Administrative
Law Conference
November 7‐8, 2013
Georgetown University Hotel & Conference Center | Washington, DC
Platinum Sponsors
ABA Co-Sponsors: Commission on Immigration, Government & Public Sector Lawyers
Division, Section of Environment, Energy and Resources, Section of International Law
Program Chairs:
Carol Ann Siciliano | Russell Frye
SecƟon Chair: Joe D. Whitley Schedule at a Glance
THURSDAY, NOVEMBER 7, 2013
TIME
7:30am—
9:00am
9:00am—
10:30am
9:00am—
10:30am
9:00am—
10:30am
10:30am—
10:45am
10:45am—
12:15pm
10:45am—
12:15pm
12:15pm—
1:45pm
1:45pm—
3:15pm
1:45pm—
3:15pm
1:45pm—
3:15pm
3:15pm—
3:30pm
3:30pm—
5:00pm
3:30pm—
5:00pm
SESSION
ROOM
Registration & Continental Breakfast
South Gallery
Democracy and Statutory Interpretation: New Empirical Work and
Positive Theory
Ballroom HC
Rulemaking 101
Ballroom DEF
The Globalization of Administrative Law: Regulatory Cooperation in the
US—EU Transatlantic Trade and Investment Partnership and Beyond
Break
Ballroom GB
South Gallery
The White House Role in the Agency Rulemaking Process
Ballroom HC
Ethical Quandaries for Public Lawyers
Ballroom GB
Lunch Break
South Gallery
The Democratic Potential and Possible Pitfalls of Social Media & the
Administrative State
The George Washington Law Review's Annual Review of Administrative
Law
Speak No Evil: Changing Controls on Commercial Speech by Federal
Enforcement Agencies
Ballroom GB
Ballroom HC
Ballroom DEF
Break
South Gallery
What Technology Can Do for Rulemaking
Ballroom HC
After Sequestration: Getting the Job Done with a Slashed Budget (and
Pitfalls to Avoid)
Ballroom GB
FRIDAY, NOVEMBER 8, 2013
TIME
7:30am—
8:50am
8:50am—
9:00am
9:00am—
10:45am
10:45am—
11:00am
11:00am—
12:45pm
12:45pm—
2:15pm
2:30pm—
4:00pm
2:30pm—
4:00pm
5:45pm—
9:30pm
SESSION
ROOM
Registration & Continental Breakfast
South Gallery
Welcome and Introductions
Ballroom GHB
Developments in Administrative Law, Part 1
Ballroom GHB
Networking Break
South Gallery
Developments in Administrative Law, Part 2
Ballroom GHB
Awards Luncheon & Presentations
Ballroom GHB
The Year in Government Information: NSA Surveillance, Bin Laden
Photos, White House Logs and More
Ballroom GHB
Rulemaking in Comparative Perspective
Ballroom DEF
Annual Section Dinner, National Elite Yacht
Diamond Teague
Dock
1
Message from the Chair
Gree ngs! I am pleased to welcome you to Administra ve Law Confer‐
ence.
We would like to thank you for a ending this two‐day conference on
Administra ve Law. By joining us for this year's program you have
made a prudent choice to be part of the premiere program for lawyers
who prac ce in the area of administra ve law. If you are not already a
member of the Sec on, I would like to encourage you to consider join‐
ing today. Please stop by the Registra on Desk any me during the con‐
ference and our staff will be glad to assist you with a membership.
Conference Chairs, Carol Ann Siciliano and Russell Frye, have assembled a remarkable faculty who will be
providing you with their insights on a variety of cu ng edge topics to more tradi onal administra ve law
ma ers. In short there is something at the Conference for everyone. For example, it would be difficult to
envision a melier topic than, “A er Sequestra on: Ge ng the Job Done with a Slashed Budget (and
pi alls to avoid).”
I would like to extend a special thanks to American University Washington College of Law and the George
Washington University Law School for their generous support as Pla num Sponsors of the Administra ve
Law Conference.
On behalf of the Sec on, I would also like to acknowledge with apprecia on the assistance of the Editorial
Board and staff of the AdministraƟve Law Review, led by Editor in Chief Sara Lacy, and Faculty Board Chair
Professor Andrew F. Popper. In addi on to producing quarterly the Administra ve Law Review, our Wash‐
ington College of Law volunteers have helped to make this conference more enjoyable for our
a endees. Please take a moment or two today and tomorrow to meet with them and thank these law stu‐
dents for their service the Sec on and the Conference.
Thank you, as well, for a ending this event. We believe the program will be beneficial to you and we wel‐
come your feedback. A survey form has been provided in your registra on packet of informa on for your
convenience. Please fill out and return the survey form to us at the conference.
Lastly, please mark your calendars for the Fall Administra ve Law Conference in 2014 and 2015. We will be
hos ng the Fall Conference at the Walter E. Washington Conven on Center on December 11‐12, 2014 and
on October 29‐30, 2015. Registra on for 2014 will begin soon. We look forward to seeing you there.
With best regards,
Joe D. Whitley
Sec on Chair
2
PROGRAM FACULTY
Joe D. Whitley, Section Chair
Chair, Atlanta White Collar Practice;
DC Shareholder, Greenberg Traurig
LLP, Atlanta, GA and Washington, DC
Former and first General Counsel, U.S.
Department of Homeland Security
(DHS); former U.S. Attorney for the
Northern (Macon) and Middle (Atlanta)
Districts of Georgia, U.S. Department of
Justice (DOJ)
Russell Frye, Program Chair
Principal, FryeLaw PLLC, Washington,
DC
Bryant Crowe
Analyst, U.S. EPA Office of Environmental Information (OEI), eRulemaking
Program Management Office, Washington, DC
Brett Jortland
Deputy Assistant General Counsel for
Regulation and Enforcement, U.S. Department of Transportation (DOT),
Washington, DC
Neil Eisner
Former Assistant General Counsel for
Regulation and Enforcement, U.S.
Department of Transportation (DOT),
Washington, DC
Judy Kaleta
Assistant General Counsel, Office of the
General Counsel, U.S. Department of
Transportation (DOT), Washington, DC
Mariano-Florentino Cuellar
Stanley Morrison Professor of Law,
Stanford Law School, Stanford, CA
Carol Ann Siciliano, Program Chair
Associate General Counsel, U.S. Environmental Protection Agency (EPA),
Washington, DC
Andrew Emery
President, The Regulatory Group,
Arlington, VA
Carlos F. Acosta
Inspector General, Prince George's
County Police Department, Palmer Park,
MD
William Eskridge
John A. Garver Professor of Jurisprudence, Yale Law School, New Haven,
CT
Alissa M. Ardito
Attorney-Advisor, U.S. Department of
Housing and Urban Development (HUD),
Washington, DC
Cynthia Farina
McRoberts Professor of Research in the
Administration of the Law; Cornell eRulemaking Initiative (CeRI) Principal Researcher, Cornell Law School, Ithaca,
NY
Bernard W. Bell
Professor of Law, Rutgers School of
Law, Newark, NJ
Phyllis Bernard
Professor of Law, Oklahoma City University School of Law, Oklahoma City, OK
Emily Bremer
Attorney-Advisor, Administrative Conference of the United States (ACUS),
Washington, DC
Chris Brummer
Professor, Georgetown University Law
Center; C. Boyden Gray Fellow on
Growth and Finance and Project Director, Transatlantic Finance Initiative,
Atlantic Council, Washington, DC
Reeve T. Bull
Attorney-Advisor, Administrative Conference of the United States (ACUS),
Washington, DC
Alan Butler
Appellate Advocacy Counsel, Electronic
Privacy Information Center, Washington,
DC
John F. Cooney
Partner, Venable LLP, Washington, DC
William Funk
Robert E. Jones Professor of Advocacy
and Ethics, Lewis & Clark Law School,
Portland, OR
Abbe R. Gluck
Associate Professor of Law, Yale Law
School, New Haven, CT
Harry A. Hammitt
Editor/Publisher, Access Reports, Lynchburg, VA
Lisa Heinzerling
John Carroll Research Professor of Law,
Georgetown University Law Center,
Washington, DC
Michael Herz
Arthur Kaplan Professor of Law and
Co-Director, Floersheimer Center for
Constitutional Democracy, Benjamin N.
Cardozo School of Law, New York, NY
William S. Jordan III
Associate Dean and C. Blake McDowell,
Jr. Professor of Law, University of Akron
School of Law, Akron, OH
David Kirstein
Partner, Kirstein & Young, Washington,
DC
William E. Kovacic
Global Competition Professor of Law and
Policy, The George Washington University Law School, Washington, DC
Richard J. Leighton
Partner, Keller & Heckman,
Washington, DC
Michael A. Livermore
Associate Professor of Law, University of
Virginia School of Law, Charlottesville,
VA
Jeffrey S. Lubbers
Professor of Practice in Administrative
Law, American University Washington
College of Law, Washington, DC
Jane C. Luxton
Partner, Environment and Energy Practice Group, Pepper Hamilton LLP,
Washington, DC
Neysun Mahboubi
Research Scholar, University of Pennsylvania, Center for the Study of Contemporary China, Philadelphia, PA
John F. Manning
Bruce Bromley Professor of Law, Harvard Law School, Cambridge, MA
Christina McDonald
Associate General Counsel for Regulatory Affairs, Office of the General Counsel,
U.S. Department of Homeland Security
(DHS), Washington, DC
Richard H. Melnick
Associate County Attorney, Office of the
County Attorney, Rockville, MD
Mariana Mota Prado
Associate Professor, University of Toronto Faculty of Law, Toronto, ON
3
PROGRAM FACULTY
Richard Murphy
AT&T Professor of Law, Texas Tech
University School of Law, Lubbock, TX
Richard J. Pierce, Jr.
Lyle T. Alverson Professor of Law ,
George Washington University School of
Law, Washington, DC
Jennifer Nou
Assistant Professor, University of Chica- Aditi Prabhu
go Law School, Chicago, IL
Attorney Advisor, U.S. Environmental
Protection Agency (EPA), Washington,
DC
Victoria Nourse
Professor of Law, Georgetown University
Law Center, Washington, DC
Cynthia Rapp
Deputy Clerk, U.S. Supreme Court
(SCOTUS), Washington, DC
James T. O'Reilly
Professor of Law, University of Cincinnati
College of Law, Cincinnati, OH
Dorit Rubinstein Reiss
Professor of Law, UC Hastings College
of the Law, San Francisco, CA
Elise Packard
Chief, General Law Division, Office of
General Counsel, U.S. Department of
Susan Rose-Ackerman
Commerce, Washington, DC
Henry R. Luce Professor of Jurisprudence, Law School and Department of
Political Science, Yale Law School, New
Sharon E. Pandak
Partner, Greehan Taves Pandak & Ston- Haven, CT
er PLLC, Woodbridge, VA
Edward L. Rubin
University Professor of Law and Political
Richard W. Parker
Professor; Research Director, Center for Science, Vanderbilt Law School, NashEnergy and Environment Law, University ville, TN
of Connecticut, Hartford, CT
Richard Samp
Chief Counsel, Washington Legal FounWhitney Patross
Attorney, Consumer Financial Protection dation, Washington, DC
Bureau, Washington, DC
Adam Schlosser
Director, Center for Global Regulatory
Cooperation, U.S. Chamber of Commerce, Washington, DC
Karyn Schmidt
Assistant General Counsel, American
Chemistry Council, Washington, DC
Katharine A. Van Tassel
Professor of Law and Director, Public
Health Law and Science Center
(PHLSC) and Health Law Program, Akron Law, Akron, OH
Christopher J. Walker
Assistant Professor of Law, Moritz College of Law, The Ohio State University,
Columbus, OH
Kathryn A. Watts
Garvey Schubert Barer Professor of
Law, University of Washington School of
Law, Seattle, WA
Jeff Weiss
Senior Advisor for Standards and Global
Regulatory Policy, Office of the Secretary of Commerce, U.S. Department of
Commerce, Washington, DC
Former Associate Administrator OIRA
Diana Wick
Professorial Lecturer in Law, The
George Washington University Law
School, Washington, DC
3
Program Agenda
Thursday ● November 7, 2013
7:30 am – 9:00 am
Registration & Continental Breakfast | South Gallery
9:00 am – 10:30 am
Democracy and Statutory Interpretation: New Empirical Work and Positive Theory
CLE
CREDIT
Ballroom HC
9:00 am – 10:30 am
Victoria Nourse (Moderator)
William Eskridge, Abbe Gluck, Edward L. Rubin
There is no more basic question of governance than how courts interpret statutes. This panel
will feature major new approaches toward interpreting law, based on empirical research and
positive theory. These theories challenge current approaches used by courts by engaging with
the notion of how Congress governs in our democracy. Participants will discuss a recent empirical survey of congressional staffers and how they draft statutes, rule-based positive theories of
statutory interpretation, and meta-theoretic approaches based on democratic theory.
Rulemaking 101
Andrew Emery, Jane C. Luxton, Aditi Prabhu
CLE
CREDIT
Ballroom DEF
9:00 am – 10:30 am
This panel will provide an introductory/refresher course on the procedural steps, legal
requirements, and practical constraints applicable to issuing rules. The course will be co-taught
by a team of lawyers with government and private practice experience, each bringing out
considerations most relevant from their particular perspectives.
The Globalization of Administrative Law: Regulatory Cooperation in the US-EU Transatlantic
Trade and Investment Partnership and Beyond
Chris Brummer, Reeve T. Bull, Richard W. Parker, Adam Schlosser, Jeff Weiss
CLE
CREDIT
Ballroom GB
10:30 am – 10:45 am
As the world becomes further connected and supply chains for goods and services become
further intertwined between trading partners, regulators in several countries will often find
themselves with overlapping and duplicative jurisdictions. These changes present many new
opportunities for efficiency and growth, but current administrative law procedures in the U.S. are
not necessarily designed to ensure optimal coordination between U.S. agencies and their
overseas counterparts. The immense emphasis the Transatlantic Trade and Investment
Partnership (TTIP) places on regulatory cooperation indicates that administrative law is now
considered a key component of trade and growth. This panel will serve to raise awareness of
new regulatory cooperation provisions being proposed in the TTIP, as well as current regulatory
cooperation activities through the U.S.-Canada Regulatory Cooperation Council and between the
U.S. and EU implementing financial market reforms, and highlight many potentially unsettled
areas of administrative law, such as the need for new regulatory compatibility analysis that
addresses international impact and trade and regulatory equivalent assessments that determine
whether two regulatory regimes achieve a compatible outcome. Attendees will gain valuable
knowledge about how ongoing international discussions will affect the future of their practice.
Both government regulatory experts as well as the general legal community stand to benefit
from learning about this topic.
Break | South Gallery
6
Thursday ● November 7, 2013
10:45 am – 12:15 pm
CLE
CREDIT
Ballroom HC
10:45 am – 12:15 pm
ETHICS
CREDIT
Ballroom GB
The White House Role in the Agency Rulemaking Process
Richard J. Pierce, Jr. (Moderator)
Lisa Heinzerling, Jennifer Nou, Michael Livermore
This program will discuss the effects of the continued trend toward centralization of regulatory
power in the White House. The effects include a variety of changes in the patterns of behavior at
regulatory agencies that are designed to retain as much independence from the White House as
possible and decentralization of power within the White House.
Ethical Quandaries for Public Lawyers
Diana Wick (Moderator)
Carlos F. Acosta, Judy Kaleta, Sharon E. Pandak, Richard H. Melnick, Cynthia Rapp
The ABA’s Government and Public Sector Lawyers Division’s Ethical Quandaries for Public
Lawyers examines the unique ethical issues confronted by public sector lawyers using an
entertaining, interactive format. Panelists dramatize short, illustrative scenarios with a
discussion period following each hypothetical. A variety of ethics topics will be covered – all
from the point of view of the government lawyer.
12:15 pm – 1:45 pm
Lunch | South Gallery
1:45 pm – 3:15 pm
The Democratic Potential and Possible Pitfalls of Social Media & the Administrative State
Emily Bremer (Moderator)
Alissa M. Ardito, Reeve T. Bull, Michael Herz
CLE
CREDIT
Ballroom GB
With the rise of computer-mediated communications in the last decade, legal scholars have debated the potential of social media and virtual technologies to transform administrative agency
practice in ways that enhance democracy by involving more citizens in agency decision making.
In 2009 OMB (Open Government Directive, M-10-16) directed federal agencies to use innovative
tools and practices to create new methods of public engagement. Agencies have taken tentative
steps to use interactive technologies in a variety of ways, so now is an appropriate time to evaluate current efforts, highlight existing “best practices,” and propose new models for citizen participation in agency decision making.
This panel will consider both the normative question of whether agency decision making procedures suffer from a “democracy deficit” and the practical question of how, if at all, advances in
“new media” might be leveraged to mitigate or eliminate any deficiencies. The panel will address three sets of topics. First, it will consider the legal and policy issues involved in using
technology to encourage more meaningful public participation, as addressed in the Administrative Conference’s soon to be released report on “Social Media in Rulemaking.” Second, it will
examine the tension between widespread participation and informed deliberation that underlies
assumptions about the need to democratize agency practice. A new model for citizen participation and accompanying legal reforms offers a novel avenue agencies may wish to explore. Finally, when agencies invite public comment on their social media sites, the First Amendment’s
free speech clause is implicated. Few agency attorneys have had to brave the contentious realm
of First Amendment jurisprudence, while the Supreme Court and Federal Circuit Courts have yet
to opine on the application of free speech doctrines to social media sites. How agencies comply
with the First Amendment in such a context is critical but far from self-evident.
7
Thursday ● November 7, 2013
1:45 pm – 3:15 pm
The George Washington Law Review's Annual Review of Administrative Law
William E. Kovacic (Moderator)
John F. Manning, Mariano-Florentino Cuellar, Christopher J. Walker
CLE
CREDIT
Ballroom HC
1:45 pm – 3:15 pm
The Annual Review of Administrative Law, published by The George Washington Law
Review, is one of the most well-read and widely distributed sources of academia in the field of
Administrative Law. This year, the Law Review is proud to publish fine work from three
distinguished professors in this field: John F. Manning (Harvard Law School),
Mariano-Florentino Cuellar (Stanford Law School), and Christopher J. Walker (Moritz College of
Law, The Ohio State University). Professor Cuellar will write the foreword for the publication,
while Professor Manning will write an article discussing the use of legislative history under the
Chevron doctrine. This year's Volume of the Annual Review will also feature Professor Walker's
piece, "Judicial Toolbox for Enhancing Dialogue Between Courts and Agencies," which offers a
unique analysis of immigration agency adjudication based upon a study of over 400 published
court of appeals decisions. Each author will present his work as part of a broader discussion of
developments in Administrative Law. The Panel will be moderated by Professor William E.
Kovacic of The George Washington University Law School, former Commissioner of the FTC
and recent appointee to the newly-created Competition and Markets Authority in the United
Kingdom.
Speak No Evil: Changing Controls on Commercial Speech by Federal Enforcement Agencies
James T. O’Reilly (Moderator),
Richard J. Leighton, David Kirstein, Richard Samp, Katherine A. Van Tassel
CLE
CREDIT
Ballroom DEF
3:15 pm – 3:30 pm
Can government suppress commercial speech by prosecuting those who make product claims
that are factual, but prior to government approval of that claim? Can government compel the
detailed dissemination of airline fare information where the total price is fully disclosed? Can
government compel a food firm to suppress truthful information about its products that otherwise might affect a consumer’s purchase decision? Recent cases show a variety of stresses upon the First Amendment “commercial speech” doctrines as seen in the appellate reports. What
does this trend mean for lawyers who counsel clients in the private sector about their marketing
approaches?
Break | South Gallery
7
Thursday ● November 7, 2013
3:30 pm – 5:00 pm
What Technology Can Do for Rulemaking
Neil Eisner (Moderator)
Bryant Crowe, Cynthia Farina, Brett Jortland, Christina McDonald, Whitney Patross
CLE
CREDIT
New information and communication technologies have brought new opportunities but also
new challenges for the practice of rulemaking. This panel focuses on three successful
applications of technology at various points of the rulemaking process. The structure is
designed to give attendees a good introduction to how these technologies work as well as
guidance onwhen and how they are most effectively deployed.
(1) Panelists from the Department of Transportation and the Department of Homeland Securiy
will describe their rulemaking management systems.
Ballroom HC
(2) The next set of panelists will discuss software that sorts and identifies unique text in mass
email comments. An official from US Fish & Wildlife Service will describe successful use of such
software in several USFWS rulemakings, and a member of the Regulations.gov project
management office will describe the version that is available to agencies through FDMS.
(3) The final set of panelists will discuss use of Web 2.0 techniques to get broader, better
rulemaking participation. A researcher with the CeRI Regulation Room project and an official
from the Consumer Finance Protection Bureau, one of the agencies who have done
rulemakings on the site, who will discuss how to pick the right rules and use the right tools for
successful e-participation.
3:30 pm – 5:00 pm
After Sequestration: Getting the Job Done with a Slashed Budget (and Pitfalls to Avoid)
Russell Frye (Moderator), John F. Cooney, James T. O’Reilly, Elise Packard, Karyn Schmidt
CLE
CREDIT
Ballroom GB
For federal agencies, 2013 was a year of sequester-related across-the-board budget cuts, staff
furloughs, travel bans, etc., and further belt-tightening can be expected. Agencies may look to
new ways of doing things in response to newly limited agency resources, but they should be
aware of legal and practical limitations. This panel will explore benefits and concerns when an
agency turns to private parties for regulatory development and enforcement; limitations
imposed by the Antideficiency Act’s prohibition on accepting voluntary services; the extent to
which budgetary constraints can excuse compliance with statutory deadlines; issues that arise
when an agency wants to encourage private organizations to help “take up the slack” (and to
encourage others to support those organizations); substituting guidance for rulemaking;
and so forth.
8
Friday ● November 8, 2013
7:30 am – 8:50 am
Registration & Continental Breakfast | South Gallery
8:50 am – 9:00 am
Welcome and Introductions | Ballroom GHB
9:00 am – 10:45 am
Developments in Administrative Law, Part I
CLE
CREDIT
Jeffrey S. Lubbers (Moderator)
William Funk (Constitutional Law), Phyllis Bernard (Adjudication)
Ballroom GHB
In this signature event of the Administrative Law Section’s Fall Conference, scholars will present
a comprehensive overview of the most important administrative law developments in the last
twelve months. It’s all the administrative law news that’s fit for discussion and it comes
packaged in one fast-paced program that has become a must-attend event for anyone practicing
federal administrative law or involved with regulation in Washington.
10:45 am – 11:00 am
Break | South Gallery
11:00 am – 12:45 pm
Developments in Administrative Law, Part 2
CLE
CREDIT
Jeffrey S. Lubbers (Moderator)
William S. Jordan III, (Rulemaking), Kathryn A. Watts (Judicial Review: Scope of Review),
Richard Murphy (Judicial Review: Access to the Courts)
Ballroom GHB
In this signature event of the Administrative Law Section’s Fall Conference, scholars will present
a comprehensive overview of the most important administrative law developments in the last
twelve months. It’s all the administrative law news that’s fit for discussion and it comes
packaged in one fast-paced program that has become a must-attend event for anyone practicing
federal administrative law or involved with regulation in Washington.
12:45 pm – 2:15 pm
Awards Luncheon
Annual Award for Scholarship in Administrative Law
Jerry L. Mashaw, “Creating the Administrative Constitution: The Lost One Hundred Years of
American Administrative Law” (Yale University Press 2012)
Ballroom GHB
Kevin M. Stack, “Interpreting Regulations” (111 Mich. L. Rev. 355 2012)
Mary C. Lawton Award for Outstanding Government Service
Rosemary Hart, Senior Counsel, Office of Legal Counsel, U.S. Department of Justice (DOJ)
Gellhorn-Sargentich Law Student Essay Award
Taylor M. Owings, “Identifying a Maverick: When Antitrust Law Should Protect a Low-Cost
Competitor”
Mashaw
Stack
Hart
Owings
8
2:30 pm – 4:00 pm
CLE
CREDIT
Ballroom GHB
2:30 pm – 4:00 pm
The Year in Government Information: NSA Surveillance, Bin Laden Photos, White House
Logs and More
James T. O’Reilly (Moderator)
Bernard W. Bell, Alan Butler, Harry A. Hammitt
This program will review legal developments regarding public access to government information
and related aspects of privacy law that have occurred in the preceding 12 months. This will
include discussion of the Supreme Court’s anticipated decision on the constitutionality of
“citizens only provisions in state FOIA laws (McBurney v. Young), FOIA cases involving
requests for information relating to the government’s pursuit of the war on terror (such as the
video tapes of the raid on Osama bin Laden’s compound), the controversy regarding the
accessibility of information regarding gun owners, and other cases and controversies relating to
public access to information.
Rulemaking in Comparative Perspective
Jeffrey S. Lubbers (Moderator)
Susan Rose-Ackerman, Neysun Mahboubi, Mariana Mota Prado, Dorit Rubinstein Reiss
CLE
CREDIT
Ballroom DEF
5:30 pm – 9:30 pm
Countries may differ substantially in their administrative law, yet there are often striking
similarities, too, especially in our globalized world. This panel brings together scholars studying
administrative systems from different countries and continents to discuss how rulemaking is
handled in their own system. The scholars will each present some of the new developments in
their system of choice and highlight both common ground and contrasts. At the end of this
panel, participants should understand some of the differences between rulemaking as it is done
in the United States and the way other countries or legal systems handle it. Among other things,
participants should understand the differences in defining rulemaking; commonalities and
differences in the values attributed to good regulatory practices; and different forms that
participation and evidence based regulation can take.
Annual Section Dinner, National Elite Yacht, Diamond Teague Dock
Chair’s Award for Outstanding Volunteer Service
Jeffrey S. Lubbers, Professor of Practice in Administrative Law, American University
Washington College of Law
Fellow Award
Michael Herz, Arthur Kaplan Professor of Law Co-Director,
Floersheimer Center for
Constitutional Democracy, Cardozo School of Law
Lubbers
Herz
Saturday ● November 9, 2013
8:00 am – 3:30 pm
Section Council Meeting
ABA Headquarters, 1050 Connecticut Avenue NW, Washington, DC
John Marshall Room, 5th Floor
All section members are welcome to attend. Breakfast and lunch will be provided. Materials will
be available for download prior to the meeting. Please RSVP and direct questions to Anne Kiefer
at [email protected].
12
Administrative Law Fall Conference ● Important Information
Section Dinner Cruise
Friday, November 8, 5:45pm—9:30pm
Join the Section of Administrative Law and Regulatory Practice and your colleagues for a dinner cruise on the National
Elite private yacht along the Potomac River. Enjoy hors d’oeuvres and cocktails with fantastic views of Washington
from the open deck, followed by a dinner buffet in the beautiful interior of the yacht. We will also honor Jeffrey S.
Lubbers, recipient of the 2013 Chair’s Award for Outstanding Volunteer Service.
Meet at Diamond Teague Park on the Southwest Waterfront near 1st Street SE and Potomac Avenue SE (GPS use 1520
1st Street SE) where we will board the National Elite Yacht promptly at 6:15pm and return to the same location at
9:30pm. All three levels of the yacht will be reserved for this event. All section members and guests are welcome!
Parking is provided by Colonial Parking, located across the street from the pier ($13/day) and also along the street
parking meters. Visit www.spiritofwashington.com for more information regarding the yacht.
Section Council Meeting
Saturday, November 9, 8:00 am – 3:30 pm
ABA Headquarters, 1050 Connecticut Avenue NW, Washington, DC
John Marshall Room, 5th Floor
All section members are welcome to attend. Breakfast and lunch will be provided. Materials will be available for
download prior to the meeting. Please RSVP and direct questions to Anne Kiefer at [email protected].
Georgetown University Hotel and Conference Center Directions
3800 Reservoir Road NW, Washington, DC 20007 T: 202-687-3200; F: 202-687-3297
Website: http://www.accguhotelandconferencecenter.com/
You will see a hospital on your right side, and a sign that reads, "Georgetown University Hotel & Conference
Center." Walk/drive straight until you see the Leavey Center Parking Garage. The entrance to the hotel and conference
center is to the right of the Parking Garage, look for the green awning that reads, "Conference Center." Once you enter
the hotel, walk straight to the end of the hallway and turn left at the South Gallery to enter the conference
center. The conference center is on the floor directly above the garage. Download a map of the main campus and visit
the Travel Information section of the meeting website for driving directions and parking information.
Public Transportation
Nearest Metro Station: Foggy Bottom (Blue Orange Line, 1.5 miles from campus)
GUTS Bus: Complimentary, departs from and to Georgetown every 15 minutes. Stops include: Wisconsin Ave, Dupont
Circle Metro (Red line), Arlington Loop, Rosslyn Metro (Blue/Orange line).
GUTS Bus schedule and maps
DC Circulator: Both blue and orange line of the DC circulator stop at Georgetown University, main campus. Blue line
circulator has several stops between Roslyn-Georgetown-Dupont Circle. Orange line has several stops between
Georgetown-Union Station.
DC Circulator schedule and maps
14
Starbucks
Faculty Club Restaurant
Cosi
Leavey Center Floor Plan
Section of Administrative Law and Regulatory Practice
Event Schedule FY2014
As of October 15, 2013
Monthly Teleconference Call Schedule: Mondays at Noon ET
Quarterly Membership Mingle Events in DC, 5:30 – 7:00 pm
Winter: Jan 29, 2014
Spring: Apr 30, 2014 Summer: Aug 27, 2014
CLE Programs & Council Meetings
Administrative Law Conference: November 7-8, 2013
Georgetown University Conference Center
Fall Council Meeting: Saturday November 9, ABA Headquarters, 8 am – 4 pm
Section Dinner: Friday November 8, “The National Elite” Potomac River Cruise
Mid-Year Council Meeting: Saturday January 25, 2014
Washington at ABA Headquarters, 8 am – 5 pm
10th Annual Administrative Law & Regulatory Practice Institute
Thursday April 3, 2014 – Full Day “The Institute”
Friday April 4, 2014 – Half Day “Rulemaking 101”
Walter E. Washington Convention Center, Washington, DC
Spring Conference - Grand Hyatt Buckhead, Atlanta, GA
April 25, 2014 – CLE Programs & Section Dinner
April 26 & 27, 2014 Council Meetings 8am – Noon
9th Annual Homeland Security Law Institute
Thursday May 29 – Friday May 30, 2014
Walter E. Washington Convention Center, Washington, DC
ABA Annual Meeting in Boston: Aug 8 – 10, 2014
Section Dinner Aug 8, Council Meetings Aug 9-10 from 8am - Noon,
Annual Membership Meeting & Elections Aug 10, 11:30 am
ABA Section of Administrative Law and Regulatory Practice
1050 Connecticut Avenue NW, Suite 400, Washington, DC 20036 •
T (202) 662-1582 • F (202) 662-1529 • www.americanbar.org/adminlaw
Section of Administrative Law and Regulatory Practice
Event Schedule FY2015
As of October 15, 2013
Monthly Teleconference Call Schedule: Mondays at Noon ET
Quarterly Membership Mingle Events in DC, 5:30 – 7:00 pm
Fall: TBD, Winter: TBD
Spring: TBD Summer: TBD
CLE Programs & Council Meetings
Administrative Law Conference: December 11-12, 2014
Walter E. Washington Convention Center, Washington, DC
Fall Council Meeting: Saturday December 13, ABA Headquarters, 8 am – 4 pm
Section Dinner: Friday December 12, 2014
10th Annual Homeland Security Law Institute
Thursday March 26 – Friday March 27, 2015
Walter E. Washington Convention Center, Washington, DC
11th Annual Administrative Law & Regulatory Practice Institute
Thursday April 23, 2015 – Full Day “The Institute”
Friday April 24, 2015 – Half Day “Rulemaking 101”
Walter E. Washington Convention Center, Washington, DC
Spring Conference – Location TBD
May, 2015 – CLE Programs & Section Dinner
May, 2015 Council Meetings 8am - Noon
ABA Annual Meeting in Chicago: Aug 8 – 10, 2015
Section Dinner Friday July 31, Council Meetings Sat-Sun Aug 1-2, 2015
Annual Membership Meeting & Elections Sunday Aug 2, 2015 at 11:30 am
Administrative Law Conference: October 29-30, 2015
Walter E. Washington Convention Center, Washington, DC
Fall Council Meeting: Saturday October 31, ABA Headquarters, 8 am – 4 pm
Section Dinner: Friday October 30, 2015
ABA Section of Administrative Law and Regulatory Practice
1050 Connecticut Avenue NW, Suite 400, Washington, DC 20036 •
T (202) 662-1582 • F (202) 662-1529 • www.americanbar.org/adminlaw
Administrative Law Conference Registration Form
ABA Section of Administrative Law & Regulatory Practice
November 7-8, 2013 | Georgetown University Conference Center | Washington, DC
Registration: Online or use this form to register. Deadline for advanced registration is October 31. Depending on the number of
advanced registrations, on-site registration may be available. Credit cards or checks are required at the time of registration (training
vouchers, SF-182, or EFT CANNOT be accepted). Wire Transfers and ACH payments will also be accepted for advanced registration
only. Receipt copies are emailed to the registrant when the registration is processed.
Conference Location: Georgetown University Hotel and Conference Center on the Main Campus. 3800 Reservoir Road, NW,
Washington, DC 20007. Map and directions to main campus: http://maps.georgetown.edu/
Scholarships: Contact Anne Kiefer [email protected] or 202-662-1690 to request a registration scholarship. Decisions
are based upon individual circumstances.
CLE: 9.5 hours of Professional Practice Credit and 1.5 hours of Ethics Credit have been requested, but cannot be guaranteed.
Contact your state or local MCLE board to verify requirements.
Cancellation & Special Needs: Cancellations accepted without charge until October 20. No refunds are possible after that date,
substitutions only. Email cancellations and any special needs to [email protected] or Fax to 202-662-1529.
Name: ______________________________________________________________________________
ABA Member I.D. ____________________________ Administrative Law Section Member? Yes__ No__
Email: ____________________________________
Phone: __________________________________
Organization: ________________________________________________________________________
Address: ____________________________________________________________________________
City, State, Zip: _______________________________________________________________________
QTY.
CONFERENCE PROGRAM RATES
Rates
Admin Law Section Member: Program Passport (All CLE Sessions – 2 Days)
Government Attorney: Program Passport (All CLE Sessions – 2 Days)
Non-Member: Program Passport (All CLE Sessions – 2 Days)
Government Attorney: Single Day Passport (All CLE Sessions for 1 Day)
Indicate Selected Day: ____ Nov 7
____Nov 8
Admin Law Section Member: Single Day Passport (All CLE Sessions for 1 Day)
Indicate Selected Day: ____ Nov 7
____Nov 8
Non-Member: Single Day Passport (All CLE Sessions for 1 Day)
Indicate Selected Day: ____ Nov 7
____Nov 8
ANNUAL REVIEW OF DEVELOPMENTS IN ADMINISTRATIVE LAW (Parts 1 & 2,
Friday Nov 8) ONLY (Members, Government, Non-Members)
All Other Individual Programs (Members, Government, Non-Members)
Email Program Name to [email protected] or list here:
$275
$240
$355
$120
$185
$225
$185
$90
Law Student: No Charge for any CLE Sessions
No Charge
QTY.
TOTAL PROGRAM FEES
Admin Law Section Member: Dinner & Reception Nov 8, National Elite Yacht
Non-Member: Dinner & Reception Nov 8
TOTAL EVENT FEES
GRAND TOTAL
$
$110
$125
$
$
Payment by check or credit card is required at time of registration. Make checks payable to the American Bar
Association. Return this form by EMAIL: [email protected] OR FAX: 202-662-1529 OR MAIL: Alisha Dixon,
ABA Section of Administrative Law, 1050 Connecticut Avenue NW, Suite 400, Washington, DC 20036.
METHOD OF PAYMENT
 Check (payable to “American Bar Association”)
 VISA
 MasterCard
 AMEX
Card Number: ______________________________________________ Exp. Date: __________________
Signature:
Name on card:
Would you like to be a Member of the Section of Administrative Law & Regulatory Practice?
Check here ___ to have the $60 Annual Dues added to this invoice (must already be an ABA member).