A Reminder to Our Section MembersReal Estate Law, March 2026The Real Estate Law Section is intended to enhance the abilities of real estate legal practitioners, disseminate information on real estate law development, educate the the public on rights and procedures associated with property ownership, and more!
REMINDER!Real Estate Law, February 2026The CLE deadline for last names A-M is fast approaching--utilize your free CLE credits included in your ISBA membership!
Report From the ChairBy Garrett ThalgottAgricultural Law, June 2026Parting remarks from the current Chair of the Agricultural Law Section Council, discussing the Right to Repair lawsuit against John Deere.
Report From the ChairBy Garrett ThalgottAgricultural Law, March 2026A note from the Chair of the Agricultural Law Section Council.
Report on the Committee’s 2026 Washington, D.C. TripBy Michael DuhnFederal Taxation, June 2026On May 7-8, 2026, delegates from the Federal Taxation Committee met with Congression representative offices to discuss potential changes in tax law to exclude farmers from the concept of "constructive receipt" regarding delivery and payment of their crops to their respective elevators.
Representing Yourself in Court: Illinois Free Legal Answers and Other ResourcesBy Saffron Mears & Andrea SchraderLaw-Related Education for the Public, October 2026For some self-represented litigants, the event of going to court may be just one small part of a list of daily challenges. Financial hardships, housing issues, food insecurity, and lack of reliable transportation are only some of the obstacles that an individual may experience outside the courtroom.
Reproductive Health Decisions Are Now Protected Under the Illinois Human Rights ActBy Olga BeznashchukDiversity Leadership Council, June 2026A brief survey of the historical journey of the Illinois Human Rights Act and subsequent legislation that offers protections for gender, sexual orientation, reproductive healthcare, and more.
Reserve Studies: Needed Information That Not Everyone WantsBy Paul PetersonReal Estate Law, April 2026House Bill 2563 with House Amendment 1 calls for a reserve study done every 5 years by associations with more than 15 units where the association is responsible for the repair and upkeep of major components of the building. To date, reserve studies or reserve schedules are required in 12 states.
Reserve Your Room for the 2026 Annual MeetingBy Genevieve E. Miller, Esq.Employee Benefits, April 2026The 2026 ISBA Annual Meeting will occur on June 11-12, 2026, at the Ritz-Carlton in St. Louis. Learn how to register and reserve your room.
Resource UpdatesElder Law, April 2026Don't forget about the wealth of resources available to you or your client online! The Consumer Federation of America, Center for Clinical Standards and Quality, Centers for Medicare & Medicaid Services, and more, all offer various informational resources that can aid in the practice of elder law.
Responding To Work-From-Home Accommodation Requests in a Post-Covid EnvironmentBy Josh HeidelmanBusiness Advice and Financial Planning, March 2026In the wake of the pandemic, it may be more difficult for employers to argue remote work is not a reasonable accommodation. Learn more about developing case law on the topic and steps employers can take to strengthen their positions in court.
Restriction of Parental ResponsibilitiesBy Judge Maureen SchuetteFamily Law, March 2026An overview of the statutes, legal standards, and necessary language to include in orders to restrict parental responsibilities from the perspective of a sitting judge.
Results of the 2026 ISBA High School Mock Trial InvitationalLaw-Related Education for the Public, April 2026The ISBA High School Mock Trial Invitational successfully occurred on March 14-March 15, 2026, at Lincoln Land Community College in Springfield. See the results!
A Retainer Reminder and RefresherBy Michael J. MaslankaLaw Office Management and Economics, Standing Committee on, January 2026At the outset of any engagement, attorneys must be precise about the nature of the fee arrangement being offered to the client. This article underscores the importance of compliance for every stage of the attorney-client relationship, including the initial retainer phase.
Rethinking StrategyBy Hon. Robert McIntireCriminal Justice, September 2026As a result of a recent Second District Appellate Court case, the State now gets only one bite at the apple when the facts satisfy the criteria for issue preclusion. If, after an interest-of-justice severance required by Edwards, the State fails to meet its burden on a fact essential to both prosecutions, issue preclusion will bar the second prosecution, laying to rest the Poole court’s concern about a second trial.
Rethinking Voluntary Termination of Parental Rights in Illinois: A Call for Reform to Reflect Modern Family RealitiesBy Mollie PeskindChild Law, May 2026As the law currently stands, Illinois courts cannot terminate a parent’s rights, whether voluntarily or involuntarily, unless there is an adoptive parent prepared to assume the legal and financial responsibilities for the child under the Illinois Adoption Act, or the child is adjudicated a ward of the state pursuant to the Juvenile Court Act. These two pathways, while well-intentioned, fail to account for situations in which a parent is clearly unfit under existing statutory standards, yet no suitable adoptive placement exists, and the circumstances do not warrant state intervention through a wardship proceeding.
Revamping the Procedure for Illinois Tax DeedsBy Cullen ManningMineral Law, September 2026This year, Illinois passed sweeping reform of tax deed law. Illinois H.B. 4537 was signed into law in July and provides for new procedures that counties have to follow when issuing tax deeds. The bill was passed in response to the U.S. Supreme Court’s ruling in Tyler v. Hennepin Cnty. and was prompted by the concern that taxpayers are unjustly losing equity in real estate through tax sales and deeds.
Reverse Mortgages, Medicaid, and Help to Remain in Your HomeBy Leonard F. BergReal Estate Law, June 2026An inquiry on the ISBA Central discussion group for Trusts and Estates asked whether a reverse mortgage would disqualify a person from receiving Medicaid benefits. The simple response is that Medicaid disqualification is not automatic; however, the larger issue is identifying resources to help a client to remain in their home.
Reverse Mortgages, Medicaid, and Help To Remain in Your HomeBy Leonard F. BergElder Law, March 2026An inquiry on the ISBA Central discussion group for Trusts and Estates asked whether a reverse mortgage would disqualify a person from receiving Medicaid benefits. The simple response is that Medicaid disqualification is not automatic; however, the larger issue is identifying resources to help a client to remain in their home.
Reverse Mortgages, Medicaid, and Help To Remain in Your HomeBy Leonard F. BergTrusts and Estates, March 2026An inquiry on the ISBA Central discussion group for Trusts and Estates asked whether a reverse mortgage would disqualify a person from receiving Medicaid benefits. The simple response is that Medicaid disqualification is not automatic; however, the larger issue is identifying resources to help a client to remain in their home.
Review of Diversity, Equity, and Inclusion (DEI) in Public SchoolsBy Madonna T. LechnerLaw-Related Education for the Public, October 2026On February 14, 2025, the U.S. Department of Education, Office for Civil Rights, issued a Dear Colleague letter to federally funded schools, colleges, and universities. The letter directed those entities to discontinue efforts to achieve racial diversity, equity, and inclusion (DEI).
Revisiting Supreme Court Rule 274: When to Reconsider Filing That Motion to ReconsiderBy Annette FernholzFamily Law, September 2026A trial court’s ruling is supposed to bring a conclusion to the parties’ litigation. Then comes a flurry of post-trial motions. When does the litigation end? Creating a termination of post judgment litigation was the purpose behind the adoption of Supreme Court Rule 274 in 2005. Succinctly put, Rule 274 limits successive post judgment motions and permits each party one post-trial motion directed at a judgment with strict deadlines for filing.
“Rewilding” in Illinois: 20 ILCS 805/805-135By William J. AnayaReal Estate Law, April 2026Learn more about "rewilding," P.A. 104-62; effective January 1, 2026, a new statute that seems largely symbolic rather than regulatory in its current form.
“Rewilding” in Illinois: 20 ILCS 805/805-135By William J. AnayaEnvironmental and Natural Resources Law, March 2026Learn more about "rewilding," P.A. 104-62; effective January 1, 2026, a new statute that seems largely symbolic rather than regulatory in its current form.
Risks of Lawyers Posting on Social Media Case-Related Information Before or During a Jury TrialBy Tim EatonCivil Practice and Procedure, August 2026In the case of Kroft v. Viper Trans, Inc., Cindy Kroft was injured after being rear-ended by a tractor trailer. She sued the driver of the tractor trailer, his company, and another company that leased the trailer. There were two jury trials in this case. The lesson to be learned is lawyers should not post anything on social media relating to their client’s impending trial, or during a trial, where it may be viewed as trying to influence the jury.
Robots in Robes? Introducing the AAA’s “AI Arbitrator”By William TaschLaw Office Management and Economics, Standing Committee on, March 2026The American Arbitration Association is exploring AI in alternative dispute resolution with its new "AI Arbitrator." AI arbitration just may address some challenges for certain categories of disputes, even if significant questions about the approach remain unresolved.
Rule 402A: Is It “Mandatory”?By Robin ShawCriminal Justice, September 2026On its face, Rule 402A appears to fit comfortably within both exceptions to the directory presumption. First, the rule contains negative language which expressly restricts the court’s authority to proceed past a specified point without substantially complying with its requirements. Second, a nonmandatory reading would be generally injurious because the rule was designed to ensure that admissions in revocation proceedings are made knowingly and understandingly. If courts were not required to follow Rule 402A in every instance, every defendant in every revocation proceeding would face a probability of injustice.
The Rule of LawBy Kathryn EisenhartHuman and Civil Rights, September 2026As lawyers, we know that our role in society is to defend the Rule of Law. We carry the Rule of Law on our shoulders. To challenge or defeat the Rule of Law the challengers must first “kill all the lawyers.”
The “Rule of Law” and “Best Interests of the Child” Are Kissing CousinsBy Bob DownsHuman and Civil Rights, October 2026In Family Law, the phrase “all we care about is the best interest of the child” is commonly professed by everybody involved, parents, lawyers, etc. While everybody proclaims that standard, it largely meant nothing. So too, the “Rule of Law.”
