Section Newsletters

Articles From Andrew Creighton

Two recent Seventh Circuit decisions discuss the adequacy of evidence regarding receipt of notice in administrative proceedings By Andrew Creighton Administrative Law, December 2009 Laouini v. CLM Freight Lines, Inc. and Dakaj v. Holder
It is clear error for a school board to rely on an employee’s expunged record as a basis for discharge from employment By Andrew Creighton Administrative Law, June 2008 In Russell v. Board of Education of Chicago, the appellate court explained that when an administrative agency controls the manner of service of the final decision, the burden is on the agency to establish that the petition for review was filed more than 35 days after the final decision. 
Seventh Circuit Court of Appeals judge explains principles applied to review of administrative decisions By Andrew Creighton Administrative Law, April 2008 On March 10, 2008 Judge Diane P. Wood of the Seventh Circuit United States Court of Appeals addressed the Administrative Law Judges Committee of the Chicago Bar Association regarding appellate review of administrative law judges’ decisions.
Appellate court analyzes the application of res judicata to administrative review By Andrew Creighton Administrative Law, May 2006 The Appellate Court, Second District, has recently decided a case that discusses the application of res judicata to administrative proceedings.
Appellate court analyzes procedures regarding the City of Chicago Department of Administrative Hearings By Andrew Creighton Administrative Law, March 2006 The appellate court recently reviewed administrative procedures used by the City of Chicago in its Department of Administrative Hearings. Dombrowski v. City of Chicago, No. 1-05-0321, 1st Dist. 4th Div. 2005.
7th Circuit opinion explains administrative law judge’s obligation to build a full record, with complete evidentiary support, and to adequately discuss issues By Andrew Creighton Administrative Law, December 2005 The Seventh Circuit U.S. Court of Appeals has affirmed the reversal of an administrative law judge's denial of social security disability benefits based on the failure of the administrative law judge (ALJ) to build a full record containing evidentiary support, and to adequately discuss the issues.
Appellate Court explains basis for reversal under the “clearly erroneous” standard and also finds Section 3-115 of the Illinois Pension Code unconstitutional By Andrew Creighton Administrative Law, December 2005 The Illinois Appellate Court, First District, recently addressed several important substantive issues of administrative law and declared 40 ILCS 5/3-115 (part of the Illinois Pension Code) unconstitutional for lack of due process.
Supreme Court to review administrative procedure case By Andrew Creighton Administrative Law, 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).
Irrational application of otherwise valid administrative regulation violates substantive due process By Andrew Creighton Administrative Law, October 2004 Many public and private employers, especially those involved in law enforcement, have a zero-tolerance drug-free workplace policy.
Administrative Law Judge’s responsibility to create a full record and to explain the reasoning for the decision By Andrew Creighton Administrative Law, June 2004 The issue of what is an adequate record for administrative review was discussed at length in Niam v. Ashcroft.
Service by certified mail: Who has the burden of proof when the respondent claims he was never notified of the administrative proceeding (or what do you do when the Green card doesn’t come back)? By Andrew Creighton Administrative Law, June 2004 Many statutes governing administrative proceedings permit personal jurisdiction on the respondent by certified or registered mail service of process.

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