 2007 A shared interest in heightening awareness of the administrative law judiciary has long connected Judges Ann Breen-Greco and Berta Requena, who first met at a meeting of the Illinois Judicial Council.
Judge Sophia Hall speaks to ALJs on how to gain and keep respect By Paul E. Freehling Administrative Law, December 2007 On November 5, 2007, Cook County Circuit Court Judge Sophia H. Hall spoke to the Chicago Bar Association Administrative Law Judges Committee on the important and challenging subject of ALJs gaining and keeping the respect of litigants and attorneys appearing before ALJs in administrative law proceedings.
An example of amendments that create new problems in Administrative Law By J.A. Sebastian Bench and Bar, November 2007 The following is a brief summary of attempts by the General Assembly to address a civil practice-pleading problem that, by piecemeal amendments, has actually generated more problems than the original legislation was enacted to address.
ISBA Board of Governors approves proposed legislation concerning Lockett decision problems By Carl R. Draper Administrative Law, November 2007 A final decision or order adverse to a party (other than the agency) in a contested case shall be in writing or stated in the record.
Plaintiff guesses wrong on naming right defendant for review case By Steven P. Garmisa Administrative Law, November 2007 Providing an unfavorable comparison to Illinois law, a wonderful Wisconsin statute says administrative agencies must inform people exactly who should be named as respondents in a petition for administrative review.
The role of attorney-accountants in administrative state and local tax proceedings By Julie-April Montgomery Administrative Law, November 2007 Your company just received a sales tax notice of tax liability from the Illinois Department of Revenue for hardware sold to a Chicago company along with the lease of various software packages that are both customized and canned.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, November 2007 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.
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 Judge Ann Breen-Greco Administrative Law, October 2007 Determining that the IDEA’s stay-put (a student’s current placement) provision does not apply to services provided outside of an IEP, the 7th Circuit reversed a District Court’s injunction and remanded the case for further proceedings, noted Amy E. Slater, Esq. who covers special education legal issues for LRP Publications.
City’s Department of Administrative Hearings to Launch Pilot Legal Help Desk Administrative Law, October 2007 By mid-September a new legal aid help desk will be open and operating at the Chicago Department of Administrative Hearings.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, October 2007 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.
City of Chicago attains another victory in ordinance violation enforcement By Patti Gregory-Chang Administrative Law, September 2007 The Appellate Court for the First District recently handed down a ruling with far-reaching implications for municipal administrative law in Illinois.

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