Administrative Law Conference

November 7‐8, 2013

Georgetown University Hotel & Conference Center | Washington, DC

Program Chairs: Carol Ann Siciliano | Russell Frye

Sec on Chair: Joe D. Whitley 

Platinum Sponsors

ABA Co-Sponsors: Commission on Immigration, Government & Public Sector Lawyers Division, Section of Environment, Energy and Resources, Section of International Law

Schedule at a Glance

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THURSDAY, NOVEMBER 7, 2013

TIME SESSION ROOM

7:30am—9:00am

Registration & Continental Breakfast South Gallery

9:00am—10:30am

Democracy and Statutory Interpretation: New Empirical Work and Positive Theory

Ballroom HC

9:00am—10:30am

Rulemaking 101 Ballroom DEF

9:00am—10:30am

The Globalization of Administrative Law: Regulatory Cooperation in the US—EU Transatlantic Trade and Investment Partnership and Beyond

Ballroom GB

10:30am—10:45am

Break South Gallery

10:45am—12:15pm

The White House Role in the Agency Rulemaking Process Ballroom HC

10:45am—12:15pm

Ethical Quandaries for Public Lawyers

Ballroom GB

12:15pm—1:45pm

Lunch Break South Gallery

1:45pm—3:15pm

The Democratic Potential and Possible Pitfalls of Social Media & the Administrative State

Ballroom GB

1:45pm—3:15pm

The George Washington Law Review's Annual Review of Administrative Law

Ballroom HC

1:45pm—3:15pm

Speak No Evil: Changing Controls on Commercial Speech by Federal Enforcement Agencies

Ballroom DEF

3:15pm—3:30pm

Break South Gallery

3:30pm—5:00pm

What Technology Can Do for Rulemaking Ballroom HC

3:30pm—5:00pm

After Sequestration: Getting the Job Done with a Slashed Budget (and Pitfalls to Avoid)

Ballroom GB

FRIDAY, NOVEMBER 8, 2013

TIME SESSION ROOM

7:30am—8:50am

Registration & Continental Breakfast South Gallery

8:50am—9:00am

Welcome and Introductions Ballroom GHB

9:00am—10:45am

Developments in Administrative Law, Part 1 Ballroom GHB

10:45am—11:00am

Networking Break South Gallery

11:00am—12:45pm

Developments in Administrative Law, Part 2 Ballroom GHB

12:45pm—2:15pm

Awards Luncheon & Presentations Ballroom GHB

2:30pm—4:00pm

The Year in Government Information: NSA Surveillance, Bin Laden Photos, White House Logs and More

Ballroom GHB

2:30pm—4:00pm

Rulemaking in Comparative Perspective Ballroom DEF

5:45pm—9:30pm

Annual Section Dinner, National Elite Yacht Diamond Teague Dock

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 Administra ve 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

Message from the Chair

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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 Carol Ann Siciliano, Program Chair Associate General Counsel, U.S. Envi-ronmental Protection Agency (EPA), Washington, DC Carlos F. Acosta Inspector General, Prince George's County Police Department, Palmer Park, MD Alissa M. Ardito Attorney-Advisor, U.S. Department of Housing and Urban Development (HUD), Washington, DC Bernard W. Bell Professor of Law, Rutgers School of Law, Newark, NJ Phyllis Bernard Professor of Law, Oklahoma City Univer-sity School of Law, Oklahoma City, OK Emily Bremer Attorney-Advisor, Administrative Confer-ence of the United States (ACUS), Washington, DC Chris Brummer Professor, Georgetown University Law Center; C. Boyden Gray Fellow on Growth and Finance and Project Direc-tor, Transatlantic Finance Initiative, Atlantic Council, Washington, DC Reeve T. Bull Attorney-Advisor, Administrative Confer-ence 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

Bryant Crowe Analyst, U.S. EPA Office of Environmen-tal Information (OEI), eRulemaking Program Management Office, Washing-ton, DC Neil Eisner Former Assistant General Counsel for Regulation and Enforcement, U.S. Department of Transportation (DOT), Washington, DC Mariano-Florentino Cuellar Stanley Morrison Professor of Law, Stanford Law School, Stanford, CA Andrew Emery President, The Regulatory Group, Arlington, VA William Eskridge John A. Garver Professor of Jurispru-dence, Yale Law School, New Haven, CT Cynthia Farina McRoberts Professor of Research in the Administration of the Law; Cornell eRule-making Initiative (CeRI) Principal Re-searcher, Cornell Law School, Ithaca, NY 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, Lynch-burg, 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

Brett Jortland Deputy Assistant General Counsel for Regulation and Enforcement, U.S. De-partment of Transportation (DOT), Washington, DC Judy Kaleta Assistant General Counsel, Office of the General Counsel, U.S. Department of Transportation (DOT), Washington, DC David Kirstein Partner, Kirstein & Young, Washington, DC William E. Kovacic Global Competition Professor of Law and Policy, The George Washington Univer-sity 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 Prac-tice Group, Pepper Hamilton LLP, Washington, DC Neysun Mahboubi Research Scholar, University of Pennsyl-vania, Center for the Study of Contempo-rary China, Philadelphia, PA John F. Manning Bruce Bromley Professor of Law, Har-vard Law School, Cambridge, MA Christina McDonald Associate General Counsel for Regulato-ry 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 Toron-to Faculty of Law, Toronto, ON 3

PROGRAM FACULTY Richard J. Pierce, Jr. Lyle T. Alverson Professor of Law , George Washington University School of Law, Washington, DC Aditi Prabhu Attorney Advisor, U.S. Environmental Protection Agency (EPA), Washington, DC Cynthia Rapp Deputy Clerk, U.S. Supreme Court (SCOTUS), Washington, DC Dorit Rubinstein Reiss Professor of Law, UC Hastings College of the Law, San Francisco, CA Susan Rose-Ackerman Henry R. Luce Professor of Jurispru-dence, Law School and Department of Political Science, Yale Law School, New Haven, CT Edward L. Rubin University Professor of Law and Political Science, Vanderbilt Law School, Nash-ville, TN Richard Samp Chief Counsel, Washington Legal Foun-dation, Washington, DC Adam Schlosser Director, Center for Global Regulatory Cooperation, U.S. Chamber of Com-merce, 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, Ak-ron Law, Akron, OH Christopher J. Walker Assistant Professor of Law, Moritz Col-lege 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 Secre-tary 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

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Richard Murphy AT&T Professor of Law, Texas Tech University School of Law, Lubbock, TX Jennifer Nou Assistant Professor, University of Chica-go Law School, Chicago, IL Victoria Nourse Professor of Law, Georgetown University Law Center, Washington, DC James T. O'Reilly Professor of Law, University of Cincinnati College of Law, Cincinnati, OH Elise Packard Chief, General Law Division, Office of General Counsel, U.S. Department of Commerce, Washington, DC Sharon E. Pandak Partner, Greehan Taves Pandak & Ston-er PLLC, Woodbridge, VA Richard W. Parker Professor; Research Director, Center for Energy and Environment Law, University of Connecticut, Hartford, CT Whitney Patross Attorney, Consumer Financial Protection Bureau, Washington, DC

Program Agenda

Thursday ● November 7, 2013

CLE CREDIT

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

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 empiri-cal survey of congressional staffers and how they draft statutes, rule-based positive theories of statutory interpretation, and meta-theoretic approaches based on democratic theory.

9:00 am – 10:30 am Rulemaking 101

Andrew Emery, Jane C. Luxton, Aditi Prabhu 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.

CLE CREDIT

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9:00 am – 10:30 am 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

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.

CLE CREDIT

Ballroom HC

Ballroom GB

10:30 am – 10:45 am Break | South Gallery

Ballroom DEF

10:45 am – 12:15 pm 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.

Thursday ● November 7, 2013

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10:45 am – 12:15 pm 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.

CLE CREDIT

Ballroom GB

Ballroom HC

12:15 pm – 1:45 pm Lunch | South Gallery

ETHICS CREDIT

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 With the rise of computer-mediated communications in the last decade, legal scholars have de-bated 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 eval-uate current efforts, highlight existing “best practices,” and propose new models for citizen par-ticipation in agency decision making. This panel will consider both the normative question of whether agency decision making proce-dures 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 ad-dress 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 Administra-tive 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 participa-tion and accompanying legal reforms offers a novel avenue agencies may wish to explore. Fi-nally, 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.

CLE CREDIT

Ballroom GB

Thursday ● November 7, 2013

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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 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.

CLE CREDIT

Ballroom HC

1:45 pm – 3:15 pm 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 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 other-wise might affect a consumer’s purchase decision? Recent cases show a variety of stresses up-on 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?

Ballroom DEF

CLE CREDIT

3:15 pm – 3:30 pm Break | South Gallery

Thursday ● November 7, 2013

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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 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. (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 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.

CLE CREDIT

CLE CREDIT

Ballroom GB

Ballroom HC

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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

10:45 am – 11:00 am Break | South Gallery

9:00 am – 10:45 am Developments in Administrative Law, Part I Jeffrey S. Lubbers (Moderator) William Funk (Constitutional Law), Phyllis Bernard (Adjudication) 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.

Ballroom GHB

CLE CREDIT

11:00 am – 12:45 pm Developments in Administrative Law, Part 2 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) 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.

CLE CREDIT

Ballroom GHB

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) 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”

Ballroom GHB

Mashaw Stack Hart Owings

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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.

2:30 pm – 4:00 pm Rulemaking in Comparative Perspective

Jeffrey S. Lubbers (Moderator) Susan Rose-Ackerman, Neysun Mahboubi, Mariana Mota Prado, Dorit Rubinstein Reiss 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.

CLE CREDIT

CLE CREDIT

Ballroom DEF

Ballroom GHB

5:30 pm – 9:30 pm 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

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 anne.kiefer@americanbar.org.

Lubbers Herz

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 anne.kiefer@americanbar.org.

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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

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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 anne.kiefer@americanbar.org 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 alisha.dixon@americanbar.org 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) $275

Government Attorney: Program Passport (All CLE Sessions – 2 Days) $240

Non-Member: Program Passport (All CLE Sessions – 2 Days) $355

Government Attorney: Single Day Passport (All CLE Sessions for 1 Day) Indicate Selected Day: ____ Nov 7 ____Nov 8

$120

Admin Law Section Member: Single Day Passport (All CLE Sessions for 1 Day) Indicate Selected Day: ____ Nov 7 ____Nov 8

$185

Non-Member: Single Day Passport (All CLE Sessions for 1 Day) Indicate Selected Day: ____ Nov 7 ____Nov 8

$225

ANNUAL REVIEW OF DEVELOPMENTS IN ADMINISTRATIVE LAW (Parts 1 & 2, Friday Nov 8) ONLY (Members, Government, Non-Members)

$185

All Other Individual Programs (Members, Government, Non-Members) Email Program Name to alisha.dixon@americanbar.org or list here:

$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 $110

Non-Member: Dinner & Reception Nov 8 $125

TOTAL EVENT FEES $

GRAND TOTAL $

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: alisha.dixon@americanbar.org 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).