Articles From 2025

What a Difference a Word Can Make: Understanding the Rule of Law By Junaid Afeef Human and Civil Rights, April 2025 The rule of law ensures that legal frameworks are applied equally, uphold fundamental rights, and constrain government power. It “describes a political ideal in which the executive arm of the state exercises coercive power against individuals only when this is authorized by settled principles of law.” In contrast, rule by law describes a system where laws exist primarily as tools of the state to exert control, often benefiting the ruling elite rather than protecting citizens. Rule by law allows for arbitrary governance, where the law is selectively applied to maintain power rather than to ensure justice.
What Constitutes a Prima Facie Case? By Brian Fliflet State and Local Taxation, July 2025 This article discusses the interpretation of prima facie cases and the recent Supreme Court Opinion, Marathon Petroleum Co. LP v. Cook County Department of Revenue, 2024 IL 129562. 
What Do We Mean by “Human Rights?” Can We Agree? By Sandra Crawford, J.D. Human and Civil Rights, August 2025 While there may not be a universal definition of "human rights," this article explores the origins of human rights and how everyone's right to life, liberty, and the pursuit of security of person must be protected. 
What Is a Motion for Relief? By Justice Judy Cates Bench and Bar, March 2025 Ever heard of a motion for relief? No—not a motion to reconsider, or motion for new trial or judgment notwithstanding the verdict—but a motion for relief. The motion for relief is a procedural prerequisite to jurisdiction in the appellate court. A party seeking to appeal is tasked with filing a motion for relief, or “mini-brief,” in the trial court, setting forth the alleged errors that occurred during the detention proceedings and the grounds for the relief requested. The motion for relief will also serve as the argument of the appellant on appeal, as the appellant may file, but is not required to file, a memorandum in the appellate court. Ill. S. Ct. R. 604(h)(7) (eff. Apr. 15, 2024). 
What Is Mediation and ADR: History, Models, and Principles By Sandra Crawford, J.D. Federal Taxation, December 2025 An overview on the origins of mediation and alternative dispute resolution, different models of mediation, and the core principles of mediating disputes. 
What Is Mediation and ADR: History, Models, and Principles By Sandra Crawford, J.D. General Practice, Solo, and Small Firm, November 2025 An overview on the origins of mediation and alternative dispute resolution, different models of mediation, and the core principles of mediating disputes. 
What Is Mediation and ADR: History, Models, and Principles By Sandra Crawford, J.D. Family Law, August 2025 An overview on the origins of mediation and alternative dispute resolution, different models of mediation, and the core principles of mediating disputes. 
What Is Mentorship and Where to Find It in the Food Industry? Food Law, June 2025 When asked about their career journeys, many successful professionals credit mentorship as a defining factor in their growth. No one advances in a vacuum; those who actively seek and apply guidance from experienced individuals set themselves apart. From academic advisors to professional mentors, having someone to offer insights, challenge blind spots, and encourage risk-taking can make all the difference.
What Is New in PFAS Remediation Technology? By Eric Berry Environmental and Natural Resources Law, March 2025 PFAS are found virtually everywhere, are highly durable, and are regulated at very low levels (parts per trillion) at both state and federal levels. This article discusses utilizing effective treatment technology to remediate PFAS. 
What Is the Remote Practice of Law? By Stephen B. Cohen Rural Practice, October 2025 In this article, the author emphasizes and describes how a major event affecting all aspects of society has changed many traditional aspects of the practice of law.
What Is the Remote Practice of Law? By Stephen B. Cohen Alternative Dispute Resolution, January 2025 In this article, the author emphasizes and describes how a major event affecting all aspects of society has changed many traditional aspects of the practice of law.
What’s Going on with Vehicle-to-Everything Laws in Illinois? By Nick Oliver Energy, Utilities, Telecommunications, and Transportation, April 2025 Welcome to “What’s going on with ____ in Illinois?” The author's goal for this new column is to provide an overview of emerging laws affecting the energy, utilities, transportation, and telecommunication industries in our state. For our first column in this series, the author focuses on the current state of vehicle-to-everything laws in Illinois.
What’s in a Name? Law and Equity Revisited: Chancery Courts, Universal Injunctions, and the Historical Divide By Jake A. Leahy Young Lawyers Division, August 2025 A historical overview of the differences between Law Division and Chancery Division courts and the modern-day implications of Trump v. CASA on equitable relief. 
What’s the Law? Dogs in Hot Cars By Elizabeth Zurek Animal Law, May 2025 Some states allow individual citizens to enter a car, including by means of breaking a window, in order to rescue an animal. In Illinois, only a law enforcement officer can do so, using “any reasonable means under the circumstances.” 
When Bad Things Happen to Good Projects By Samuel H. Levine Construction Law, May 2025 The article examines the suspension of construction projects, their causes, and the contractual rights and responsibilities involved. Industry-standard contracts like AIA A201 and ConsensusDocs 200 contain suspension clauses that allow owners to suspend work for convenience and outline contractor rights, including time and cost adjustments. Federal contracts also permit suspension but typically exclude profit in recovery. Levine's article highlights the need for contractors to follow claim procedures carefully and document delays and damages. It also covers force majeure clauses, emergency provisions, and differentiates between delay and disruption claims. Special emphasis is placed on the importance of proper contract drafting and timely communication to manage the impacts of suspension.
When Is Insurance Not “Other Insurance”? By David E. Schroeder Insurance Law, May 2025 A typical “other insurance” provision in a general liability policy might state that “any coverage hereunder will be excess over any other valid and collectible insurance available to the additional insured, whether primary, excess, contingent, or on any other basis.” Note that this provision only comes into play if another party has “other valid and collectible insurance.” This article examines situations where what appears to be an insurance policy or insurance coverage has been found not to be “other valid and collectible insurance” for the purposes of “other insurance” clause analysis.
When the Text Isn’t Clear: What Lawyers Should Know About the Canons of Construction By Jake A. Leahy Young Lawyers Division, December 2025 When interpreting a statute, regulation, constitutional provision, or ordinance, be sure you are familiar with how courts use canons (and when they don't), and how an argument regarding interpretation can either effectively persuade the court or stretch the law too far. 
While You Were Out: An Intimate Family Portrait of Mental Illness in an Era of Silence—A Conversation with the Author By Susan Goldberg Mental Health Law, March 2025 A discussion with author Meg Kissinger, whose memoir chronicles the mental illness in her family, and her work reporting on the “broken” mental health system. 
Why I Seek Out Rooms Without Lawyers—And Why You Might Too By Ricardo Santiago Federal Taxation, November 2025 Learn about the benefits of networking outside of your usual professional circles and challenge yourself to network with non-attorneys to grow your practice. 
Why I Seek Out Rooms Without Lawyers—And Why You Might Too By Ricardo Santiago Young Lawyers Division, September 2025 Learn about the benefits of networking outside of your usual professional circles and challenge yourself to network with non-attorneys to grow your practice. 
Why I Will Keep Trying To Contact Public Officials By Bhavani Raveendran Human and Civil Rights, August 2025 Learn about additional ways that you can contact your representatives or senators to effectuate change. 
Why Volunteer on a Section Council? By Margo Lynn Hablutzel Corporate Law Departments, August 2025 Learn about the benefits of joining the Corporate Law Department Section Council!
Will Illinois Have a New Public Defender System? By John Rekowski Criminal Justice, May 2025 Illinois is considering HB 3363 to reform its public defense system by creating a State Public Defender and a State Public Defender Commission to supportnot controllocal public defenders. The main controversy is over who appoints local Chief Public Defenders—currently judges, but the bill proposes a state commission. The change aims to reduce conflicts of interest but faces strong opposition from judges and the Illinois State Bar Association.
Will There Be a Legislative Response to the Illinois Supreme Court’s Decision Addressing Riparian Rights Along Non-Navigable Streams? By John H. Henderson Real Estate Law, July 2025 This article provides an update on the fate of HB1568 and discusses a very similar bill introduced in the current legislative session.
Will There Be a Legislative Response to the Illinois Supreme Court’s Decision Addressing Riparian Rights Along Non-Navigable Streams? By John H. Henderson Agricultural Law, April 2025 This article provides an update on the fate of HB1568 and discusses a very similar bill introduced in the current legislative session.
Will There Be a Legislative Response to the Illinois Supreme Court’s Decision Addressing Riparian Rights Along Non-Navigable Streams? By John H. Henderson Mineral Law, March 2025 This article provides an update on the fate of HB1568 and discusses a very similar bill introduced in the current legislative session.
Without Further Ado: Third Circuit Limits Discovery on Motions to Compel Arbitration By Bassam F. Gergi Federal Civil Practice, January 2025 More than a decade after its seminal decision in Guidotti v. Legal Helpers Debt Resolution, L.L.C., the Third Circuit Court of Appeals has clarified that a plaintiff’s claims may be sent straight to arbitration, without any discovery, if there is no challenge to an arbitration agreement’s existence or validity.
Women & the Law Committee at Race Judicata By Ashly McCants Giddens Women and the Law, December 2025 Learn more about Race Judicata and how you can participate next year! 
Women & the Law’s Book Drive: 492 Books Collected for Young Readers in Illinois By Laura Castagna Women and the Law, May 2025 Literacy is the single most important skill a child needs to be successful, yet many children lack access to books of their own. In an effort to promote book ownership and help children create pathways to success through engagement with text, the Women & the Law Committee organized a book drive to coincide with ISBA’s 2024 Midyear Meeting. From November 2024 until the Midyear Meeting, the WATL Committee invited its members and the greater ISBA membership to collect new and gently used children’s books as well as monetary donations for four non-profits serving communities throughout Illinois.
The Women by Kristin Hannah—A Reflection of Our Times By Naomi Schuster Senior Lawyers, June 2025 The article reflects on The Women by Kristin Hannah, a historical fiction novel highlighting the overlooked contributions of women—especially nurses—during the Vietnam War. Through the fictional character Frankie McGrath, based on real accounts, the story reveals the harsh realities faced by female veterans, including trauma, lack of recognition, and poor treatment upon returning home. Despite 10,000 women serving in Vietnam, mostly as volunteer nurses, their roles were long ignored. Efforts to honor them culminated in the 1993 dedication of the Vietnam Women’s Memorial in Washington, D.C., thanks to advocacy led by former nurse Diane Carlson Evans.
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