ABA DELEGATE REPORT
ABA Delegate Report Midyear Meeting
DAVID MILLER
Dear Fellow PBCBA Members: Citizenship Clause. Approval of Paralegal Education Programs.
Below, please find summaries of the reports
that were approved by the American Bar
Association House of Delegates at the
2020 Midyear Meeting. Please note, this
does not include proposed reports that
were withdrawn before being voted upon,
and none of the proposed reports were
rejected during voting. If you have any
questions or otherwise wish to speak with
me about any of the reports, the ABA, the
House of Delegates and/or what we in the
PBCBA can seek to do at the next ABAHOD
meeting, please do not hesitate to email or
call me at [email protected]
or (561)469-1160 (extension 216). 10D – urges federal courts to interpret
the relationship of federal habeas corpus
and federal civil rights law to permit an
individual who is ineligible for federal
habeas corpus relief to bring a civil rights
claim pursuant to 42 U.S.C. § 1983 for
civil rights violations associated with the
criminal process leading to a criminal
conviction. 103A - Urges all federal, state, local,
territorial, and tribal legislative bodies to
enact laws, and governmental agencies
to adopt policies, that provide law
enforcement officers with comprehensive
animal encounter training on the
reasonable use of force necessary to
better secure the safety of such officers,
protect public health, reduce legal liability,
and ensure the humane treatment of the
animals encountered.
Thank you,
David Miller
PBCBA Delegate to the ABA
10A – Urges federal, state, local, territorial,
and tribal governments to acknowledge
and prioritize responding to the Missing
and
Murdered
Indigenous
Women
(MMIW) crisis, and urges Congress to pass
legislation that (1) prioritizes national data
collection and tribal access to that data, (2)
develops inter-jurisdictional protocols, and
(3) provides a holistic response.
10B – Urges federal, state, local, territorial,
and tribal governments to examine existing
policies on the use of lethal force against
individuals during law enforcement
encounters -- including investigative
stops, arrests, and searches – in order to
determine whether those policies should
be modified to ensure that the lethal force
is only employed against individuals when
necessary to protect officers or public
safety.
10C – Supports an interpretation of the
Citizenship Clause of the Fourteenth
Amendment to the United States
Constitution that recognizes all persons
born in the territories, possessions, and
commonwealths of the United States, and
who are subject to the jurisdiction of the
United States, as natural-born citizens
of the United States; and further urges
the Judiciary to declare 8 U.S.C. § 1408(1)
as unconstitutional in violation of the
100A – Concurs in the action of the
Council of the Section of Legal Education
and Admissions to the Bar in making
amendments dated February 2020 to Rules
13, 29, 30-36, 37, and 39 of the ABA Standards
and Rules of Procedure for Approval of Law
Schools.
100B – Concurs in the action of the
Council of the Section of Legal Education
and Admissions to the Bar in making
amendments dated February 2020 to
Standards 202, 307, 310, 502, and 509 of the
ABA Standards and Rules of Procedure for
Approval of Law Schools.
101A – Supports a rebuttable presumption
of irreparable harm for purposes of
preliminary or permanent injunctive
relief in trademark infringement cases
and supports amending section 34 of the
Lanham act, 15 U.S.C. § 1116, to provide for
such a presumption.
101B – Supports a right that would legally
compel the disclosure of internet domain
name registrant contact information
by any U.S. entity that administers and
maintains such contact information, upon
receipt of a notice alleging a legitimate
interest based on the registrant’s violations
of applicable laws relating to intellectual
property protections.
102A - Grants approval to 3 programs,
grants reapproval to 19 paralegal education
programs, withdraws the approval of 6
programs at the request of the institutions,
and extends the terms of approval to 38
paralegal education programs.
102B - Adopts amendments, dated February
2020, to the ABA Guidelines for the
PBCBA BAR BULLETIN
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103B - Urges Congress to enact legislation
to clarify and ensure that it does not
constitute a federal crime for qualified
lawyers to provide legal advice and
services to clients regarding marijuana-
related activities that are in compliance
with state, territorial, and tribal law.
103C - Urges state, territorial and federal
courts to apply the modern incorporation
doctrine standards to the Seventh
Amendment to the Constitution of the
United States and make its formulation
of the fundamental right to trial by jury
in civil cases applicable to all states and
territories of the Union.
103D - Urges Congress to enact legislation
to clarify and ensure that it shall not
constitute a federal crime for banking and
financial institutions to provide services
to businesses and individuals, including
attorneys, who receive compensation from
the sale of state-legalized cannabis or
who provide services to cannabis-related
legitimate business acting in accordance
with state, territorial, and tribal laws.
104A - Urges all nations, including the
United States, to become party to and
implement the United Nations Convention
on International Settlement Agreements
Resulting from Mediation (also known as
the Singapore Mediation Convention.
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