PBCBA BAR BULLETINS MAY 2020 BULLETIN - Page 5

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 Please note, this does not include proposed reports that were withdrawn before being voted upon, and none of the proposed reports were rejected during voting.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 5 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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