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FRIDAY, AUGUST 6, 2010 Emerging Legal & Social Issues in Same-Sex Dissolutions (register for teleconference) This panel will present an overview of emerging legal issues arising in the dissolution of same-sex partnerships, including the interaction of non-marital and marital law, jurisdictional debates regarding recognition of out-of-state parentage and marriages/partnerships, and the consequences of federal non-recognition, especially the tax ramifications of dissolutions. The panel will explore the underlying social issues of gender, relationship recognition, the politics of civil marriage, and the new demographics of lesbian and gay communities in the context of the changing legal environment and discuss the value of mediation and collaborative approaches to same-sex dissolutions, and the need for legal and social competence on the part of attorney and mediator practitioners. Panelists: Fellows Research Seminar: Does Anyone Win at the EEOC? Findings from the American Bar Foundation Employment Discrimination Litigation Research Project This seminar will present findings from the Employment Discrimination Litigation Research Project of the American Bar Foundation, which collected date from a large random sample of federal court filings for the period 1988-2003; conducted interviews with 100 plaintiffs, defendants, and their counsel; and matched date from the EEOC charge database for the same period. This uniquely comprehensive study reveals how employment discrimination litigation actually operates, including the prospects for success, the size of typical settlements and awards, the roles that the race and gender of plaintiffs play, and the profound importance of legal counsel to case outcomes. Speakers: Justice 12.0 - Is There an App for That? What changes does the future hold for substantive law? With an increasingly crowded planet, what new areas of law will develop to deal with scarcity and ration resources? How will the law evolve to address the growing challenges of science and technology, and privacy (or lack thereof)? Will we continue to have state law, and state courts? Will we continue to have U.S. law and U.S. courts? Will the international harmonization of laws make U.S. law less important? Will we have more disputes, or fewer disputes? How will the types of disputes, and the parties, change? Will the trends toward specialized courts and ADR continue? How will demographic changes impact the justice system of the future? Will families and communities be structured fundamentally differently? Will the justice system continue to play the same role in U.S. society, or will that change as well? This is a complimentary CLE program. Chair:
12:00pm – 1:30pm Over the last decade the field of ADR has exploded as parties have learned the benefits of reaching agreement or otherwise settling disputes outside of the court. Mediator was ranked by US News and World Report as one of the hottest career fields to enter. A panel of experienced ADR professionals from various practice settings will discuss how law students can enter the ADR field; what skills and training are needed to succeed; ways to build and parlay your conflict resolution skills for use both in business and in the community; and answers to your most pressing questions about where the jobs are in this hot and growing field. This luncheon program is complimentary for ABA Law Student Division members. To attend, please visit the Law Student Division registration desk at the Marriott Marquis to pick up a lunch ticket. Limited space is available. Moderator: Panelists:
For the past decade, online dispute resolution (ODR) has evolved yet there has been limited discussion regarding ethics for the ODR practitioner. How ethical standards such as confidentiality, party self-determination, neutral impartiality, and conflicts of interest impact the credibility of ODR? What is the neutral's liability if ethical standards are violated online? What ethical standards do or should control an ODR practice? Join a lively discussion filled with ODR hypotheticals that raise ethical concerns. Panelists: Judging Aging: The Quiz Show This informative and highly-interactive presentation will begin with a brief, multi-media overview of the subject. Then, in an entertaining “game show” format, audience members will use hand-held technology to “vote” (anonymously) on the answers to quiz questions on topics including the specific cognitive functions used in the process of “judging,” how aging affects those functions, the positive effects associated with aging which enhance judges’ performance, the differences between normal and abnormal aging, what judges can do to enhance cognitive functioning and slow age- related deterioration, how judges can monitor their own cognitive status, “coping strategies” that individual judges can use to compensate for the effects of aging, and how judges’ caseloads can be structured to maximize their contributions as they age. This is a complimentary CLE program.
3:45pm – 5:15pm Practicing Law in a Fishbowl – The New Reality of Engaging the Public in Environmental Decision-Making This program will address the use of Environmental Conflict Resolution (ECR) techniques in different types of environmental matters where numerous participants are involved in the environmental decision-making process (e.g. federal, state and local government responses to climate change and the development of state adaptation plans; the development and implementation of Total Maximum Daily Loads (TMDLs) and large natural resource restoration projects; Negotiated Rulemaking; the siting and construction of large environmentally significant projects like wind projects). The program will employ an interactive format beginning with short presentations followed by a role plays using case studies to illustrate the use of ECR techniques applicable to the fact patterns. Panelists: E-Discovery Headache: Take Two Aspirin and Call a Special Master With e-discovery now a way of life in civil litigation, it threatens to make the preservation and production of documents prohibitively expensive and disruptive to the parties' business. Counsel and their clients are often unable to approach e-discovery with the candid and collaborative attitude that it requires - and that courts are demanding. A cost-effective solution is for the court to appoint a special master, knowledgeable about the legal and technical aspects of e-discovery, to mediate and regulate the process. The panel will identify the situations that call for a special master; review the appointment process set forth in Federal Rule 53; and discuss how a special master can persuade, and if necessary require, the parties to engage in "best practices" for conducting e-discovery. The panel will also explore the use of special masters in state court actions, and to solve the special problems presented by e-discovery in arbitrations. Panelists:
Section Reception & Dinner Ticket Prices: Register online for the Section Reception & Dinner Registration Section Dinner - Friday, August 6
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