400
AMERICAN BAR ASSOCIATION
OFFICE OF THE SECRETARY
REPORT TO THE HOUSE OF DELEGATES
RESOLUTION
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RESOLVED, That the Association policies dated through 1990 as set forth in
Attachment 1 to Report 400 dated February 2014, are archived and no longer
considered to be current policy of the American Bar Association and shall not be
expressed as such.
FURTHER RESOLVED, That policies which have been archived may be reactivated at
the request of the original sponsoring entities. If the original sponsoring entities no
longer exist, requests may be brought to the Secretary to be placed on a reactivation list
for action by the House of Delegates. Such reactivated policies shall be considered
current policy for the Association and shall be expressed as such.
FURTHER RESOLVED, That the Board of Governors may act to reactivate policies
when the House of Delegates is not in session.
400
Attachment 1
Policies to be Archived
4.
Patent Titles
August 1965, Intellectual Property Law
8.
Attorney Fees
February 1967, Intellectual Property Law
9.
Federal Judicial Center
February 1967, Judicial Division
16.
Occupational Radiation Information
August 1969, Labor and Employment Law
19.
State of the Judiciary Address
May 1970, Judicial Division
23.
Judicial Administrative Appointments
July 1971, Judicial Division
31.
Magistrates Salaries
May 1972, Judicial Division
36.
Safety of Judges
October 1972, Judicial Division
69.
Legal Assistance for Military Personnel and Dependents
July 1977, Standing Committee on Armed Forces Law
74.
Mandatory Licensing
August 1977, Intellectual Property Law Section
108.
Supreme Court Mandatory Jurisdiction
February 1979, Standing Committee on Federal Judicial Improvements
123.
Patent and Trademark Office
February 1980, Section of Intellectual Property Law
136.
Additional Judges for D.C. Circuits
August 1980, Judicial Division
137.
Court Costs and Delays
August 1980, Judicial Division
400
229.
Legal Aid
February 1984, Standing Committee on Legal Aid and Indigent Defendants
259.
Fair Debt Collection Practices Act
November 1985, Solo Small Firm and General Practice Division
260.
Social Security Claims
December 1985, Commission on Law and Aging
262.
Clayton Act
February 1986, Section of Antitrust Law
263.
Federal Trade Commission Rules
February 1986, Section of Antitrust Law
299.
Patent and Trademark Office
February 1987, Section of Intellectual Property Law
309.
National Vaccine Injury Compensation Program
August 1987, Standing Committee on Federal Judicial improvements
324.
Know-How Licensing
February 1988, Section of Antitrust Law
330.
Process Patents
February 1988, Section of Intellectual Property Law
335.
Social Security laws
February 1988, Senior lawyers Division
346.
Antitrust Guidelines
August 1988, Section of Antitrust Law
355.
Federal Transfer Tax System
August 1988, Section of Real Property, Trust and Estate Law
403.
Unemployment Compensation
August 1989, Section of Labor and Employment law
427.
Intellectual Property Rights Protection
February 1990, Section of Intellectual Property Law
428.
Intellectual Property Rights
February 1990, Section of Intellectual Property Law
400
433.
Drug Recognition Program
February 1990, Judicial Division
434.
Crowded Jails
February 1990, Judicial Division
448.
Realignment of the Ninth Circuit Court of Appeals
February 1990, Appellate Judges Conference
400
4.
Patent Titles
August 1965, Intellectual Property Law
Patent, Trademark and Copyright Law
Resolved, That the American Bar Association approves the following principles as the
basis for the revision of the United States Copy right Act Title 17, U.S. C.:
(1) A Single federal system of copyright;
(2) A basic term consisting of the life of the author plus 50 years after his death, with an
extension of subsisting copyrights, and for works made for hire, the term should be 75
years from publication;
(3) The modification of the existing statutory license for the making and distribution of
phonorecords of musical works to provide greater advantages to the copyright proprietor
and provide a broader recovery against infringers;
( 4) A form of reversion after 35 years, but permitting the continued use of derivative works
made during the 35-year period;
(5) Protection of sound recordings against unauthorized duplication;
(6) Recognition of the doctrine of fair use;
(7) Elimination of the jukebox exemption;
(8) A relaxation of formalities as to notice consistent with reasonable notice and equitable
treatment in the case of failure to comply;
(9) Recognition of divisible interests in copyright and of separate ownership thereof;
(10) Provision for judicial review of a determination by the Copyright
Office;
(11) Protection of foreign works, both published and unpublished, only on the basis of treaty or
proclamation.
Further Resolved, That the American Bar Association opposes the following:
(l) United States Government ownership of copyright;
(2) Limitation of copyright by way of a manufacturing clause; and
(3) Recognition of a certificate of registration as constituting prima facie evidence of the validity
of the copyright.
Further Resolved, That the Chairman of the Section of Patent, Trademark and
Copyright Law, or his designee, be authorized to appear before appropriate committees of
the Congress to implement this policy.
400
8.
Attorney Fees
February 1967, Intellectual Property Law
Section of Patent, Trademark, and Copyright Law (Midyear Meeting 1967) Report# 83.2
BE IT RESOLVED, That the American Bar Association favors in principle, amendment
of the Lanham Act to afford authority for an award of reasonable attorneys' fees in appropriate
cases.
BE IT FURTHER RESOLVED, That the Section of Patent, Trademark and Copyright Law is
authorized to communicate this action to members and committees of Congress and to others
concerned with enactment of legislation to which the subject matter of this resolution is
directed.
9.
Federal Judicial Center
February 1967, Judicial Division
Section of Judicial Administration (Midyear Meeting 1967) Report# 65
RESOLVED, That the American Bar Association approves in principle the recommendation of
the President of the United States in his message of 02/06/67, that there be created a Federal
Judicial Center within the Administrative Office of the United States Courts to stimulate,
coordinate and conduct research and tests in all aspects of federal judicial administration; to
stimulate, develop and conduct programs of continuing legal education and training for judges
and other personnel in the judicial branch of the Government; and to provide staff, research and
planning assistance to the Judicial Conference of the United States and its committees; and
RESOLVED FURTHER, That the American Bar Association approves the enactment of
appropriate legislation to create and implement the aforementioned Judicial Center.
16.
Occupational Radiation Information
August 1969, Labor and Employment Law
Special Committee on Atomic Energy Law (Annual Meeting 1969) Report# 101.3
RESOLVED, That the American Bar Association favors in principle the efforts of the Atomic
Energy Commission in urging states to require employers to keep records as to employees'
exposure to radiation and to provide for a central repository of occupational radiation exposure
information.
400
19.
State of the Judiciary Address
May 1970, Judicial Division
Recommendation to Congress that the Chief Justice be asked To make an annual State of the
Judiciary message
May, 1970; Proceedings, p.38-39
RECOMMENDATION BY: President Bernard G. Segal
The President reminded the Board that the Chief Justice of the United States was planning, for
the first time, to deliver a "State of the Judiciary" message. The Association's Annual Meeting
would be his forum.
UPON MOTION DULY MADE AND SECONDED:
The Board adopted the following resolutions:
WHEREAS, There is increasing public concern about the needs of the federal judiciary and
the capacity of the courts to meet the unprecedented demands upon them, including the rapidly
growing volume of criminal and civil litigation; and
WHEREAS, In an era of serious challenges to the institution of law it is of utmost
importance that the American people and their representatives in Congress gain a fuller
understanding of the functioning of our courts in terms of their ability to meet their obligations
to protect the basic rights of individuals and of society as a whole; and
WHEREAS, Concurrent resolutions have been introduced in both Houses of the Congress
requesting that the Chief Justice of the United States be invited to appear each year before a joint
session of the Senate and the House to report officially to the Congress and the nation on the
operation of the judicial system as one of the three coordinate branches of the government; and
WHEREAS, The Chief Justice has demonstrated his recognition of the value of opening
new channels of communication concerning the court system by accepting the invitation of the
American Bar Association to deliver a State of the Judiciary message to the American people at
the Annual Meeting of the Association in August of this year in St. Louis; and
WHEREAS, This Association believes that an official yearly report in person before a joint
session of Congress by the Chief Judicial Officer in the nation should bring into sharp focus the
present and long range needs of the courts; provide for all Americans a better insight into the
place in our society of our judicial system; better acquaint the Congress with the special
problems and needs of the courts and serve to inspire public confidence that the administration of
justice is receiving the continuing attention and scrutiny that it merits and requests.
NOW, THEREFORE, BE IT RESOLVED, That the American Bar Association urges that
the judiciary committees of the Senate and House of Representatives give prompt and favorable
consideration of these resolutions and that they be adopted by the Congress so that the annual
report by the Chief Justice shall become an established event on the calendar of the Congress
each year.
RESOLVED FURTHER, That the ABA support enactment by the Congress of resolutions
such as Senate concurrent resolution 57 and House concurrent resolution 574 to provide for an
annual report on the judiciary by the Chief Justice of the United States before a joint session of
the Congress.
BE IT FINALLY RESOLVED, That the President of the ABA be authorized to present the
views of the Association to the Congress or to the appropriate committees thereof.
400
23.
Judicial Administrative Appointments
July 1971, Judicial Division
H.R.8699 and H.R.7377
July, 1971; Proceedings, p.16-18
UPON MOTION DULY MADE AND SECONDED:
The Board adopted the following resolutions favoring legislation such H.R.8699 and H.R.7377
(92nd Congress).
WHEREAS, The Judicial Conference of the United States recommends the creation
of the office of Administrative Assistant to the Chief Justice to help alleviate the increased
administrative burdens imposed on the head of the judicial branch; and
WHEREAS, Legislation to implement this recommendations is pending in the 92nd
Congress;
NOW, THEREFORE, BE IT RESOLVED, That the American Bar Association
supports enactment of Legislation such as H.R.8699 (92nd Congress) to provide for an
Administrative Assistant to the Chief Justice; and
BE IT FURTHER RESOLVED, That the President of the American Bar Association, or
his designee, is authorized to present the views of the Association to appropriate committees
of the Congress.
WHEREAS, In the selection of persons for the position of Administrative Assistant to the
Chief Justice, Director of the Administrative Office of the United States Courts, and Director
of the Federal Judicial Center it is desirable to have sufficient flexibility to include active
judges among those being considered; and
WHEREAS, The Judicial Conference of the United States recommends that a judge should
be permitted to serve in any of the three offices without loss of status or seniority in his own
court;
NOW, THEREFORE, BE IT RESOLVED, That the American Bar Association supports
legislation such as H.R.7377 (92nd Congress) which would permit any retired justice and any
judge of the United States in active or retired status to be appointed to the Office of
Administrative Assistant to the Chief Justice, Director of the Administrative Office of the United
States Courts, or Director of the Federal Judicial Center without loss of status or seniority in his
own court and further would permit the vacancy created by his appointment to one of the three
posts to be filled in the manner in which temporary judgeships are now established; and
BE IT FURTHER RESOLVED, That the President of the American Bar Association, or his
designee, is authorized to present the views of the Association to appropriate committees of the
Congress.
400
31.
Magistrates Salaries
May 1972, Judicial Division
Salaries of U.S. Magistrates
May, 1972; Proceedings, p.24; BOG Agenda Exhibit V-7
The Special Committee on Coordination of Judicial Improvements recommended Board approval
of a resolution which would tie the ceiling on salaries to be paid to magistrates directly to the
established ceiling for referees in bankruptcy. Proposed legislation, recommended by the Judicial
Conference of the United States, is designed to remedy a congressional oversight, first, by tying
the ceiling of magistrates to the salary of a referee in bankruptcy and, second, by providing a
mechanism for necessary salary increases to be approved by the Judicial Conference. The bill
does not in itself increase magistrates' salaries. Any increase would be dependent on subsequent
action by the Judicial Conference and would be subject to the appropriation process of Congress.
When the 90th Congress first established the magistrate program it was intended that the salary
of a magistrate would be equivalent to that of a bankruptcy referee. Subsequent to the passage of
the Federal Magistrates Act, but prior to the actual appointments of U.S. magistrates, salaries of
referees in bankruptcy were brought under the coverage of the Commission on Executive,
Legislative, and Judicial Salaries. Because magistrates were not yet in office at the time the
Commission was established, magistrates' salaries were not covered and the congressionally
intended parity was lost.
UPON MOTION DULY MADE, SECONDED, AND
CARRIED: The following resolution was adopted:
RESOLVED, That the American Bar Association supports in principle H.R.7375 (92nd
Congress) and similar legislation to provide that the ceiling of salaries of United States
magistrates be the same as provided for referees in bankruptcy.
400
36.
Safety of Judges
October 1972, Judicial Division
Personal Attacks upon Judges
October, 1972; Proceedings, p.26-27 BOG Exhibit V.3
RECOMMENDATION BY: Past President William T. Gossett; State Bar of Michigan
UPON MOTION DULY MADE, SECONDED, AND
CARRIED: The following resolution was adopted:
WHEREAS, The American Bar Association has had called to its attention the resolution of
the Board of Commissioners of the State Bar of Michigan, unanimously adopted September 21,
1972; and
WHEREAS, The Association recognizes that it, too, has a duty to defend all judges
throughout our nation, whether on the State or Federal bench, against personal abuse and
invective which may arise for their having done no more and no less than the duty imposed by
their oaths; and
WHEREAS, The Association recognizes that men may honestly and properly differ as to
the findings and remedies in a particular case without, however, engaging in vicious and
scurrilous personal attacks against a judge rendering a decision with which large segments of
our society may disagree;
NOW, THEREFORE BE IT RESOLVED, That the Association deplores and condemns in
principle any personal attacks, such as those reportedly being made in various sections of our
country, against judges who have performed their duty as they saw it.
400
69.
Legal Assistance for Military Personnel and Dependents
July 1977, Standing Committee on Armed Forces Law
The 1978 Defense Appropriation Bill, H.R.7933
July 11, 1977; Proceedings, p. 05-06 BOG Exhibit III
UPON MOTION DULY MADE, SECONDED AND CARRIED:
The Board adopted the following resolutions presented by the Committees on Lawyers in the
Armed Forces, Government and Public Sector Division, Legal Assistance for Military Personnel
and Military Law:
RESOLVED, That the American Bar Association:
1. Supports the need for the availability of legal services to individual members of the Armed
Forces Reserve and Reserve Units during each year in preparation for mobilization, and
supplementation of legal services provided by the Active Armed Forces to its members and
units, those services being rendered by lawyers in legal positions in the Reserve Forces;
2. Opposes in principle legislation (such as H.R.7933, the 1978 Defense Appropriation Bill)
which would remove from a paid drill status members of the Military Reserve serving in legal
capacities, whether as individuals or as members of a legal unit.
74.
Mandatory Licensing
August 1977, Intellectual Property Law Section
Section of Patent, Trademark, and Copyright Law (Annual Meeting 1977) Report# 112
BE IT RESOLVED, That the American Bar Association opposes in principle the adoption
of agency regulations of the enactment of legislation which would require access to, or
mandatory licensing of, a contractor's background patents as a prerequisite to approval of a
government research and development contract.
108.
Supreme Court Mandatory Jurisdiction
February 1979, Standing Committee on Federal Judicial Improvements
Special Committee on Coordination of Federal Judicial Improvements (Midyear Meeting
1979) Report #103
BE IT RESOLVED, That the American Bar Association approves and supports the adoption
by the Congress of legislation to abolish obligatory Supreme Court review by appeal, as
distinguished from discretionary review by certiorari, of all matters now reviewable by appeal,
except for appeals from determinations by three-judge courts.
400
123.
Patent and Trademark Office
February 1980, Section of Intellectual Property Law
Section of Patent, Trademark, and Copyright Law (Midyear Meeting 1980) Report #128
BE IT RESOLVED, That the American Bar Association favors the enactment of the
identical bills S.1679 and H.R.5075 (96th Congress) or similar legislation; and
BE IT FURTHER RESOLVED, That such legislation should provide re- examination by the
U.S. Patent and Trademark Office of any U.S. Patent at any time during its term on the basis of
patents and printed publications which had not been previously considered by the U.S. Patent
and Trademark Office when requested by any person. The procedure for such re-examination
shall provide that the patentee has the opportunity to amend to limit the scope of any claim of the
patent in order to distinguish from patents and printed publications considered during reexamination or to cancel any claim from the patent and also provide the opportunity ex parte to
rebut any determination of unpatentability. Such procedure shall also provide that (1) any party
other than the patentee who has initiated a re- examination proceeding shall have an opportunity
to submit a single written response to statements filed by the patentee and (2) if the patent
subject to re-examination is or becomes involved in litigation, the court before which the
litigation is pending is given discretion as to whether such litigation shall be stayed to permit reexamination of the patent by the U.S. Patent and Trademark Office.
136.
Additional Judges for D.C. Circuits
August 1980, Judicial Division
Standing Committee on Judicial Selection, Tenure and Compensation (Annual Meeting
1980) Report# 121A
RESOLVED, That the American Bar Association supports the request of the Judicial Conference
for an additional judge for the U.S. Court of Appeals for the District of Columbia Circuit and
urges Congress to enact appropriate legislation to provide such additional judge.
137.
Court Costs and Delays
August 1980, Judicial Division
Consulting Panel on Advanced Judicial and Legal Education (Annual Meeting 1980) Report#
300
BE IT RESOLVED, That the House of Delegates of the American Bar Association
recommend that costs associated with advanced judicial and legal education programs of the
American Bar Association continue to be monitored for a period of years, so that trends in costs
and in revenues may be identified.
400
229.
Legal Aid
February 1984, Standing Committee on Legal Aid and Indigent Defendants
Standing Committee on Legal Aid and Indigent Defendants (Midyear Meeting 1984) Report#
114
RESOLVED, That the American Bar Association urges state and local bar associations to
cooperate with state and local Legal Services Corporation grantees and other agencies providing
civil legal services to indigent persons to the end that those services may also be provided by
members of the bar generally in such ways and to such degree as may be agreed upon by those
agencies and the organized bar in the areas served by them.
Resolved Further, That the Legal Services Corporation is urged to consult with the
American Bar Association and state and local bar associations in developing and implementing
plans and procedures for involving private attorneys in providing and supporting civil legal
services for indigent persons.
Resolved Finally, That a locally developed plan for the inclusion of the private bar in the
rendition of or support for legal services to indigent persons agreed to by a state or local Legal
Services Corporation grantee or other agency providing legal services to indigent persons in the
area to be served and by a bar association or associations representing a majority of lawyers in
such area should be considered as prima facie complying with all requirements for the substantial
involvement of private lawyers in providing legal services to the poor.
400
259.
Fair Debt Collection Practices Act
November 1985, Solo Small Firm and General Practice Division
Section of General Practice and Young Lawyers Division Proposal on Fair Debt Collection
Practices Act
November 8, 1985; Board of Governors Minutes, pp.05-06; Agenda Exhibit 2.8
RECOMMENDATION BY: Section of General Practice and Young Lawyers Division
The Section of General Practice and the Young Lawyers Division recommended that Association
oppose proposed legislation which would eliminate the attorney's exemption from the Fair Debt
Collection Practices Act. Association policy was requested because applicable legislation
appeared to be moving swiftly through the Congress with 126 cosponsors on the House bill. Last
year, the Senate passed an elimination of the attorney's exemption within an omnibus banking
bill. The FTC has proposed amendatory language to curtail the exemption rather than eliminate
it, proposing that the exemption not apply to "anyone who owns, operates or is employed by a
law firm whose principal business is the collection of debts."
UPON MOTION DULY MADE, SECONDED AND CARRIED:
The Board adopted the following resolution:
BE IT RESOLVED, That the American Bar Association opposes legislation such as S.971
and H.R.237 which would eliminate the attorney's exemption from the Fair Debt Collection
Practices Act.
260.
Social Security Claims
December 1985, Commission Law and Aging
12/85 Executive Committee Exhibit 1
UPON MOTION DULY MADE, SECONDED AND CARRIED,
The Executive Committee adopted the following policy: BE IT RESOLVED, That the ABA
supports the position that, in the administration of the Social Security Act, a class of persons who
have submitted claims as required under the statute should be permitted to obtain relief, even for
those of its members who had not exhausted their administrative remedies or filed timely
petitions for judicial review, when such action would have seemed futile because the Social
Security Administration had failed to disclose on the record or to the public the actual, improper
reasons for the denial of their claims.
The Executive Committee authorized the Commission on Legal Problems of the Elderly and the
Commission on the Mentally Disabled to file a brief on behalf of the Association as amicus
curiae in the Supreme Court of the United States in Heckler v. City of New York, subject to the
approval of the final brief by the Special Committee on Amicus Curiae Briefs.
400
262.
Clayton Act
February 1986, Section of Antitrust Law
Section of Antitrust Law (Midyear Meeting 1986) Report# 306
BE IT RESOLVED, by the American Bar Association that the Congress be urged to amend
Section_8 of the Clayton Act relating to interlocking directorates to add provisions which would:
(1) Create a de minimis exception where either of the corporations involved has capital, surplus
and undivided profits of $10 million or less; or (2) Create a de minimis exception where sales of
the product or service with regard to which corporations are in competition are $25 million per
annum or less for either corporation; or the aggregate sales of the product or service with regard
to which the corporations are in competition constitute 10 percent or less of the sales of the
product or service and competing products and services by all sellers; and (3) Provide that the
dollar amounts of sales contained in Section_8 be indexed to the Consumer Price Index.
263.
Federal Trade Commission Rules
February 1986, Section of Antitrust Law
Section of Antitrust Law (Midyear Meeting 1986) Report# 307
BE IT RESOLVED, by the American Bar Association that the Federal Trade Commission
be urged to amend its rules concerning the treatment of confidential information, 16 C.F.R.
Sections_4.10_through_4.12, to provide for the uniform and adequate treatment of all such
information by:
(1) Providing for all confidential information custodial protections similar to those provided for
information obtained pursuant to compulsory process in a law enforcement investigation; (2)
Deleting provisions that allow disclosure to state law enforcement agencies of confidential
information other than that obtained pursuant to compulsory process in a law enforcement
investigation; (3) Providing submitters with advance notice -- at least 10 days in advance
whenever possible -- of a proposed release to Congress or to federal or state enforcement
agencies; (4) Requiring that confidential information obtained by federal and state law
enforcement agencies be used by the agencies only in such manner and subject to the same
conditions as apply to the Commission; and (5) Providing for the return to a submitter of all
copies of confidential material at the time the originals are returned to the submitter or destroyed.
400
299.
Patent and Trademark Office
February 1987, Section of Intellectual Property Law
Section of Patent, Trademark and Copyright Law (Midyear Meeting 1987) Report# 107C
BE IT RESOLVED, That the American Bar Association favors in principle the continued
administration of all trademark matters within the United States Patent and Trademark Office by
an Assistant Commissioner for Trademarks.
309.
National Vaccine Injury Compensation Program
August 1987, Standing Committee on Federal Judicial improvements
Standing Committee on Federal Judicial Improvements (Annual Meeting 1987) Report #125
BE IT RESOLVED, That the American Bar Association urges the Congress to repeal those
provisions of the National Vaccine Injury Compensation Program of 1986 (P.L.99-660) that
involve the federal courts in rendering advisory opinions and performing inappropriate
administrative functions, before funding the program.
324.
Know-How Licensing
February 1988, Section of Antitrust Law
Section of Antitrust Law (Midyear Meeting 1988) Report# 301
BE IT RESOLVED, that the American Bar Association recommend to the Commission of
the European Communities that it modify its draft regulation on the application of Article_85(3)
of the Rome treaty to certain categories of know-how licensing agreements so as (1) to expand
the scope of know-how license agreements covered by such regulation, (2) to extend the periods
permitted by such regulation for restrictions in, and payments under, know-how license
agreements, (3) to adopt approaches to such agreements similar to those adopted by U.S. courts,
and (4) to make other minor changes of a technical or clarifying nature.
400
330.
Process Patents
February 1988, Section of Intellectual Property Law
Section of Patent, Trademark and Copyright Law (Midyear Meeting 1988) Report# 117A
RESOLVED, That the American Bar Association favors in principle that the use or sale in
the United States of a product produced by a process patented under the United States Patent
Laws is an infringement of the process patent; and specifically approves Section_102 of Title I
of S.1200, Section_3302 of Title XXXIII of S.1420, Section_2 of H.R. 1931 and Section_1403
of Title XIV of H.R.3, 100th Congress, first session, providing that the last sentence in paragraph
(g) of Section_271 of Title_35 is either eliminated or clarified to assure that products made by
the patented process are not excluded from infringement unless the product is materially changed
or it becomes a minor or nonessential component of another product prior to importation into or
sale or use of such product in the United States.
RESOLVED, That the American Bar Association favors in principle legislation which
provides remedies against infringement by parties who use or sell within, or import into, the
United States a product produced by a process patented in the United States, after receiving
notice of infringement, but opposes such legislation if it limits the availability of remedies by: (1)
requiring a written notice of infringement to include more information than that which is needed
under existing law to notify parties of other types of patent infringement; (2) prescribing
standards of "good faith" and "reasonable business practices" for determining the availability of
injunctions and damages which differ from standards used in actions for patent infringement
under existing law; (3) exempting products which the infringer has made commitment to
purchase before notice of infringement; or (4) establishing a procedure to allow parties to request
disclosure of patents "which could be asserted to be infringed"; and, specifically, the Section
opposes limitations on remedies in S.1200, S.1420, H.R.3, and H.R. 1931, 100th Congress, first
session.
335.
Social Security laws
February 1988, Senior lawyers Division
Senior Lawyer Division (Midyear Meeting 1988) Report# 114
RESOLVED, That the American Bar Association support efforts to correct inequities, if any,
in the Social Security law that impact upon Social Security recipients born between the years
1917 - 1921.
400
346.
Antitrust Guidelines
August 1988, Section of Antitrust Law
Section of Antitrust Law (Annual Meeting 1988) Report# 301
BE IT RESOLVED, That the ABA recognizes that in issuing Antitrust Guidelines for
International Operations, the U.S. Department of Justice is performing a significant public
service by setting forth its analysis of a wide variety of transnational transactions; and
BE IT FURTHER RESOLVED, That the ABA urges the Department of Justice to revise the
draft Guidelines to make clear in such Guidelines where the Department's enforcement position
departs from established law or lacks substantial legal support, specifying the variance in each
case; and
BE IT FURTHER RESOLVED, That the ABA urges that in considering finalization of its
draft Guidelines, the Department of Justice should take into account the following suggestions:
(i) Discussion of several topics not covered in the draft should be added, including the
application of the U.S. antitrust laws to export arrangements; the relationship between antitrust
laws and the legal regimes governing international transport; the act of state doctrine; and the
Department's use of Civil Investigative Demands on foreign parties;
(ii) The Guidelines should acknowledge the role of the courts in dealing with jurisdictional issues
and defenses, in both government and private antitrust litigation, relating to foreign affairs. These
issues include the foreign sovereign compulsion defense, petitioning foreign governments, the
act of state doctrine, and the application of Parker v. Brown to foreign state action;
(iii) Revival of the Bernstein exception to the act of state doctrine should not be endorsed;
(iv) The section on foreign sovereign compulsion should take account of the substantial
authorities indicating that (a) it is the fact of compulsion not its form, that should be the focus of
the analysis; (b) inquiry into the validity of the foreign state's activity may be limited by the act
of state doctrine; (c) the defense rests on fundamental fairness principles, and pragmatic
judgments about the preservation of foreign commerce, as well as comity;
(v) The Guidelines should address the authorities supporting the proposition that a doctrine
analogous to the Parker v. Brown state action doctrine applies to foreign government - regulated
conduct;
(vi) Consistent with former Department of Justice practice, the Guidelines should support
application of the Noerr-Pennington doctrine to petitioning of foreign governments;
(vii) Merger analysis in the Guidelines should be consistent with the Department's existing
Merger Guidelines or, where at variance, the difference and the Department's new policy should
be clearly articulated;
(viii) The relationship between the trade and antitrust laws should be more fully explored.
400
355.
Federal Transfer Tax System
August 1988, Section of Real Property, Trust and Estate Law
Section of Real Property, Probate and Trust Law (Annual Meeting 1988) Report# 107B
BE IT RESOLVED, That the American Bar Association urges Congress to recognize the
necessity for stability in the federal transfer tax system and recommends to Congress in order to
establish and maintain stability that:
1) Any proposed change in the federal transfer tax system be required to carry a heavy burden of
persuasion both that the inequity or inefficiency of the current law is so great that further changes
with their resultant disruptive effect are justified and that such changes will be a material
improvement over the current law.
2) If any changes are to be made in the federal transfer tax system, they should be made through
an orderly legislative process with participation of tax practitioners, including:
a) Hearings with adequate notice and an opportunity for tax practitioners to participate in the
formulation of the new laws.
b) Bills circulated and reviewed fully before passage by the House. c) Bills circulated and
reviewed fully before passage by the Senate.
3) If any changes are to be made in the federal transfer tax system, they should be prospective
only with a reasonable lead time (at least one year) for instruments to be amended to reflect such
changes, and
4) Constant small changes should be avoided and no new provision should be enacted that is not
both understandable by tax practitioners and administrable by the Internal Revenue Service.
400
403.
Unemployment Compensation
August 1989, Section of Labor and Employment law
Section of Labor and Employment Law (Annual Meeting 1989) Report# 108A
BE IT RESOLVED, That the American Bar Association recommends to the Secretary of
Labor of the United States that a pilot or experimental project be established for the purpose of
determining whether improved access to justice can be established in the unemployment
compensation system in the United States.
Such a pilot or experimental project should include the following terms:
1. The Secretary of Labor should establish in a number of states an office of ombudsman/advisor
to provide counseling and assistance to claimants and employers involved in unemployment
insurance claims and the appeal process who are unable to afford or obtain an attorney, legal aid
or legal services representation, or other adequate representation;
2. The Secretary of Labor should make available to such states involved in this project
administrative funding for this purpose;
3. The Secretary of Labor should select the states to be involved, based upon urban and rural
balance, and in each state select certain communities to be targeted for the project;
4. Notice of the existence of services to be provided by said ombudsman/advisor offices should
be given to the communities involved;
5. Said pilot project should last for a specified number of years, as determined by the Secretary
of Labor. At the conclusion of said project, the Secretary of Labor should make a report
concerning the results, benefits, and cost of the project to the United States Congress;
6. Said ombudsman/advisor office should not represent claimants or employers but will
only assist and counsel such claimants or employers that require assistance and counseling in the
preparation of claims and defenses against claims for unemployment benefits and assist, counsel
and prepare the parties in question for participation in the claims and appeals process, as well as
any court proceedings involved therein.
400
427.
Intellectual Property Rights Protection
February 1990, Section of Intellectual Property Law
Section of Patent, Trademark and Copyright Law (Midyear Meeting 1990) Report# 122A
RESOLVED, that the American Bar Association supports efforts to provide strong
intellectual property rights protection in the United States and to strengthen intellectual property
rights protection in the countries with which the United States trades.
BE IT FURTHER RESOLVED, that, in the absence of adequate and effective protection of
intellectual property rights under the G.A.T.T., the American Bar Association supports effective
measures in United States law, of a type currently provided Section 337 of the Tariff Act of 1930
(as amended) (19 U.S.C. Section 1337) to permit expeditious enforcement of intellectual
property rights at the border.
BE IT FURTHER RESOLVED, that the American Bar Association supports conclusion in
the Uruguay Round multilateral trade negotiations of an agreement on intellectual property rights
providing for:
(a) adequate standards for the protection of intellectual property;
(b) effective measures to enforce such standards both internally and at the border; and
(c) an effective multilateral dispute settlement mechanism for resolving disputes between
contracting parties over such standards and enforcement measures.
428.
Intellectual Property Rights
February 1990, Section of Intellectual Property Law
Section of Patent, Trademark and Copyright Law (Midyear Meeting 1990) Report# 122C
BE IT RESOLVED, That the American Bar Association favors in principle legislation such
as H.R. 469, 101st Cong., 1st Sess. (1989) (Fish) and S. 270, 101st Cong., 1st Sess. (1989)
(Leahy) which provides that intellectual property rights shall not be presumed to define a market
or to establish market power in actions under the antitrust laws;
RESOLVED, That the Association recommends such legislation cover specifically the
licensing of or refusal to license such rights.
433.
Drug Recognition Program
February 1990, Judicial Division
Judicial Administration Division (Midyear Meeting 1990) Report# 100A
BE IT RESOLVED, That the American Bar Association endorses and supports the Drug
Recognition Program initiated by the National Highway Safety Administration and the Bureau of
Justice Assistance, provided that it is applied in a manner fully respecting the subject's
constitutional rights; and
BE IT FURTHER RESOLVED, That the American Bar Association encourages adoption
and use of the Drug Recognition Program by the states and other jurisdictions.
400
434.
Crowded Jails
February 1990, Judicial Division
Judicial Administration Division (Midyear Meeting 1990) Report# 100B
BE IT RESOLVED, That the American Bar Association urges state and local bar leaders to
take a leadership role in establishing coordinating councils composed of key figures in the
criminal justice system who have the authority to ameliorate the problems of crowded jails and
the related issue of court delay.
448.
Realignment of the Ninth Circuit Court of Appeals
February 1990, Appellate Judges Conference
Judicial Administration Division Appellate Judges Conference (Midyear Meeting 1990)
Report# 123
BE IT RESOLVED, That the American Bar Association hereby rescinds the resolution
adopted in October, 1973 which supported realignment of the United States Circuit Court of
Appeals for the Ninth Circuit.
400
REPORT
Pursuant to Report 400, adopted by the House of Delegates in 1996, the Association is
annually required to review policies adopted by the House of Delegates that have been
in existence ten years or more. See Report 400 attached as Appendix A. Those policies
that are outdated, duplicative, inconsistent with current policy or no longer relevant are
to be archived. The review process operates from the premise that any policy on the list
will be archived unless there is a request to remove it from the archival list and retain it
as current policy. Once archived, it may no longer be cited as current policy. An
archived policy is not considered to be rescinded, but rather is retained by the
Association for historical purposes only
The Resolution and Impact Review Committee reviewed the current archiving
procedure and determined that it was time to revisit policies that were originally
considered for archiving but retained. To date, every policy that is at least ten years old
has been considered for archiving once. In the first several years after the procedure
was instituted, over 1000 policies were examined. Of those, about one-third were
archived. In subsequent years, policies were examined when they became 10 years
old. The vast majority of policies that were passed in the last twenty years have been
retained at the request of the sponsoring entity, the Office of Governmental Affairs or a
member of the House.
The Resolution and Impact Review Committee has reviewed policies through 1990
which were previously considered for archiving but retained. The process of reviewing
previously retained policies began in spring of 2012 and will continue over the next
several meetings. To accomplish this objective, the Division for Policy Administration
compiled an index of such policies set forth in either the ABA Policy and Procedures
Handbook or the American Bar Association Legislative Issues list maintained by the
Governmental Affairs Office. Some 477 policies were thus identified. Each entity,
which had been the original sponsor, was sent a list of the policies it had sponsored. In
cases where the original sponsoring entity was no longer in existence, the policies were
sent to an appropriate successor entity. The 76 entities to which the policies were sent
are listed in Appendix B.
Each entity was asked to identify which of the policies should be archived and which
should be retained as current policy. In addition, each was requested to identify and
include a recommended disposition for any other policies that had been generated
which were not in the materials they received. Those retained as current policy through
this process will be reviewed again in 10 years. Retained policies are listed in Appendix
C.
Respectfully submitted,
Honorable Cara Lee Neville, Secretary
American Bar Association
February 2014
400
APPENDIX A
Approved by the House of Delegates, August, 1996
Report No. 400
The resolution was approved as amended as follows:
RESOLVED, That the American Bar Association adopts a procedure to archive
policies which are 10 years old or older and which are outdated, duplicative,
inconsistent or no longer relevant. Such archived policies will be retained for historical
purposes but shall not be considered current policy for the Association and shall not be
expressed as such.
FURTHER RESOLVED, That the archiving shall be implemented as follows:
1.
All policies adopted by the House of Delegates shall be reviewed, with the
exception of uniform state laws, model codes, guidelines, standards, ABA
Constitution and Bylaws, and House Rules of Procedures.
2.
To phase in this process, the periodic mandated review will in the first
year, 1997, address policies 20 years old or older; in the second year
policies 15 years old or older; and in the third year and each year
thereafter, policies 10 years old or older.
3.
Prior to each Annual meeting, a list of affected policies will be complied
and circulated to the original sponsoring entities and to each member of
the House identifying those policies which will be placed on the archival
list.
4.
At each Annual Meeting, a recommendation will be submitted to archive
certain policies and the House will vote on the recommendations.
5.
Those policies which are not archived will be subject to review every ten
years thereafter.
6.
Any policy 10 years old or older that is not contained within the ABA Policy
and Procedures Handbook (The Green Book) or any Legislative Issues list
published by the ABA and that has not been subject to the review set forth
in these principles is considered to be archived.
7.
This archival process is not intended to affect the rights of any member of
the House to propose amendments or rescission of any policies as
presently permitted under House rules.
FURTHER RESOLVED, That an approved Uniform Act promulgated by the National
Conference of Commissioners on Uniform State Law (NCCUSL) shall be placed on the
archival list only when such an Act has been removed from the active list of the
NCCUSL.
400
APPENDIX B
The entities below reviewed and recommended disposition of the policies contained in the
report:
Section, Divisions and Forums
Affordable Housing and Community Development
Appellate Judges Conference
Criminal Justice Section
Government and Public Sector Division
Judicial Division
Law Practice Management Section
Law Student Division
National Conference of Federal Trial Judges
National Conference of Specialized Court Judges
National Conference of The Administrative Law Judiciary
Section of Administrative Law and Regulatory Practice
Section of Antitrust Law
Section of Business Law
Section of Dispute Resolution
Section of Environment, Energy, and Resources
Section of Family Law
Section of Individual Rights and Responsibilities
Section of Intellectual Property Law
Section of International Law
Section of Labor and Employment Law
Section of Legal Education and Admission to the Bar
Section of Litigation
Section of Public Contract Law
Section of Public Utility Communication and Transportation Law
Section of Real Property, Trust and Estate Law
Section of Taxation
Senior Lawyers Division
Solo Small Firm and General Practice Division
Tort Trial & Insurance Practice Section
Young Lawyers Division
400
Standing Committees
Armed Forces Law
Continuing Legal Education
Election Law
Ethics and Professional Responsibility
Federal Judicial improvements
Group and Prepaid Legal Services
Judicial Independence
Law and National Security
Law Library of Congress
Lawyer Referral and Information Service
Legal Aid and Indigent Defendants
Legal Assistance for Military Personnel
Medical Professional Liability
Pro Bono and Public Service
Professionalism
Publishing Oversight
Special Committees and Commissions
Commission on Disability Rights
Commission on Immigration
Commission on Interest on Lawyers Trust Accounts
Commission on Law and Aging
Commission on Lawyers Assistance Programs
Commission on Women in the Profession
Council for Racial & Ethnic Diversity in the Educational Pipeline
Special Committee on Death Penalty Representation Project
400
State & Local and Territorial Bar Associations
Bar Association of San Francisco
Colorado Bar Association
Houston Bar Association
Illinois State Bar Association
Lawyers Club of San Francisco
Los Angeles County Bar Association
Massachusetts Bar Association
New York City Bar Association
North Carolina Bar Association
Pennsylvania Bar Association
Philadelphia Bar Association
State Bar of Georgia
State Bar of Michigan
State Bar of Wisconsin
The Florida Bar
The Iowa State Bar Association
The Mississippi Bar
The State Bar of California
Virgin Islands Bar Association
Affiliated Organizations
American Immigration Lawyers Association
Federal Communications Bar Association
The Federal Bar Association
400
Attachment C
Policies Not to be Archived
1.
International Court of Justice: Connally Reservation
February 1947, International Law
2.
Crimes Aboard Aircraft
February 1963, Criminal Justice Section
3.
Fee Limitation in Federal Administrative Proceedings
August 1965, Solo Small Firm and General Practice Division
5.
Court Jurisdiction
February 1966, Family Law
6.
Dual Distribution
August 1966, Antitrust Law
7.
Evidentiary Effect of Judgments
August 1966, Antitrust Law
10.
Interstate Commerce Commission
August 1967, Administrative Law and Regulatory Practice
11.
Jury Selection
August 1967, Judicial Division
12.
CLEO
October 1967, Section of Legal Education and Admission to the Bar
13.
Radiation Injuries
February 1968, Tort Trial and Insurance Practice Section
14.
Ombudsmen
January 1969, Administrative Law and Regulatory Practice
15.
Tax Deductibility of Treble Damages
January 1969, Section of Taxation
17.
Robinson-Patman Act
October 1969, Antitrust Law
18.
Library of Congress
February 1970, Law Library of Congress
400
20.
Organized Crime
July 1970, Criminal Justice Section
21.
Family Day
August 1970, Family Law
22.
Legal Assistance for Military Personnel and Dependents
August 1970, Standing Committee on Legal Assistance for Military Personnel
24.
Ombudsmen
July 1971, Administrative Law and Regulatory Practice
25.
Institute on Juvenile Justice
February 1972, Criminal Justice Section
26.
Obscenity
February 1972, Criminal Justice Section
27.
Survivor of Police Officer
February 1972, Criminal Justice Section
28.
Equal Rights Amendment
February 1972, Individual Rights and Responsibilities
29.
International Labor Organizations
February 1972, International Law
30.
Clinical Legal Education
February 1972, Law Student Division
32.
Foreign Service Grievance Procedure
August 1972, Administrative Law and Regulatory Practice
33.
Privacy Act Criminal Justice Records
August 1972, Criminal Justice Section
34.
College Student Voting
August 1972, Young Lawyers Division
35.
United Nations
August 1972, International Law
37.
Legal Assistance for Military Personnel and Dependents
February 1973, Legal Assistance for Military Personnel
400
38.
Gun Control: Amendments to 1968 Act
February 1973, Criminal Justice Section
39.
Political Pressures
February 1973, Massachusetts Bar Association
40.
Indigent Defense Services
May 1973, Legal Aid and Indigent Defendants
41.
Federal Rules of Criminal Procedure and Evidence
August 1973, Criminal Justice Section
42.
Protection of Foreign Investments
August 1973, Environment, Energy, and Resources
43.
Arbitration Rules
February 1974, International Law
44.
Foreign Arbitral Awards
February 1974, International Law
45.
Workers Compensation
February 1974, Tort Trial and Insurance Practice Section
46.
Judicial Review of Final Orders of Exclusion
August 1974, Section of Administrative Law and Regulatory Practice
47.
Federal Securities Code
February 1975, Section of Business Law
48.
Hague Convention
February 1975, International Law
49.
Rule of Law
February 1975, International Law
50.
Veterans Administration
August 1975, Section of Administrative Law and Regulatory Practice
51.
Compensation for Lawyers in Uniform
August 1975, Standing Committee on Armed Forces Law
52.
Codification of Federal Criminal Laws
August 1975, Criminal Justice Section
53.
Grand Jury Reform
August 1975, Criminal Justice Section
400
54.
Gun Control: Amendments to 1968 Act
August 1975, Criminal Justice Section
55.
Privacy Act Criminal Justice Records
August 1975, Criminal Justice Section
56.
UN Member States
August 1975, International Law
57.
Surplus Federal Judicial Space
August 1975, Pennsylvania Bar Association, Philadelphia Bar Association
58.
Law Enforcement Activities by White House Personnel
February 1976, Criminal Justice Section
59.
ALJ: Recruitment & Selection
August 1976, Section of Administrative Law and Regulatory Practice
60.
Employment of Women
August 1976, Criminal Justice Section
61.
Reimbursement of Costs
August 1976, Criminal Justice Section
62.
Adjustment of Status
August 1976, Section of Administrative Law and Regulatory Practice
63.
Gas Warfare
August 1976, International Law
64.
Zionism
August 1976, Young Lawyers Division
65.
Voir Dire
August 1976, Section of Litigation
66.
Judicial Review
February 1977, Standing Committee on Pro Bono and Public Service
67.
Legal Assistance for Reserve Members
February 1977, Standing Committee on Armed Forces Law
68.
Overseas Private Investment Corporation
February 1977, International Law
400
70.
Grand Jury
August 1977, Criminal Justice Section
71.
Tort Law and Procedure
August 1977, Standing Committee on Medical Professional Liability
72.
Merit Selection of Judges
August 1977, Standing Committee on Federal Judicial improvements
73.
Handicapped Persons Employment
August 1977, Section of Individual Rights and Responsibilities
75.
Arbitration
August 1977, Iowa State Bar Association
76.
Mentally Disabled
August 1977, Commission on Disability Rights
77.
Commission on Security and Cooperation in Europe
August 1977, International Law
78.
Foreign Conventions
October 1977, Section of Taxation
79.
Revision of Bankruptcy Laws
December 1977, Section of Business Law
80.
Sunset Legislation
February 1978, Section of Law Practice Management
81.
Sex Discrimination in Employment
February 1978, Section of Individual Rights and Responsibilities
82.
International Trade
February 1978, Section of International Law
83.
Inter-American Convention on International Commercial Arbitration
February 1978, Section of International Law
84.
International Criminal Court
February 1978, Section of International Law
85.
Helsinki Accords
February 1978, Law Student Division
86.
Judicial Education Programs
February 1978, Judicial Division
400
87.
Lawyer Referral Services
February 1978, Standing Committee Lawyer Referral and Information Service
88.
Attorney Malpractice
February 1978, Standing Committee on Legal Assistance for Military Personnel
89.
Public Participation-Attorney’s Fees
February 1978, Standing Committee on Pro Bono and Public Service
90.
Awards for Medical Malpractice
February 1978, Standing Committee on Medical Professional Liability
91.
Procurement - Buy-National Laws
February 1978, Section of Public Contract Law
92.
Diversity Jurisdiction
June 1978, Section of Litigation
93.
Management of Administrative Agencies - Regulatory Reform
August 1978, Section Administrative Law and Regulatory Practice
94.
Judge Advocate Career Program
August 1978, Standing Committee on Armed Forces Law
95.
Military Defense Counsel
August 1978, Standing Committee on Armed Forces Law
96.
Revision of Bankruptcy Laws
August 1978, Section of Business Law
97.
Domestic Violence
August 1978, Criminal Justice Section
98.
Racial Discrimination Conventions
August 1978, Section of International Law
99.
Finance of Abortion for Indigent Women
August 1978, Section of Individual Rights and Responsibilities
100. Foreign Secondary Economic Boycott
August 1978, Section of International Law
101. President's Commission on Mental Health
Standards for Lawyer Discipline and Disability Proceedings
August 1978, Commission on the Disability Rights
400
102.
Mentally Disabled Advocacy Programs
August 1978, Commission on the Disability Rights
103.
Renegotiation Act
August 1978, Section of Public Contract Law
104.
Counsel in Death Cases
February 1979, Criminal Justice Section
105.
Voter Participation
February 1979, Standing Committee on Election Law
106.
International Covenant on Economics, Social and Cultural Rights
February 1979, Section of International Law
107. International Convention on Civil and Political Rights
February 1979, Section of International Law
109. National Law Library
February 1979, Standing Committee Law Library of Congress
110. Center for Defense Services
February 1979, Standing Committee on Legal Aid and Indigent Defendants
111. Government Intervention in the Economy
February 1979, Antitrust Law Section
112. Administrative Law Judges
June 1979, Section Administrative Law and Regulatory Practice
113. Review of Proposed Regulatory Acts
August 1979, Section of Law Practice Management
114. Reserve of Guard Attorneys
August 1979, Standing Committee on Armed Forces Law
115. Reserve of Advocate Program
August 1979, Standing Committee on Armed Forces Law
116.
Military Retired Pay
August 1979, Section of Family Law
117.
Privacy of Personal Records
August 1979, Section of Individual Rights and Responsibilities
118.
Settlement of Legal Disputes Between the U. S. and Canada
August 1979, Section of International Law
400
119.
World Bank
August 1979, Section of International Law
120.
Federal Rules of Criminal Procedure and Evidence
August 1979, Standing Committee on Legal Assistance for Military Personnel
121. Government Appeals of Sentences
February 1980, Section of Business Law
122. Indian Treaty Obligations
February 1980, Section of individual Rights and Responsibilities
124. Law of the Sea
February 1980, Section of Natural Resource, Energy and Environmental Law
125. Discrimination in the Sale or Rental of Housing
February 1980, Section on Individual Rights and Responsibilities
126. Zero Bracket Amount
February 1980, Section of Taxation
127.
Workers Compensation
February 1980, Tort Trial and Insurance Practice Section
128. Peremptory Challenges
February 1980, Young Lawyers Division
129. Attorney's Fees
August 1980, Section Administrative Law and Regulatory Practice
130. Regulatory Reform
August 1980, Section Administrative Law and Regulatory Practice
131. Federal Witness Immunity Act
August 1980, Criminal Justice Section
132. Grand Jury
August 1980, Criminal Justice Section
133. U.N. Convention of Recovery Abroad of Maintenance
August 1980, Section of Family Law
134. Sex Discrimination in Public Accommodations
August 1980, Section of Individual Rights and Responsibilities
400
135. Arctic Region
August 1980, Section of International Law
138. Judicial Discipline and Removal
August 1980, Judicial Division
139.
Legal Education
August 1980, Section of Legal Education and Admission to the Bar
140.
Labor Standards in Government Contracts
August 1980, Section of Public Contract Law
141. Review of Medicare Reimbursement Controversies
August 1980, Young Lawyers Division
142. Outreach to Older Persons
August 1980, Young Lawyers Division
143. Rule of Law
August 1980, Section of International Law
144. Merit Selection of Judges
August 1980, Philadelphia Bar Association
145. Discovery Abuse
November 14th, 1980-November 15, 1980; Exhibit 2.3
Section of Litigation
146. Administrative Procedure Act
February 1981, Section of Business Law
147. Voir Dire
February 1981, Criminal Justice Section
148. Grand Jury
February 1981, Criminal Justice Section
149. Child Snatching
February 1981, Section of Family Law
150.
International Terrorism
February 1981, Section of International Law
151. National Law Library
February 1981, Standing Committee Law Library of Congress
400
152. Gifts
February 1981, Section of Taxation
153. Corporate Distributions
February 1981, Section of Taxation
154. Trusts
February 1981, Section of Taxation
155. Venue
February 1981, Section of Taxation
156. Death Definition
February 1981, Tort Trial and Insurance Practice Section
157. Product Liability
February 1981, Tort Trial and Insurance Practice Section
158. Legal Services Corporation
April 1981, Standing Committee on Legal Aid and Indigent Defendants
159. Older Americans Act
April 1981, Young Lawyers Division
160. Federal Court Subject Matter Limitations
August 1981, Standing Committee on Federal Judicial Improvements
161. Commission on the International Application of U.S. Antitrust Laws
August 1981, Section of International Law
162. Extraterritorial Application of U.S. Laws
August 1981, Section of International Law
163.
International Sale of Goods Convention
August 1981, Section of International Law
164.
Letters Rogatory Convention
August 1981, Section of International Law
165. Abused Children
August 1981, Young Lawyers Division
166. SEC Standards of Conduct
November 1981, Section of Business Law
167. Freedom of Information Act
January 1982, Section of Business Law
400
168. Criminal Justice Act
January 1982, Criminal Justice Section
169. Grand Jury Act
January 1982, Criminal Justice Section
170. Moon Treaty
January 1982, Section of International Law
171.
International Court of Justice
January 1982, Section of International Law
172. Debarment and Suspension
January 1982, Section of Public Contract Law
173. Acquisitive Corporate Reorganization
January 1982, Section of Taxation
174. Capital Gains
January 1982, Section of Taxation
175. State Taxation of Business
January 1982, Section of Taxation
176. Antiterrorist Convention
January 1982, Section of International Law
177. Appropriations for U.S. Tax Court
April 1982, Section of Taxation
178. Discipline of Lawyers
August 1982, Section Administrative Law and Regulatory Practice
179.
Equal Access to Justice Act
August 1982, Section Administrative Law and Regulatory Practice
180.
Access to Confidential Information
August 1982, Section of Business Law
181.
Independent Counsel-Special Prosecutor
August 1982, Criminal Justice Section
182.
Racketeer Influenced and Corrupt Organization Act
August 1982, Criminal Justice Section
400
183.
Habeas Corpus
August, 1982 Criminal Justice Section
184.
Spousal interests
August 1982, Section of Family Law
185.
Nuclear Arms Control
August 1982, Massachusetts Bar Association
186.
Independent Contractors
August 1982, Section of Taxation
187.
Bankruptcy Court Judges
September 1982. Section of Business Law
188.
Freedom of Information Act
February 1983, Section Administrative Law and Regulatory Practice
189.
Release of Net Worth Information
February 1983, Section Administrative Law and Regulatory Practice
190.
Task Force on Crime-Gun Control
February 1983, Criminal Justice Section
191.
Administrative Appeal
February 1983, Section of Individual Rights and Responsibilities
192.
Reform of Legal Immigration
February 1983, Section of Individual Rights and Responsibilities
193.
Employee Sanctions
February 1983, Section of Individual Rights and Responsibilities
194.
Judicial Review Availability
February 1983, Section of Individual Rights and Responsibilities
195.
Right to Counsel
February 1983. Section of Individual Rights and Responsibilities
196.
Summary Exclusion
February I 983, Section of Individual Rights and Responsibilities
197.
Certification of State Law Questions
February 1983, Standing Committee on Federal Judicial Improvements
198.
Nursing Home
February 1983, Commission on Law and Aging
400
199.
Insanity Defense
February 1983, Criminal Justice Section
200.
Prepaid Legal Services
February 1983, Standing Committee on Group and Prepaid Legal Services
201.
Product Liability
February 1983, Tort Trial and Insurance Practice Section
202.
Government Contractor Indemnification
February 1983, Tort Trial and Insurance Practice Section
203.
Lawyer Trust Accounts
April 1983, Commission on Interest on Lawyers Trust Accounts
204.
Export Import Bank
April 1983, Section of international Law
205.
Lawyer Referral Services
June 1983, Standing Committee Lawyer Referral and Information Service
206.
Freedom of information Act
August 1983, Section Administrative Law and Regulatory Practice
207.
State Regulatory Rulemaking
August 1983, Section Administrative Law and Regulatory Practice
208.
Military Records
August 1983, Standing Committee on Armed Forces Law
209.
Guidelines for Fair Treatment of Crime Victims and Witness in Criminal Justice System
August 1983, Criminal Justice Section
210.
Guidelines for Prosecutorial Education and Training for State and LocalProsecuting Attorneys
August 1983, Criminal Justice Section
211.
Capital Punishment
August 1983, Criminal Justice Section
212.
Contingent Fees
August 1983, Standing Committee on Ethics and Professional Responsibility
213.
Presidential Powers in Immigration Emergency
August 1983, Section of Individual Rights and Responsibilities
400
214.
State and Local Police Authority
August 1983, Section of Individual Rights and Responsibilities
215.
Extradition Act of 1983
August 1983, Section of International Law
216.
Law of the Sea
August 1983, Section of International Law
217.
Export Administration Act
August 1983, Section of International Law
218.
Guidelines for Reviewing Qualifications of Candidates for State Judicial Office
August 1983, Judicial Division
219.
Private Clubs
August 1983, State Bar of Michigan
220.
Property Taxes
August 1983, Section of Taxation
221.
Child Abuse Resources
August 1983, Young Lawyers Division
222.
Learning-Disabled Children
August 1983, Young Lawyers Division
223.
Freedom of Information Act
February 1984, Section of Administrative Law and Regulatory Practice
224.
Freedom of Information Act
February 1984, Section of Administrative Law and Regulatory Practice
225.
Grand Jury
February 1984, Criminal Justice Section
226.
Children's Issues
February 1984, Section of Family Law
227.
Marijuana
February 1984, Section of Individual Rights and Responsibilities
228.
United Nations
February 1984, Section of International Law
230.
Antitrust Procedures and Penalties Act
August 1984, Section of Antitrust Law
400
231.
Uniform Limited Offering Exemption
August 1984, Section of Business Law
232.
Juvenile Courts
August 1984, Criminal Justice Section
233.
Japanese Americans
August 1984, Section of Individual Rights and Responsibilities
234.
Convention on the Elimination of All Forms of Discrimination Against Women
August 1984, Section of International Law
235.
Supplemental Security Income
August 1984, Commission on Law and Aging
236.
International Disputes
August 1984, Section of International Law
237.
Lawyers in Government
August 1984, Standing Committee on Pro Bono and Public Service
238.
Administrative Agency Proceedings
February 1985, Section of Administrative Law and Regulatory Practice
239.
Tender Offers
February 1985, Section of Business Law
240.
Death Penalty Cases
February 1985, Criminal Justice Section
241.
Contracts for Criminal Defense Services
February 1985, Criminal Justice Section
242.
Apartheid
February 1985, Section of Individual Rights and Responsibilities
243.
Free Flow of Information
February 1985, Section of Individual Rights and Responsibilities
244.
Deficit Reduction Act
February 1985, Illinois State Bar Association
245.
Claims Court
February 1985, Section of Public Contract Law
400
246.
Nuclear Weapons
February 1985, Section of International Law
247.
Nuclear Weapons
February 1985, Section of International Law
248.
CERCLA-Superfund
April 1985, Section of Public Contract Law
249.
Comprehensive Crime Control Act
July 1985, Criminal Justice Section
250.
Criminal Defense Services
July 1985, Criminal Justice Section
251.
Corporal Punishment
July 1985, Section of Family Law
252.
Social Security Administration
July 1985, Standing Committee on Federal Judicial Improvements
253.
Legal Fees Equity Act-Attorney Fees
July 1985, Solo Small Firm and General Practice Division
254.
Solicitation Practices
July 1985, Houston Bar Association
255.
Youth Alcohol and Drug Abuse
July 1985, Section of Individual Rights and Responsibilities
256.
Biological Weapons
July 1985, Section of International Law
257.
Supreme Court Review of Military Appeals Decisions
July 1985, Standing Committee on Armed Forces Law
258.
Torture
July 1985, Section of Individual Rights and Responsibilities
261.
Executive Oversight
February 1986, Section of Administrative Law and Regulatory Practice
264.
Motor Fuel Service Stations
February 1986, Section of Antitrust law
265.
Petroleum Marketing Practices Act of 1978
February 1986, Section of Antitrust Law
400
266.
Privatization of Prisons
February 1986, Criminal Justice Section
267.
Money Laundering
February 1986, Criminal Justice Section
268.
Subpoenas to Attorneys
February 1986, Criminal Justice Section
269.
Federal Court Jurisdiction
February 1986, Standing Committee on Federal Judicial Improvements
270.
Federal Funding
February 1986, Section of Individual Rights and Responsibilities
271.
Process Patents
February 1986, Section of Intellectual Property
272.
United Nations Educational, Scientific and Cultural Organization
February 1986, Section of International Law
273.
Medical Professional Liability
February 1986, Standing Committee on Medical Professional Liability
274.
Bankruptcy- Federal Priority
February 1986, Section of Real Property, Trust and Estate Law
275.
Medicaid Reimbursement
February 1986, Young Lawyers Division
276.
Antidumping Act
August 1986, Section of Antitrust Law
277.
Racketeer Influenced and Corrupt Organizations Act
August 1986, Section of Antitrust Law
278.
Forfeiture Provisions
August 1986, Criminal Justice Section
279.
Federal Rules of Criminal Procedure and Evidence
August 1986, Criminal Justice Section
280.
Privacy of Electronic Communication
August 1986, Section of Individual Rights and Responsibilities
400
281.
Privacy Act of 1974
August 1986, Section of Individual Rights and Responsibilities
282.
Judicial Education Programs
Augus1986, Section of Individual Rights and Responsibilities
283.
Homeless
August 1986, Section of Individual Rights and Responsibilities
284.
Treaties Concerning the Reciprocal Encouragement and Protection of Investments
August 1986, Section of International Law
285.
Medical Malpractice in the Military
August 1986, Standing Committee on Legal Assistance for Military Personnel
286.
Military Trials
August 1986, Standing Committee on Armed Forces Law
287.
Court-Martial
August 1986, Standing Committee on Armed Forces Law
288.
Federal Disability Benefit Programs
August 1986, Commission on Law and Aging
289.
Convention on the Law Applicable to Trusts and on Their Recognition
August 1986, Real Property, Trust and Estate Law
290.
Mandatory Continuing Legal Education
August 1986, Young Lawyers Division
291.
Federal Trial Advocacy
August 1986, Young Lawyers Division
292.
Right to Food
August 1986, Section of Individual Rights and Responsibilities
293.
Immigration and Reform and Control Act of 1986
November 1986, Commission on Immigration
294.
Cambodia
February 1987, New York City Bar Association
295.
Money Laundering
February 1987, Criminal Justice Section
296.
Federal Rules of Criminal Procedure
February 1987, Criminal Justice Section
400
297.
Juvenile Courts
February 1987, Criminal Justice Section
298.
Child Support Orders
February 1987, Section of Family Law
300.
Design Protection
February 1987, Section of Intellectual Law
301.
Judges, Selection
February 1987, Section of International Law
302.
International Labor Standards
February 1987, Section of International Law
303.
Fixed-Price Construction Contracts
February 1987, Section of Public Contract Law
304.
Nuclear Incidents
February 1987, Tort Trial and Insurance Practice Section
305.
Tort Liability System
February 1987, Tort Trial and Insurance Practice Section
306.
Executive Privilege
August 1987, Section of Administrative Law and Regulatory Practice
307.
Legal Malpractice in U.S. Coast Guard
August 1987, Standing Committee on Armed Forces Law
308.
Military Bar Membership Category
August 1987, Standing Committee on Armed Forces Law
310.
Tax on Legal Services
August 1987, The Florida Bar
311.
Crimes of Violence
August 1987, Section of Individual Rights and Responsibilities
312.
Fair Housing
August 1987, Section of Individual Rights and Responsibilities
313.
Nuclear Weapons Testing
August1987, Section of International Law
400
314.
Immigration of Foreign Nationals Investing in the United States
August 1987, Section of International Law
315.
Judge Selection
August 1987, Section of Intellectual Property Law
316.
Home Health Care Standards
August 1987, Commission on Law and Aging
317.
Judicial Practices Concerning Guardianship
August 1987, Commission on Law and Aging
318.
Bankruptcy Judges
August 1987, National Conference of Specialized Court Judges
319.
Feres Doctrine
August 1987, Tort Trial and Insurance Practice Section
320.
Punitive Damages
August 1987, Tort Trial and Insurance Practice Section
321.
Parental Leave
August 1987, Young Lawyers Division
322.
Antitrust Law Enforcement
February 1988, Section of Administrative Law and Regulatory Practice
323.
Rulemaking
February 1988, Section of Administrative Law and Regulatory Practice
325.
Recovering Treble Damages
February 1988, Section of Antitrust Law
326.
Subpoenas to Attorneys
February 1988, Criminal Justice Section
327.
Family and Medical Leave
February 1988, Section of Individual Rights and Responsibilities
328.
Lawyers' Trust Accounts
February 1988, Commission on Interest on Lawyer Trust Accounts
329.
Montreal Protocol on Substances that Deplete the Ozone
February 1988, Section of lnternational Law
331.
Liability Exemption
February 1988, Section of Intellectual Property Law
400
332.
Death Penalty Cases
February 1988, Standing Committee on legal Aid and Indigent Defendants
333.
Cost-Plus-Fixed-Fee Research and Development Subcontracts
February 1988, Section of Public Contract law
334.
Fixed-Price Supply Subcontracts
February 1988, Section of Public Contract law
336.
AIDS
February 1988, Young Lawyers Division
337.
Immigration Legalization
February 1988, Young Lawyers Division
338.
United Nations
February 1988, Section of International Law
339.
Racketeer Influenced and Corrupt Organizations Act
April 1988, Section of Business Law
340.
Subpoena of Confidential Information
August 1988, Section of Administrative law and Regulatory Practice
341.
Dispute Resolution
August 1988, Section of Administrative Law and Regulatory Practice
342.
Regulatory Reform
August 1988, Section of Administrative Law and Regulatory Practice
343.
Rulemaking
August 1988, Section of Administrative law and Regulatory Practice
344.
Advertising
August 1988, Standing Committee on Publishing Oversight
345.
Retail Competition Enforcement Act
August 1988, Section of Antitrust Law
347.
Electronically Monitored Home Confinement
August 1988, Criminal Justice Section
348.
Jurisdiction Over Child Custody Disputes
August 1988, Section of Family Law
400
349.
Discrimination in Capital Sentencing
August 1988, Section of Individual Rights and Responsibilities
350.
Administrative Law Judges
August 1988, Judicial Division
351.
Judicial Sabbaticals
August 1988, National Conference of State Trial Judges
352.
Loan Forgiveness
August 1988, Law Student Division
353.
Medicare Procedures
August 1988, Commission on Law and Aging
354.
Administration of Justice
August 1988, Standing Committee on Professionalism
356.
Lawyers' Creed of Professionalism
August 1988, Tort Trial and Insurance Practice Section
357.
Women in the Legal Profession
August 1988, Commission on Women in the Profession
358.
Terrorism
August 1988, Section of International Law
359.
Pro Bono
August 1988, Young Lawyers Division
360.
Lawyers' Pledge of Professionalism
August 1988, Young Lawyers Division
361.
Children in Foster Care
August 1988, Young Lawyers Division
362.
Nonimmigrant Visas for Intra-Company Transferees
August 1988, American Immigration Lawyers Association
363.
Compensation for Assigned Counsel
August 1988, The State Bar of California
364.
Private Clubs
August 1988, The State Bar of California
365.
Genocide
August 1988, Philadelphia Bar Association
400
366.
Judicial Salary Improvement
November 1988, Judicial Division
367.
Administrative Conference of the United States
February 1989, Section of Administrative Law and Regulatory Practice
368.
Rulemaking
February 1989, Section of Administrative Law and Regulatory Practice
369.
AIDS
February 1989, Criminal Justice Section
370.
Extrinsic Evidence
February 1989, Criminal Justice Section
371.
United Nations Educational, Scientific and Cultural Organization
February 1989, Section of International Law
372.
U.S. Treaties
February 1989, Section of International Law
373.
Administrative Law Judges Compensation
February 1989, Standing Committee on Judicial Independence
374.
Long-Term Care
February 1989, Commission on Law and Aging
375.
Grandparent Visitation
February 1989, Commission on Law and Aging
376.
National Guardianship Symposium
February 1989, Commission on Disability Rights
377.
Judicial Leave
February 1989, National Conference of Specialized Court Judges
378.
Social Security Benefits
February 1989, Senior Lawyers Division
379.
Preference Categories
February 1989, American Immigration Lawyers Association
380.
Legal Services Corporation
February 1989, Los Angeles County Bar Association
400
381.
Access to Medicare/Medicaid Decisions
February 1989, Illinois Slate Bar Association
382.
Medicare/Medicaid Decertification Proceedings
February 1989, Illinois State Bar Association
383.
Sexual Orientation
February 1989, Massachusetts Bar Association
384.
Liability Insurance/ McCarran-Ferguson Act
February 1989, Tort Trial and Insurance Practice Section
385.
Assault Weapons
June 1989, Criminal Justice Section
386.
People’s Republic of China
June 1989, Section of International Law
387.
Department of Veterans' Affairs
August 1989, Section of Administrative Law and Regulatory Practice
388.
Federal Security Clearances
August 1989, Section of Administrative Law and Regulatory Practice
389.
Supreme Court Review of Military Appeals Decisions
August 1989, Standing Committee on Armed Forces law
390.
Dispute Resolution
August 1989, Section of Dispute Resolution
391.
Ballot Integrity Standards
August 1989, Standing Committee on Election Law
392.
Voter Participation
August 1989, Standing Committee on Election law
393.
Court-Appointed Special Advocates
August 1989, Section of Family Law
394.
Desecration of the Flag
August 1989, Section of Individual Rights and Responsibilities
395.
Organization of American States
August 1989, Section of Individual Rights and Responsibilities
396.
Multilateral Development Banks
August 1989, Section of Individual Rights and Responsibilities
400
397.
1990 Census
August 1989, Section of Individual Rights and Responsibilities
398.
AIDS
August 1989, Section of Individual Rights and Responsibilities
399.
International Court of Justice
August 1989, Section of International law
400.
International Commercial Arbitration
August 1989, Section of International law
401.
Iran
August 1989, Section of International Law
402.
World Health Organization
August 1989, Section of International Law
404.
Lawyer Referral Standards
August 1989, Standing Committee on Lawyers Referral and Information Service
405.
Home Equity Conversions
August 1989, Commission on Law and Aging
406.
Powers of Attorney
August 1989, Commission on Law and Aging
407.
Board and Care Facilities
August 1989, Commission on Law and Aging
408.
Graduation Requirements
August 1989, North Carolina Bar Association
409.
Ethics and Professionalism Instruction
August 1989, Standing Committee on Professionalism
410.
"Top heavy" Rules
August 1989, Section of Taxation
411.
Anti-Drug Abuse Amendments Act of 1988
February 1990, Section of Administrative Law and Regulatory Practice
412.
Regulatory Review
February 1990, Section of Administrative Law and Regulatory Practice
400
413.
Freedom of Information Act
February 1990, Section of Administrative Law and Regulatory Practice
414.
Insolvency
February 1990, Section of Business Law
415.
International Institute for the Unification of Private Law
Convention on International Financing Leasing
February 1990, Section of Business Law
416.
International Promissory Notes
February 1990, Section of Business Law
417.
International Institute for the Unification of Private Law
Convention on International Factoring
February 1990, Section of Business Law
418.
Prison and Jail Impact Statement
February 1990, Criminal Justice Section
419.
Operation of Prison or Jail Facilities
February 1990, Criminal Justice Section
420.
Correctional Education
February 1990, Criminal Justice Section
421.
Death Penalty Cases
February 1990, Criminal Justice Section
422.
Bank Secrecy Act and Money Laundering Control Act
February 1990, Criminal Justice Section
423.
Providing Defense Services
February 1990, Criminal Justice Section
424.
Medicaid Program
February 1990, Family Law Section
425.
American Indian Religious Freedom Act
February 1990, Section of lndividual Rights and Responsibilities
426.
Title VII of the Civil Rights Act
February 1990, Section of Individual Rights and Responsibilities
429.
Arbitration
February 1990, Section of International Law
400
430.
NATO
February 1990, Section of lnternational Law
431.
Inter-American Convention
February 1990, Section of International Law
432.
Settlement of International Disputes
February 1990, Section of International Law
435.
Standards for Judicial Compensation
February 1990, Judicial Division
436.
Court Organization
February 1990, Judicial Division
437.
Equal Employment Opportunities
February 1990, Judicial Division
438.
Social Security Administration
February 1990, National Conference of Administrative Law Judiciary
439.
CERCLA
February 1990, Section of Real Property, Trust and Estate Law
440.
Appeal of Civil Tax Cases
February 1990, Section of Taxation
441.
S Corporations
February 1990, Section of Taxation
442.
Federal Civil Jury
February 1990, Tort Trial and Insurance Practice Section
443.
HIV
February 1990, Young Lawyers Division
444.
Whistleblower Protection
February 1990, Young Lawyers Division
445.
Health Care Decisions
February 1990, Commission on Law and Aging
446.
Access to Health Care
February 1990, Commission on Law and Aging
447.
Social Security
February 1990, Commission on Law and Aging
400
449.
Law Library of Congress
February 1990, Standing Committee on Law Library of Congress
450.
Judicial Discipline and Impeachment Reform Act of 1989
February 1990, Standing Committee on Federal Judicial Improvements
451.
Visa Adjudication
February 1990, American Immigration Lawyers Association
452.
Right to Counsel
February 1990, American Immigration Lawyers Association
453.
Criminal and Civil Justice System
February 1990, Los Angeles County Bar Association
454.
State and Local Bar Associations
February 1990, The Florida Bar
455.
Colombia
February 1990, North Carolina Bar Association
456.
Democratic Governments
February 1990, North Carolina Bar Association
457.
Judicial Vacancies
February 1990, Virgin Islands Bar Association
458.
Rulemaking Analyses
August 1990, Section of Administrative Law and Regulatory Practice
459.
Witness Fees
August 1990, Section of Administrative Law and Regulatory Practice
460.
Presidential Review
August 1990, Section of Administrative Law and Regulatory Practice
461.
Public Housing Projects
August 1990, Bar Association of San Francisco
462.
Foreign Lawyers
August 1990, Section of Antitrust Law
463.
Termination of Competition Orders
August 1990, Section of Antitrust Law
400
464.
Foster Care
August 1990, Section of lndividual Rights and Responsibilities
465.
Income Tax Treaty
August 1990, Section of International Law
466.
Integrated market
August 1990, Section of International Law
467.
Equal Access to Justice Act
August 1990, National Conference of Administrative Law Judiciary
468.
Standards for State and Local Tax Procedures
August 1990, Section of Taxation
469.
Disclosure
August 1990, Section of Taxation
470.
Medicare/Medicaid Fraud Abuse Act
August 1990, Tort Trial and Insurance Practice Section
471.
Voter Registration
August 1990, Standing Committee on Election Law
472.
Legal Assistance
August 1990, Standing Committee on Legal Assistance for Military Personnel
473.
Military Prisons
August 1990, Standing Committee on Armed Forces Law
474.
Representatives
August 1990, Los Angeles County Bar Association
475.
Legal Services Corporation
August 1990, Standing Committee on Legal Aid and Indigent Defendants
476.
National Endowment for the Arts
August 1990, New York City Bar Association
477.
Model Law Firm/Legal Department Personnel Impairment Policy and
Guidelines
August 1990, Commission on Disability Rights
400
GENERAL INFORMATION FORM
Submitting Entity:
Submitted By:
1.
Secretary of the Association
Cara Lee Neville
Summary of Resolution:
In an ongoing effort to bring the Association's policies up to date, this resolution
consists of the review of policies through 1990. A policy that is archived is not
rescinded. It is retained for historical purposes, but cannot be expressed as a
current position of the ABA. The Secretary recommends that the policies set
forth in Attachment 1 of the resolution be archived.
2.
Approval by Submitting Entity:
The policies that have been placed on the archival list were reviewed by the
entities that originally submitted them. In cases in which the submitting entity is
now defunct, a successor entity was given the policy to review. They were
originally approved by either the Board of Governors of the House of Delegates
on the dates they were adopted.
3.
Has this or a similar resolution been submitted to the House for Board
previously?
Although the Association has from time to time culled its records, the policies on
the archival list have not been subject to review. They were originally approved
by either the Board of Governors or the House of Delegates on the dates they
were adopted.
4.
What existing Association policies are relevant to this resolution and how would
they be affected?
The archiving of any policy would have no affect on existing policies.
5.
What urgency exists which requires action at this meeting of the House?
Resolution 400 mandates the review of policies 10 years old or older.
6.
Status of Legislation (If applicable)
N/A
7.
Brief explanation regarding plans for implementation of the policy, if adopted by
the House of Delegates.
400
The Policy and Procedures Handbook will be updated to reflect those policies
that have been archived.
8.
Cost to the Association. (Both direct and indirect costs)
Costs of Printing.
9.
Disclosure of Interest. (If applicable)
10.
Referrals.
None.
11.
Contact Name and Address Information. (Prior to the meeting. Please include
name, address, telephone number and e-mail address)
Honorable Cara Lee Neville, Secretary
300 S. 6th Street
#1859
Minneapolis, MN 55487
612-348-8901
caralee.neville@courts.mn.us
Richard Collins
American Bar Association
321 North Clark Street
Chicago, Illinois 60610
312/988-5162
Richard.Collins@americanbar.org
400
EXECUTIVE SUMMARY
1.
Summary of the resolution
This resolution archives Association Policies dated through 1990. A policy that is
archived is not rescinded. It is retained for historical purposes, but cannot be
expressed as a current position of the ABA.
2.
Summary of the issue which the resolution addresses
The archiving project, mandated by the House of Delegates in 1996, will improve
the usefulness of the catalogued Association positions on issues of public policy.
Many of the Association’s positions were adopted decades ago and are no
longer relevant or effective.
3.
An explanation of how the proposed policy will address the issue
The archiving project will allow the Association to pursue primary objectives by
focusing on current matters. It will prevent an outdated ABA policy from being
cited in an attempt to refute Association witnesses testifying on more recent
policy positions.
4.
A summary of any minority views or opposition which have been identified
None at this time