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July 23, 2019 Section News

2019 Annual Meeting, August 8-11, 2019: CLE INFORMATION

2019 Annual Meeting, August 8–11, 2019, ABA State and Local Government Law Section Event Calendar

Hilton San Francisco • Union Square • 333 O’Farrell St.

THURSDAY, August 8, 2019

12:00 p.m. to 1:00 p.m.

AGDJ Committee Meeting

Foley & Lardner LLP, 555 Californnia Street, Suite 1700

Dial-in: 866.646.6488; enter code: 476.263.2730#

12:00 p.m. to 1:00 p.m.

Young Lawyers Committee Conference Call

Dial in: 866.646.6488; enter code: 606.576.8852#

1:15 p.m. to 2:15 p.m.

Executive Committee Meeting

Foley & Lardner LLP, 555 California Street, Suite 1700

Dial in: 866.646.6488; enter code: 476.263.2730#

2:30 p.m. to 4:00 p.m.

Local Land Use Determinations and Federal Courts— Will Williamson County Survive?

Foley & Lardner LLP, 555 California Street, Suite 1700

The Supreme Court’s Williamson County doctrine (1985) has been interpreted to make it almost impossible for local land use determinations to be challenged as regulatory takings in federal court. But, in Knick v. Township of Scott (17-647) the Court is considering whether property owners can bypass state proceedings and immediately contest local zoning and similar constraints in U.S. district court. This might result in injunctions against localities and monetary damages against public officials. More broadly, it might affect the balance between private property rights and government’s police power.

Moderator:

Steven J. Eagle, Professor Emeritus, Antonin Scalia Law School at George Mason University, Arlington, VA

Speakers:

Brian T. Hodges, Pacific Legal Foundation, Sacramento, CA, on brief for Petitioner

Nicole Rinke, California Department of Justice, Sacramento, CA, submitted amicus brief on behalf of states in support of Respondents

Teresa Ficken Sachs, Marshall Dennehey Warner Coleman & Goggin, Philadelphia, CA, argued for Respondent Township of Scott

Paul Utrecht, Utrecht & Lenvin, LLP, submitted amicus brief on behalf of Petitioner

4:15 p.m. to 5:45 p.m.

Taking a Bite Out of Blight: Effective Legal Tools and Innovative Strategies in the Battle to Reuse Problem Properties Foley & Lardner LLP, 555 Californnia Street, Suite 1700

Problem properties, both vacant and occupied, undermine neighborhood vitality and are a source of constant frustration to lawyers working to stabilize and rebuild neighborhoods. In recent years, creative and diverse legal tools and strategies have emerged in many states and municipalities, enabling lawyers to overcome obstacles to successful anti-blight efforts, while managing legitimate legal concerns. This session will introduce several of these tools using best practice examples and help lawyers understand what it will take to replicate these strategies.

Moderator:

Dwight Merriam, Esq., Weatogue, CT

Speakers:

Jessica Bacher, Executive Director, Land Use Law Center and Professor, Pace Law School, White Plains, NY

Lin A. Chin, Esq., Special Projects Manager, Hello Housing, Oakland, CA

Amber Knee, Urban Planner, Bicycle and Greenway Program, New York City Department of Transportation

6:00 p.m. to 7:00 p.m.

Networking Reception with Judicial Division

Jasper’s Corner Tap and Kitchen, 401 Taylor Street

(ticketed: $35/person w/ Annual Meeting registration)

FRIDAY, August 9, 2019

8:00 a.m. to 9:00 a.m.

Council Meeting and Publication Presentations

San Francisco Marriott Marquis, Sierra Suite C

Dial in: 866.646.6488; enter code: 476.263.2730#

9:00 a.m. to 10:30 a.m.

Unintended Consequences: Examining the Disparate Impact of the Administration of Student Discipline on Students of Color and Students with Disabilities

San Francisco Marriott Marquis, Yerba Buena Salon 10

On January 8, 2014, the U.S. Department of Education (DOE) issued guidance designed to assist elementary and secondary institutions in meeting their obligations under Federal law to “administer student discipline without discriminating on the basis of race, color, or national origin.” In essence, the guidance places educational institutions on notice if they enforced intentionally discriminatory rules or if their policies lead to disproportionately higher rates of discipline for student in one racial group, even if the policies were written without discriminatory intent. On December 18, 2018, the Federal Commission on School Safety, led by U.S. Secretary of Education Betsy DeVos, recommended that the discipline guidance issued in 2014 be rescinded by the DOE. Given this turn, the question becomes, “how do educational institutions work to ensure that their disciplinary processes are administered in such a way that they do not disproportionately impact students of color and students with disabilities”? In this panel, the speakers will provide an overview of the rescinded disciplinary guidance and explain, from their unique perspectives as a member of the board of education for a large school district, a civil rights attorney, and an educational advocate, the impact of the decision to roll back the guidance and how the disciplinary processes in education could serve as another example of implicit bias that works to contribute to the school to prison pipeline.

Moderator:

Erika D. Robinson, Associate General Counsel, Shelby County Schools, Greater Memphis Area, TN

Speakers:

Jackie Byers, Director, Black Organizing Project (BOP), Oakland, CA

Abre Conner, Staff Attorney ACLU of Northern California (ABA YLD Parliamentarian)

Alex M. Johnson, Program Director, The California Wellness Foundation and member of Los Angeles County Board of Education

Potential Collaborative Event Sponsor:

Council for Racial and Ethnic Diversity in the Legal Education Pipeline

Section of Civil Rights and Social Justice

Coalition on Racial and Ethnic Justice

Reference Materials:

U.S. Department of Education, Dear Colleague Letter on the Non-discriminatory Administration of Student Discipline, https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201401-title-vi.pdf

Federal Commission on School Safety Report, https://www.ed.gov/school-safety/?src=feature

Camera, Lauren “White House Scrap Obama Era School Discipline Guidance, https://www.usnews.com/news/education-news/articles/2018-12-18/white-house-scrap-obama-era-school-discipline-guidance

9:00 a.m. to 11:00 a.m.

SOC Membership Meeting

10:45 a.m. to 12:00 p.m

The Just-Ended Supreme Court Term in Review

San Francisco Marriott Marquis, Yerba Buena Salon 10

Court in Transition?

A review of the major decisions of the U. S. Supreme Court’s 2018 term (Oct. 2018–June 2019), with analysis of how (and whether) the two new Justices are changing the Court’s direction.

Moderator:

William Hurd, Troutman Sanders, Richmond, VA

Speakers:

Dominic E. Draye, Shareholder at Greenberg Traurig, LLP, formerly Solicitor General of Arizona (former law clerk for Judge Edith H. Jones, Fifth Circuit Court of Appeals), Phoenix, AZ

Misha Tseytlin, Partner at Troutman Sanders, formerly Solicitor General of Wisconsin and West Virginia (former law clerk for Justice Anthony Kennedy), Chicago, IL

Caroline S. Van Zile, Deputy Solicitor General, Office of the Attorney General for the District of Columbia (former law clerk for Justice Anthony Kennedy and Judge Brett M. Kavanaugh, D.C. Circuit Court of Appeals), Washington, DC

12:00 p.m. to 2:00 p.m

Jefferson B. Fordham Awards Luncheon

E & O Kitchen and Bar

In 1998, the ABA Section of State and Local Government Law was inspired to establish the Jefferson B. Fordham Awards to honor the accomplishments of practitioners and institutions active in the varied areas of practice associated with State and Local Government Law.

Keynote Speaker:

(to be announced)

The 2019 Jefferson Fordham Honorees:

Elisia C. Frazier

Frank Schnidman

Knox County Public Defender’s Community Law Office

(This is a ticketed event at $75. Please purchase tickets through ABA Annual Meeting registration site.)

12:00 p.m. to 1:30 p.m.

SOC Chairs and Chairs-Elect Meeting

2:00 p.m. to 3:30 p.m.

The 19th Amendment Then and Now: Lessons for the

21st Century CLE

San Francisco Marriott Marquis, Yerba Buena Salon 10

The Centennial of the 19th Amendment provides the legal profession the opportunity to celebrate 100 years of women’s constitutional right to vote, educate the public about the Nineteenth Amendment and the battle for women’s suffrage, and promote laws that ensure women’s full and equal exercise of their right to vote and to participate in our democracy. This panel discussion will use the Centennial as point of entry to explore the legacies of the Amendment and engage in provocative conversations about how to ensure full and equal exercise of the right to vote for all.

Moderator:

(to be announced)

Speakers:

Harmeet K. Dhillon, San Francisco lawyer, RNC National Committeewoman, legal commentator, Fox News

Daniel R. Ortiz, Michael J. and Jane R. Horvitz Distinguished Professor of Law and Director, Supreme Court Litigation Clinic, University of Virginia Law School

Sherrilyn Ifill, NAACP Legal Defense Fund (invited)

Co- Sponsors:

Section of Civil Rights and Social Justice,

Standing Committee on Election Law, Division for Public Education, Office of the President, Commission on Women in the Profession, Coalition on Racial and Ethnic Justice, Standing Committee on the Law Library of Congress

4:00 p.m. to 5:30 p.m.

SOC Business Meeting

6:00 p.m. to 7:30 p.m.

Chair-Elect’s Reception

Jasper’s Corner Tap and Kitchen, 401 Taylor Street

(RSVP through the Annual Meeting registration)

SATURDAY, August 10, 2019

8:00 a.m. to 9:00 a.m.

Membership Committee / Diversity Committee / OneABA

Hilton San Francisco Union Square, Union Square 25

9:00 a.m. to 10:30 a.m.

Land Use Committee

Hilton San Francisco Union Square, Union Square 21

10:30 a.m. to 11:30 a.m.

POB/CAB/ULAB Hilton San Francisco Union Square, Union Square 25

Dial in: 866.646.6488; enter code: 476.263.2730#

11:30 a.m. to 12:15 p.m.

All Committees’ Meeting – Conference Planning Hilton San Francisco Union Square, Union Square 22

1:00 p.m. to 2:00 p.m.

Earth, Wine, and (Wild) Fires CLE with tour

Hilton San Francisco Union Square, Taylor Street Entrance

In the aftermath of the NorCal wildfires, surviving residents and businesses faced a wide variety of legal problems and barriers to recovery. In this unique CLE program, attendees will learn about the devastating fires, understand the framework for providing post-disaster legal services, and learn about disaster recovery and resiliency issues, from insurance to consumer fraud to FEMA assistance. Panelists will present on a chartered bus departing from downtown San Francisco, while en route to Merriam Wineries for a tour and a tasting.

Moderator:

Linda Stanley, YLD Disaster Legal Services

Speakers:

Tiela Chalmers, Chief Executive Officer and General Counsel of the Alameda County Bar Association and its Volunteer Legal Services Corporation

Robert Thomas, Damon Key Leong Kupchak Hastert, Honolulu, HI

2:00 p.m. to 3:30 p.m.

Merriam Winery Tasting and Tour, pricing includes bus transportation Bus boards at Hilton San Francisco Union Square, Taylor Street Entrance at 12:30 p.m.; 4:00 p.m. return to San Francisco

4:00 p.m. return to San Francisco

SUNDAY, August 11, 2019

8:00 a.m. to 10:00 a.m.

Council Meeting & Nominating Committee Report

Hilton San Francisco Union Square, Continental Boardroom 1

Dial in: Conf: 866.646.6488; enter code: 476.263.2730#

12:00 p.m. to 2:00 p.m.

Margaret Brent Women Lawyers of Achievement Awards Luncheon

(Contact Marsha Boone, [email protected], to purchase Section table tickets: $87.50 each)

1:30 p.m. to 4:00 p.m.

Section Delegates’ Business Meeting

For more information, visit

http://ambar.org/statelocal

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