Articles on Administrative Law

“Taking the Fifth” at an administrative hearing By Rosalyn B. Kaplan Government Lawyers, December 2002 During contested cases before administrative tribunals, it sometimes happens that a witness refuses to testify on the ground that his answer might tend to incriminate him.
Unauthorized practice of law in administrative proceedings By Claire A. Manning & Richard R. McGill Environmental Law, April 2002 Administrative agencies deciding contested cases need to be aware that the parties before them may have to be represented by an attorney.
Statutory developments By Kelley Beehner Administrative Law, March 2002 The Illinois Administrative Procedure Act (5 ILCS 100) was amended by three Public Acts.
Illinois’ continuum between the manifest weight standard and de novo review continues … By J.A. Sebastian Administrative Law, November 2001 This article summarizes five of the recent Illinois decisions that consider the judicial review continuum.
Administrative Law section newsletter celebrates its 30th birthday: the first year By Paul E. Freehling Administrative Law, October 2001 The first issue of the ISBA Administrative Law Section Newsletter was published in November 1971, 30 years ago.
November 16 Law Ed SeriesProgram On Illinois Administrative Law By Hon. Edward J. Schoenbaum, Jr. Administrative Law, 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.
The A, B, and C of an ALJ decision: Gilchrist v. Human Rights Commission, No.1-99-1054, decided March 27, 2000 By J.A. Sebastian Administrative Law, July 2000 In Gilchrist v. Human Rights Commission, the First District Appellate Court held, sua sponte, that the Illinois Human Rights Commission (the "Commission") exceeded its statutory authority when it (1) entered an order that allowed an administrative law judge ("ALJ") to issue a written decision on a matter that the ALJ had not personally presided over, and (2) accepted, in its entirety, the "recommended order and decision" of that ALJ.
Applicability of Fourth Amendment to administrative hearing evidence By Paul E. Freehling Environmental Law, May 2000 On October 28, 1999, Judge Robert Boharik of the Circuit Court of Cook County issued a written memorandum order in Isa Bros., Inc. v. City of Chicago, No. 98 CH 17389.
Recent cases By Terry Shafer Administrative Law, April 2000 In a published opinion, the Second District reversed the circuit court and remanded for further proceedings Christopher Brazas' appeal from a Property Tax Appeal Board decision (PTAB).
Recent Law Review article Administrative Law, April 2000 The federal government owns in excess of two trillion dollars in assets. The public lands constitutes the largest portion of such assets, with the federal government owning approximately fifty percent of the land in eleven Western states, including almost ninety percent of Nevada and Alaska.
An annual survey of administrative law of 1999 By Terry Shafer Administrative Law, March 2000 "Administrative law" concerns the policy making, rate making, 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 Administrative Law, March 2000 Note: Material summarized also includes information from case summaries prepared for the ISBA Illinois Courts Bulletin by Helen Gunnarson, from ISBA Administrative Law newsletter articles prepared by Julie Ann Sebastian and Terry Shafer, and uploads to the ISBA Administrative Law Section Council website by Edward Schoenbaum.
Recent section council meetings Administrative Law, February 2000 The Chair, Claire Manning, presented an award to outgoing Chair Lance Jones. She and guest Robert John Kane reported on developments regarding administrative rules legislation considered at the spring session of the General Assembly.
Recent section council meeting Administrative Law, 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.
The “active” ALJ By Ann Breen-Greco Administrative Law, 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.
Finnerty v. Personnel Board of the City of Chicago, et al. By J.A. Sebastian Administrative Law, 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 Administrative Law, August 1999 This case involves an administrative order regarding a fireman's request for a line-of-duty disability pension.
An introduction to administrative law in a civil law system By Alexander P. White Administrative Law, 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 Administrative Law, 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 Administrative Law, May 1999 Three cases are reviewed below. Each case addresses an aspect of the Administrative Review Law (ARL) of interest to practitioners.
Summary of ISBA proposal 91-25 Administrative Law, March 1999 ISBA proposal 91-25 creates the Offices of Administrative Hearings (OAH) to conduct administrative hearings for executive agencies under the governor.
An annual survey of administrative law 1998 Administrative Law, 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 Administrative Law, 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.
Statutory developments By Robert John Kane Administrative Law, January 1999 The Illinois Administrative Procedure Act (IAPA) (5 ILCS 100/1-1 et seq.) has been amended by three Public Acts.

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