Articles From 2025

Future Live CLE and Previously Recorded CLE on Trusts and Estates Topics Trusts and Estates, July 2025 Do not forget to mark your calendars for upcoming live CLE events sponsored by the Trusts & Estates Section Council!
Future Live CLE and Previously Recorded CLE on Trusts and Estates Topics Trusts and Estates, June 2025 Mark your calendars for upcoming live CLE events sponsored by the Trusts & Estates Section Council.
Future Live CLE and Previously Recorded CLE on Trusts and Estates Topics Trusts and Estates, February 2025 Mark your calendars for upcoming live CLE events sponsored by the Trusts & Estates Section Council.
Future-Proofing Your Law Practice: Embracing Legal Technology for the Next Decade By Drew Nishioka Legal Technology, Standing Committee on, March 2025 This article explores key technologies, practical steps for adoption, and strategies to ensure long-term success in an increasingly tech-driven legal world.
Garden-Variety DUI to Felony: The Fifth District’s Limitation of Prior Conduct By Theodore Harvatin Traffic Laws and Courts, July 2025 In People v. Cruz Aguilar, the Fifth Circuit determined that felony enhancement of a DUI charge at such time as driving privileges are impaired from other than an open SSS, or other than from an open revocation for DUI or Reckless Homicide or leaving the scene of a death or injury crash is not warranted. This ruling put the Fifth District at odds with the Second District. 
1 comment (Most recent July 25, 2025)
Get Credit for Your Research By Jeffrey Mollet & Cari Brett Rincker Agricultural Law, September 2025 Submit your articles to the Agricultural Law Section Newsletter for publication!
Getting Help: It’s OK Alternative Dispute Resolution, November 2025 Resources for lawyers who are struggling with substance abuse issues or mental health conditions.
Getting Help: It’s OK Federal Taxation, September 2025 Resources for lawyers who are struggling with substance abuse issues or mental health conditions.
Getting to Know Her: An Interview with Olivia St. Clair Long By Kat Delgado Women and the Law, May 2025 A spotlight on a new member of the ISBA Standing Committee on Women & the Law.
The Gig Economy and Nonstandard Work Arrangements By Joseph Belmonte, C.R.C. Workers’ Compensation Law, March 2025 The American workforce is subject to constant change as a result of technological development, changing demographics, and global economic conditions. This will present challenges in identifying health and safety risks to workers associated with nonstandard work arrangements and improving safety and health.
The Girl with a Bracelet: A Gripping Mystery and a Glimpse Into French Justice By John W. Foltz Senior Lawyers, February 2025 What happens when a best friend is accused of murder, and the judge isn’t just observing but actively investigating? Stéphane Demoustier's gripping French mystery drama, “The Girl with a Bracelet” (“La Fille au bracelet”), offers an intriguing glimpse into a legal system very different from what most of us know. This thought-provoking film centers on 18-year-old Lise Bataille, portrayed by Mélissa Guers, who is accused of killing her best friend, Flora. As the trial unfolds, the movie gives audiences a rare, nuanced look at the French inquisitorial system of justice, while keeping the mystery at its core tightly woven.
Government Use of Social Media and the First Amendment By Robert P. Osgood Government Lawyers, February 2025 Many government agencies and officials operate social media pages to interact with constituents. But when can a public official or agency limit that interaction? Do such limitations run afoul of the First Amendment? This article examines two recent Supreme Court cases involving the interaction of government, social media, and the First Amendment.
Governor J.B. Pritzker Signs Into Law the House Bill 5142 By Olga Beznashchuk Diversity Leadership Council, June 2025 On July 29, 2024, Governor J.B. Pritzker signed into law HB5142, also known as the Birth Equity Act. The Act amends the Illinois Insurance Code and Illinois Public Aid Code to expand coverage for pregnancy, postpartum, and newborn care. The Act also mandates comprehensive abortion coverage without extra costs and deductibles.
Great 8’s and Numeric Trademark Debates By Michael J. Weil Intellectual Property, June 2025 On April 22, 2024, legendary NASCAR driver Dale Earnhardt Jr. filed a trademark consisting of “a stylized number 8” (“EIGHT”) to be used on clothing, toys, and entertainment services pertaining to auto racing. Fast-forward to April 2, 2025, when another prominent sports figure associated with the number 8—two-time NFL Most Valuable Player Lamar Jackson—filed an opposition at the USPTO, attempting to block registration of Earnhardt’s EIGHT mark. Specifically, Jackson contended that his previously filed ERA 8 and ERA 8 BY LAMAR JACKSON word marks and ERA 8 BY LAMAR JACKSON design mark precluded registration of Earnhardt’s EIGHT mark.
Guilty but Mentally Ill By Dan Fultz Criminal Justice, January 2025 A court faced with an insanity defense may find the defendant "not guilty by reason of insanity" or "guilty but mentally ill." Although both findings take into account the defendant's mental state at the time of the offense, the implications and consequences of each are different. An insanity defense is a complete affirmative defense and is equivalent to an acquittal. On the other hand, guilty but mentally ill is not an affirmative defense, but rather an alternative finding. A defendant who is found guilty but mentally ill is not absolved of criminal responsibility and thus may be sentenced for the offense of conviction.
Hannah Lamore Joins WATL By Debra L. Thomas Women and the Law, October 2025 Get to know Hannah Lamore, a new member of WATL, and her thoughts about the upcoming bar year. 
“Harassment” Under the Illinois Domestic Violence Act, Hope Cards, and Karina’s Law By Olivia K. Basu Family Law, August 2025 A look at recent developments in Illinois law that offer additional protections to survivors of domestic abuse. 
Hate Crimes Against Asian-Americans, and What You Can Do To Stop Them By Hon. Geraldine D’Souza Racial and Ethnic Minorities and the Law, October 2025 Learn more about the the 5 Ds of Bystander Intervention to deescalate a potential hate crime situation.
Health and Human Services Policy Update Elder Law, July 2025 Read updates from Health and Human Services, Illinois Supreme Court News, Older Americans Act, and more! 
Help Your Client (And Yourself) Stay Out of Hot Water — What to Look for When Preparing a Case to Make Sure Disclosures Are Complete and Discharge Is Not in Jeopardy By Andrew S. Erickson Commercial Banking, Collections, and Bankruptcy, March 2025 As a Chapter 7 panel trustee, the author shares issues they have encountered for practitioners to consider. The author stresses the importance of actually looking at the records provided by the client and asking follow-up questions on anything that is unclear prior to filing. 
1 comment (Most recent April 1, 2025)
Here Comes the Flood By Bob Floss, II Real Estate Law, May 2025 It has been 56 years since George Harrison first wrote “Here Comes The Sun.” Had he been a real estate attorney, the verse would read, “Here Comes the Flood.” It is an unfortunate reality that every real estate attorney must face at some point in their career: a client who recently purchased or sold a home, and there is water in the basement. Two appellate court cases have offered some clarity for practitioners counseling their clients on the possibility of litigation.
A High Burden: A Discussion of People v. Krzeczkowski and the Standard for Securing DUI Drug Convictions By Matthew Moustis Rural Practice, January 2025 This Article discusses the legal standard for securing DUI drug convictions, the Third District’s unpublished Rule 23 Order in Krzeczkowski, and considerations for law enforcement agencies enforcing DUI drug laws.
“Highest Wage Wins”: How HB 1189 Solves Conflicts Between State and Federal Labor Law By Craig Colbrook Labor and Employment Law, September 2025 The definition of "public works" has been changed under the Illinois Prevailing Wage Act by HB 1189--this could have far-reaching impacts of which law prevails when there is a conflict between the PWA and the federal Davis Bacon Act. 
Highlights from the 2025 Allerton Conference Civil Practice and Procedure, June 2025 The ISBA Allerton Conference: Generative Artificial Intelligence—Fact or Fiction: Transforming the Legal Practice was held April 2-5, 2025, at the I Hotel & Illinois Conference Center in Champaign, Illinois.
The Highway Ahead: Legal Implications if Cannabis Is Rescheduled as Schedule III By Kulmeet S. Galhotra & Thomas Howard Cannabis Law, September 2025 Summary of potential changes that could occur if cannabis is rescheduled from Schedule I to Schedule III under the Controlled Substances Act. 
HIPAA Settlements Continue Emphasis on Risk Analysis By Rick L. Hindmand & Emily Johnson Health Care Law, October 2025 Learn more about the recommendations to mitigate or prevent cyber-threats promulgated by the Office for Civil Rights of the U.S. Department of Health and Human Services. 
Historic Preservation Tax Credits for Real Estate Development–Illinois By R. Kymn Harp Real Estate Law, July 2025 Efforts to preserve the historical heritage of the United States have been ongoing for more than 200 years. The National Historic Preservation Act of 1966, which created the National Register of Historic Places (National Register), formalized a national policy of preserving historic properties. This article discusses tax credits that may be utilized in Illinois for historic preservation. 
The History of the Illinois Workers’ Compensation Commission: A Century of Evolving Protections By Alexis Ferracuti Workers’ Compensation Law, July 2025 The Illinois Workers’ Compensation Commission (IWCC) stands as the administrative body that resolves disputes between injured workers and employers regarding job-related injuries and occupational diseases. Its origins reflect a broader national movement toward recognizing and protecting workers' rights in the industrial age. The development of the Commission over the past century illustrates the shifting economic, political, and legal landscapes that have shaped labor relations in Illinois.
Hitting It Big: The Rise of Online Sports Betting and Its Inevitable Impact on Divorce Proceedings By Michael J. Levy Family Law, January 2025 While the specific issue of online sportsbooks has not yet reached the appellate court level in Illinois, prior decisions regarding other forms of gambling offer insight into how a court might treat a party's sportsbook app and the funds it contains.
Holiday Planning for Families By Erin Wilson & Juliana Brannan Family Law, November 2025 Get ahead of the holiday stress and be proactive with your clients regarding holiday schedules. Many families may be adjusting to a new normal this holiday season, and it is important that family law attorneys ensure this transition is as smooth as possible for clients.