Administrative Law Section Annual Meeting

1:00 pm - 2:30 pm
Ethics for Environmental Practitioner's
[EPA Region 5 Office, 12^th Flr, 77 West Jackson Street, Chicago]
This program will focus on ethical issues often encountered by environmental law practitioners. Attendees will be engaged in case studies and follow-up discussions. Panelists come from U.S. Department of Justice, private practice, and academia.

Panelists:
Cynthia Drew, Professor, Univ. of Miami School of Law
Lucian T. Pera, Armstrong Allen, Memphis, TN
Mary F. Andreoni, Administrative Counsel, Illinois Registration and Disciplinary Commission
Nola M. Hicks, Associate Regional Counsel and Deputy Ethics Official, EPA Region 5, Chicago, IL

1:30 pm - 3:30 pm
Judicial Security in the Post 9/11 Environment
[Scottsdale, 5^th Floor, Chicago Marriott Downtown]
Updates the experience of judges and agencies since September 11. Recent development in the threat assessment and security precautions and strategies will be discussed.
Primary Sponsor: National Conference of the Administrative Law Judiciary

Panelists:
The Honorable Marvin E. Aspen, Chicago, IL
The Honorable Mark A. Brown, St. Louis, MO
The Honorable Thomas W. Snook, Miami, FL
The Honorable Wendell C. Shingler, Washington, DC

2:00 pm - 3:30 pm
Criminal Penalties for Regulatory Crimes
[Hyatt Regency/Presidential CLE Center]
This program will explore why the criminal law intent elements for crimes that entail a violation of regulatory regimes tend to be very low. How are decisions related to formal charges made, especially when the intent standards are on the lower end of the spectrum? Is there any validity to the fear of some small businesses that the government targets smaller entities with little resources to defend in order to beef up enforcement statistics? Case studies will include the Department of Justice Public Integrity Section, which investigates and prosecutes campaign finance violations under a knowing and willful standard, as well as other high-profile cases where the Government has an interest in bringing for deterrence purposes.

Panelists:
Professor John Baker, Louisiana State University, Baton Rouge, LA
David Frulla, Collier Shannon, Washington, DC
Noel Hillman, U.S. Department of Justice Public Integrity Section, Washington, DC
William B. Lytton, Tyco International (US) Inc., Princeton, NJ

Moderator: The Honorable Edwin Meese, III, Former U.S. Attorney General, Washington, DC

3:45 pm - 5:15 pm
The Lawyer's Role in Disaster & Homeland Security Planning and Execution
[Room Location TBA, Hyatt Regency Chicago/Presidential CLE Center]
9/11, Tsunami, Terrorism Threats, Hurricanes and other crises confront our clients as they plan for potential problems ahead. What can we as lawyers do to contribute to effective plans and swift implementation of mitigation and countermeasures in the event of a disaster? Topics covered will be: Lessons of New York City's 9/11 Crisis & Incident Command; Business Continuity Obligations under Sarbanes-Oxley; Intergovernmental Coordination & Legal Issues; Department of Homeland Security Interaction with Private Sector Legal Community; and Privacy and Information Law Disclosure Controversies.
Co-sponsor: Section of State and Local Government Law

Panelists:
Ernest Abbott, Washington, DC
James Gerkis, Proskauer Rose, New York, NY
Otto Hetzel, Wayne State University School of Law, Washington, DC
Prof. Jim O'Reilly, University of Cincinnati School of Law, Cincinnati, OH
Joe Whitley, U.S. Department of Homeland Security, Washington, DC
Lai Sun Ye, New York, NY

Co-Moderators:
Christine Monte, Feitlin, Youngman, Karas & Youngman, L.L.C., Fair Lawn, NJ
Lynne Zusman, Lynne K. Zusman and Associates, PC, Washington, DC

3:45 pm - 5:15 pm
Federalism Issues and the Regulatory Treatment of Emerging Communication Technologies
[Hyatt Regency Chicago/Presidential CLE Center]
This program will focus on the division of responsibility between state and federal legislatures, agencies, and courts in creating and interpreting the laws and regulations that govern emerging technologies such as VoIP and IP-video. Panelists will include representative from major telecommunications carriers, cable providers, regulatory bodies, and local governments. They will identify emerging trends in Congress, the FCC, and the courts, and discuss the potential impact of recent decisions (including Brand X).

Co-sponsor: Section on Public Utilities, Transportation and Communications Law and The Forum Committee on Communications Law

Paul Afonso, Chairman, Massachusetts Department of Telecommunications and Energy
Jim Lamoureux, Senior Counsel, SBC Communications, Inc., Washington, DC
Thomas R. Nathan, Senior Vice President and Deputy General Counsel, Comcast Communications LLC, Philadelphia, PA
Norma I. Reyes, Commissioner, Department of Consumer Services, Chicago, IL
Russell Hanser, Acting Legal Advisor for Wireline Competition Issues, Federal Communications Commission, Washington, DC

Moderator:
Randolph J. May, Senior Fellow and Director of Communications Policy, The Progress and Freedom Foundation, Washington, DC

3:45 pm - 5:30 pm
Federal ADR & Confidentiality
[Hyatt Regency/Presidential CLE Center]
The Government ADR Confidentiality Committee recently published a comprehensive Guide advising neutrals, parties, and attorneys on good practice in handling sensitive dispute resolution communications. In this panel, key Committee members will discuss a variety of practical issues, beginning with case intake and continuing through resolution and evaluation. They will offer advice on drafting confidentiality provisions, participating in negotiations, and dealing with client expectations in federal ADR.
Primary Sponsor: Dispute Resolution Section
Co-Sponsors: Section of Administrative Law & Regulatory Practice and Public Contract Law Section

Panelists:
Frank Carr, Carr, Swanson & Randolph
Deborah Kant, U.S. Department of Justice, Washington, DC
Charles Pou, Jr., Charles Pou Dispute Resolution Services, Washington, DC

6:30 pm - 9:30 pm
Section Reception and Dinner
with Guest Speaker Professor Richard A. Epstein,
University of Chicago Law School

"Raich and Kelo: How The Supreme Court Lost Its Way--And With It The Repsect Of The Common Man"

Richard A. Epstein is the James Parker Hall Distinguished Service Professor of Law at the University of Chicago, where he has taught since 1972. He has also been the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution since 2000. He has been a member of the American Academy of Arts and Sciences since 1985 and a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Medical School, also since 1983.

He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001, At present he is a director of the John M. Olin Program in Law and Economics.

His books include Skepticism and Freedom: A Modern Case for Classical Liberalism ; Cases and Materials on Torts; Torts; Principles for a Free Society: Reconciling Individual Liberty with the Common Good: Mortal Peril: Our Inalienable Rights to Health Care; Simple Rules for a Complex World; Bargaining With the State; Forbidden Grounds: The Case Against Employment Discrimination Laws; Takings: Private Property and the Power of Eminent Domain; and Modern Products Liability Law. He has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in civil procedure, communications, constitutional law, contracts, corporations, criminal law, health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.

At the Dinner we will induct Professor Victor Rosenblum, Professor Cynthia Farina, Professor Bill Funk, and practitioner Lynne Zusman as Fellows of the American Bar Association Administrative Law Section.

Location: University Club of Chicago
76 East Monroe Street
The University Club of Chicago is one of the finest clubs in the city. Founded in 1987, its members today are comprised over nearly 3,000 men and women representing all professions. The Clubhouse was the nation’s first gothic skyscraper designed for function and beauty. In addition to their private dining areas, the Club includes sleeping rooms, four restaurants, a library, art gallery, swimming pool and fitness center.

Saturday, August 6, 2005

8:00 am - 9:00 am
Executive Committee Meeting
[Fairmont Chicago]

8:00 am - 9:00 am
Section Breakfast
[Fairmont Chicago]

9:00 am - 10:30 am
Careers in National Security Law
[Chicago Marriott Hotel]
Since September 11, 2001, this nation's national security has become a more visible challenge. Lawyers have been rising to meet this challenge, and new career opportunities in the field of national security open daily for lawyers. Whether in the FBI, CIA, uniformed military service or on Capitol Hill, "Careers in National Security Law" will help members understand how lawyers fit into the War on Terror, and what opportunities may be available for them now or in the future.
Primary Sponsors: Standing Committee on Law and National Security and the Law Student Division

Panelists:
Stewart A. Baker, partner, Steptoe & Johnson, and Chair, Committee on Law and National Security and former General Counsel, National Security Agency
Eugene Bowman, Deputy General Counsel for National Security Affairs, Federal Bureau of Investigation *
James Durant, Lt Colonel United States Air Force *
John Cooke, Director, Judicial Education Division, Federal Judicial Center and former Chief Judge, US Army Court of Criminal Appeals *
Wyndee Parker, Counsel, House Permanent Select Committee on Intelligence
Suzanne E. Spaulding, The Harbour Group, and former Staff Director, House Permanent Select Committee on Intelligence and former Director, National Commission on Terrorism *
Elizabeth Parker, Dean, University of the Pacific McGeorge School of Law and former General Counsel, Central Intelligence Agency and former General Counsel, National Security Agency
Rajesh De, Counsel, Special Bipartisan Staff, Senate Committee on Homeland Security and Governmental Affairs
Richard Friedman, President and Chair, The National Strategy Forum
(*confirmation pending)

Moderator: Rodney Bullard, US Air Force JAG Corps.

9:00 am - Noon
Section Council Meeting
[Fairmont Chicago]

Noon - 1:30 pm
Publications Committee Meeting
[Fairmont Chicago]

Noon - 2:00 pm
The CEELI Award Luncheon
[Hyatt Regency Chicago]
The ABA's Central European and Eurasian Law Initiative (CEELI) will present will celebrate 15 years of promoting legal reform and the thousands of legal professionals who have contributed their pro bono time and effort. CEELI will honor Justice Viktor Kryvenko of the Ukrainian Supreme Court for the key role that he played in resolving his country's fraudulent presidential elections of 2004 through the "Orange Revolution." CEELI will also present the CEELI Volunteer's Award to former ABA President and CEELI co-founder Talbot "Sandy" D'Alemberte, for his many years of dedicated service to the cause of international legal reform.

1:30 pm - 2:00 pm
Membership Committee Meeting
[Fairmont Chicago]

1:30 pm - 3:00 pm
When Local Government Makes Land Use and Environmental Decisions: Due Process or Political Smackdown?
[Fairmont Chicago]
When local government decides issues relating to land use planning or environmental regulation, the decision making process is intensely political. Elected officials such as city councils are often responsible for the ultimate decision, yet such decision makers have little time or expertise. The various players make political contributions to decision makers, organize media campaigns, and pack the hearing room with supporters. Yet due process norms often apply as well, guaranteeing notice to stakeholders, a fair hearing, and impartial decision makers. Local government finds it difficult to reconcile due process and politics in this volatile atmosphere. This program explores the issues of law, politics, and ethics that arise when local government must make land use and environmental decisions.
Co-sponsors: Section of State and Local Government Law and National Conference of the Administrative Judiciary; Standing Committee on Environmental Law

Panelists:
Michael Asimow, UCLA School of Law, Los Angeles, CA
Claire Manning, Former Chair, Illinois Pollution Control Board, Springfield, IL
Dwight H. Merriam, Robinson & Cole LLP, Hartford, CT

Moderator: Hon. Edward Schoenbaum, Illinois Department of Employment Security, Springfield, IL

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2:00 pm - 3:30 pm
Dancing in the Dark: Civil and Administrative Proceedings as Tools in Criminal Investigation
[Presidential CLE Center/Hyatt Regency Chicago]
Civil and administrative proceedings are attractive tools for prosecutors because they offer even fewer procedural protections to the subjects and targets of the investigation and allow the government to withhold or obscure important information concerning the potential criminal investigation, while providers and their counsel may be more open in their response to civil and administrative investigations. While parallel civil and criminal proceedings have long been a recognized part of the investigative landscape, increasingly providers and their counsel are finding that civil litigation, such as False Claims Act suits, and administrative proceedings, such as suspension proceedings, are laying the foundation for subsequent criminal investigations and prosecutions, both of providers and individual personnel. This panel will explore the issues and risks facing providers and their counsel when confronted by civil and/or administrative proceedings that may (or may not!) be part of an underlying criminal investigation. Specific topics to be addressed: The interrelationship between civil and administrative proceedings and criminal investigations; assessing whether there is a criminal investigation behind a civil and/or administrative proceeding; representing a company in a civil/administrative proceeding while protecting its interests in the criminal proceeding; and cooperation and waiver issues.
Primary Sponsor: Health Law Section

Panelists:
Arthur DiDio, Washington, D.C.
David L. Douglass, Washington, D.C.
Maurice Suh, Los Angeles, California
AUSA Wendy Weiss, Los Angeles, California
AUSA Roger Wenthe, Las Vegas, Nevada

2:00 pm - 3:30 pm
Continuing the Dialogue: Congress and the Judiciary
[Presidential CLE Center/Hyatt Regency Chicago]
This program is a follow up on the successful Midyear Meeting program entitled "Time for a Dialogue Between Congress and the Judiciary" that featured Senator Orrin Hatch (R-Utah), Honorable Deanell Tacha, Chief Judge United States Court of Appeals for the 10th Circuit, Chair Judicial Conference Committee on the Judicial Branch, President, American Inns of Court, Honorable Ricardo H. Hinojosa, United States District Court for the Southern District of Texas, Chair, United States Sentencing Commission, Honorable Berle Schiller, United States District Court for the Eastern District of Pennsylvania and Chair of the NCFTJ Congressional Relations Committee, and Dean Rodney Smolla, University of Richmond Law School. This program will continue to explore ways to enhance collegiality between Congress and the Judiciary, and the possibility of re-instituting the Williamsburg conferences. The program will feature a high-ranking member of the Judiciary and the Congress.
Primary Sponsor: National Conference of Federal Trial Judges and the Standing Committee on Federal Judicial Improvements

2:00 pm - 3:30 pm
How Federal Bank Regulators Look at Outsourcing Arrangements
[Presidential CLE Center/Hyatt Regency Chicago]
As financial institutions look to third parties to perform routine tasks and offer products and services, the federal regulators are looking at the arrangements with these third parties. Questions about the contractual terms, the required due diligence, and security of data and documents are all being asked. Examinations in this area have become very stringent. This session looks at all aspects of the regulatory review of outsourcing by financial institutions. Panelists include representatives from the Office of Thrift Supervision, Office of the Comptroller of the Currency, and private practice.

Moderator: Charlotte Bahin, America's Community Bankers, Washington, DC

5:30 pm
ABA Annual Meeting Opening Assembly
Symphony Hall

7:00 pm - 10:00 pm
ABA Presidential Reception
The Field Museum - Ticketed Event

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Sunday, August 7, 2005