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Rulemaking Challenges from New Health Care Bill, Struggles Among Agencies, Focus of ABA Rulemaking Institute

WASHINGTON, D.C. May 26, 2010 – Federal rulemaking authority has changed under recent administrations.  Will the future include more hybrid rulemaking, or trend toward a more formal process?  The already signed health care legislation and the still pending financial regulatory reform bill raise many questions and challenges with regard to federal rulemaking.

During the American Bar Association’s Sixth Annual Administrative Law and Regulatory Practice Institute on Rulemaking, to be held June 1, distinguished experts will address recent judicial and administrative developments in rulemaking, formal and hybrid rulemaking, the effects of technology on rulemaking and more.

Featured keynote speakers include: Cass Sunstein, administrator, Office of Information and Regulatory Affairs, Office of Management and Budget, who will give opening remarks at 8:45 a.m. on “Humanizing Cost-Benefit Analysis;” and Paul Verkuil, chair, Administrative Conference of the United States, will speak during the luncheon program, which starts at 12:30 p.m.

During “Rulemaking and the Courts,” David J. Sentelle, chief judge, and Judge Brett Kavanaugh, both of the U.S. Court of Appeals for the D.C. Circuit, will address such topics as standards of review, effective advocacy before the court and what factors make regulation vulnerable to litigation.

Other featured panelists include: Neil Eisner, assistant general counsel, Office of Regulation and Enforcement, U.S. Department of Transportation; Michael Fitzpatrick, assistant administrator, OIRA, OMB; Curtis Copeland, specialist in American national government, Congressional Research Service; and Carly Steier, Senate Homeland Security and Governmental Affairs Committee.

The conference will be held at the Capital Hilton, 1001 16th St., N.W., Washington, D.C., from 8:30 a.m. to 5:30 p.m. To view a full agenda and list of panelists, please go to the Administrative and Regulatory Practice Law website.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization 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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