2001 Articles

Administrative Law Section Council chairs, 1971-2000 October 2001 1971--Paul Freehling 1972--Paul J. Knapp 1973--Joel W. Townsend 1974--Joseph Minsky

Administrative Law section newsletter celebrates its 30th birthday: the first year By Paul E. Freehling October 2001 The first issue of the ISBA Administrative Law Section Newsletter was published in November 1971, 30 years ago.

Administrative review law and necessary parties: who must be named By J.A. Sebastian August 2001 After the state denied Darryl Veazey benefits under the Illinois Unemployment Insurance Act, the Cook County circuit court denied administrative review of the state agency's decision because the complaint failed to name the agency's Board of Review.

An annual survey of administrative law 2000 By William A. Price & Kelley Beehner January 2001 "Administrative law" concerns the policy making, ratemaking, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies.

Biography of a section council member: Laura Kotelman August 2001 Administrative Law Section Council member Laura Kotelman is counsel with the National Association of Independent Insurers, the nation's largest full-service property and casualty insurance trade association.

Case law developments January 2001 In January of 1998, the Cook County Collector, Maria Pappas, conducted the annual tax sale of properties which were tax delinquent for 1996.

Chair’s Column By Edward J. Schoenbaum October 2001 It is a distinct honor for me to be the Chair of the Administrative Law Section at this time in the history of Administrative Law in Illinois.

City of Chicago Heights v. Living Word Outreach Full Gospel Church & Ministries By Scott A. Schaefers August 2001 According to the Illinois Judiciary Web site, this opinion has NOT been released for publication.

Coming soon: Annotated Illinois Administrative Code January 2001 Professor Laura Wendt, Southern Illinois School of Law, has digested over 1000 cases interpreting Illinois administrative rules for construction of an electronic research system.

Cook County Sheriff’s Enforcement Ass’n v. County of Cook, et. al., No. 1-99-3710 (2001 Ill App. LEXIS 490) Decided June 25, 2001 By Laura Kotelman November 2001 The Illinois appellate court, 1st District, 1st Division dismissed a petitioner's appeal of the state's Local Labor Relations Board's ruling because the petitioner failed to name the Board as a respondent.

Editor’s comments December 2001 This edition of the newsletter contains an analysis of the high mortality rate for civil antitrust complaints by David A. O'Toole, an FTC staff attorney in Chicago and also an adjunct professor at John Marshall Law School.

Exhaustion of issues in agency hearings By Leon Fox March 2001 We are all familiar with the doctrine of exhaustion of administrative remedies before judicial review is permitted.

Illinois’ continuum between the manifest weight standard and de novo review continues … By J.A. Sebastian November 2001 This article summarizes five of the recent Illinois decisions that consider the judicial review continuum.

Illinois State Bar Association—Administrative Law Section Council By Gerald Goldberg October 2001 I was privileged to serve as Chair of the Administrative Law Section Council from June 1993 to June 1994.

Inside August 2001 This issue of the newsletter contains articles on extremely diverse subjects. It begins with Section council member Tom Battista's outline of some good reasons for practitioners to become and remain members of the Administrative Law Section. Next, Julie Ann Sebastian, immediate past chair of the section council, analyzes a recent Illinois Appellate Court case affirming a circuit court's dismissal of an administrative review action for failure to name the Illinois Department of Employment Security's Board of Review as a party. Articles by two law students follow.

Inside June 2001 This issue of the newsletter features three articles. Section council member Bernard Paul analyzes recent cases dealing with the vexing question of whether an administrative review action may be joined in one court proceeding with a non-administrative review claim.

Insurers can intervene in FOIA request for loss data by zip code: Chicago Lawyers’ Committee for Civil Rights under Law, Inc. v. Illinois Dep’t of Ins. By Laura Kotelman March 2001 This litigation involves a public record request from the Chicago Lawyers' Committee for Civil Rights under Law, Inc.

Introduction to The Handbook Of Illinois Administrative Law By William A. Price October 2001 This handbook is the result of many years of effort by volunteer authors and editors from the State Government Bar Association and from the Section Council, Section of Administrative Law, Illinois State Bar Association.

Letter to fellow Administrative Law Section members By Robert John Kane October 2001 My association with this section began in 1985 barely a year after passing the bar examination.

Memories of my tenure on the Administrative Law Section Council By Alexander P. White October 2001 I became a member of the Administrative Law Section Council (the Council) in June of 1993. Gerry Goldberg was the chair.

Minutes of recent section council meetings March 2001 Guest speaker Fred Dickson of the Trust and Estates Section spoke in favor of the proposal for a certification program with respect to estate planning, trust and probate lawyers.

Minutes of the February 9, 2001 Administrative Law Section Council meeting August 2001 The council reviewed proposed legislation, including HB 93.

My year as section council chair By William A. Price October 2001 Administrative law agendas don't change much over the years.

November 16 Law Ed SeriesProgram On Illinois Administrative Law By Hon. Edward J. Schoenbaum, Jr. October 2001 The Administrative Law Section Council of the Illinois State Bar Association in cooperation with the Government Bar Association and the ISBA Committee on Government Lawyers will conduct an ISBA Law Ed SeriesSERIES on "Illinois Administrative Law" at the Hilton Hotel in Springfield, Illinois on Friday, November 16, 2001.

Opening the Meetings Act to reality—abolishing the “Rule of Two” By Richard G. Flood & Stewart H. Diamond October 2001 Currently the Act prohibits the exercise of free speech between elected officials on public bodies containing five or fewer members. This stifles creativity in solving public problems and inhibits debate and frank discussion of the issues. Officials cannot test their assumptions and data in advance of a public forum.

A primer for appeals to the Property Tax Appeal Board By Terry Shafer June 2001 The intent of this article is to give new attorneys or attorneys new to practice before a state agency a procedural path to follow in order to fully and knowledgeably represent a client in this particular agency's forum.

A prisoner seeking only money damages under the Prison Litigation Reform Act must exhaust all administrative forms of remedy, even if that administrative process does not provide money damages By Samuel A. Lichtenfeld August 2001 The U.S. Supreme Court held recently that an inmate seeking only money damages under the Prison Litigation Reform Act ("Act") must complete any prison administrative process that could address his or her complaint by providing some form of relief even if the provided remedy is not money.

Reflections from a chair By J.A. Sebastian November 2001 As immediate past chair of the Administrative Law Section Council, I am honored to recognize the extraordinary contributions of our newsletter editor and join in congratulating Paul Freehling for his 30th year as the section's one and only newsletter editor.

The role of the Illinois Department of Revenue in the property tax exemption process By George Logan June 2001 The tax on real property is the largest single tax collected in Illinois, accounting for more than $20 billion in taxes assessed for 1997.

Second District Appellate Court rules local zoning boards not required to engage in environmental consultation with IDNR By Robert T. Lawley March 2001 In December, 1998 the Second District Appellate Court decided Pierce Downer's Heritage Alliance v. Village of Downers Grove.