2009 Articles

7th Circuit finds that “stay-put” does not encompass Individuals with Disabilities Education Act (IDEA) services provided outside of the student’s Individual Education Plan (IEP) By Hon. Ann Breen-Greco October 2009 The 7th Circuit noted that in most cases District Courts will not need to go beyond the four corners of the IEP to decide which services are covered by the stay-put umbrella.

Administrative law case summaries By Hon. Edward J. Schoenbaum December 2009 Ill Supreme Court and 7th Circuit Cases

Administrative Law Case Summaries By Hon. Edward J. Schoenbaum, J.A. Sebastian, & William A. Price October 2009 A list of recent cases of interest to Administrative Law practitioners.

Administrative law decision summaries By Edward J. Schoenbaum September 2009 Recent cases of interest to administrative law practitioners.

Administrative law decision summaries By Edward J. Schoenbaum August 2009 Recent cases of interest to administrative law practitioners.

Administrative law decision summaries By Edward J. Schoenbaum June 2009 Recent cases of interest to administrative law practitioners.

Administrative Law Section Seminar and Section Council Meeting in Springfield, May 15th and 16th By William A. Price June 2009 The Section sponsored a well-received seminar on administrative hearings and appeals this May 15th, and the Section Council met the day afterward at the Abraham Lincoln hotel in Springfield, Illinois.

Are criminal prosecutions for prevarication possible? By William A. Price April 2009 Political and governmental ethics debates in Illinois may have reached a new low this spring, with a member of the majority party defending a vote against a special election with a comment on the situation of the state’s junior U.S. Senator, currently challenged for less-than-forthcoming answers about how he obtained appointment, and for unsuccessful attempts to raise political funds in the course of discussions of same.

A book review and personal recommendation By J.A. Sebastian January 2009 A review of the book EATS, SHOOTS & LEAVES: The Zero Tolerance Approach to Punctuation, by Lynne Truss.

Certain federal contractors and subcontractors required to begin using E-Verify system by January 15, 2009 By Robert S. White January 2009 The E-Verify system is administered by the U.S. Citizenship and Immigration Services in partnership with the Social Security Administration and is a Web-based program that allows employers to verify that their employees are authorized to legally work in the United States.

Chair’s comment page By Marc Christopher Loro August 2009 A message from Chair Marc Loro.

Chair’s comment page, December 2009 By Marc Christopher Loro December 2009 A message from Section Chair Marc Loro.

Chair’s comment page, October 2009 By Marc Christopher Loro October 2009 A message from Chair Marc Loro.

Chair’s comment page, September 2009 By Marc Christopher Loro September 2009 A note from Chair Marc Loro.

Chicago red light cameras scheme constitutional By Patti Gregory-Chang March 2009 In Chicago, red light cameras take pictures of cars whose drivers run red lights and make illegal turns at intersections. Owners of vehicles, with the exception of leased vehicles, are liable for tickets.

Confessions of an Ad Law junkie By Jewel N. Klein April 2009 If politics excite you, if you like to watch government at work, if you think about public policy and its impact on people, administrative law is for you.

Does a Board of Education have standing to bring Administrative Review complaint? By Patti Gregory-Chang March 2009 In the case of The Board of Education of Bremen High School District No. 228 v. Mitchell, the Appellate Court tackled the issue of who has standing to appeal an agency decision pursuant to the Administrative Review Law.

Doing it on the square By J.A. Sebastian December 2009 The date: October 2, 2009. In the Chicago area, an historical day: a day when some bemoaned the selection of Rio rather than Chicago for the 2016 Olympics. For others, it was the day to attend the annual endowed Rudolf G. Schade Lecture Series at Elmhurst College, created in 1984 as a class gift to sponsor an annual campus lecture, usually pertaining to history or ethics.

Ethics and Judicial Independence By Hon. Thomas R. Fitzgerald December 2009 A speech given by Illinois Chief Justice Thomas R. Fitzgerald at Elmhurst College on October 2, 2009

Fifteen pages impracticable limit on administrative review By Jewel N. Klein December 2009 Most of the judges in the Circuit Court of Cook County have a 15-page limit on briefs. When one challenges an administrative agency decision, the 15-page limit is impracticable.

Follow-up on H-1B TARP By Sonya Som April 2009 On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (“ARRA” or the “the Act”), a massive bill that allocates $789.5 billion in federal funds and tax cuts for a variety of initiatives in an effort to stimulate the economy.

In Memoriam By J.A. Sebastian October 2009 We’d like to honor a former ISBA Ad Law Section Council member, Judge Alfred Gene Burton Jr., 56, who died on Aug. 2, 2009.

“It ain’t over ‘til it’s over”: Circuit court jurisdiction after remand to an administrative agency By William A. Price September 2009 Post-judgment proceedings can be decisive in any case, and they may be difficult to obtain promptly where state agency proceedings are at issue.

Less is more: Lessons from BLINK By J.A. Sebastian January 2009 BLINK: THE POWER OF THINKING WITHOUT THINKING is about thinking in new ways about how we think. How valid is a first impression? What factors are considered? How often (who has time?) do we even think about how we think.

Morgan II By Jewel N. Klein August 2009 If Morgan I was a primer on administrative law, Morgan II presents a primer on how even the best of defenses will be unsuccessful against an agency determined to get rid of a bad actor.

October 2009 Administrative Law decisions, with analysis and commentary By William A. Price December 2009 Supreme Court and Appellate Courts

An opportunity for the Supreme Court to amend the Rules of Professional Responsibility? By Marc Christopher Loro April 2009 At a time when the ISBA is trying to improve the reputation and image of lawyers by riding the coattails of the bicentennial of Lincoln’s birth, and Abe’s integrity and legacy as one of Illinois’ finest lawyers, the damage done by the Governor, left unattended, take many years to repair.

Regulatory agendas, lists, and other compliance aids By William A. Price September 2009 The Illinois Administrative Procedure Act allows counsel some insight into what rules are coming down the pike by requiring all agencies to publish regulatory agendas in the January 1 and July 1 editions of the Illinois Register.

The right to an agency decision, and 35 days to appeal, including some weekend days By William A. Price September 2009 If your client gets a state agency decision, he or she is entitled to a clear and simple explanation of what standard the agency applied, and why the decision was made.

Section Council Profiles By William A. Price October 2009 We’re planning to provide information on the various members of the Administrative Law Section Council over the course of this newsletter year. Here are the first two biographical summaries.