2007 Articles

Inside September 2007 This issue of the Newsletter begins with an article by Patti Gregory-Chang concerning a recent decision that answers a number of questions about City of Chicago Municipal Code enforcement proceedings.

Inside August 2007 This issue of the newsletter begins with the first column by the new Chair of the Section Council, Bernie Paul.

Inside July 2007 An introduction to the issue.

Inside June 2007 The article following the Chair’s Column on this page is written by DePaul University College of Law student Kathryn Richards, who is completing her second year.

Inside May 2007 In this, the 11th Administrative Law Newsletter published during ISBA year 2006-07, we begin with Section Council Chair Jim Chipman’s description of two upcoming seminars which will be of interest to many practitioners.

Inside April 2007 An introduction to the issue.

Inside March 2007 This issue of the newsletter provides a variety of insights. Section Council Chair Jim Chipman leads off with a description of legislation pending in the Illinois General Assembly of potential interest to administrative law practitioners.

Inside February 2007 Following the Chair’s Column regarding the revised ISBA Administrative Law Handbook to be published soon, Jewel Klein analyzes the recent Fourth District Illinois Appellate decision in Poindexter v. State of Illinois.

Inside January 2007 Our initial issue of the new calendar year begins with Chair Jim Chipman’s report on the proposed agenda of the Section Council’s upcoming seminar relating to driver’s license suspensions and revocations.

ISBA Board of Governors approves proposed legislation concerning Lockett decision problems By Carl R. Draper 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.

JCAR insists on its own system of statutory citation By Marc Christopher Loro April 2007 This article relates the frustrating journey of the author's disagreement with JCAR, examines (or speculates on) the legal basis for JCAR’s system of statutory citation, and suggests some solutions to this conflict.

Judge Sophia Hall speaks to ALJs on how to gain and keep respect By Paul E. Freehling December 2007 On November 5, 2007, Cook County Circuit Court Judge Sophia H. Hall spoke to the Chicago Bar Association Administrative Law Judges Committee on the important and challenging subject of ALJs gaining and keeping the respect of litigants and attorneys appearing before ALJs in administrative law proceedings.

McGaw Medical Center’s fall into the ARL’s dangerous minefield By J.A. Sebastian January 2007 When relief is sought from an adverse decision involving a claim for unemployment compensation benefits, who are the necessary-party defendants in a complaint seeking administrative review of that decision?

MCLE credit and newsletter authors September 2007 According to Rule 795(d)(7) of the Supreme Court of Illinois’ Minimum Continuing Legal Education Rules, authors who write “law-related articles in responsible legal journals or other legal sources” can get MCLE credit.

Morgan v. Department of Financial and Professional Regulation: A primer on agency discretion, due process, and license deprivation By Jewel N. Klein September 2007 Justice Joseph Gordon’s scholarly and lengthy opinion in Morgan v. Dep’t of Financial & Prof. Reg. is a tour de force through the wonderful world of administrative law and its intersection with rules of evidence, statutory construction, due process, and appellate review.

The “new wrinkle” in due process: when the state learns its notice has failed By Kathryn B. Richards June 2007 The Supreme Court of the United States recently revisited the issue of adequacy of notice under the Due Process Clause and declared that when the State’s notice of a tax sale sent by certified mail is returned unclaimed, the State has an obligation to take “additional reasonable steps to attempt to provide notice to the property owner before selling the property, if it is practicable to do so.

The Open Meetings Act: Recent amendments and cases By Donald A. LoBue May 2007 There are many local governments in the State of Illinois.

Plaintiff guesses wrong on naming right defendant for review case By Steven P. Garmisa November 2007 Providing an unfavorable comparison to Illinois law, a wonderful Wisconsin statute says administrative agencies must inform people exactly who should be named as respondents in a petition for administrative review.

Reaching Out or Overreaching—Judicial ethics and the self-represented litigant By Paul E. Freehling February 2007 On January 8, 2007, Cynthia Gray, Director of the Center for Judicial Ethics of the American Judicature Society (AJS), spoke to the Administrative Law Judges Committee of the Chicago Bar Association.

Recent case By Paul E. Freehling August 2007 An exemption in The Open Meetings Act applies to tapes and minutes of the entirety of an executive session during which the sublease of real estate, including how the space was to be used by a sublessee, was discussed.

Recent legislation By J.A. Sebastian & Paul E. Freehling September 2007 On August 21, 2007, Public Act 95-321 (SB29) became law.

The role of attorney-accountants in administrative state and local tax proceedings By Julie-April Montgomery November 2007 Your company just received a sales tax notice of tax liability from the Illinois Department of Revenue for hardware sold to a Chicago company along with the lease of various software packages that are both customized and canned.

Summary of recent decisions By Hon. Edward J. Schoenbaum November 2007 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.

Summary of recent decisions By Hon. Edward J. Schoenbaum October 2007 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.

Summary of recent decisions By Hon. Edward J. Schoenbaum September 2007 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.

Summary of recent decisions By Hon. Edward J. Schoenbaum, Jr. July 2007 Recent cases of interest to administrative law practitioners.

Summary of recent decisions By Hon. Edward J. Schoenbaum June 2007 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.

Summary of recent decisions By Hon. Edward J. Schoenbaum May 2007 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.

Summary of recent decisions By Hon. Edward J. Schoenbaum March 2007 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.

Summary of recent decisions By Hon. Edward J. Schoenbaum January 2007 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.