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

handle is hein.journals/admreln11 and id is 1 raw text is: ADMINISTRATIVE


Fall 1985

/ Published by the Section of Administrative Law, American Bar Association, Volume 11, Number 1

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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