WASHINGTON, Nov. 15, 2011 — Legal and practical issues surrounding the debt ceiling debate, immigration, labor, health care reform, energy and the environment, and national security will be on the agenda when nearly 600 lawyers meet at the American Bar Association Section of Administrative Law and Regulatory Practice 2011 Fall Conference.  The conference will take place Nov. 17–18 at the Georgetown University Hotel and Conference Center.

Elizabeth Dickinson, acting chief counsel of the Food and Drug Administration, will deliver the keynote address from noon – 1:45 p.m. on Nov. 17.

The following programs feature leading administrative law experts and highlight hot topics in the field.

“Debt Ceiling Default” – Panelists will address the valid administrative law and tax implications of the summer of 2011 debt ceiling compromise that required congressional action to reduce the deficit and to pass an appropriations bill to fund federal agencies.  The experts will also address the political dynamic and logistical consequences of the actions leading up to the compromise.
Nov. 17, 9 – 10:30 a.m., Salon AGH

“Recent Developments in Employment-based Immigration Adjudication” – The panel, which includes representatives from the Department of Justice and Department of Labor, will explore recent developments in employment-based immigration benefits programs.  Panelists will examine strategies for challenging employment-based immigration decisions in federal court, as well as discuss some common defenses raised by the government.
Nov. 17, 10:45 a.m. – 12:15 p.m., Salon D

“Administrative Law Issues in the Patient Protection and Affordable Care Act:  Prospects for Facilitating Genuine Health Reform” – Panelists will explore the basic provisions of the Patient Protection and Affordable Care Act and its associated administrative law issues.  The panel will debate the constitutionality of the act, the challenges associated with the implementation of health insurance exchanges and pending litigation in the federal courts.
Nov. 17, 10:45 a.m. – 12:15 p.m., Salon BC

“Administrative Law: Time to REIN It In, CURB It or Reform It?” – Over the past 65 years the Administrative Procedure Act has remained largely unchanged, despite significant changes to government agencies.  This panel will discuss pending legislation that may impact the administrative law landscape, including the bill on APA, the Clearing Unnecessary Regulatory Burdens Act and the Regulations from the Executive in Need of Scrutiny Act.
Nov. 17, 1:45 – 3:15 p.m., Salon AGH

“Interstate Fracking Regulation” – Rising energy prices and the pressure to develop affordable domestic fuel supplies has resulted in natural gas and oil companies using hydraulic fracturing technology to extract natural gas and oil from shale substrate in various locations throughout the United States.  Panelists will discuss new “fracking” regulations promulgated under an interstate compact by the Delaware River Basin Commission.
Nov. 17, 1:45 – 3:15 p.m., Salon D

“So Someone Objects To Your New Client” – At a time when many are concerned about partisan behavior and the inability to reach compromises on important matters, lawyers are considering questions such as “How will representing an unpopular client or position affect current and future business opportunities?”  Leading experts in the field will explore the ethical and practical aspects of lawyer representation.
Nov. 17, 3:30 – 5 p.m., Salon D

“The Consumer Financial Protection Bureau” – Panelists will discuss the regulatory approach of the Consumer Financial Protection Bureau implementation with respect to specific markets, such as mortgage, credit card, college loan, checking and payday lending.  Parallel efforts by other governmental agencies and consumer advocacy groups to deal with the aftermath of the financial crisis will also be explored.
Nov. 17, 3:30 – 5 p.m., Salon BC

“Administrative Law Goes to War” – The panel will discuss the role of district and appellate courts in reviewing decisions of the executive branch and the military in the ongoing war against al Qaeda.  In so doing, the panel will look at how traditional administrative law principles relating to deference, statutory interpretation and standards of review apply in this context.  The court will also consider issues such as standing and political question in war powers cases.

Panelists include:

• Judge Brett Kavanaugh, U.S. Court of Appeals, D.C. Circuit
• Judge John D. Bates, U.S. Court for the District of Columbia
• Benjamin Wittes, senior fellow, Governance Studies, Brookings Institute

Nov. 18, 3:30 – 5 p.m., Salon AGH

Additional information as well as a link to the full agenda can be found online.

There is no charge for media covering this event. For media credentialing and conference materials, or to interview speakers, please contact Maria Gutierrez at 202-662-1091 or Maria.Gutierrez@Americanbar.org.

With nearly 400,000 members, the American Bar Association is the world’s largest voluntary professional membership organization.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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