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Constitutionality of Recess Appointments in the Spotlight at ABA Administrative Law Institute

Constitutionality of Recess Appointments in the Spotlight at ABA Administrative Law Institute

By Edward McEneely

WASHINGTON, D.C., March 22, 2013 — Controversy surrounding the validity of recess appointments is at the forefront of the American Bar Association’s ninth annual Administrative Law and Regulatory Practice Institute April 3 – 4 at the Capital Hilton in Washington, D.C.  Experts will discuss a recent appeals court ruling regarding National Labor Relations Board appointments and other issues at a panel titled “Hot Topics in Regulation: Judicial Developments, Executive Branch Developments and Recess Appointments” from 11 a.m. to 12:30 p.m. on Thursday, April 4.

At this conference, other panels will highlight critical issues in regulation, including the reach of regulatory authority, third-party regulatory compliance programs for federal agencies and new technologies for the practice of rulemaking.

Program highlights include:

“Proposals to Extend OIRA Review to Independent Agencies” — A panel of government lawyers, private practitioners and academics will discuss the merits of recently proposed legislation to explicitly authorize review by the Office of Information and Regulatory Affairs to be expanded to independent agencies.

April 4, 9:15 – 10:45 a.m.

“Hot Topics in Regulation: Judicial Developments, Executive Branch Developments and Recess Appointments” — A panel of experts will cover significant court cases in the rulemaking and regulatory practice over the past year, with special attention on the recent opinion by the D.C. Circuit in which President Obama’s recess appointments to the NLRB were declared invalid (Canning v. NLRB).

April 4, 11 a.m. – 12:30 p.m.


“What Technology Can Do For Rulemaking” 
— A panel of attorneys with insight into new information and communication technologies will focus its discussion on three successful applications of technology within the rulemaking process, including: (1) the similarities and differences between the Department of Transportation’s and Department of Homeland Security’s rulemaking management systems; (2) U.S. Fish and Wildlife Service’s DiscoverText software to sort and identify unique text in mass email comments; and (3) the use of Web 2.0 techniques to pick the right rules and tools for successful e-participation.

April 4, 3:45 – 5:15 p.m.

What: Ninth Annual Administrative Law and Regulatory Practice Institute:

Critical Issues in Regulation

Sponsored by the ABA Section of Administrative Law and Regulatory Practice

When: Wednesday, April 3 – Thursday, April 4

Where: Capital Hilton

1001 16th St. N.W.

Washington, D.C. 20036

For a complete list of conference panels and speakers, please click here.

For media credentialing, please contact Kati Rutherford at Kati.Rutherford@americanbar.org. This event is free and open to members of the press.

With nearly 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world.  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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