2013 Articles

Administrative Conference of the United States By William A. Price December 2013 Find out what this body has recently been up to.

Administrative law case summaries By Hon. Edward J. Schoenbaum December 2013 Recent cases of interest to administrative law practitioners.

Administrative law case summaries By Hon. Edward J. Schoenbaum October 2013 Recent cases of interest to administrative law practitioners.

Appellate court disagreement about jurisdiction over pollution control certification dispute By Timothy J. Storm July 2013 A summary of the recent case of Board of Education of Roxana Community Unit School Dist. No. 1 v. Pollution Control Board.

Attorney fees in administrative law? Yes, you can—but follow the statute By Carl R. Draper February 2013 For agencies subject to the Administrative Procedure Act (most State agencies) litigants are to be awarded a full measure of attorney fees for any case where a court finds that the agency enforced a rule that is invalid for any reason.

Case summaries By Hon. Edward J. Schoenbaum August 2013 Recent cases of interest to administrative law practitioners.

Case summaries By Hon. Edward J. Schoenbaum July 2013 Recent cases of interest to administrative law practitioners.

Case summaries By Hon. Edward J. Schoenbaum, Jr. March 2013 Recent cases of interest to administrative law practitioners.

Case summaries By Hon. Edward J. Schoenbaum February 2013 Recent cases of interest to administrative law practitioners.

Case summaries By Hon. Edward J. Schoenbaum, Jr. January 2013 Recent cases of interest to administrative law practitioners.

Chair’s column By Yolaine Dauphin August 2013 A message from Section Chair Yolaine Dauphin.

Chair’s column By Yolaine Dauphin July 2013 A message from Section Chair Yolaine Dauphin.

Chair’s column By Sheila Harrell March 2013 An introduction to the issue from Section Chair Sheila Harrell.

Chair’s column By Sheila Harrell January 2013 A message from Administrative Law Section Chair Sheila Harrell.

Everyday pro bono By Timothy J. Storm February 2013 So much of what a great many solo and small firm practitioners do every day may be rightly described as pro bono publico—for the public good—in the fullest and truest sense.

Federal Regulatory Agenda, as of January 24, 2013 By William A. Price February 2013 The Office of Information and Regulatory Review of the Office of Management and Budget maintains a “regulatory dashboard” that has the current status for all regulatory proposals that would impose more than $100 million in compliance costs.

Human Trafficking Program by ABA and National Association of Women Judges to be held May 21, 2013 May 2013 Save the date for this important program!

Hydraulic fracturing in Illinois—A remarkable presumption, evidence and making a record By William J. Anaya October 2013 To the extent that authorities in Illinois now have a rebuttable presumption, operators will be well served to discuss evidence of compliance with counsel, and develop a defensible Administrative Record with admissible evidence of compliance.

Illinois Association of Administrative Law Judges to host national conference By Hon. Ann Breen-Greco March 2013 You'll want to save the date for this annual Conference, this year to be held in Chicago!

Illinois case summaries By Hon. Edward J. Schoenbaum, Jr. May 2013 Recent cases of interest to administrative law practitioners.

Illinois case summaries By Hon. Edward J. Schoenbaum, Jr. April 2013 Recent cases of interest to administrative law practitioners.

Illinois health-related boards and commissions By Tracy Douglas March 2013 This article discusses boards that regulate doctors and nurses as well as those that license hospitals and health facilities within the state.

Impermissible venue under section 3-104 of the Administrative Review Law (735 ILCS 5/3-104) By J.A. Sebastian October 2013 The recent decision of Slepicka v. State of Illinois, Department Of Public Health serves as an important reminder to read the provisions of the Administrative Review Law, and the statutory provision that creates the state agency together, to determine the permissible venue under both the governing statute and section 3-104 of the Administrative Review Law.

Law Day 2013: President Obama’s 2013 Proclamation May 2013 In honor of Law Day on May 1, President Barack Obama issued a proclamation reflecting on America’s “long journey toward equality for all.”

The law of unintended (?) consequences By Michael B. Weinstein October 2013 In November 2000, the Illinois General Assembly passed Senate Bill 851. Buried within the Act was a provision that applied only to a limited number of individuals and seemingly reflects one of the reasons why many members of the general public believe that defined benefit pension plans for public employees should be eliminated.

Legislation on driver’s licenses for illegal immigrants presents administrative challenges to the Secretary of State’s Office By Marc Christopher Loro March 2013 This article reviews Public Act 97-1157's provisions, explains the challenges, and offers some thoughts on how those challenges could be met.

Mailing = Filing for workers’ compensation review By Carl R. Draper October 2013 On August 1, 2013, the Illinois Supreme Court reviewed a long history of the process for review of decisions of the Workers’ Compensation Commission and found that the procedures for advancing the case from the administrative agency to the courts for judicial review was part of an appeal process very much like the appeal process in most civil litigation.

McBurney v. Young: Freedom of Information, the Privileges and Immunities Clause and the Dormant Commerce Clause By Yolaine Dauphin October 2013 On April 29, 2013, the United States Supreme Court issued its opinion in McBurney v. Young, upholding the validity of the Virginia Freedom of Information Act, which made public records “open to inspection and copying by any citizens of the Commonwealth,” without granting a similar right to non-citizens.

Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff December 2013 Read more about this important program and sign up to become a mentor today!

National Association of Administrative Law Judiciary (NAALJ) Annual Conference to be held in Chicago September 14 – 18, 2013 By Hon. Ann Breen-Greco July 2013 Save the dates for this popular annual conference!