2014 Articles

Administrative law case summaries By Hon. Edward J. Schoenbaum January 2014 Recent cases of interest to administrative law practitioners.

Administrative law implications of the Firearm Concealed Carry Act By Tracy Douglas January 2014 This article will discuss the application process and administrative procedures outlined in the Firearm Concealed Carry Act, and note potential issues with its implementation from an administrative law perspective.

Agency jurisdiction—Ancillary contract disputes—Attorney fees By William A. Price February 2014 A brief summary of the Ferris, Thompson, and Zweig, LTD. v. Esposito case.

Case summaries By Hon. Edward J. Shoenbaum, Jr. & J.A. Sebastian December 2014 Recent cases of interest to administrative law practitioners.

Case summaries By Hon. Edward J. Schoenbaum, Jr. July 2014 Recent cases of interest to administrative law practitioners.

Case summaries By Hon. Edward J. Schoenbaum May 2014 Recent cases of interest to administrative law practitioners.

Case summaries By Hon. Edward J. Schoenbaum, Jr. April 2014 Recent cases of interest to administrative law practitioners.

Case summaries By Hon. Edward J. Schoenbaum February 2014 Recent cases of interest to administrative law practitioners.

Chairman’s Column By Yolaine Dauphin January 2014 An introduction to the issue from Chair Yolaine Dauphin.

Chair’s column By Carl R. Draper December 2014 A message from Administrative Law Section Chair Carl Draper.

Continued progress on human trafficking seminar By Yolaine Dauphin July 2014 Be sure to mark your calendar for this important upcoming program.

Deadman’s Act objection raises several issues By Jewel N. Klein July 2014 A look at the Deadman's Act and its erroneous application in a recent run-of-the-mill zoning violation case.

Federal regulatory agendas By William A. Price December 2014 The federal Office of Information and Regulatory Affairs (OIRA) recently released a six-month update of the Unified Agenda, which lists federal regulations currently pending and planned.

FOIA—A State’s Attorney’s Office is a public body By John H. Brechin July 2014 A synopsis of the Supreme Court's recent decision in Nelson v. Kendall County.

Food for thought—Hartney By Jewel N. Klein July 2014 A follow-up to the author's article that was published in the May issue of this newsletter.

From the editors By J.A. Sebastian & William A. Price July 2014 An introduction to the issue from co-editors J.A. Sebastian and Bill Price.

Hundreds of new regulations for the new year By William A. Price January 2014 How many of these new rules are you familiar with?

Illinois agency standing to appeal court review decisions By Carl R. Draper 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.

The importance of protocols By Erin M. Hughes January 2014 In CBS Outdoor, Inc., v. The Department of Transportation,) 111387, the timeline and protocols of the Illinois Department of Transportation are imperative to the issuance of the sign permit.

In other words, we told everybody to start over and do it right By Carolyn Welch Clifford May 2014 A look at the four procedural lessons set forth in the recent Howe v. Retirement Board of the Firemen's Annuity and Benefit Fund of Chicago decision.

ISBA unveils exciting new Member Directory! July 2014 Make sure the other members of the ISBA Administrative Law Section know what sets you apart and can find you easily by activating your member directory profile today.

License revocation upheld By Patti Gregory-Chang January 2014 In the recent unpublished opinion of Addy v. City of Chicago Department of Administrative Hearings, the first District Appellate Court recently upheld revocation of appellant’s Chauffeur license. The order is instructive.

Mandamus denied for Dumas By J.A. Sebastian February 2014 On February 7, 2014, the Illinois Appellate Court reiterated a long-standing principle of law relating to mandamus relief.

Proposed legislation awards all court costs and attorney fees for appeals filed under Administrative Review Law of decisions of municipal code hearing officers By J.A. Sebastian July 2014 Read the statute to find out how this proposed legislation could affect you.

Representing a corporation in state court—Redux 2014 By Patrick M. Kinnally July 2014 Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings declares why a corporation needs a lawyer as a representative in our state courts as well as in certain types of administrative hearings.

Seminar on the commercial sexual exploitation of children By Yolaine Dauphin February 2014 On October 10, 2014, the ISBA’s Standing Committee on Racial and Ethnic Minorities & the Law and the Administrative Law Section Council propose to conduct a seminar on human trafficking, focusing on the plight of children who are trafficked for commercial sexual exploitation.

Split over meaning of service of process in Election Code needs to be resolved By Tracy Douglas July 2014 The author calls on the Illinois General Assembly to amend the Election Code to define what is meant by "other parties" that must be served in addition to the electoral board as a legal entity.

Tax and statutory construction considerations By Jewel N. Klein May 2014 A look at the surprising results of Hartney Fuel Oil v. Hamer.

Voting rights in America: The Voting Rights Amendment Act of 2014 By Athena T. Taite April 2014 This article does not take a position on the Voting Rights Amendment but hopes to inform the debate regarding the aftermath of Shelby County, Alabama v. Holder (2013), in which the U.S. Supreme Court found part of the Voting Rights Act of 1965 to be unconstitutional.