Section Newsletters

Articles on Local Government Law

A primer on the Fair Labor Standards Act By Scott Uhler Local Government Law, June 2001 The information in this article is basic to an understanding of labor law, and can be shared with administrators of public entities and their human resources directors
Recent decisions of interest By John H. Brechin Local Government Law, May 2001 Shaw Industries v. Community College District No. 515 (First District, December 12, 2000) involved a claim by Shaw that the defendant's failure to require the procurement of a payment bond from its contractor, Prairie State Associates, breached its contract.
Robert’s Rules in the 21st Century By Phil Reiman Local Government Law, April 2001 As digital communication filters into more and more of our lives, we begin to expect more from it. As one author put it, "technology is becoming less revolutionary."
A shock to the system By Robin L. Perry Local Government Law, April 2001 "The General Assembly finds that timely attention in medical emergencies saves lives, and that trained use of automated external defibrillators in medical emergency response can increase the number of lives saved.
Second District declares right to cross-examination in zoning hearings By Christian Spesia Local Government Law, March 2001 A recent decision by the Second District Appellate Court in People ex rel. Klaeren v. Village of Lisle, No. 2-99-1256 (October 13, 2000) holds that statutory procedural requirements provide a right for cross-examination of witnesses in municipal zoning hearings.
Of petition objections and election contests: the courts readdress election code intricacies By Shawn P. Flaherty Local Government Law, February 2001 Perhaps no code of statutes in the Illinois Compiled Statutes stimulates more analysis and hand wringing over hypertechnicalities than the Illinois Election Code.
Protecting “mom & pop” or violating the commerce and due process clauses By David J. Silverman Local Government Law, February 2001 The explosion of the Internet and the resultant growth in "e-commerce" has triggered a renewed debate about taxation of remote sellers and its interplay with the Commerce and Due Process clauses of the United States Constitution.
Regulating nude dancing By Patricia M. Moser Local Government Law, January 2001 Since the United States Supreme Court's 1991 decision in Barnes v. Glen Theatre, the Court has upheld the broad power of state and local governments to regulate nude dancing.
Anatomy of a conflict By Michael R. Berz Local Government Law, November 2000 Local government attorneys must be cautious before representing clients against their former municipal clients.
Recent legislative events concerning public finance By Kurt P. Froehlich Local Government Law, November 2000 Two somewhat recent amendments in the area of public and municipal finance provide a trap for the unwary (in the case of P.A. 91-595, effective 8/14/99, amending the Bond Issue Notification Act, 30 ILCS 352/1 et seq., "BINA") and opportunities and clarifications as well as traps for the unwary (in the case of P.A. 91-493, effective 8/13/99, and P.A. 91-868, effective 6/22/2000, amending the Local Government Debt Reform Act, 30 ILCS 350/1 et seq., the "Reform Act").
Tort immunity and the Human Rights Act By James E. Schrempf Local Government Law, August 2000 An interesting question not yet definitively determined is whether municipalities are entitled to the protection afforded by the Illinois Local Government and Governmental Employees Tort Immunity Act (hereinafter referred to as the Illinois Tort Immunity Act), 745 ILCS 10/1 et seq., in complaints under the Illinois Human Rights Act.
Recent decisions of interest By John H. Brechin Local Government Law, June 2000 Three recent Seventh Circuit decisions have examined the issue whether the State of Illinois is immune from the provisions of the Americans with Disabilities Act (ADA).
Attorney general issues opinions affecting units of local government By Lynn Patton Local Government Law, May 2000 Under section four of the Attorney General Act (15 ILCS 205/4 (West 1998)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Beware the procedural pitfalls of vacating roads By Jeffrey A. Mollet Local Government Law, May 2000 As with many aspects of the law, the procedural mechanisms established by statute can pose an enormous burden on elected officials who are trying to discharge the duties of their office.
Beyond the pension code: A review of police and fire disability and death benefits By Shawn P. Flaherty Local Government Law, April 2000 Police protection and fire protection are arguably the two most important services provided by local government.
Briefly noted… by the editor Local Government Law, April 2000 A single violation of departmental rules authorizes dismissal. Moreover, where the plaintiff violated certain departmental rules of conduct when he chose to lie during a departmental investigation, discharge was an appropriate sanction.
Attorney general issues opinions affecting units of local government By Lynn Patton Local Government Law, October 1999 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1996)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Attorney general issues opinions affecting units of local government By Lynn Patton Local Government Law, February 1999 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1996)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.

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