2008 Programs

Special Education Hearing Officer Training

November 18-21, 2008: The Academy for IDEA Administrative Law Judges and Hearing Officers will conduct a four-day training for special education hearing officers in Sacramento, California. The training will address disability awareness, testing and assessment, case management and procedures and mediation. Attendance is available only to persons who currently serve as special education hearing officers, or to state-level hearing system administrative personnel not involved in representation of state or local level education agencies.

The Billable Hour

November 14, 2008: Most practitioners today probably are unaware that hourly billing is a relatively recent practice. As the ABA’s Ad Hoc Committee on Billable Hours states, “For generations, lawyers had billed for the value of their legal services with a variety of different methods, all of which were based on some variation of the factors set forth in the Rules of Professional Conduct. Straight hourly billing became the predominant billing method only within the last 50 years.” Since then, however, “there has been a growing concern that the demands of increased billable hours [are] having unintended consequences and compromising the health and well-being of lawyers and the communities they service. At the same time, time-based billing practices can raise ethical questions and create perverse disincentives.”

Following a brief review of the history of hourly billing, this program will examine the non-economic and economic impact of time billing and its alternatives, as well as discuss how billing practices might be examined to assess their impact.

Special Needs Children and Adults

November 8, 2008: This program will provide an introduction to the legal framework for addressing the needs of children and young adults with disabilities. The morning session is an overview of the Individuals with Disabilities Education Act (IDEA), which entitles eligible children to a free appropriate public education. Both substance and advocacy techniques will be discussed. The afternoon session focuses on post-secondary education concerns, including transition to the workplace, guardianship, benefits and special needs trusts. Janice E. Shave, a Washington State Administrative Law Judge and the caseload coordinator for the Office of Administrative Hearings, will discuss “due process” hearings during the luncheon session. Attendees may register for either or both sessions, and all registrants will be entitled to attend the luncheon session.

Genetic Testing and Nondescrimination

October 24, 2008: On May 21, 2008, the President signed into law the Genetic Information Nondiscrimination Act, Pub.L. 110.233, prohibiting discrimination on the basis of genetic information with respect to health insurance and employment. The legislation was intended to allay concerns about the potential for discrimination and encourage individuals to participate in genetic research and take advantage of genetic testing, new technologies and new therapies. After a brief overview of the present capabilities and limitations of genetic testing, including the types, purposes and protections of testing routinely conducted, this program will provide an overview of the new legislation, and discuss how it may affect employment decisions and decisions by various types of health insurers and providers.

Congress v. The President - House Judiciary Committee v. Miers

October 17, 2008: On March 11, 2008, the Committee on the Judiciary of the U.S. House of Representatives filed suit in the Federal District Court in Washington, D.C., asking Judge John D. Bates to enforce its subpoenas of Harriet E. Miers, former White House Counsel and Joshua B. Bolten, White House Chief of Staff, for their refusal to comply with Committee subpoenas seeking information and documents concerning the firing of U.S. attorneys in 2006. From both historical and contemporary aspects, this dispute presents an unprecedented illustration of fundamental principles of Constitutional law, as well as their application in a practical context. At issue is the Administration's assertion of executive privilege, not contained in the Constitution and formally recognized by the U.S. Supreme Court only in 1974. As reported by The New York Times: "There has been no ruling about whether such a privilege outweighs a request by Congress for White House information to perform its oversight of the executive branch. In the handful of cases since then, the White House has reached compromises with Congress or others." This dispute will be argued in a "moot court" format by Law School students under the counsel and supervision of Law School faculty. Argument will be preceded and followed by panel discussions. Seattle University School of Law Public Policy Forum.

Keys to Opportunity: Car Ownership & Finance

October 3, 2008: The current price of gasoline has emphasized how affordable and reliable transportation is essential for a strong economy. Workers who own cars have improved employment and earnings potential, enjoy more quality time with their families, and benefit from better access to financial services than those without a vehicle. However, the process of purchasing an automobile can expose an individual to predatory lending practices and fraud. This program will discuss the consumer automobile purchasing experience; the economic importance of vehicle ownership; current state and federal statutes regulating automobile sales, financing, and insurance; and promising practices from throughout the nation. The program will also focus on potential legislative approaches that can improve the automobile sales and financing experience for consumers in Washington State. Participants may expect to gain a better understanding of the automobile sales and financing process, as well as being aware of ideas for legislative change. Organized by the Mobility Agenda & Port Jobs.

Credit Abuse & Predatory Lending

September 5, 2008: Organized and presented as a Community Service Project by the Washington State Bar Association Leadership Institute, September 5, 2009 at Seattle University School of Law examines the problems of predatory lending in various settings: housing, high-interest short-term and “payday” loans, collections, garnishment and credit reports, and college credit and the care program. This CLE explores strategies for representing clients who face collections, garnishment and foreclosure as well as clients who wish to purchase a new home and seek debt relief alternatives to restore their credit. Additional topics will address the legal issues associated with college loans and credit card debt and offer relief strategies. Lunch: Keynote Speaker: David Huey, Washington Attorney General's Office.

40-Hour Basic Mediation Training

August 18-22, 2008: If you'd like to become a mediator, this class is the foundation. This 40-hour, 5-day training teaches the basic skills of facilitative mediation, using the interest-based approach common in community dispute resolution. If you are an attorney, teacher, therapist, manager or human resource professional, this class will build your skills in communication, conflict management, facilitating difficult conversations and creating effective working relationships. Students completing this training are eligible to apply for the Dispute Resolution Center of King County’s mentored practicum. Presented by the Dispute Resolution Board of Seattle University School of Law and the Dispute Resolution Center of King County, Sponsored by Seattle University School of Law.

The Implementation of the American Indian Probate Reform Act - New Federal Regulations and Tribal Probate Codes

July 22-23, 2008: The Institute for Indian Estate Planning and Probate at Seattle University School of Law presents this two day symposium on July 22-23, 2008. Evening Reception and Book Signing on the 23rd with Professor Robert J. Miller, Author of Native America, Discovered and Conquered.

Seventh National Academy for IDEA Administrative Law Judges and Hearing Officers

July 16-18, 2008

Public Defense in Misdemeanor Cases: How to Make the Promise of Argersinger Real in 21st Century America

Friday, July 11, 2008: The National Association of Criminal Defense Lawyers and The Defender Initiative at Seattle University School of Law are hosting two conferences, one in New York and one in Seattle, to examine the strengths and weaknesses of misdemeanor public defense in the United States and to develop recommendations for improvement. The conferences will be a key part of a project that will include site visits in eight states and a review of case law and publications related to provision of misdemeanor public defense. The project will culminate in a report to the NACDL Board of Directors and in recommendations to be published and available on the internet. The Seattle conference will be held on July 11. There is no charge to attend this conference, but advance registration is required. Registration is limited to the first 100 people to sign up.

Sixth Annual Director's Training Academy

Thursday, June 12, 2008: The annual Seattle University Directors Training Academy is the premiere full-day corporate governance training institute for public and private companies in the Pacific Northwest. Hosted by the Center on Corporations, Law & Society at Seattle University School of Law, the Academy provides corporate board members, senior executives and their counsel with the practical insights and necessary tools to improve the expertise and effectiveness of board directors in our continuingly shifting legal, political, and economic landscape. The day mixes full group instruction on current topics, lively discussion among participants, and active application of the day’s topics in mock "Board Meetings" where attendees work together through a relevant case study in small groups

Legal and Professional Ethics CLE Agenda

Friday, April 25 from 1-4 p.m., with Networking Lunch from 12-1 p.m.: As part of the Gala Celebration of the Seattle University School of Law 35th Anniversary, three of the Law School's most distinguished faculty will examine and discuss the implications of the new Washington Rules of Professional Conduct in three specific contexts. The presenters include Professor Janet Ainsworth, Associate Professor Sidney DeLong, and Associate Professor John Strait.

Advertising Law in a Changing World - It’s Not Your Father’s Media Mix

Friday, April 18, 2008: The way companies communicate with their customers has changed. They are relying on new marketing strategies, like buzz, viral and word of mouth. Today it is as likely that marketers will reach their customers through the Internet as it is through traditional media, like television and radio. Not surprisingly, the legal landscape has changed as well. Hear from the FTC and the National Advertising Review Council on current hot-button issues in advertising law and self-regulation. Leading in-house and outside legal counsel will provide key insights on cutting edge issues, including advertising to children, product placement, user generated content, word of mouth, and viral marketing. A lawyer’s role in advising clients regarding corporate responsibility and issues of disclosure in light of new technology will be explored.

Who’s Minding the Store? - The Current State of Food Safety and How It Can Be Improved

Friday & Saturday, April 11 & 12, 2008: Few subjects draw more immediate attention or concern than the safety of the food we eat. Recent years have included a plethora of food warnings and recalls, raising new questions about the quality and integrity of our existing system for assuring food safety. Seattle was the epicenter of the Jack in the Box E. coli outbreak that sickened 600 and killed four 15 years ago. In addition to explaining how our present system works, this program is intended to discuss how changing consumer preferences are affecting the development and distribution of food, examine whether Federal, state and industry oversight roles are changing, and discuss how the regulatory and judicial processes can be most efficiently balanced. Participants include national and local representatives of government, the food industry, consumer organizations and scientists.

The Holman Ethics Seminar: Advising Clients Concerning End of Life Issues

Friday, April 4, 2008: This is the fourth presentation of an annual program at Seattle University School of Law initiated at the suggestion and with the support of distinguished alumnus James L. Holman. The program consists of a week-long emphasis on law and ethics, including informal and special class presentations and culminating in a CLE program. The CLE program offers a day-long discussion among leaders of the bar, experienced area practitioners, faculty, and legal ethicists. The 2008 program will focus on ethical issues implicit in the counseling of clients concerning end of life issues.

Preserving Family Ties - Alternate Dispute Resolution in Family Law

Friday, March 28, 2008: Alternative dispute resolution (ADR) is an ever-increasing component of family law. This program will identify and explore useful techniques that practitioners in this area can employ to help alleviate strain on the family unit. The keynote presentation will discuss the conflicts between the attorney's roles as zealous advocate and collaborative problem solver. Additional speakers will also address the ethical obligations that family law practitioners have to their clients, including practical ways to prevent ethical conflicts. The full day program includes an ADR skills training workshop in the afternoon.

Fighting Predatory Mortgage Lending

Wednesday & Thursday, March 19 & 20, 2008: This two-day training will focus on combating the abuses that are rampant in the predatory mortgage loan marketplace. The training, which will be conducted by local and national experts in the fight against predatory lending, is an intermediate-level training for practitioners who have had some basic exposure to this practice area. Topics covered will range from the evolving subprime mortgage marketplace and prevalence of certain products and loan terms to valuing, negotiating, & settling a mortgage lending case; and will cover both state law and litigation strategies (including bankruptcy) and updates on federal and state legislative efforts to expand consumer protection in this area.

The Intersection of Intellectual Property, Patent Law & Software Piracy

Friday, March 14, 2008: Patent prosecution and litigation are undergoing major reforms in the Supreme Court, in Congress, and in the Patent and Trademark Office. Computer crimes and higher levels of internet fraud in intellectual property are having a major affect on U.S. competitiveness and economic viability. Speakers will cover topics including criminal IP protection and software piracy; recent patent law changes; the ways in which the Supreme Court is affecting patent law in the corporate world; and Federal circuit holdings in the area of patent law over the last year.

Pluralism, Religion & the Law

Friday, March 7, 2008: Religion is arguably the most powerful social force in the world. As it inspires liberating reform, it is used to justify violence and oppression. What is the role of law in helping communities to negotiate religious difference in ways that promote dialogue and tolerance? This conference will address the question from a variety of perspectives, bringing together a number of the most prominent scholars engaging questions of law, religion and pluralism.

A Public Policy Forum: What Is To Be Done With “Terrorists”?

Friday, February 29, 2008: Supreme Court decisions and rulings by military judges since 2004 have raised serious questions concerning the Bush Administration's detention policies for persons alleged to be terrorists and the status of Guantánamo detainees. Despite differences concerning prior and existing policies and practices, however, there is widespread agreement that there must be a Constitutionally valid and practical system to identify alleged terrorists (status determination) under both domestic and international law. On June 19, 2007, the United States Supreme Court unexpectedly shifted course by deciding sua sponte to review claims of Guantánamo detainees that they had a right to challenge their detention in American courts, which was argued December 5, 2007. This CLE will discuss the implications of prior Court decisions, the issues relating to the MCA, and policy considerations, including the government's concern to obtain information it needs and to protect national security.

Supporting Sustainable Business Practices Through Law

Friday, February 22, 2008: In the wake of unsustainable oil dependence, the tangible effects of global warming, and greater consumer demand for environmentally and socially responsible products, the business community is increasingly integrating concepts of sustainable practices into their operations and even governance. Both the law and lawyers play critical roles in supporting sustainable business practices. This program will explore the meaning of sustainability, the business case for sustainability, and the roles of lawyers that serve as advisors to businesses on sustainable practices. In addition, the program will address laws and regulations that advance sustainable business as well as corporate governance trends that support and reward companies that are committed to sustainability.

Brown Undone? The Future of Integration in Seattle After PICS v. Seattle School District No. 1 - A Multi-Disciplinary Symposium

February 8 -9, 2008: The U.S. Supreme Court’s June 2007 decision is widely considered a landmark by advocates from all viewpoints. In this symposium, distinguished civil rights leaders in law, education, school administration and the community, reflecting a broad array of opinion, will examine the Court’s decision and discuss its impact upon future efforts toward diversity in public education.

A Skills Workshop - Maximizing Case Potential: Preparing Persuasive Presentations

Friday, February 1, 2008: Even the best case may fail if the attorney is unable to present the essential information in a manner that is readily comprehensible to the decision-maker, whether that be a judge, jury or arbitrator. Attorneys must incorporate into their practice basic principles of communication and utilize the most effective aides for visual presentation of information. This program will discuss principles of persuasion, spanning the range from typography to social psychology and demonstrate ways to design and use visual displays of information for maximum persuasive effect. Trial attorneys who regularly use software programs like PowerPoint and TrialDirector will provide concrete examples, as well as tips for effectively incorporating exhibits and visual aids into every aspect of a trial.

A Skills Workshop - Preparing For Mediation: It’s Not What It Used to Be

Friday, January 25, 2008: While the uses of mediation have expanded in substantive areas and technique, many attorneys have yet to realize how much this evolution has affected preparation for mediation. In this program, experienced attorneys and mediators will explain why mediation can no longer be approached casually and why and how you should prepare to win your case in mediation.

Basic Special Education Law for Special Education Hearing Officers

January 17-18, 2008: Presented by the National Academy of IDEA Administrative Law Judges and Hearing Officers, Seattle University School of Law, and the American University Washington College of Law, this two-day program will provide an introduction to law and special education for special education hearing officers who are new to the field or seeking a refresher. The emphasis will be on providing an understanding of the basic concepts and practices required to conduct “due process” hearings and make decisions pursuant to the Individuals with Disabilities Education Act.