Monday, January 27, 2014

Resolutions at the ABA House of Delegates

The House of Delegates will consider a number of resolutions at its meeting, beginning on Feb. 6. Here is a summary of the proposals. If you have an interest in any of them, you may want to contact your state delegates to the House.

10A                 BAR ASSOCIATION OF SAN FRANCISCO, SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES, COMMISSION ON SEXUAL AND DOMESTIC VIOLENCE COMMISSION ON WOMEN IN THE PROFESSION

Urges Congress to enact legislation that creates and adequately funds alternative avenues of redress for victims of unwanted sexual contact in the military.

 100                 NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM     STATE LAWS

Approves the Uniform Powers of Appointment Act, promulgated by the National Conference of Commissioners on Uniform State Laws, as an appropriate Act for those states desiring to adopt the specific substantive law suggested herein.

 

101                 STANDING COMMITTEE ON PARALEGALS

                        Grants approval and reapproval to several paralegal education programs, withdraws the approval of one program at the request of the institution, and extends the term of approval to several paralegal education programs.

 102A               SECTION OF BUSINESS LAW

                        Urges governmental bodies to engage in actions designed to reduce unnecessary tension, expense and litigation, and to foster inter-court, inter and intra-agency, and inter-party cooperation and coordination in cases where parallel actions or proceedings arise under both (i) bankruptcy or insolvency law and (ii) asset forfeiture or analogous regulatory enforcement law. 

102B              SECTION OF BUSINESS LAW, TASK FORCE ON HUMAN TRAFFICKINGDELAWARE STATE BAR ASSOCIATION, SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES, CRIMINAL JUSTICE SECTION, SECTION ON ENVIRONMENT, ENERGY AND RESOURCES, SECTION OF PUBLIC CONTRACT LAW, COMMISSION ON YOUTH AT RISK

Adopts the black letter ABA Model Business and Supplier Policies on Labor Trafficking and Child Labor, dated February 2014, and urges businesses to adopt and implement their own business and supplier policies on labor trafficking and child labor that are consistent with the ABA Model.

 103A               CRIMINAL JUSTICE SECTION, SECTION OF STATE AND LOCAL GOVERNMENT LAW

                        Urges governments to ensure that juveniles are provided effective appellate representation and have access to appeals consistent with state statutes and/or state constitutional provisions. 

103B              CRIMINAL JUSTICE SECTION, DEATH PENALTY REPRESENTATION PROJECT, SECTION OF STATE AND LOCAL GOVERNMENT LAW

                        Urges state governments to apply generally applicable administrative procedure acts’ notice-and-comment rule-making provisions to regulations governing correctional facilities and officers.

 104                 STANDING COMMITTEE ON SPECIALIZATION

                        Reaccredits the Criminal Trial Advocacy and Family Law Trial Advocacy programs of the National Board of Trial Advocacy as designated specialty certification programs for lawyers for an additional five-year term, and extends the period of accreditation of the Child Welfare Law program of the National Association of Counsel for Children until August 2014. 

 105                 SECTION OF INTERNATIONAL LAW

                        Supports modernization and simplification of the requirements and procedures related to verification of signatures in cross-border contexts.      

 106                 STANDING COMMITTEE ON JUDICIAL INDEPENDENCE

                        Encourages governments to adequately fund judicial system security protocols and urges courts to create and review judicial system security protocols so that they may effectively communicate their needs to policymakers and appropriators.             

107                 COMMISSION ON HOMELESSNESS AND POVERTY, SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES

                        Urges governments to promote the human right to adequate food and nutrition for all through increased funding, development and implementation of strategies to prevent infringement of that right. 

108A               SECTION OF INTELLECTUAL PROPERTY LAW

                        Opposes the proposed “Innovation Act” of the 113th Congress (H.R. 3309) or other similar legislation that would circumvent the judicial rulemaking process set forth in the Federal Rules Enabling Act (28 U.S.C. §§ 2071 – 2077).

 108B              SECTION OF INTELLECTUAL PROPERTY LAW

                        Opposes a mandatory award of attorney fees to the prevailing party in a civil action arising under the patent laws of the United States and supports the discretionary authority of federal district courts to award attorney fees to the prevailing party in a patent case in circumstances that are less restrictive than those currently required by judicial precedent.

 108C              SECTION OF INTELLECTUAL PROPERTY LAW

                        Supports amendment of patent law to reduce the estoppel effect of an adverse ruling to a challenge to a patent in a Patent Office administrative proceeding and opposes changing the standard for construing claims in two types of Patent Office administrative proceedings.

 109A               COMMISSION ON YOUTH AT RISK, COMMISSION ON HOMELESSNESS AND POVERTY

                        Urges governments to enact and implement legislation and policies which prohibit youth from transitioning from foster care to a status of homelessness, or where a former foster youth will lack a permanent connection to a supportive adult.

 109B              COMMISSION ON YOUTH AT RISK

                        Urges lawyers, law schools and bar associations to adopt trauma-informed, evidence-based approaches and practices on behalf of justice system-involved children and youth who have been exposed to violence, including victims of child abuse and neglect or other crimes and those subject to delinquency or status offense proceedings.

 110                 SENIOR LAWYERS DIVISION, COMMISSION ON LAW AND AGING, SECTION OF REAL PROPERTY, TRUST AND ESTATE LAW

                        Urges Congress to enact the Improving Access to Medicare Coverage Act of 2013 (H.R. 1179) (S. 569), or similar legislation, that deems an individual receiving outpatient observation care services in a hospital to be an inpatient with respect to satisfying the three-day inpatient hospital stay requirement for Medicare coverage of a post-hospitalization stay in a skilled nursing facility.               

 177C              BOARD OF GOVERNORS

Recommends that membership dues be increased effective with Fiscal Year 2014-2015 and further recommends that in [each of the fiscal years 2016, 2017 and 2018,] the dues levels of each of the categories affected shall be increased by an amount equal to the Cost of Living Increase, as the Board of Governors in its discretion may determine annually, subject to approval by the House.

 400                 RESOLUTION WITH REPORT ON ARCHIVING

Recommends that certain Association policies that pertain to public issues that were adopted through 1990 be archived.

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