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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
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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.
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| 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
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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
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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
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- April 29 -
May 1
Westin Savannah Harbor Resort, Savannah, Georgia
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- Annual
Meeting
August 5-7
- The Fairmont Hotel
Chicago, Illinois
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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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