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Administrative LawThe newsletter of ISBA’s Section on Administrative Law

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Newsletter articles from 2005

Profile of our editor: Paul E. Freehling By Vickie Gillio November 2005 We are a Section Council unique in ISBA history in that we have been privileged to have the same newsletter editor, Paul Freehling, since the inception of the Administrative Law Section.
Promulgation of “emergency rules” requires a true emergency By James J. Powers August 2005 In a recently issued decision, the Second District Appellate Court invalidated a set of emergency rules promulgated by the Illinois Labor Relations Board in September 2003.
Proposed unemployment changes could economically benefit lawyers By Glenn R. Gaffney April 2005 As per the request of Ole Bly Pace III, the following is the “practical idea” which would help members of the Labor and Employment Law Section to improve their earning power as lawyers:
Public Information and Privacy Rights Seminar scheduled By Cynthia I. Ervin September 2005 The Committee on Government lawyers of the ISBA has scheduled a seminar entitled “Public Information and Privacy Rights—Issues Under the Open Meetings Act and the Freedom of Information Act.”
Recent case By Paul E. Freehling September 2005 The recent Fourth District opinion in Henry v. Anderson, No. 04-04-0867 (Apr. 18, 2005), is a rare example of an appellate court ruling that Section 2a of the Illinois Open Meetings Act, 5 ILCS 120/2a, was violated. 
Recusal and disqualification of members of administrative boards By Bernard Z. Paul January 2005 The Illinois Supreme Court on October 21, 2004 issued its opinion in Girot v. Keith, Ill.2d____, ____ N.E.2d ____ (2004), 2004 WL 236000. The Court, in reversing the trial and Appellate Court, found that one of the members of an administrative hearing board (in this case an Electoral Board) was biased, which constituted a violation of due process.
Requests to admit By Jerold S. Solovy and Robert L. Byman April 2005 Your opponent serves requests to admit to set you up for disaster. Admit and your adversary will use your admissions to get summary judgment or make her life easier, yours uncomfortable at trial.
Social security reform: Bad news for the distaff side By Lorraine Schmall June 2005 President George W Bush wants to reform Social Security. His team of professional writers and partisan advocates explain his program at such government Web sites as Treasury’s <http://strengtheningsocialsecurity.gov/> and the Social Security Administration’s obliquely-named <http://forourgrandchildren.org/>
Solutions to procedural issues in administrative hearings By Ryan A. Biller October 2005 Many things can and oftentimes will go wrong. In order to combat the inefficiency created by problems that arise during administrative law hearings, the National Conference of the Administrative Law Judiciary (NCALJ) sponsored a mock hearing at the Chicago-Kent College of Law on August 4, 2005.
State Freedom of Information Acts and personal emails on government computers: A prospective look at potential Illinois decisions By Ryan Armour and Vickie Gillio January 2005 The advent of ever-expanding computer messaging and correspondence technology has given rise to new types of questions concerning Freedom of Information Act (FOIA) litigation.
Summary of recent decision December 2005 This summary was 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.
Summary of recent decisions November 2005 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.
Summary of recent decisions October 2005 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.
Summary of recent decisions August 2005 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.
Summary of recent decisions June 2005 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.
Summary of recent decisions March 2005 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.
Summary of recent decisions February 2005 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.
Supreme Court to review administrative procedure case By Andrew Creighton September 2005 The Illinois Supreme Court has granted a petition for leave to appeal in a recent administrative law case, Rodriguez v. Sheriff’s Merit Commission of Kane County, 355 Ill. App.3d 676, 823 N.E.2d 243 (2nd Dist. 2005).
Voice of the Chair By Vickie Gillio October 2005 I am pleased that, in my first “Voice of the Chair” publication, I can direct your attention to an event that the Administrative Law Section is co-sponsoring.
Walters reiterates that not all administrative action is reviewable By J.A. Sebastian August 2005 Although the Illinois Constitution grants an appeal as a matter of right from all final judgments of the circuit court (Ill. Const. 1970, art. VI, @ 6), there is no constitutional right to appeal administrative decisions.
When the testimony is five to one… By Jewel N. Klein January 2005 When Paul Freehling suggested that I could write about a case which touches on the issue of how much evidence is enough to combat an agency’s version of the facts, I jumped at the chance.