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11 Admin. L. News 1 (1985-1986)

handle is hein.journals/admreln11 and id is 1 raw text is: ADMINISTRATIVE LAW NEWS Fall 1985 / Published by the Section of Administrative Law, American Bar Association, Volume 11, Number 1 SectioWCoultB'Report The Section Council Pias met twice since the last report in the Administrative Law News. The Council met in Washington in July, in conjunction with the ABA Annual Meeting, and again in Washington on September 28. With several members of the Section at- tending, the Council considered numerous matters of general interest. At both meetings, the Council made progress in its work on the Judicial Review Committee's project on scope of review. An earlier draft report was published at 37 AD. L. REV. 95 (1985). The committee chairman, Professor Ronald M. Levin of Washington University School of Law, presented revisions at each Council meeting, reflecting further committee consideration based in part on comments received. The current ver- sion is in the form of a restatement of the law of judicial review, rather than as a hypothetical revision of sec- tion 706 of the Administrative Procedure Act. The Council decided that it would take formal action only on the blackletter provisions of the restatement. The underlying report will not be formally adopted. Por- tions of the text were approved at the September meet- ing. The remainder will be on the agenda of the winter meeting of the Council for final action. The entire text of the restatement will then be published in the Admin- istrative Law Review. It is expected to be a valuable aid to both practitioners and the judiciary. Pursuant to action taken at the spring meeting of the Council at Point Clear, Alabama, a resolution was for- warded to the House of Delegates regarding executive oversight of federal agency rulemaking. The resolu- tion was based on a recommendation of the Commit- tee on Government Organization and Separation of Powers, which had been presented by committee chairman Peter L. Strauss and vice-chairman Cass R. Sunstein. The resolution takes the position that the constitutional principles that justify presidential in- volvement in rulemaking activities are applicable to both the executive and the independent agencies, and thus, Executive Orders 12291 and112498 should be ex- tended to the independent agencies. The resolution also addresses appropriate limitations on oversight of (continued on page 4) SSA Disability Symposium Sponsored by Section On October 11-12, 1985, a symposium on federal disability benefit programs was held in Cleveland, Ohio. This event was co-sponsored by the Section along with the Administrative Conference of the United States, the ABA Commission on Legal Problems of the Elderly, the ABA Board of Governors, the Cleveland Foundation, and the Case Western Reserve Law School. Case Western also hosted the gathering with a special flair, thanks to the efforts of Dean Ernest Gellhorn. About 80 participants from all over the country at- tended the symposium. Claimants' representatives, government officials, administrative lawyers, scholars, and congressional staffers heard ABA President William Falsgraf's welcoming remarks and then took part in five panel discussions focusing primarily on the Social Security disability adjudication system. An overview was provided by Yale Law School Pro- fessor Jerry Mashaw, perhaps the leading theoretician of the Social Security Administration (SSA) process, who also assembled a useful briefing book for the sym- posium. * Subsequent panels covered the Social Secur- ity disability process from beginning to end: the initial and reconsideration stages at the state level, the SSA administrative law judge hearing level, and review by the SSA Appeals Council. In addition, panelists dis- cussed the definition of disability in analogous foreign programs and in other federal disability programs. Despite the many diverse points of view represented and the unavoidable tension between the various opposing factions, an atmosphere of general good will prevailed over the two days of very frank discussions (continued on back page) In this Issue ACUS Government Tort Liability Study ...... 3 Case Highlight: Heckler v. Chaney ............. 5 Recent Articles of Interest ........ ........6 Copyright © 1985 American Bar Association Produced by the ABA Press

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