1999 Articles

The “active” ALJ By Ann Breen-Greco August 1999 Allen Schoenberger, Professor of Law, Loyola University Chicago, addressed the March 23, 1999, meeting of the Chicago Bar Association's Administrative Law Judges Committee.

Advantages of an Office of Administrative Hearings By Edward J. Schoenbaum March 1999 The ISBA Administrative Law Section Council has prepared legislation that would establish an Office of Administrative Hearings for Illinois.

An annual survey of administrative law 1998 January 1999 "Administrative law" concerns the policy making, ratemaking, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies, units of local government, and other public bodies.

Case law developments By William A. Price January 1999 The parties disputed what standard of review was applicable in the appeal. The board argued that the case involved a question of fact.

Chicago conference a success! By Ann Breen-Greco August 1999 If you did not attend NAALJ's recent midyear conference, which was held in Chicago May 6-8, you missed a program which was, in many ways, unique among legal programs.

Continued expansion of administrative adjudication authority By David W. McArdle September 1999 Beginning January 1, 1998, pursuant to Public Act 90-777, nonhome rule municipalities will have the expanded power, under 65 ILCS 5/1-2.2, to establish a system of administrative adjudication for violations of municipal ordinances other than building code violations and moving motor vehicle violations.

Editor’s note By John L. Conlon December 1999 This edition of the newsletter has articles on important topics for antitrust practitioners.

EEOC has authority to compel federal agencies to pay compensatory damages for employment discrimination in violation of Title VII By Michael J. Calhoun September 1999 In West v. Gibson, 119 S. Ct. 1906 (1999), the United States Supreme Court held that the Equal Employment Opportunity Commission ("EEOC") has authority to require federal agencies to pay compensatory damages for employment discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

Efforts in Illinois to create a more effective administrative law system By Edward J. Schoenbaum March 1999 Illinois studied the new provisions of the 1981 Model State Administrative Procedure Act that provided for an Office of Administrative Hearings.

Finnerty v. Personnel Board of the City of Chicago, et al. By J.A. Sebastian August 1999 The facts, in sum, concern an employee who was absent without leave. The legal issue relates to the quantum of evidence necessary for the manifest weight of the evidence standard.

Harry Virden v. Board of Trustees of the Firefighters Pension Fund of the City of Pekin, et al.. By Terry Shafer August 1999 This case involves an administrative order regarding a fireman's request for a line-of-duty disability pension.

Inside September 1999 Inside, immediately following Terry Shafer's article (which begins on this page) concerning the Commonwealth Edison property tax case, you will find a report on an unusual dispute between two federal agencies, the EEOC and the Department of Veteran Affairs.

Inside May 1999 Four judicial decisions of considerable importance are highlighted in this issue. Section council member, Julie Ann Sebastian, describes three Illinois Appellate Court opinions.

An introduction to administrative law in a civil law system By Alexander P. White August 1999 Civil law is the dominant legal system in most of Europe, all of Central and South America, parts of Asia and Africa, and even some areas of the common law world (e.g., Louisiana, Quebec, and Puerto Rico).

John Hohnsbehn, Jr. v. Board of Trustees of the Police Pension Fund of the City of East Alton, Illinois By Terry Shafer August 1999 The plaintiff was required to undergo a physical examination to continue receipt of his disability pension.

The Lockett “minefield” By J.A. Sebastian May 1999 Three cases are reviewed below. Each case addresses an aspect of the Administrative Review Law (ARL) of interest to practitioners.

Minutes of recent section council meetings May 1999 The court gave short shrift to the defendants' final two arguments. First, Harrison sought injunctive relief (reinstatement), and the defendants claimed that the 11th Amendment to the U.S.

New publication May 1999 An experienced Chicago administrative law practitioner has gone into the publishing business.

Recent decision May 1999 One of the most significant administrative law opinions this year was issued in January 1999 by Western District of Missouri Judge Howard Sachs, sitting by designation in the U.S. District Court for the Eastern District of Arkansas.

Recent section council meeting September 1999 At its May 12, 1999, meeting, the Administrative Law Section Council was advised by Claire Manning and Steve Rotello that several bills relating to administrative law, including proposed amendments to the Illinois Administrative Procedure Act, have been held until the General Assembly's fall veto session.

Statutory developments By Robert John Kane January 1999 The Illinois Administrative Procedure Act (IAPA) (5 ILCS 100/1-1 et seq.) has been amended by three Public Acts.

Summary of ISBA proposal 91-25 March 1999 ISBA proposal 91-25 creates the Offices of Administrative Hearings (OAH) to conduct administrative hearings for executive agencies under the governor.

Upcoming seminar—“Practical Fundamentals of Judging” May 1999 On May 6-8, 1999, the National Association of Administrative Law Judges and the ABA National Conference of Administrative Law Judges will present an important and informative seminar.