The Federalist Society

Bar Watch Bulletin August 2008

Preview of Annual Meeting

August 7, 2008

Today we offer a preview of the ABA Annual Meeting in New York City.  The meeting will take place on August 7-12, and feature a variety of panels, discussions, and CLE programs meant to broaden participants' knowledge of legal issues.  The ABA House of Delegates will also meet to consider several resolutions that, if adopted, become official ABA policy.

As we do every year, The Federalist Society will provide up to date coverage on the daily happenings at the annual meeting.  Keep an eye on your inbox, for our daily BarWatch Bulletins.  You can also see our latest edition of ABA Watch HERE.  This edition will showcase Annual Meeting highlights and other ABA activity ranging from amicus activity to public statements on important court decisions.

Policies To Be Debated Before ABA House of Delegates:

Medical Care
Recommendation 117B, proposed by the Individual Rights and Responsibilities Section, urges the ABA to oppose "all federal, state, and territorial legislation and policies that interfere with a medical provider's ability to recommend and provide, with the patient's informed consent, medical procedures that, in accordance with reasonable medical judgment, best protect the patient's health."  This recomendation comes in the wake of the Terri Schiavo case and Gonzales v. Carhart, which the section cites as instances where appropriate care was denied to a patient.

International Criminal Court
Recommendation 108A, sponsored by the ABA's Section of International Law, "urges the United States Government to expand and broaden United States interaction with the International Criminal Court (ICC),including cooperation with the Court's investigations and proceedings." The recommendation "calls on the United States Government to participate in future sessions of the ICC's governing body, the Assembly of State Parties, and preparations for the Review Conference to be held in 2010."

Correctional Facilities
The Criminal Justice Section proposes Recommendation 104B, urging all levels of federal,
state, tribal, local, and territorial governments to "develop comprehensive plans to ensure that the public is informed about the operation of all correctional and detention facilities." The recommendation calls for the establishment of "public entities that are independent of any correctional agency to regularly monitor and report publicly" on conditions within these facilities.

Racial Profiling
Recommendation 104C, sponsored by the Criminal Justice Section, the National Association of Criminal Defense Lawyers, the Commission on Immigration, and the Center for Racial and Ethnic Diversity, urges state, local, and territorial governments "to enact effective legislation, policies, and procedures, to ban law enforcement's use of racial or ethnic characteristics
not justified by specific and articulable facts suggesting that an individual may be engaged in criminal behavior, hereinafter termed 'racial profiling.'"

Voting Guidelines
Recommendation 119A, sponsored by the Standing Committee on Election Law, urges adoption of new amendments to the ABA's Election Administration Guidelines and Commentary. The proposed amendments deal with voter registrar conduct and provisional ballots.

Judicial Nominations
Recommendation 118, proposed by the Standing Committee on Federal Judicial Improvements and at least thirteen other ABA entities, proposes drastic changes in how federal judges should be selected.

Featured CLE Presentations and Panel Discussions:

"Individual Rights, Terrorism, and the Rule of Law," sponsored by the International Law Section, "will explore key legal issues in the aftermath of 9/11.  This CLE will feature a panel discussion that will address the role of international law, the rights of terror suspects, and aggresive interrogation techniques.

"Climate Change - The Growing Legal Storm," sponsored by the Section on Environment  Energy and Resources is a "don't miss" panel discussion on how growing climate regualtion efforts will affect the practice of law.

"The Second Amendment After Heller," sponsored by the the Special Committee on Gun Violence. This panel will feature Walter E. Dellinger and Alan Gura, opposing attorneys in District of Columbia v. Heller.

"Habeaus Corpus in the Wake of the Boumediene Case," will address the recent Supreme Court decision in Boumediene v. Bush, and what effect it will have on terrorism cases.  It will also discuss whether Congressional authority can limit the "great writ of habeaus corpus."

"What the Presidential Candidates Should be Saying About Judicial Selection," hosted by the Judicial Division and its Appellate Judges Conference, will consider various dimensions of the current debate over judicial confirmation.  This panel, among others, will include Kenneth W. Starr, dean and professor of Pepperdine University School of Law.

 

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Related Links

ABA Watch August 2008


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