Articles From Carl R. Draper

Janus v. AFSME Council 31: The aftermath By Carl R. Draper Local Government Law, February 2019 The Supreme Court held in Janus v. AFSME Council 31 that the mandatory collection of agency fees is a violation of the First Amendment rights of public employees who do not wish to belong to a union.
Janus v. AFSME Council 31: The aftermath By Carl R. Draper Labor and Employment Law, January 2019 The Supreme Court held in Janus v. AFSME Council 31 that the mandatory collection of agency fees is a violation of the First Amendment rights of public employees who do not wish to belong to a union.
Email: Why can’t I keep my free account? By Carl R. Draper Employee Benefits, April 2018 We have ethical obligations now to be competent at use of technology, and free e-mail has far fewer expectations of privacy and protection from the service provider than paid subscriptions.
Discrimination claims: Commission review or independent civil action? By Carl R. Draper Labor and Employment Law, February 2018 In Metzler v. Katherine Shaw Bethea Hospital, the Second District has provided a recent ruling that very clearly outlines the contours of the independent right to file suit in court instead of the Human Rights Commission.
E-mail: Why can’t I keep my free account? By Carl R. Draper General Practice, Solo, and Small Firm, February 2018 We have ethical obligations now to be competent at use of technology, and free e-mail has far fewer expectations of privacy and protection from the service provider than paid subscriptions.
Chair’s column By Carl R. Draper Labor and Employment Law, December 2017 Section Chair Carl Draper looks ahead to the hot topics in the labor & employment law field.
Registration – An important function of the Attorney Registration and Disciplinary Commission By Carl R. Draper General Practice, Solo, and Small Firm, December 2016 Are you aware of the possible consequences of not completing your ARDC registration by December 31st?
Required exhaustion of remedies in discrimination cases: Good-faith attempts and bureaucratic inaction can be fatal to a claim By Carl R. Draper Labor and Employment Law, December 2016 Recently, the United States Court of Appeals for the Seventh Circuit decided Carlson v. Christian Brothers Services, which gave a sharp identification of the exacting nature of the exhaustion requirement.
Review of Surface Pro: It is a great multi-tasker By Carl R. Draper Legal Technology, Standing Committee on, August 2016 A review of the advantages of a multi-purpose tablet/laptop like the Surface Pro.
Fair Credit Reporting Act—Who has standing to challenge inaccurate personal reports? By Carl R. Draper Legal Technology, Standing Committee on, February 2016 The U.S. Supreme Court has agreed to hear the case of Thomas Robbins v. Spokeo, Inc.
Supreme Court rulings to watch By Carl R. Draper Labor and Employment Law, February 2016 The United States Supreme Court has granted certiorari in a couple of labor and employment cases that will be worth noting for all lawyers practicing employment law.
The world keeps changing—Or does history repeat itself? By Carl R. Draper General Practice, Solo, and Small Firm, September 2015 A look at the recent developments regarding palimony.
Chair’s column: Words matter By Carl R. Draper Administrative Law, June 2015 The final column of the year from Section Chair Carl Draper.
Chair’s column: Service—The real ISBA mission By Carl R. Draper Administrative Law, May 2015 A message from Administrative Law Section Chair Carl Draper.
Winston and Lockett: The legacy continues By Carl R. Draper Administrative Law, May 2015 Two of the most important decisions to understand have been specifically identified as potential traps for the unwary when filing a complaint under the Administrative Review Law.
Chair’s column By Carl R. Draper Administrative Law, March 2015 A message from Administrative Law Section Chair Carl Draper.
Chair’s column By Carl R. Draper Administrative Law, February 2015 A message from Section Chair Carl Draper.
Chair’s column By Carl R. Draper Administrative Law, December 2014 A message from Administrative Law Section Chair Carl Draper.
Illinois agency standing to appeal court review decisions By Carl R. Draper Administrative Law, December 2014 While our courts operate almost exclusively with disputes between separate interested parties, administrative agencies frequently cross boundaries between being an enforcement arm of the law as opposed to a quasi-judicial branch of government.
Hey you, get off of that cloud By Carl R. Draper Legal Technology, Standing Committee on, July 2014 A review of Transporter, a device that advertises itself as being able to create your own private cloud service.
Mailing = Filing for workers’ compensation review By Carl R. Draper Administrative Law, 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.
Electronic service of documents—Service that cannot be avoided By Carl R. Draper Legal Technology, Standing Committee on, September 2013 On October 4, 2013, the Illinois Supreme Court will hold a public hearing at its office in Chicago to consider amendments to Supreme Court Rule 138 (Protecting Personal Identity Information) and Proposal 13-06 amending Rule 11 mandating that parties provide e-mail addresses by which they may be served with documents after the initiation of a case in circuit court or on appeal.  The announcement from the Supreme Court invites public comments on the proposals, which should be submitted in writing by Friday, September 20, 2013.
Attorney fees in administrative law? Yes, you can—but follow the statute By Carl R. Draper Administrative Law, 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.
E-service—It is time to serve others as you would wish to be served By Carl R. Draper Legal Technology, Standing Committee on, February 2013 In late October, 2012, the Supreme Court announced revisions to the Rules of Civil Procedure relating to service of pleadings effective on January 1, 2013. The change made in Rule 11 allowed service of documents to be completed by electronic submission.
Writ of certiorari By Carl R. Draper Administrative Law, March 2012 The writ of certiorari is a good alternative to administrative review when the administrative review law is inapplicable. This article contains a form complaint for the common law writ of certiorari for review of administrative decisions when the Administrative Review Law (735 ILCS 5/3) does not apply. The form gives a general framework for such a pleading. It has suggested paragraphs that help remind you of some of the most relevant steps in filing that pleading. This complaint is designed for use in CIRCUIT COURT.
A few tips from a practitioner By Carl R. Draper Administrative Law, September 2011 An introduction to the form complaint for judicial review of administrative decisions.
A sample complaint from a practitioner By Carl R. Draper Administrative Law, September 2011 The sample Complaint for Judicial Review of Administrative Decisions
A checklist for judicial review of an administrative agency decision By J.A. Sebastian, Carl R. Draper, & Jewel N. Klein Administrative Law, July 2010 A helpful checklist for anyone looking to review an Illinois administrative agency decision.
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.
Adding necessary parties to administrative review actions—A practical approach By Carl R. Draper Administrative Law, March 2006 A case that should have been under the watchful eye of all administrative law attorneys has now been resolved by the Illinois Supreme Court.

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