Notice & Comment

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Notice & Comment

Section Member Testifies Before House Energy and Commerce Subcommittee

Randolph May, past Chair of the ABA Section of Administrative Law and Regulatory Practice, testified at a hearing on “Improving FCC Process” before the House Subcommittee on Communications and Technology, Committee on Energy and Commerce, on Thursday, July 11, 2013. In his testimony, Mr. May supports the proposed FCC regulatory reforms contained in the Committee’s […]

Notice & Comment

House Subcommittee Holds Hearing on the Regulatory Accountability Act, by Lynn White

On July 9, 2013, the House Committee on the Judiciary, Subcommittee on Regulatory Reform, Commercial and Antitrust Law held a hearing on H.R. 2122 (S. 1029), the Regulatory Accountability Act of 2013.  The bill would update the Administrative Procedures Act to reform how agencies promulgate regulations. During the 109th Congress, the Subcommittee on Commercial and […]

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Agencies Seek to Engage Youth and Veterans in Protecting Public Lands, by Shannon Allen

On behalf of the America’s Great Outdoors Council, Secretary Jewell, of the Department of the Interior (“DOI”), formed a Federal Advisory Committee (“FACA”) to develop recommendations for the establishment of the 21st Century Conservation Service Corps (“21CSC”) National Council.  The 21CSC is a “bold national effort” to give America’s “youth and veterans” important work “protecting, […]

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Baby Veronica Case Creates Confusion Regarding Indian Child Welfare Act, by Katherine Kennedy

The Supreme Court’s recent decision in Adoptive Couple v. Baby Girl created confusion concerning tribal sovereignty. The 1978 Indian Child Welfare Act (ICWA), the statute at issue, is intended to keep Native American children from being taken from their homes and typically placed with non-Native American adoptive or foster parents, in an effort to preserve […]

Notice & Comment

Meet Jeffrey Lesk, Managing Partner at Nixon Peabody Washington, DC Office, by Nina Hart

Meet Jeffrey Lesk, managing partner at Nixon Peabody in Washington, DC. Below, he discusses the interactions between public and private entities, and provides insights on effective lawyering to practitioners and law students. 1. Where do you work now and what led you to a career in law? I’m the Managing Partner of the Nixon Peabody […]

Notice & Comment

Department of Veterans Affairs seeks Veteran Law Judge, by Dominique Scalia

The Department of Veteran Affairs, Board of Veterans Appeals in Washington, DC seeks Veteran Law Judges for numerous vacancies. The deadline for applying is July 3, 2013. The salary range for the position is $129,065.00 to $138,878.00 per year. Responsibilities: Managing, mentoring, training, developing and leading staff counsel; Reviewing requests for and determining whether statutory and regulatory provisions […]

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OPM To Provide Flag Benefit For Fallen Federal Civilian Employees, by Shannon Allen

The U.S. Office of Personnel Management (“OPM”), in coordination with the U.S. Department of Defense (“DOD”) and the U.S. Department of Homeland Security (“DHS”), seeks comment on proposed regulations to implement the Civilian Service Recognition Act of 2011 (the “Act”) which would support the government in administering a “flag recognition benefit” for“fallen Federal civilian employees.” Congress passed this Act in order to recognize that Federal civilian employees are […]

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Free State Foundation Comments on City of Arlington Decision, by Katherine Kennedy

Notice and Comment is pleased to share the following article by Randolph J. May, the President and Founder of The Free State Foundation, on the Supreme Court’s recent opinion in City of Arlington, Tex. v. F.C.C.. The Free State Foundation is an independent, non-profit, Section 501(c)(3) free market-oriented think tank founded in 2006. As we wrote […]

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Supreme Court Takings: A First Look at Koontz and Horne, by Dominique Scalia

Join the Section of Administrative Law and Regulatory Practice as it co-hosts a webiner and teleconference on two 2012 reglatory takings cases, Koontz v. St. Johns River Water Management District, and Horne v. U.S. Department of Agriculture. A panel of legal scholars and expert practitioners will discuss the rulings and how they will impact your […]

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SEC Argues For Continued Authority To Obtain Emails Directly From ISPs, by Shannon Allen

The Electronic Frontier Foundation’s (“EFF’s”) March 18, 2013 article reported on the “first hearing in what many . . . hope will be a successful update to the archaic Electronic Communications and Privacy Act (“ECPA”) in this year’s Congress.”  In his press release, Senator Leahy, said he had “worked to make sure . . . […]

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BALCA Overrules Long-Standing HealthAmerica Precedent, by Adam J. Rosen

The Board of Alien Labor Certification Appeals has recently issued a potentially groundbreaking decision in Sushi Shogun, 2011-PER-02677 (May 28, 2013), directly overruling HealthAmerica, 2006-PER-00001 (July 18, 2006) (en banc).  Sushi Shogun started with the filing of an ETA Form 9089, Application for Permanent Employment Certification, (“the Application”), for Labor Certification under 8 USC § 1182(a)(5)(A).  […]

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Millennium Challenge Corporation seeks Senior International Attorney, by Dominique Scalia

The Millennium Challenge Corporation is seeking a Senior International Attorney for the Washington, DC office.  The deadline for applying is June 25, 2013.  The salary range is $115,000 to $158,000 per year.  Applicants must have at least four years of international transactional experience as an attorney. Responsibilities: If selected for this position, you will be […]

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8th Annual Homeland Security Law Institute Starts Tomorrow! by Dominique Scalia

Registration is still open for the Section’s 8th Annual Homeland Security Law Institute. The main program will be held June 20 and 21 at the Capital Hilton in Washington, DC. Pre-program workshops are also offered on Wednesday, June 19 at the law firm of Greenberg Traurig LLP, covering “Careers in Homeland Security” and “Homeland Security […]

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Meet Dr. Helen Boutrous, Department Chair at Mount St. Mary’s College, by Lynn White

As promised, we are delighted to spotlight Dr.Helen Boutrous, Chair of the History and Political Science Department at Mount St. Mary’s College in Los Angeles, in the second part of our feature on the Boutrous family.  The Boutrous’ met while attending the University of San Diego School of Law where they shared a mutual passion […]