Notice & Comment

Request for Panel Proposals for the 2024 ABA Administrative Law Fall Conference

ABA

Thank you for your wonderful support in making the 2023 Administrative Law Section Fall Conference another great success. We conducted a Qualtrics survey of all attendees and speakers at the 2023 Conference, and results indicated a majority preference for a Virtual Conference in 2024. As a result, we are planning to again hold a virtual conference on November 7-8, 2024.

We have begun the development of panels for the 2024 Conference. We expect to have eighteen panels on various topics. In particular, we would like to include panels on the following topics:

  1. the state of deference after Loper Bright / Relentless, including what the decision means for earlier cases/interpretations, how agencies could/should respond to the Court’s decision, and what will happen in the lower courts;
  2. time bars in administrative law cases after a decision in Corner Post;
  3. appropriations and other implications of CFPB v. CFAA;
  4. the latest on the major questions doctrine;
  5. what happens in a presidential transition, looking at OIRA, a possible regulatory freeze, or a second Presidential term; and
  6. artificial intelligence in regulations.

We invite you to submit a panel proposal on any of the above topics. In addition, below, we include suggested topics from last year’s attendees and a list of ideas and themes to inspire you, although we invite you to develop your own ideas as well. Finally, we will have four ‘101’ panels, two ethics panels, and our hugely popular Developments panels.

We generally receive more proposals than we can accommodate. When making our final selections, preference will be given to complete panel proposals with topics that are of general administrative law interest (rather than those of narrower substantive fields). Successful panel proposals will include speakers from both the private and public sectors and offer diverse points of view. Further, they will identify the CLE material to be provided to attendees (including at least 20 pages of original, substantive PowerPoint slides or their equivalent). Panel participants receive complimentary admission to conference proceedings on the day of their presentation.

To organize a panel, please complete the panel proposal form. To be considered, a completed form with all information should be submitted by 5:00 PM June 30, 2024. Please submit your panel proposal(s) to Anne Kiefer (Anne.Kiefer@americanbar.org). We very much appreciate your time and look forward to your panel proposal.

Thank you!!

Bridget C.E. Dooling
Assistant Professor of Law, The Ohio State University,
Michael E. Moritz College of Law

Andrew Emery
President, The Regulatory Group, and Executive Chair, DocketScope, Inc.

Susan M. Prosnitz
Deputy Chief Counsel for Regulations and Security Standards, Office of Chief Counsel Transportation Security Administration

Christopher J. Walker
Professor of Law, University of Michigan Law School

Ideas and themes that may inspire your panel topics for the 2024 Administrative Law Fall Conference.

The following list is not meant to be exclusive, but to help brainstorm potential panel topics. Feel free to suggest other topics!

  1. Changes to administrative law and regulatory practice under the Biden Administration
  2. Current events in administrative law including hot topics in regulatory fields such as financial regulation, immigration, IP, and environmental regulation
  3. Future of Administrative Law – The APA – Where are we Going? Challenges to and the future of the professional civil service, ALJ/AJ issues such as adjudicator independence; ALJ adjudication; admin law updates; appointments; and removal of officers and ALJ’s
  4. Agency adjudication procedures; or an ALJ panel on practice in a post-pandemic world
  5. Practice-oriented guidance for government and/or private sector attorneys covering issues such as OMB review, preemption, copyright, the importance of the RIA, developing the administrative record, and pursuing enforcement cases, separation of powers, Chevron vs. MQD discussion, interplay between the 3 branches, Role of courts in the administrative state, ranging from judicial deference doctrines, nondelegation doctrine, reviewability, and remedies (such as nationwide injunctions and remands without vacaturs)
  6. Future of independent agencies and related appointments clause issues
  7. Ethics in government (or related professional responsibility topics such as the role of the federal agency attorney)
  8. Agency guidance and related sub-regulatory activities and internal administrative law
  9. Compliance with specific procedural statues including Paperwork Reduction Act (overview panel or best practice for agency attorneys); Freedom of Information Act; Privacy Act and Regulatory Flexibility Act
  10. Ex Parte communications
  11. Technology to help government and private sector attorneys: E-discovery, e-rulemaking, data management, generative AI
  12. Current administrative law litigation, major decisions from the U.S. Supreme Court, DC Circuit, and other federal courts of appeals
  13. Role of Congress in the administrative state, including substantive legislation, appropriations, or oversight
  14. Role of OIRA/OMB: cost-benefit analysis, centralized regulatory review, regulatory impact assessments, etc.
  15. Developments in state administrative law
  16. Regulation – discussion of Agency and Academic perspectives
  17. Federal appropriations law and the budget
  18. Intersection of administrative law with federal sector employment law
  19. A comparative law discussion of how rulemaking is handled in other countries including whether they have a legal regime analogous to the APA’s notice and comment rulemaking and additional procedural requirements (for ex. NEPA, 12866, etc.) beyond statutory requirements?
  20. Energy law, e.g., permitting issues relating to energy development activities
  21. Regulation of emerging technologies, e.g., Drones, autonomous vehicles
  22. Cyber security, National security
  23. Government transparency, FOIA, etc.
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