What I'm doing now

Besides my active law practice, I’ve spent the past two years immersing myself in scholarship about Lincoln’s law practice. My research culminated in my article, The Ascent of Lawyer Lincoln: How the Practice of Law Created America’s Greatest President, published in the Journal of the American Academy of Matrimonial Lawyers. This past weekend I took my five grandsons to Springfield to pay homage to the great man. I took my first trip there when I was seven. The Lincoln virus infected me nearly sixty years ago. Last February I attended his birthday party sponsored by the Abraham Lincoln Association in Springfield. There were lectures and a banquet with a Civil War-era color guard. I know I’m a bit of a dork (or so my daughters observe), but it was very emotional. Now more than ever, we can use some of his wisdom!

My current big project is another journal article on the history of Illinois family law. This article derives from preparation for my advanced domestic relations class at Northern Illinois University Law School. While preparing my class outline, I went down a rabbit hole on the origins of Illinois family law, going back beyond the state’s incorporation in 1819. Much has changed since then, but much remains the same. People are still fighting over children and treasure. What’s different is that one no longer needs to prove fault as a prerequisite to divorcing.

Now, at least here in Illinois, fault has been legislated out of existence. We no longer have grounds for a divorce, only “irreconcilable differences,” and the court cannot consider fault or character in deciding issues of maintenance and property division.

While I understand why our legislature did away with fault considerations, sometimes I question whether courts should be able to consider bad conduct in dividing the pie. Selfishly, as a trial lawyer, it would provide more storytelling opportunities in the courtroom.

One interesting side note I discovered in my research: divorce was initially only available by legislative decree. Can you imagine that? If you wanted a divorce in the early 1800s, you needed to have the legislature approve it. What a headache that must have been!

The history bug has definitely bitten me this summer. I’ve been reading this great book by Richard Cohen called Making History: The Storytellers Who Shaped the Past. The book is an epic survey of the great historians, and it is both informative and very entertaining. At the same time, I’m reading Ron Chernow’s new biography of Mark Twain. I’m starting Dumas’s The Three Musketeers in connection with my Hardcore Literature book club tonight. One of the ways I stay sane in the present political climate is to escape into history.

In September, Sue and I are taking an exciting road trip to Independence, Missouri, to visit the Truman Presidential Library. When I spoke to the Missouri Bar Association last year, they gifted me a signed copy of David McCullough’s biography of President Truman. I’ll be reading it just in time for the visit, and I’m excited to explore the museum and learn more about a president I admittedly know very little about. A few years ago, we toured the Nixon museum, and I learned a ton about President Nixon. Despite his character flaws, he did some great things for our country. I’m already looking forward to the opening of the Obama Presidential Library next year.

Other than that, we’re having a great summer. I have a new hobby: sitting in the pool drinking beer. Sue tells me that's not really a hobby, but I disagree; it beats stamp collecting. I should invite Justice Kavanaugh over. “Hey Brett, the water's warm and the beer is cold.” But I’m guessing he’s busy this summer.

Well, that’s about it for now. Let me know what you’re up to.