Experts to discuss congressional oversight, cross-border issues at ABA Homeland Security Law Institute
U.S. Department of Homeland Security General Counsel John Mitnick is the keynote speaker at the 13th Annual Homeland Security Law Institute on May 31 in Arlington, Va. At the conference, key decision-makers from the government and industry sectors will discuss transportation security; cybersecurity; cross-border initiatives; and federal, state and local emergency response efforts.
Program highlights include:
• “DHS Current Legal Issues: A Panel Discussion with Senior Attorneys from DHS, CISA, ICE, TSA, USCIS” — This panel will present an overview of the significant legal matters facing DHS and its components, including its implementation of mandates set forth in the Cybersecurity and Infrastructure Security Agency Act of 2018, and FAA Reauthorization Act of 2018.
• “Homeland Security Legislative & Regulatory Outlook 2018-2019” — This panel will focus on recent, current and upcoming legislative and regulatory activity in the homeland security sphere. Topics include congressional activity on border security and immigration, DHS reauthorization and congressional oversight. On the regulatory side, panelists will explore what’s in the offing, including H-1B reform, EB-5 reform, disaster assistance, information security and other topics.
• “State & Local Responders Working with FEMA” — Panelists will discuss the regulatory implications of the two greatest disaster years since the creation of FEMA and perhaps since the Civil War. The years 2017 and 2018 were extraordinary in their breadth of devastation, including but not limited to Hurricanes Irma and Michael in Florida, Harvey in Texas, Hurricane Maria in Puerto Rico and the 2017 and 2018 wildfires in California. The panel will also discuss the enactment of the Disaster Recovery Reform Act and share their observations on the impact of the shutdown of the portions of FEMA not funded by the Disaster Relief fund.
• “Maintaining Secure Skies: What’s Next for Drone Integration?” — Drones have proven to be a valuable resource in responding to natural disasters, inspecting critical infrastructure and supporting agricultural operations, etc. Further integration efforts have been delayed, however, due to growing security concerns, as evidenced by recent events near London’s Heathrow and Gatwick airports. This panel will explore the current security challenges and next steps required from both a regulatory and technology development perspective.
Rulemaking process on agenda at ABA 15th Annual Administrative Law & Regulatory Practice Institute
As the Trump administration’s legislative priorities continue to unfold, regulatory actions, rulemaking discussions and judicial review will be highlighted at the American Bar Association’s 15th Annual Administrative Law and Regulatory Practice Institute, May 31 at the Ritz-Carlton Pentagon City in Arlington, Va.
Program highlights include:
• “The Rulemaking Process” — 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. Speakers are Andrew Emery, president of The Regulatory Group Inc.; Daniel Cohen, assistant general counsel at the U.S. Department of Energy; Russell Frye of FryeLaw, Washington, D.C.; and Bridget C.E. Dooling, professor at The George Washington University Regulatory Studies Center.
• “Judicial Review of Rules” — This panel will provide an introductory/refresher course on judicial review of rulemaking. The panel will present government and private practice perspectives on procedural and strategic considerations, legal standards and practical constraints applicable to challenging (or defending) regulations in court. Speakers are: Steve Lahotsky, chief counsel for regulatory regulation at U.S. Chamber of Commerce National Chamber Litigation Center; Melissa Patterson, with the U.S. Department of Justice Civil Division; and Joshua Turner, partner at Wiley Rein, Washington, D.C.
• “Adjudication 101: The New World of Agency Adjudication” — In 1946, the Administrative Procedure Act (APA) set forth the criteria for “formal” adjudication, requiring an administrative law judge to make the initial determination and the agency head to have the final word. That is the lost world. Today, the vast majority of agency adjudications Congress has created are not paradigmatic “formal” adjudications as set forth in the APA. It turns out that there is great diversity in the procedures by which federal agencies adjudicate. This new world involves a variety of less-independent administrative judges, hearing officers and other agency personnel adjudicating disputes. In a number of recent decisions, the Supreme Court has grappled with the constitutional contours of this new world of agency adjudication; so has Congress, the president and the agencies themselves. This panel will bring together agency officials and scholars of agency adjudication to explore recent developments in agency adjudication and discuss what the future of this new world may hold. Speakers are: Emily Bremer, associate professor of law, Notre Dame Law School; Nadine N. Mancini, general counsel, Occupational Safety & Health Review Commission; Christopher J. Walker, associate professor of law, The Ohio State University; and Matthew Lee Wiener, vice chair/executive director, Administrative Conference of the United States.
• “Statutory Interpretation 101” — There are many ways to approach the process of interpreting a statute. Textualism is an interpretative approach that relies heavily on the intrinsic sources to determine meaning. Intentionalism is an interpretative approach that relies heavily on extrinsic sources, particularly the legislative history, to discern the enacting legislature’s specific intent. Finally, purposivism is an interpretative approach that searches all of the sources to discern the enacting legislature’s general intent, or purpose. This panel will explain the linear approach to interpretation. The linear approach is a step-by-step process that will appeal to textualist, intentionalist and purposivist judges alike. Speakers are: Adam J. White, assistant professor and executive director, the C. Boyden Gray Center for the Study of the Administrative State, George Mason University’s Antonin Scalia Law School; and Linda Jellum, Ellison Capers Palmer Sr. Professor of Law, Mercer University School of Law.
Former ABA president dies at 85
The American Bar Association said in a statement that it mourns the loss of its former president, Talbot (“Sandy”) D’Alemberte, who passed away May 20 at age 85.
“Our thoughts go out to his family, including his wife, Patsy Palmer, his daughter, Gabrielle, and his son, Joshua,” said current ABA President Bob Carlson.
D’Alemberte served as ABA president in 1991-92. He was considered one of the leading advocates for human and civil rights around the world, a pioneer of dispute resolution, a constitutional expert, and a champion of open government.
In 1990 after the fall of the Berlin wall, D’Alemberte worked to create “CEELI” (the Central European and Eurasian Law Institute), a program to help in the development of constitutions, laws and institutional improvements in the Central and Eastern European region. The program was expanded to involve all other regions of the world and is now the Rule of Law Initiative, which currently promotes justice, economic opportunity and human dignity through the rule of law in 50 countries around the world.
From 1976-79, D’Alemberte served as the first chair of the ABA Special Committee on Resolution of Minor Disputes. He was a leading voice in the early days of the modern dispute resolution movement, which has grown into the ABA Section on Dispute Resolution. He also served as chair of the ABA Section of Legal Education and Admission to the Bar (1982-83) as well as several other ABA committees, including chair of the first election reform committee.
D’Alemberte received the ABA Medal, the association’s highest honor, in 2003, as well as the Robert Drinan Award from the ABA Section of Individual Rights, the ABA Section of Legal Education’s Robert J. Kutak Award and the ABA World Order Under Law Award. He also received numerous awards throughout his distinguished career from various legal and civic associations, including an Emmy in 1985 for his work in open government, particularly in the opening of court proceedings to electronic journalists.
He served as president of Florida State University from 1994 to 2003 and dean of Florida State University from 1984-89.
In 2003, D’Alemberte helped start the Innocence Project of Florida to help innocent prisoners obtain their freedom and rebuild their lives.
