CBA Record March-April 2026

EDITORIAL BOARD EDITOR-IN-CHIEF Nikki Marcotte Kirkland & Ellis LLP ASSOCIATE EDITOR Anne Ellis 2E Services, LLC SUMMARY JUDGMENTS EDITOR Daniel A. Cotter Aronberg Goldgehn YLS JOURNAL EDITORS J. Kopczyk Attorney at Law CBA RECORD

EDITOR’S BRIEFCASE

BY NIKKI MARCOTTE, EDITOR-IN-CHIEF

Condemned to Repeat History? Lessons in Fundamental Rights

G rowing up, I was fortunate to have several incredible teachers despite attending a very small public school in rural Kansas. I learned much of what I know about the foundations of our legal system, our constitution, and our government in 7th grade, thanks to one such amazing educator with a passion for history and civics.

Katherine Hanson First District Appellate Court

Daniel J. Berkowitz Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet LLP Jacob B. Berger Tabet DiVito & Rothstein LLC Amy Cook Chicago Lawyers’ Committee for Civil Rights Anthony F. Fata Kirby McInerney LLP Clifford Gately Quarles & Brady Meredith A. Geller Northwestern Pritzker School of Law Judge Jasmine Villaflor Hernandez Circuit Court of Cook County Kaitlin King Hart David Carson LLP Theodore Kontopoulos Internal Revenue Service Kathryn C. Liss DePaul University College of Law Marissa Longoria Circuit Court of Cook County’s Clerk’s Office Clare McMahon Reed, Centracchio & Associates, LLC Pamela Sakowicz Menaker

Mr. Schlothauer had an infectious person ality and an uncanny ability to make even the most boring of history lessons seem fresh and exciting. He had a knack for telling an engaging story, weaving in quirky historical facts, and challenging his students to dig for the deeper meaning. While I still recall several random tidbits from his lectures (many of which have come in clutch for trivia nights), I remember one lesson as clear as day: Those who do not remember the past are condemned to repeat it. —George Santayana Mr. Schlothauer emblazoned these words in big bold black letters and laminated them onto a green construction paper banner, which he purposefully hung under the clock in his classroom, just to the right of the door. So, every day, when we walked into his class, this famous quote was always the first thing we’d see before taking our seats. It’s one he often pointed to and repeated throughout our civics lessons, particularly when discussing major current events and how those related to other similar historical events. At the time, I didn’t fully grasp what was so important about the quote or why Mr. Schlothauer felt the need to constantly reiterate it. I had some idea, of course, but I didn’t have the necessary lived experience to appreciate its impact. As I’ve gotten older and have witnessed more “unprecedented” or “once-in-a-life time” events, I understand his most important lesson with such clarity now: Those who ignore history’s critical teachings or who remain passive in the face of pivotal historical moments do so to their detriment and, quite possibly, to society’s detriment. In other words, we can’t just sit back and turn a blind eye to what’s happening. We (particularly legal professionals) are history’s living stewards, and we have an obligation to face it head on and collectively steer it toward a greater good. These days, as I see what’s unfolding here in Chicago or in Minneapolis or Portland, Mr. Schlothauer’s stern reminder is almost deafening. I often ask myself what we as a nation will do. Will we stand by and watch history happen, or will we help actively write it and mold it into something better? Will we ignore the plight of others or will we be at the forefront fiercely protecting and advocating for our rights and our communities?

Clifford Law Offices Kathleen Dillon Narko Northwestern Pritzker School of Law Alexander Passo Latimer LeVay Fyock LLC Trisha M. Rich Holland & Knight LLP Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins Buchalter Kevin A. Thompson Levin Ginsburg Rosemary Simota Thompson

Judge E. Kenneth Wright, Jr. Circuit Court of Cook County

THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing

4 March/April 2026