CLE Program Descriptions  

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Thursday, October 21st, 9:00am – 9:30am
Opening Keynote
The Honorable Deborah P. Majoras, Chair, Federal Trade Commission

Thursday, October 21st, 9:45am – 11:45am
The Value of Life in Regulation: Science or Policy?
(2 hrs CLE)

What is it worth to reduce a risk to human life or health? On this question may turn the fate of regulations affecting millions of people and costing billions of dollars. This panel brings together leading scholars and agency officials to explore four major issues: (1) Where do regulatory valuations of life and health come from? (2) How solid is their empirical and ethical basis? (3) Should these values continue to be regarded as purely technical parameters? (4) What are the implications of these questions for the administrative process?

Program Chair:
Richard W. Parker, Professor, University of Connecticut School of Law

Moderator:
Richard Revesz, Dean, New York University School of Law

Panelists:
Maureen Cropper, Professor of Economics, University of Maryland
Lisa Heinzerling, Professor, Georgetown University Law Center
Dr. Albert McGartland, Director, Office of Policy, Economics, and Innovation, US EPA
Dr. Ted R. Miller, Public Services Research Institute

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Thursday, October 21st, 9:45am – 11:45am
Homeland Security Two Years Later: Evaluating Predictions and Performance
(2 hrs CLE)

Before passing the Homeland Security Act in 2002, Congress debated a wide range of issues concerning generally whether the new department threatened civil liberties and whether it would improve the security of the United States. The debate did not end with the creation of the department. In this panel, observers and critics of the new agency will examine continuing controversies associated with the Department’s functions and will discuss developments in specific topics relevant to the Department’s mission, including immigration, infrastructure security, civil liberties, and border security.

Program Co-Chairs:
Jim O’Reilly, Adjunct Professor, University of Cincinnati School of Law
Lynne K. Zusman, Lynne K. Zusman and Associates, PC

Panelists:
Susan J. Court, Chief of Staff, Federal Energy Regulatory Commission
David G. Dickman, Of Counsel, Venable LLP
Viet Dinh, Former Assistant Attorney General, Professor, Georgetown Law Center
Francine Kerner, Chief Counsel, Transportation Security Administration
Anna Shavers, Professor, University of Nebraska School of Law
Joel Webber, Partner, Couri and Couri

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Thursday, October 21st, 9:45am – 11:45am
Administration and Independence: OPM, ALJs, and the APA
(2 hrs CLE)

The Office of Personnel Management is charged with administering an Administrative Law Judges program under the Administrative Procedure Act. The panel will discuss the duties of OPM in the certification of ALJ candidates, the creation and maintenance of the ALJ Register, hiring and administration of the ALJ system. The panel will also discuss proposals to improve administration of the system.

Program Chair:
Hon. Daniel F. Solomon, Administrative Law Judge, U.S. Department of Labor

Moderator: Hon. Gail Randall, Administrative Law Judge, Drug Enforcement Administration

Panelists:
Chad Bungard, Deputy Staff Director and Chief Counsel, Subcommittee on Civil Service, Government Reform Committee
John Miller, Chair, Committee for the Review of Recruitment of ALJs by OPM, ABA Section of Administrative Law and Regulatory Practice
Mark A. Robbins, General Counsel, Office of Personnel Management
Raymond Smetanka, Chief Counsel, Subcommittee on Commercial and Administrative Law, House Judiciary Committee
Hon. Ronnie A. Yoder, Chief Administrative Law Judge, US Department of Transportation

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Thursday, October 21st, 9:45am – 11:15am
Adjudication and Licensing in Interstate Compact Agencies: What's Different, What's Not?
(1.5 hrs CLE)

Interstate compact entities occupy a unique constitutional position as neither state nor federal entities, and this position often creates uncertainty as to the administrative procedures that the entities should apply. This panel will focus on this previously neglected area of law and will examine the procedures for adjudication and licensing in interstate compact agencies. Panelists will discuss the meager existing case law and literature on the subject, review existing compact provisions regulating adjudication and licensing procedures, and compare these provisions with those of the federal and the Model State Administrative Procedure Acts. This program is part of the Section’s project studying the administrative procedures of interstate compact entities.

Program Chair:
Jeffrey B. Litwak, Counsel, Columbia River Gorge Commission

Panelists:
Gearold L. Knowles, Partner, Schiff Hardin LLP
Christopher B. McNeil, Administrative Hearing Examiner, State of Ohio
Robert Alan Wake, Attorney, Maine Bureau of Insurance
John Hardin Young, Partner, Sandler, Reiff & Young, P.C., and Member, DELMARVA Advisory Council

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