Section Newsletters

Articles on Due Process

Does our rule for publication violate due process? By Hon. Andrea M. Schleifer & Ashley Stead Family Law, August 2017 In the current world of shrinking print media, it is not likely that an average respondent would learn about a case from a publication. Isn’t it time to modify the rule allowing for publication?
Whistling Dixie not the smartest trial strategy, nor racially sensitive, nor consistent with due process and equal protection By Paul J. Glaser Diversity Leadership Council, June 2015 Prosecutors say the darnedest things in closing arguments, and sometimes those things amount to reversible error.
Employer’s due process rights were not violated by admission of treating physician’s medical opinions pursuant to Section 16 of the Act By Catherine Krenz Doan Workers’ Compensation Law, February 2015 In RG Construction Services v. Illinois Workers’ Compensation Commission, the issue before the appellate court was whether Employer was denied its due process right to cross-examine witnesses or present rebuttal evidence of the opinions of Claimant’s treating physicians that were contained in the medical records.
Case summaries By Rita Elsner, Sonni Choi Williams, & Matthew S. Dionne Local Government Law, April 2014 Recent cases of interest to local government law practitioners.
Trust taxation and due process By Mary Cascino Trusts and Estates, February 2014 A summary of the recent case of Linn v. Illinois Department of Revenue.
A long and winding road By J.A. Sebastian Administrative Law, August 2010 A look at the due process requirements and jurisdictional filing requirements in Bell v. Retirement Board of the Firemen’s Annuity and Benefit Fund of Chicago.
Statutory publication notice provision inadequate to afford due process in this zoning case By Kimberly L. Dahlen Civil Practice and Procedure, May 2010 In a recent decision, the Illinois Supreme Court held that the notice provided by the City of Zion in this zoning case did not satisfy due process requirements pursuant to the Illinois Municipal Code.
Zoning—What notice is sufficient to satisfy due process? By John H. Brechin Local Government Law, May 2010 In a recent decision, the Illinois Supreme Court held that the notice provided by the City of Zion in this zoning case did not satisfy due process requirements pursuant to the Illinois Municipal Code.
U.S. courts wrestle with “manifest disregard” after Hall Street By Jeffrey W. Sarles International and Immigration Law, October 2009 Notwithstanding the controversy over the full meaning of Hall Street, there can be no doubt that the decision reconfirmed the narrow scope of judicial review of arbitral awards.
Statutory summary suspension: Violation of due process By Steven J. Block Traffic Laws and Courts, September 2009 A summary of the case of People v. Miklos.
Karabetsos v. Village of Lombard: The Illinois Appellate Court, Second Judicial District clarifies the requirements for pleading a cause of action for a violation of 14th Amendment substantive due process By James W. Fessler Local Government Law, February 2009 In Karabetsos v. the Village of Lombard, the plaintiff filed suit against the Village of Lombard and several of its officials and employees alleging certain torts and various deprivations of her civil rights.
Advocates regroup in aftermath of Supreme Court denial of review in case that leaves families defenseless and without due process By Diane L. Redleaf Human and Civil Rights, November 2008 It seems like Due Process 101: the State cannot deprive an individual of liberty without any basis and without providing a process by which the deprivation can be challenged.
Class action challenging unconstitutional DCFS practices concludes after 11 years By Diane L. Redleaf & Angela Peters Women and the Law, October 2008 In 1997, a class of parents and child-serving professionals filed a lawsuit against the Department of Children and Family Services, seeking extensive reform of DCFS investigations, based on violations of due process.
1 comment (Most recent March 27, 2019)
Supreme Court denies review in case that leaves families defenseless and without due process By Diane L. Redleaf Family Law, September 2008 It seems like Due Process 101: the State cannot deprive an individual of liberty without any basis and without providing a process by which the deprivation can be challenged.
Class action challenges Illinois DCFS investigators’ threats in the United States Supreme Court By Angela Peters Family Law, March 2008 In 1997, a class of parents and child-serving professionals filed a lawsuit against the Department of Children and Family Services, seeking extensive reform of DCFS investigations, based on violations of due process.
Due process requires live testimony to judge witness credibility By John J. Holevas Civil Practice and Procedure, February 2008 The Second District of the Illinois Appellate Court in Anderson v. Kohler, 376 Ill.App.3d 714, 877 N.E.2d 110, 315 Ill.Dec. 623 (2nd Dist. Oct. 4, 2007), recently reversed the lower court’s decision for relying on a transcript of plaintiffs’ case-in-chief from a prior trial rather than allowing the plaintiffs to present their case-in-chief anew. 
The “new wrinkle” in due process: when the state learns its notice has failed By Kathryn B. Richards Administrative Law, 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.
Due process and ethical issues for administrative judges By William A. Price Administrative Law, March 2007 Due process requirements of the U.S. and Illinois Constitutions, and the requirements of both professional and judicial ethics, may apply to actions of ALJs.
Due process does not require that punitive damages be capped at a 4-to-1 ratio with compensatory damages By Devlin J. Schoop Federal Civil Practice, May 2004 In Mathias v. Accor Economy Lodging, Inc., No. 03-1010 (7th Cir. Oct. 21, 2003), the Seventh Circuit held that a jury verdict, in which punitive damages exceeded compensatory damages by more than four times a single-digit ratio, was not unconstitutionally excessive in violation of due process.
“Taking the Fifth” at an administrative hearing By Rosalyn B. Kaplan Government Lawyers, December 2002 During contested cases before administrative tribunals, it sometimes happens that a witness refuses to testify on the ground that his answer might tend to incriminate him.
The discipline of athletes in public school: How much process is due? By William D. Stiehl, Jr. General Practice, Solo, and Small Firm, March 1999 A talented student athlete in a local public high school is suspected of drinking beer, which is in violation of the school's code of conduct.

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