| ADMINISTRATIVE LAW 101
Macaronis Institute for Trial and Appellate Advocacy
Please Note: This course has already
been held.
Date: Thursday, November 19, 2009
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 07:30 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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From local planning bodies, to state agencies regulating securities or professional licensing, agencies providing benefits or grants, to federal agencies regulating corporate conduct, providing health care or veterans’ benefits, or adjudicating disputes involving workers and employers, ordinary people and businesses and the lawyers who represent them have myriad dealings with administrative agencies. The change in administrations occasioned by the 2008 presidential election has spawned some new approaches to regulatory issues. This transition will cause practitioners and courts to consider the validity of “midnight regulations” promulgated on the eve of the prior administration leaving office and what standard a new administration must meet in repealing the recent regulations with which it disagrees, as well as new approaches to preemption and other regulatory policies. In addition, government responses to the economic crisis has spawned new government interventions in the market, restructuring of banking and securities regulation, new compensation systems for victims of financial fraud, innovative mechanisms to protect homeowners and renters from foreclosures, and substantial changes in health insurance and health care delivery systems at the state level, with the potential for major changes in federal law.
Administrative Law 101 provides overviews of recent state and federal developments in the law from government agency leaders, judges, and scholars and the impact of these developments on practice. You will learn practical strategies for representing clients before state agencies and for pursuing appeals from administrative agency actions before state and federal appellate courts. The conference affords a unique opportunity to network with other practitioners, government officials, and members of the judiciary in a productive academic setting.
Attend and Learn:
- What role does deference play
- How to get a final agency decision
- What do you need to know about creating a record
- What are the different standards of review
- When do federal courts have jurisdiction review
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Professor Renée M. Landers
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Director, Health & Biomedical Concentration, Suffolk University Law School, Boston, MA |
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Professor Jack M. Beermann
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Harry Elwood Warren Scholar Professor of Law, Boston University Law School |
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Honorable Mark V. Green
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Associate Justice, Appeals Court, Commonwealth of Massachusetts |
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Honorable Richard Heidlage
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Acting Chief Administrative Magistrate, Division of Administrative Law Appeals |
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Honorable Sandra L. Lynch, Chief Justice
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U.S. First Circuit Court of Appeals |
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Charles Walker, Esq.
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General Counsel, Division of Professional Licensure |
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| S C H E D U L E / A G E N D A |
| 4:00 |
WELCOME AND INTRODUCTIONS |
| Professor Renée M. Landers
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| 4:10 |
CURRENT DEVELOPMENTS |
- Agency Authority over Procedure
- Agency Authority over Policy
- Deference to Agency Statutory Interpretation
- Presidential Transitions and Midnight Regulation
- Congressional Oversight and Review of Agencies
- Massachusetts v. EPA
Professor Jack M. Beermann and Professor Renée M. Landers
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| 5:00 |
MASSACHUSETTS ADJUDICATIVE PROCESS |
- What Is the Division of Professional Licensure-Its Role in Fulfilling Office of Consumer Affairs and Business Regulation’s Consumer Protection Mandate
- What Is the Division of Administrative Law Appeals and Its Role as a Central Panel
- General Principles of Adjudicatory Proceedings under the Administrative Procedures Act in Massachusetts-Section 10 of Chapter 30A
- Role of the Administrative Adjudication in Creating a “Final Agency Decision”, Exhaustion of Administrative Remedies as a Condition to Judicial Review
- The Unique Function of the Adjudicative Process in Creating the “Record” for Further Appeal
- Procedures Applicable to Administrative Adjudications-801 CMR 1.01 et seq.
- Administrative “Expertise” and Its Relationship to Appropriate Judicial Deference
Honorable Richard Heidlage and Charles E. Walker, Esq.
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| 6:15 |
CONSIDERATIONS FOR JUDICIAL REVIEW |
- Jurisdiction to Review
- Finality and Exhaustion
- Standards of Review of Substantial Evidence, De Novo, Arbitrary and Capricious Review
- Deference to Administrative Determinations-Jurisdictional and Preemption
Honorable Mark Sandra L. Lynch and Mark V. Green
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| Date: |
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Thursday, November 19, 2009 |
| Tuition: |
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$69.00, $45.00 for Suffolk alumni and attorneys admitted to the bar after 2006.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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If for some reason you are not able to attend, you may send a substitute or call no later than the business day before to receive a refund less a $15.00 cancellation fee. Otherwise, you will receive the course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT & ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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Library 
