ADLaw News Express

March 9, 2005 

Issue #6

In this issue:

1. APA Amendments Adopted by ABA
2. Stellar Lineup to Address First Institute
3. ACUS Update
4. March (Administrative Law) Madness
5. New Books from the AdLaw Section  

From the Section Chair....           

In this issue of the Express, I most want to call attention to the passage of the Section's resolution by the ABA House of Delegates to amend the APA's adjudication provisions, and especially thank Section leaders Michael Asimow, Ann Young, Ron Smith, Judy Kaleta, Tom Susman for their efforts in achieving this success. Our many friends in the administrative judiciary deserve our thanks as well for their help, along with others too numerous to name.

Please consider attending our first Administrative Law and Regulatory Practice Institute. And also take note of the four lunch programs coming up in the last two weeks of March. We would love to warmly welcome you at one or more of these events.

Randolph May
Section Chair

 

 

APA Amendments Adopted by ABA
"Resolved, That the American Bar Association urges Congress to amend and modernize the Adjudication Provisions of the Administrative Procedure Act and to expand certain fundamental hearing provisions of that Act by enacting legislation consistent with the draft bill entitled "Federal Administrative Adjudication in the 21st Century," dated February 2005."

At its Midyear Meeting in Salt Lake City, the ABA House of Delegates approved without opposition the Section's resolution urging that Congress adopt fundamental revisions to the adjudication sections of the Administrative Procedure Act. Most significantly, the resolution calls for Congress to bring under the APA many types of adjudication for which evidentiary hearings are required by statute but which presently are not subject to the act's procedural protections. This would mean that in these proceedings protections such as separation of functions, the right to notice and an impartial and independent decisionmaker, and prohibitions on ex parte contacts would apply.

The resolution also proposes various other changes in the APA, such as clarifying the definitions of “rule” and “adjudication”.  Click here to read the the background report supporting the resolution.


Stellar Lineup to Address First Annual Administrative Law and Regulatory Practice Institute

Richard J. Pierce, Jr., Lyle T. Alverson Professor of Law at George Washington University Law School and author of the leading and widely-acclaimed Administrative Law Treatise, will be a key faculty member. The Honorable Pat Wood, III, Chairman of the Federal Energy Regulatory Commission, will deliver a keynote luncheon address. The key participants in the landmark State Farm case that reached the Supreme Court will gather together again to present a “live” case study.  All this and many more outstanding instructors and speakers at the Sections’ First Annual Administrative Law and Regulatory Practice Institute.

This year's Institute, entitled "Making Agency Law Through Rulemaking," will be held April 7th and 8th at the Renaissance Hotel in Washington, D.C.  The complete program details are online at www.abanet.org/adminlaw/institute/home.html


ACUS Update

“My boss is absolutely committed to helping ACUS secure funding to get up and running again.”  So said Joe Hunter, Chief of Staff to Congressman Chris Cannon, addressing members of the Administrative Law Section Council during the ABA's recent meeting in Salt Lake City. Rep. Cannon is chairman of House Judiciary Committee's Subcommittee on Commercial and Administrative Law. Mr. Hunter briefed the Council on the Rep. Cannon's plans to now secure appropriations for the Administrative Conference of the United States after Cannon led the effort to pass legislation in the last congressional session to reauthorize the agency.   

Various Section leaders are meeting with key congressional officials to try to persuade Congress to appropriate funds for ACUS this year.


March (Administrative Law) Madness

Program descriptions and registration information can be found at each program link.

March 15 – Tax Changes Making Employment Litigation Cheaper and More Costly

March 16 – Sharing Terrorism Information in The New “Information Sharing Environment”

March 18 – What is the World Customs Organization?

March 30 – Civil Liberties in the Post 9/11 Era 


 New Books from the AdLaw Section

A Guide to Judicial and Political Review of Federal Agencies

The Complete Guide to Federal Law Governing Lawyers and Lobbyists

                  

Global Administrative Law:  National and International Accountability Mechanisms for Global Regulatory Governance

April 22 and 23, 2005

Convened by New York University's Institute for International Law and Justice and the NYU Center on Environmental and Land Use Law

Co-sponsored by the Administrative Law Section

Admission is free.


Save the Dates

April 29 - May 1
Westin Savannah Harbor Resort, Savannah, Georgia

Annual Meeting
August 5-7
The Fairmont Hotel
Chicago, Illinois

Book Clearance Sale

 The Cost-Benefit State  $69.95 now $19.95

Guide to Medicare Coverage Decision-Making and Appeals  $69.95  now $29.95

 Federal ADR Deskbook  $109.95  now $39.95

Visit www.ababooks.org to purchase these titles.

 


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