Criminal Convictions No Longer an Automatic Disqualifier for EmploymentBy Carl R. DraperLabor and Employment Law, September 2021Public Act 101-656 made two significant changes to the Illinois Human Rights Act, including limiting the ability of employers to rely on conviction records in making employment decisions.
Chair’s ColumnBy Carl R. DraperGeneral Practice, Solo, and Small Firm, September 2020A note from the chair, Carl R. Draper.
Workplace Transparency Act: Not as Clear as You WishBy Carl R. DraperIntellectual Property, September 2020In 2019, the Workplace Transparency Act was signed into law as Public Act 101-0221. This comprehensive bill makes some fundamental changes to the balance of employment rights that now affect many small businesses.
Workplace Transparency Act: Not as Clear as You WishBy Carl R. DraperGeneral Practice, Solo, and Small Firm, July 2020In 2019, the Workplace Transparency Act was signed into law as Public Act 101-0221. This comprehensive bill makes some fundamental changes to the balance of employment rights that now affect many small businesses.
Janus v. AFSME Council 31: The aftermathBy Carl R. DraperLocal Government Law, February 2019The Supreme Court held in Janus v. AFSME Council 31 that the mandatory collection of agency fees is a violation of the First Amendment rights of public employees who do not wish to belong to a union.
Janus v. AFSME Council 31: The aftermathBy Carl R. DraperLabor and Employment Law, January 2019The Supreme Court held in Janus v. AFSME Council 31 that the mandatory collection of agency fees is a violation of the First Amendment rights of public employees who do not wish to belong to a union.
Email: Why can’t I keep my free account?By Carl R. DraperEmployee Benefits, April 2018We have ethical obligations now to be competent at use of technology, and free e-mail has far fewer expectations of privacy and protection from the service provider than paid subscriptions.
Discrimination claims: Commission review or independent civil action?By Carl R. DraperLabor and Employment Law, February 2018In Metzler v. Katherine Shaw Bethea Hospital, the Second District has provided a recent ruling that very clearly outlines the contours of the independent right to file suit in court instead of the Human Rights Commission.
E-mail: Why can’t I keep my free account?By Carl R. DraperGeneral Practice, Solo, and Small Firm, February 2018We have ethical obligations now to be competent at use of technology, and free e-mail has far fewer expectations of privacy and protection from the service provider than paid subscriptions.
Chair’s columnBy Carl R. DraperLabor and Employment Law, December 2017Section Chair Carl Draper looks ahead to the hot topics in the labor & employment law field.
Review of Surface Pro: It is a great multi-taskerBy Carl R. DraperLegal Technology, Standing Committee on, August 2016A review of the advantages of a multi-purpose tablet/laptop like the Surface Pro.
Supreme Court rulings to watchBy Carl R. DraperLabor and Employment Law, February 2016The United States Supreme Court has granted certiorari in a couple of labor and employment cases that will be worth noting for all lawyers practicing employment law.
Winston and Lockett: The legacy continuesBy Carl R. DraperAdministrative Law, May 2015Two of the most important decisions to understand have been specifically identified as potential traps for the unwary when filing a complaint under the Administrative Review Law.
Chair’s columnBy Carl R. DraperAdministrative Law, March 2015A message from Administrative Law Section Chair Carl Draper.
Chair’s columnBy Carl R. DraperAdministrative Law, February 2015A message from Section Chair Carl Draper.
Chair’s columnBy Carl R. DraperAdministrative Law, December 2014A message from Administrative Law Section Chair Carl Draper.
Illinois agency standing to appeal court review decisionsBy Carl R. DraperAdministrative Law, December 2014While 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.
Hey you, get off of that cloudBy Carl R. DraperLegal Technology, Standing Committee on, July 2014A review of Transporter, a device that advertises itself as being able to create your own private cloud service.
Mailing = Filing for workers’ compensation reviewBy Carl R. DraperAdministrative Law, October 2013On August 1, 2013, the Illinois Supreme Court reviewed a long history of the process for review of decisions of the Workers’ Compensation Commission and found that the procedures for advancing the case from the administrative agency to the courts for judicial review was part of an appeal process very much like the appeal process in most civil litigation.
Electronic service of documents—Service that cannot be avoidedBy Carl R. DraperLegal Technology, Standing Committee on, September 2013On October 4, 2013, the Illinois Supreme Court will hold a public hearing at its office in Chicago to consider amendments to Supreme Court Rule 138 (Protecting Personal Identity Information) and Proposal 13-06 amending Rule 11 mandating that parties provide e-mail addresses by which they may be served with documents after the initiation of a case in circuit court or on appeal. The announcement from the Supreme Court invites public comments on the proposals, which should be submitted in writing by Friday, September 20, 2013.
Attorney fees in administrative law? Yes, you can—but follow the statuteBy Carl R. DraperAdministrative Law, February 2013For agencies subject to the Administrative Procedure Act (most State agencies) litigants are to be awarded a full measure of attorney fees for any case where a court finds that the agency enforced a rule that is invalid for any reason.
E-service—It is time to serve others as you would wish to be servedBy Carl R. DraperLegal Technology, Standing Committee on, February 2013In late October, 2012, the Supreme Court announced revisions to the Rules of Civil Procedure relating to service of pleadings effective on January 1, 2013. The change made in Rule 11 allowed service of documents to be completed by electronic submission.
Writ of certiorariBy Carl R. DraperAdministrative Law, March 2012The writ of certiorari is a good alternative to administrative review when the administrative review law is inapplicable. This article contains a form complaint for the common law writ of certiorari for review of administrative decisions when the Administrative Review Law (735 ILCS 5/3) does not apply. The form gives a general framework for such a pleading. It has suggested paragraphs that help remind you of some of the most relevant steps in filing that pleading. This complaint is designed for use in CIRCUIT COURT.
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