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Administrative Law and Agency Practice Section Annual Report 2009-10

Since our last report in January 2009, the Administrative Law and Agency Practice Section has offered or cosponsored a number of successful programs, and has engaged in community outreach and other activities, as detailed below.

Leventhal Lecture
May 13, 2009: The section sponsored its annual Harold Leventhal Lecture in Administrative Law, which was cosponsored by the Prettyman–Leventhal Inn of Court. This year's event featured Honorable Harry T. Edwards, former Chief Judge and current Senior Judge of the United States Court of Appeals for the D.C. Circuit. Judge Edwards’ lecture was based on an upcoming law review article entitled “Pitfalls of Empirical Studies That Attempt to Understand the Factors Affecting Appellate Decisionmaking.” (58 DUKE L.J. 1895 (2009)). Focusing on the shortcomings of empirical studies of appellate decision–making, Judge Edwards discussed those aspects of adjudication which are not, and can not, be measured by such studies. Judge Edwards rejected the proposition that empirical evidence demonstrates the influence of political and ideological beliefs on appellate decisions. He attacked the studies’ failure to take into account unpublished unanimous opinions or the effect of precedent, to distinguish between different types of cases, and to consider the standards of review, oral arguments, and constitutional implications that inform each deliberation. In addition, Judge Edwards discussed other aspects of judicial deliberation, which are incalculable–often hidden behind chamber walls – and, therefore, ignored by empirical studies of appellate decision–making.

Kate Gehringer was the primary organizer of this event. Ilene Heller introduced Judge Edwards. There were over 60 members of the D.C. Bar in attendance.

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Topical Programs:

February 26, 2009: Cosponsored with the Energy, Environment and Natural Resources Section a discussion panel entitled: “’Midnight Rules’ At the Dawn of a New Administration: What can Congress and the Obama Administration do with Regulations Promulgated at the End of the Bush Administration?” Panel included Mort Rosenberg, Gary Bass and Thomas Myers. Kelly Johnson (EENR Section) moderated.

October 22, 2009: Cosponsored discussion panels on “Lobbying in the Obama Administration” and “What is Next for Lobbying Regulation?” at the ABA Administrative Law and Regulatory Practice Annual Meeting. Michael Stern helped organize the first panel.

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General Counsel Luncheon Series:

April 30, 2009. Senate Legal Counsel Morgan Frankel. Michael Stern organized and served as moderator. There were approximately 20 attendees.

September 29, 2009. Scott Blake Harris, General Counsel, U.S. Department of Energy. Kate Gehringer organized this event. There were over 50 attendees.

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Upcoming Programs:

November 4, 2009: General Counsel Luncheon Series with Jeh C. Johnson, General Counsel, U.S. Department of Defense. This event will take place from 12:15 p.m. to 1:30 p.m. at WilmerHale, 1875 Pennsylvania Avenue Jonathan Cedarbaum will moderate.

December 9, 2009 (tentative): General Counsel Luncheon Series with George Madison, General Counsel, U.S. Department of the Treasury. Jonathan Cedarbaum will moderate.

March 2010 (tentative): Program on the States Secrets Privilege. Ed Huddleston is organizing.

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Other Programs:

The section has continued its efforts to offer an expanded array of CLE programs and cosponsored programs organized by other sections to our members.

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Community Outreach:

This year, the section continued its contribution to the District of Columbia Office of Administrative Hearings by sponsoring an intern for the spring semester. The section also participated in the Youth Law Fair sponsored by the D.C. Bar.

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