The Employment and Training Administration (“ETA”) of the U.S. Department of Labor (“Department”), proposed a controversial new rule for the Federal-State Unemployment Compensation Program. The purpose of the proposed regulation (§ 620.1) is to implement section 303(l)(A)(ii), Social Security Act (“SSA”), permitting the drug testing of Unemployment Compensation (“UC”) applicants for the use of controlled […]
The Department of Justice (“DOJ”) seeks comment on a notice of proposed rulemaking (NPRM) to amend Title III of the Americans with Disabilities Act of 1990 (“ADA”) with respect to the exhibition of movies with closed captioning and audio description. First, this regulation would explicitly require theaters to exhibit such movies “at all times and […]
This year marks the inaugural season of the ABA Academy’s Cybersecurity Core Curriculum. The Curriculum is a series of programs addressing the cybersecurity risks facing lawyers, best practices for prevention and incident response, and lawyers’ legal and ethical obligations to clients regarding data security. The next event in this series, “Moving Target: Cybersecurity Legal Requirements […]
The United States Courts (“USC”) announces public hearings of the Judicial Conference Advisory Committee and seeks comment on proposed amendments to the Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure. The USC requested that these proposals be circulated to the bench, bar, and the public for comment. The Advisory Committees on Rules of Appellate, Bankruptcy, […]
Just as we have seen in politics and other forms of policymaking, rulemakers and regulated communities are taking to social media to engage stakeholders and influence public policy. This is a tricky strategy since rulemaking does not lend itself to boiling down policies into 140 characters or less. Most proposed and final rules are well […]
The Federal Trade Commission seeks comment on the parental consent method that AgeCheq Inc. (“AgeCheq”) has suggested in accordance with the FTC’s Children’s Online Privacy Protection Rule. Congress enacted the Children’s Online Privacy Protection Act (“COPPA”), which became effective in 2000. It applies to any person or entity that collects personal information (defined as “individually […]
On August 21–22, 2014, the American Bar Association hosted the Ninth Annual Homeland Security Institute in Washington, D.C. The previous post focused on several major themes of the Institute. This week’s post will focus on issues in immigration law, which was the topic of several panels. These reflections come from the following presentations: America’s Immigration […]
Registration is open for the Section’s 2014 Administrative Law Conference at the Omni Shoreham Hotel in Washington, D.C., October 16 – 17, 2014. Agenda topics include Interpreting the APA – Text and Common Law, Where Regulation and Innovation Converge, and the Developments in Administrative Law, Parts 1 & 2. Visit our website to register. Hope […]
The United States Postal Service (“USPS”), issued a Rule document, inviting public comment on a proposed interim rule to simplify return services. The USPS proposes to reduce “customer confusion” and guarantee dependable administration by adjusting the “total annual volume thresholds” that USPS “Return Services products” have to meet in order to “qualify for Commercial Plus® […]
On August 21–22, 2014, the American Bar Association, Section of Administrative Law and Regulatory Practice hosted the Ninth Annual Homeland Security Institute in Washington, D.C. The Institute included panels on a wide variety of issues including immigration, border security, the Foreign Corrupt Practices Act, the SAFETY Act, government contracting, and the DHS priorities for the upcoming […]
The Section Government Personnel Committee is pleased to host a brown bag lunch entitled “Latest Developments at the Office of Special Counsel,” October 6, 2014, from 12:00 – 1:30 p.m. Confirmed Panelists include Louis Lopez, Associate Special Counsel, U.S. Office of Special Counsel; Shirine Moazed, Chief, Investigation and Prosecution Division, U.S. Office of Special Counsel; […]
Elisabeth Ulmer, 2014 graduate of Villanova University School of Law, recently received the Irvin Stander Award for Excellence in Administrative Law from the Philadelphia Bar Association for her contributions to Notice and Comment while in law school. Below she discusses the practical benefits of writing for Notice and Comment and how it will impact her […]
In June 2014, the Federal Trade Commission (“FTC”) proposed a rule to amend its labeling requirements under the Energy Labeling Rule. The FTC intends “to expand coverage of the Lighting Facts label, change the current label categories for refrigerators, revise the ceiling fan label design, and require room air conditioner labels on packaging instead of […]
The United States Department of Treasury’sFinancial Crimes Enforcement Network (“FinCEN”) issued a notice of finding and proposed rule. The Director of FinCEN found that FBME Bank Ltd. (“FBME”), formerly known as Federal Bank of the Middle Ease, Ltd., is a financial institution operating outside of the United States that is of primary money laundering concern. […]
Anna Williams Shavers, the Cline Williams Professor of Citizenship Law at the University of Nebraska College of Law, is preparing to take the helm of the Section for the 2014-2015 bar year. Below, she discusses her top priorities for the Section of Administrative Law and Regulatory Practice during her tenure. 1. As incoming Chair of […]