Section Newsletters

Articles From Paul E. Freehling

EEOC beats back challenge to its jurisdiction to issue administrative subpoenas By Paul E. Freehling Labor and Employment Law, April 2010 An employer has a greater chance of persuading a federal appeals court to hold part or all of an EEOC administrative subpoena by showing that compliance would be unduly burdensome, rather than arguing the subpoena is outside the EEOC's jurisdiction.
Two recent federal FOIA cases By Paul E. Freehling Administrative Law, August 2008 The federal Freedom of Information Act, 5 U.S.C. §552 et seq. (“FOIA”), is the subject of two informative recent decisions of circuit courts of appeal.
Editor’s note By Paul E. Freehling Administrative Law, May 2008 A message from Editor Paul Freehling.
Converting a life insurance policy into cash while the insured is alive: Viatical and life settlements By Paul E. Freehling Senior Lawyers, March 2008 This article concerns a relatively new way to convert a life insurance policy into cash while the insured person is alive: sell it on the market.
Illinois Appellate Court declines to broaden employee rights or to narrow the Employment-At-Will Doctrine By Paul E. Freehling Labor and Employment Law, February 2008 Imaginative counsel for employees regularly try to persuade Illinois courts to adopt new rationales for restricting the employment-at-will doctrine.
Michele Jochner’s guidelines for writing effective ALJ opinions By Paul E. Freehling Administrative Law, February 2008 Michele Jochner, law clerk to Illinois Supreme Court Justice Charles E. Freeman, spoke to the Chicago Bar Association Administrative Law Judges Committee on December 10, 2007 about how to write effective opinions.
Judge Sophia Hall speaks to ALJs on how to gain and keep respect By Paul E. Freehling Administrative Law, 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.
Recent legislation By J.A. Sebastian & Paul E. Freehling Administrative Law, September 2007 On August 21, 2007, Public Act 95-321 (SB29) became law.
Recent case By Paul E. Freehling Administrative Law, 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.
Reaching Out or Overreaching—Judicial ethics and the self-represented litigant By Paul E. Freehling Administrative Law, 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.
Ann Breen-Greco is a “woman with vision” By Paul E. Freehling Administrative Law, December 2006 For nearly three decades, Ann Breen-Greco has been a political and community activist. She has focused much of her efforts on reducing violence against women, working with women’s groups and elected officials to promote the Violence Against Women Act, and continuing to lobby for its funding.
A discrimination lawsuit filed by an individual in a protected class who alleges adverse employment action may proceed even though the individual’s replacement is a person in the same protected class By Paul E. Freehling Labor and Employment Law, January 2006 Suppose P, a person in a protected class, alleges that an adverse employment action—such as discharge, failure to hire, demotion, or failure to promote—resulted from, for example, age, disability, gender, national origin, pregnancy, racial or religious bias.
Recent federal administrative law decision By Paul E. Freehling Administrative Law, January 2006 Applicability of state licensing rules to representation before a federal administrative agency—Representation of a party in federal administrative proceedings by an attorney unregistered in the state where the proceedings are held—Right to attorney fees for such representation
Inconsistent assertions regarding disabilities made in ADA complaints and in applications for disability benefits By Paul E. Freehling Labor and Employment Law, October 2005 As a consequence of the U.S. Supreme Court’s decision in Cleveland v. Policy Management Sys. Corp., 526 U.S. 795 (1999), discussed below, an Americans with Disabilities Act (ADA) lawsuit plaintiff who also has filed one or more applications for disability benefits clearly is required to explain the apparent inconsistency between (a) statements on the application(s) that the applicant is unable to work, and (b) allegations in the ADA complaint that the plaintiff is able to perform the job’s essential functions.
Recent case By Paul E. Freehling Administrative Law, September 2005 The recent Fourth District opinion in Henry v. Anderson, No. 04-04-0867 (Apr. 18, 2005), is a rare example of an appellate court ruling that Section 2a of the Illinois Open Meetings Act, 5 ILCS 120/2a, was violated. 
Retaliatory discharges and citizen crime-fighters By Paul E. Freehling Labor and Employment Law, July 2005 An at-will employee observes what she believes to be misconduct harmful to the employer, and she "blows the whistle" internally.
When a performance evaluation is the product of discrimination, has there been an “adverse employment action”? By Paul E. Freehling Labor and Employment Law, July 2005 For over a decade, the federal judiciary has been grappling with the following question: Under what circumstances, if any, does a less-than-stellar performance evaluation given as a result of unlawful discrimination constitute "adverse employment action" as contemplated by the anti-discrimination statutes and the Due Process Clause of the 5th and 14th Amendments?
Hot topics in education law By Paul E. Freehling Administrative Law, February 2005 On Friday, February 25, 2005, at the ISBA’s Chicago Office from 9 AM to 4 PM, the ISBA Education Law Section will present a seminar on the subject of education law.
The Illinois Supreme Court should promulgate an “offer of settlement or judgment” rule By Paul E. Freehling Civil Practice and Procedure, December 2004 My premise in this article is that, for most civil litigation, settlement is preferable to a trial. Obviously, if the claims are not justiciable, the complaint should be dismissed.
Analysis of some recent decisions By Paul E. Freehling Administrative Law, May 2004 In Lyon v. DCFS, 2004 Ill. LEXIS 361 (Ill. Sup. Court, No. 95643, Mar. 18, 2004), affirming 335 Ill.App.3d 376, 780 N.E.2d 748 (4th Dist. 2002), the Illinois Supreme Court addressed complex due process issues arising in the course of administrative proceedings involving alleged abuse of two school children by Lyon, one of their teachers.
Recent cases By Paul E. Freehling Administrative Law, November 2003 Documents submitted by Illinois administrative agencies to the Illinois Attorney General pertaining to requests for Attorney General opinions are not necessarily exempt from disclosure under the Illinois Freedom Of Information Act (FOIA)
Citation of unpublished courts of appeals opinions By Paul E. Freehling Federal Civil Practice, November 2002 All federal appellate courts permit the citation of unpublished courts of appeals opinions for such purposes as showing res judicata, collateral estoppel, or law of the case.
Administrative Law section newsletter celebrates its 30th birthday: the first year By Paul E. Freehling Administrative Law, October 2001 The first issue of the ISBA Administrative Law Section Newsletter was published in November 1971, 30 years ago.
Applicability of Fourth Amendment to administrative hearing evidence By Paul E. Freehling Environmental Law, May 2000 On October 28, 1999, Judge Robert Boharik of the Circuit Court of Cook County issued a written memorandum order in Isa Bros., Inc. v. City of Chicago, No. 98 CH 17389.

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