400AMERICAN BAR ASSOCIATION

OFFICE OF THE SECRETARY

REPORT TO THE HOUSE OF DELEGATES

RESOLUTION

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FURTHER RESOLVED, That policies which have been archived may be reactivated at the request of the original sponsoring entities.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.

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400Attachment 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

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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

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400433. 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

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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.

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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, amendmentof 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; andRESOLVED 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.

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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 theJudiciary message

May, 1970; Proceedings, p.38-39RECOMMENDATION 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.

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40023. 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.

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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.

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40036. Safety of Judges October 1972, Judicial Division

Personal Attacks upon Judges

October, 1972; Proceedings, p.26-27 BOG Exhibit V.3RECOMMENDATION 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.

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69. Legal Assistance for Military Personnel and Dependents July 1977, Standing Committee on Armed Forces Law

The 1978 Defense Appropriation Bill, H.R.7933July 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 Meeting1979) 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.

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400123. 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 re-examination 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 re-examination 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 Meeting1980) 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.

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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.

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400259. 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 CollectionPractices Act

November 8, 1985; Board of Governors Minutes, pp.05-06; Agenda Exhibit 2.8RECOMMENDATION 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.

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400262. 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.

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400299. 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.

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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_1403of 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 bythe 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 topurchase 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, firstsession.

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.

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400346. 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 theDepartment'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.

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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, and4) 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.

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400403. 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 willonly 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.

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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.

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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.

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400

REPORTPursuant 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, SecretaryAmerican Bar AssociationFebruary 2014

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400APPENDIX A

Approved by the House of Delegates, August, 1996

Report No. 400The 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.

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400APPENDIX B

The entities below reviewed and recommended disposition of the policies contained in the report:

Section, Divisions and Forums

Affordable Housing and Community DevelopmentAppellate Judges ConferenceCriminal Justice SectionGovernment and Public Sector DivisionJudicial DivisionLaw Practice Management SectionLaw Student DivisionNational Conference of Federal Trial JudgesNational Conference of Specialized Court JudgesNational Conference of The Administrative Law JudiciarySection of Administrative Law and Regulatory PracticeSection of Antitrust LawSection of Business LawSection of Dispute ResolutionSection of Environment, Energy, and ResourcesSection of Family LawSection of Individual Rights and ResponsibilitiesSection of Intellectual Property LawSection of International LawSection of Labor and Employment LawSection of Legal Education and Admission to the BarSection of LitigationSection of Public Contract LawSection of Public Utility Communication and Transportation LawSection of Real Property, Trust and Estate LawSection of TaxationSenior Lawyers DivisionSolo Small Firm and General Practice DivisionTort Trial & Insurance Practice SectionYoung Lawyers Division

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Standing Committees

Armed Forces LawContinuing Legal EducationElection LawEthics and Professional Responsibility Federal Judicial improvementsGroup and Prepaid Legal Services Judicial IndependenceLaw and National SecurityLaw Library of CongressLawyer Referral and Information ServiceLegal Aid and Indigent DefendantsLegal Assistance for Military PersonnelMedical Professional LiabilityPro Bono and Public ServiceProfessionalism Publishing Oversight

Special Committees and Commissions

Commission on Disability RightsCommission on ImmigrationCommission on Interest on Lawyers Trust AccountsCommission on Law and AgingCommission on Lawyers Assistance ProgramsCommission on Women in the ProfessionCouncil for Racial & Ethnic Diversity in the Educational PipelineSpecial Committee on Death Penalty Representation Project

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400State & Local and Territorial Bar Associations

Bar Association of San FranciscoColorado Bar AssociationHouston Bar AssociationIllinois State Bar AssociationLawyers Club of San FranciscoLos Angeles County Bar AssociationMassachusetts Bar AssociationNew York City Bar AssociationNorth Carolina Bar AssociationPennsylvania Bar AssociationPhiladelphia Bar AssociationState Bar of GeorgiaState Bar of MichiganState Bar of WisconsinThe Florida BarThe Iowa State Bar AssociationThe Mississippi BarThe State Bar of CaliforniaVirgin Islands Bar Association

Affiliated Organizations

American Immigration Lawyers AssociationFederal Communications Bar AssociationThe Federal Bar Association

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Attachment CPolicies 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

1

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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

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40038. 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

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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

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40070. 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

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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

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400102. 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

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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

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400135. 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

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400152. 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

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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

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400183. 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

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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 Local- Prosecuting 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

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400214. 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

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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

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400246. 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

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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

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400281. 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

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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

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400314. 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

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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

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400349. 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

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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

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400381. 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

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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

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400413. 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

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400430. 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

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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

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400464. 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

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400GENERAL INFORMATION FORM

Submitting Entity: Secretary of the Association

Submitted By: Cara Lee Neville

1. 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.

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400The 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#1859Minneapolis, MN 55487612-348-8901caralee.neville@courts.mn.us

Richard CollinsAmerican Bar Association321 North Clark StreetChicago, Illinois 60610312/988-5162Richard.Collins@americanbar.org

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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 addressesThe 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

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