"...the error of that penny-wise, pound foolish decision to sacrifice the Conference stands out today, when divisive and corrosive partisanship on issues of national concern cry out for the kind of independent, respected expert view that the Conference exemplified."

-  Bill Funk,
Section Chair (Letter to House Judiciary Committee)

Administrative Law Section Supports ACUS Reauthorization

In May, Section Chair Bill Funk sent a letter on behalf of the entire ABA to the House Judiciary Committee's Subcommittee on Commercial and Administrative Law in support of the reauthorization of the Administrative Conference of the United States (ACUS). The letter was acknowledged and referred to by the Subcommittee Chair during a May 20 hearing on the matter at which Justices Breyer and Scalia, both past Section members, testified. More recently, on June 24th former Chair C. Boyden Gray testified on behalf of the Section and the entire ABA supporting the reauthorization of ACUS. In addition, former Section Chair Phil Harter also testified in favor of ACUS, as did Section Member and former ACUS General Counsel, Gary Edles

Read the Section's ACUS letter.

Click here to visit the House Judiciary Committee webpage where you can read the testimony of Former Section Chairs C. Boyden Gray and Phillip Harter and other witnesses on June 24, as well as read the testimony or watch a webcast of Justices Scalia and Breyer at the May 20 hearing.

AdminLaw Supports Use of Civil Money Penalties

After reaching consensus with the Business Law Section and Litigation Section, the following resolution was submitted for House of Delegates consideration at the August meeting:

"BE IT RESOLVED, that the American Bar Association: (1) generally encourages the use of administratively imposed civil money penalties against regulated persons and entities as one part of an administrative enforcement program that includes civil or criminal sanctions; and (2) recommends that, in cases involving any significant administratively imposed civil money penalties, the opportunity for a formal adjudication pursuant to the Administrative Procedure Act’s provisions, 5 U.S.C. 554, 556-558, be available to parties; but (3) that the foregoing position relating to the use of administratively imposed civil money penalties does not preclude, and is not inconsistent with, American Bar Association opposition to those portions of H.R. 2179 and S. 476 (108^th Congress) that would extend the Securities and Exchange Commission's administrative penalty authority to non-regulated entities."

More Comments on OMB Peer Review

On May 28, Section Chair Bill Funk submitted comments on behalf of the Section to the Office of Information and Regulatory Affairs in the Office of Management and Budget in response to OMB's revised Information Quality Bulletin on Peer Review, in particular commenting on OMB's proposed extension of peer review to certain types of adjudications. Click here to read the comments.

New Book Release!

Blackletter Statement of Federal Administrative Law

The Blackletter Statement distills more than half a century of federal administrative case law into 75 pages!

The plain language reference tool is a MUST HAVE for lawyers who practice before government agencies, and for lawyers within government agencies.

Order your copy of the book for just $9.95 plus $3.00 for shipping and handling. Bulk orders of 10 or more copies are just $7 each, with shipping based on weight of the order.

Quantities are limited. Order now! Contact the Adminlaw Section at: knightk@staff.abanet.org

ABA/Administrative Law Section Annual Meeting  
August 6-8, 2004
Westin Peachtree Plaza 
Atlanta, GA

2004
Administrative Law Conference
October 21-22, 2004  Washington D.C. Convention Center