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Standing Committee on Law and National Security

American Bar Association
 Standing Committee on Law and National Security

Center for National Security Law, University of Virginia School of Law
Center on Law, Ethics and National Security, Duke University School of Law

 present

18th Annual Review of the Field of National Security Law
Issues for the New Administration

November 6 – November 7, 2008

 Renaissance Washington DC Hotel
  Renaissance Ballroom
 999 9th Street, NW
 Washington, DC


Thursday, November 6, 2008

7:30 a.m. Registration and Continental Breakfast
8:15 a.m.

Welcome
Albert C. Harvey, Chair
ABA Standing Committee on Law and National Security

8:30 - 9:15 a.m.

PANEL I: The Nature, Scope and Scale of National Security Threats Inside and Outside
the United States

  Moderator:
Suzanne E. Spaulding
Principal, Bingham Consulting Group
 

Panelists:          
Joel F.  Brenner
National Counterintelligence Executive
Office of the Director of National Intelligence

David Kay
Consultant and former IAEA/UNSCOM Chief Nuclear Weapons Inspector

Joseph Billy, Jr.
Vice President of Global Security Prudential and former Assistant Director for Counterterrorism, FBI

9:15 - 10:45 a.m.

PANEL II: Managing the Intelligence Enterprise

 

Moderator:
M. E. “Spike” Bowman
Deputy, National Counterintelligence Executive
Office of the Director of National Intelligence

 

Panelists:
Wyndee Parker
Deputy Staff Director and General Counsel
House Permanent Select Committee on Intelligence

William C. Banks
Professor of Law and Director
Institute for National Security and Counterterrorism
Syracuse University College of Law

Michael J. Heimbach
Assistant Director of Counterterrorism
Federal Bureau of Investigation

James R. Locher III
Executive Director
Project on National Security Reform
Center on the Study of the Presidency

10:45 a.m. Break
11:00 a.m. - 12:30 p.m. PANEL III: A Sustainable Legal Regime for Foreign and Domestic Intelligence
 

Moderator:
Elizabeth Rindskopf Parker
Dean, McGeorge School of Law
University of the Pacific

 

Panelists:
Lara M. Flint
Counsel, Subcommittee on the Constitution
Senate Judiciary Committee

John Rizzo
Senior Deputy General Counsel
Central Intelligence Agency

James A. Baker
Former Counsel for Intelligence Policy
Office of Intelligence Policy and Review
Department of Justice

James McPherson
Executive Director
National Association of Attorneys General

12:30 - 2:00 p.m.

Luncheon – Keynote Speaker:
"Restoring Integrity in Government Lawyering"
The Honorable Sheldon Whitehouse

United States Senate, RI

2:15 - 4:15 p.m.

Panel IV: The War in Georgia and the Future of U.S./Russian Relations

 

Moderator:
John Norton Moore
Director, Center for National Security Law and Walter L. Brown Professor of Law
University of Virginia School of Law

 

Panelists:
His Excellency Sergei I. Kislyak
Ambassador of the Russian Federation to the United States

Lawrence Eagleburger
Former Secretary of State

Ambassador James F. Collins
Senior Associate and Director
Russia and Eurasia Program
Carnegie Endowment for Int'l Peace and former U.S. Ambassador to the Russian Federation

Dimitri K. Simes
President, The Nixon Center
and Publisher, The National Interest

4:00 p.m. Break
4:15 - 5:30 p.m.

PANEL V: Challenges for the Private Sector in National Security

 

Moderator:
Judith Miller
Senior Vice President and General Counsel
Bechtel Group, Inc.

 

Panelists:
Angeline G. Chen
Associate General Counsel
Lockheed Martin Corporation

John MacGaffin
Senior Director
CENTRA Technology

Gordon M. Snow
Section Chief for Networks & Cyber
Office of the National Counterintelligence Executive

6:00 p.m. Reception
6:15 p.m.

Keynote Speaker:
Admiral Michael Mullen, USN
Chairman Joint Chiefs of Staff

7:15 p.m. Dinner - Grand Ballroom

Friday, November 7, 2008

 

7:45 a.m. Continental Breakfast
8:10 a.m.

Welcome:
John Norton Moore

Opening Remarks:
H. Thomas Wells, Jr.
President
American Bar Association

8:30 - 10:15 a.m.

Panel VI: Due Process and Issues Surrounding Detention: Considerations for the New Administration

 

Moderator:
Harvey Rishikof
Professor of Law and National Security Studies
National War College

 

Panelists:
Kate Martin
Director
Center for National Security Studies

CDR Glenn M. Sulmasy, USCG
Associate Professor of Law
Department of Humanities, Law Section
United States Coast Guard Academy

Matthew Waxman
Associate Professor of Law
Columbia Law School

Benjamin Wittes
Fellow and Research Director in Public Law
The Brookings Institution

10:15 a.m. Break
10:30 - 12:15 p.m.

Panel VII: Prosecution by Military Commission: A Question for the Next Administration

 

Moderator:
Scott L. Silliman
Professor of the Practice of Law and Executive Director of the
Center on Law, Ethics and National Security
Duke University School of Law

 

Panelists:
John D. Altenburg, Jr., MAJ GEN, USA (Ret.)
Of Counsel, Greenberg Traurig and former
Appointing Authority for Military Commissions

Charles D. Swift
Former Visiting Professor
Emory Law School and Retired LCDR, Navy JAG Corps
                                                               
Jameel Jaffer
Director
National Security Project
American Civil Liberties Union

David B. Rivkin
Partner
Baker Hostetler

12:15 p.m. Break
12:30-2:15 p.m.

Luncheon – Keynote Speaker:
"National Security: The Changing Role of the Courts"
The Honorable David B. Sentelle
Chief Judge, United States Court of Appeals for the District of Columbia Circuit

2:30-4:30 p.m.

Panel VIII: Ethical Issues for  National Security Lawyers

 

Moderator:
Albert C. Harvey

 

Panelists:
James E. Baker
Judge, U.S. Court of Appeals for the Armed Forces
and Adjunct Professor, Georgetown University Law Center

Kathleen Clark
Professor of Law and Co-Director of Congressional and
Administrative Law Clinic, Washington University Law School

John D. Hutson
Dean and President
Franklin Pierce Law School

Alberto J. Mora
Former General Counsel, U.S. Navy

4:30 p.m. Adjourn

 

American Bar Association
Standing Committee on Law and National Security
740 15th Street, NW
Washington, DC 20005-1022
Tel: 202/662-1036
Fax: 202/662-1032
Website: http://www.abanet.org/natsecurity