25 Admin. & Reg. L. News 1 (1999-2000)

handle is hein.journals/admreln25 and id is 1 raw text is: I~I~                                    I AI
Published by the Section of Administrative Law and Regulatory Practice * American Bar Association Fall 1999 Vol 25, No.  t
First Panel Convened on Administrative Law Statement

Phyllis Bernard, Jack Beerman, Adjudication Co-Reporter Michael Asimow, Adjudication Co-Reporter
Glen Robinson, Chief Reporter Paul Verkuil

A      tlanta, GA, Aug. 7, 1999 -     The Annual
Meeting of the Section of Administrative Law
and Regulatory Practice provided the setting
for the first of several panels that will serve as forums
for discussing the section's Statement of Administra-
tive Law Project - a project designed to produce a
descriptive statement of federal administrative law
under the Administrative Procedure Act and a pre-
scriptive statement of recommended revisions.
The Statement is expected to take two years to
complete. It will be formatted to resemble the
Restatements of Law published by the American
Law Institute, and like the Restatements will rely
substantially on the use of illustrations as a means
of clarifying stated principles.
The chief reporter is Paul R. Verkuil, dean of the
Benjamin N. Cardozo School of Law in New York.
Dean Verkuil believes the time is ripe for such a pro-
ject: The APA occupies a significant position in feder-
al administrative procedure, but it is over 50 years old,
and some of its centralizing functions have eroded.
The project has been divided into five topical
categories: adjudication, rulemaking, judicial
review, information access and policy, and agency
management/regulatory reform.
The first panel addressed adjudication. Other
panels will address the remaining topics at future
Section meetings.
The adjudication panel presented and discussed

several draft papers
circulated at the
meeting and avail-
able on the Section's
website: http://www.
abanet.org/admin-
law/apa/drafts.html
Michael R. Asi-
mow, Professor of
Law, UCLA School of
Law, presented a
paper on separation
of functions and
offered some general
observations about
the conventions he
believes should be
observed in preparing
the Statement. For
example, he advo-
cates citing attorney-
general opinions
where there is no
contrary case law and
citing literature
where case law is
controversial.

Continued on page 3

Produced by the ABA Publishing
Copyright  1999 American Bar Association

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