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2003 Judicial Conference Materials

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         Transcript of the National Security and Civil Liberties Panel  

         Audio Recordings of the Panels
                       * Please note that all audio recordings are in MP3 format.

Monday, November 10, 2003

The Crisis in Corporate Governance

A Perspective on the Crisis in Corporate Governance Part 1 (13, 447 KB) Part 2 (11, 547 KB)

New Standards of Lawyer Responsibility in Commercial Transactions Part 1 (12,959 KB) Part 2 (12,670 KB)

Larry D. Thompson, former Deputy Attorney General of the United States (6,820 KB)

Mass Tort Litigation and Bankruptcy

Part 1 (10,585 KB) Part 2 (12,520 KB)

New Developments in the Federal Rules of Civil Procedure, Court Management and Electronic Discovery

Part 1 (9,454 KB) Part 2 (13,692 KB)

Tuesday, November 11, 2003

National Security and Civil Liberties

Part 1 (11,265 KB) Part 2 (15,532 KB) Part 3 (12,053 KB) Part 4 (10,898 KB)

         Monday, November 10, 2003

         The Crisis in Corporate Governance  (Monday, November 10th at 8:30 am)

• The Final Report of the American Bar Association Task Force on Corporate Responsibility (89 pages)
• The Proposed Rule by the SEC on Disclosure Regarding Nominating Committee Functions and Communications between Security Holders and Board of Directors (39 pages)
• SEC Staff Report: Review of the Proxy Process Regarding the Nomination and Election of Directors (33 pages)
• SEC Proposed Rule: requiring companies, under certain circumstances, to include in their proxy materials security holder nominees for election as director (107 pages)
• New Standards of Lawyer Responsibility in Commercial Transactions: Selected Sarbanes-Oxley Rules and Ethics Rules, by panelist E. Carolan Berkley. (29 pages)
• Implementing the SEC's Standards of Professional Conduct for Attorneys, by panelist Stanley Keller. (18 pages)

         Mass Tort Litigation and Bankruptcy (Monday, November 10th at 1:30 pm)

• Outline of Issues (10 pages)
• Bankruptcy as a Vehicle for Resolving Enterprise - Threatening Mass Tort Liability, Professor Alan. N. Resnick, 148 U. Pa. L. Rev. 2045 (2000) (34 pages)
• A Response to Professor Resnick: Will This Vehicle Pass Inspection ? Professor S. Elizabeth Gibson, 148 U. Pa. L. Rev. 2095 (2000) (17 pages)
• Powerpoint slides presented by the panel on 11/10

New Developments in the Federal Rules of Civil Procedure, Court Management and Electronic Discovery (Monday, November 10th at 3:00 pm)

• Pending Amendments to the Federal Rules of Civil Procedure (30 pages)
• Preliminary Draft of Proposed Amendment to the Federal Rules of Appellate Procedure, adding New Rule 32.1. Citation of Judicial Dispositions (only pages 30-39)
• Model Local District Rules for Electronic Case Filing in Civil Cases, endorsed by the Judicial Conference of the United States, September 2003 (16 pages)
• Model Local District Rules for Electronic Case Filing in Criminal Cases, endorsed by the Judicial Conference of the United States, September 2003 (17 pages)
• Model Local Bankruptcy Rules for Electronic Case Filing, endorsed by the Judicial Conference of the United States, September 2003 (17 pages)
• Electronic Availability of the Transcripts of Court Proceedings Report, by the Judicial Conference Committee on Court Administration and Case Management, adopted by the Judicial Conference of the United States, September 2003 (2 pages)
• Preliminary Report of the U.S. Judicial Conference Actions on Privacy and Public Access to Electronic Criminal Case Files (edited), September 23, 2003 (1 page)
• Zubulake v. UBS Warburg LLC, UBS Warburg, and UBS AG (S.D.N.Y., May 13, 2003) (15 pages)
• Zubulake v. UBS Warburg LLC, UBS Warburg, and UBS AG (S.D.N.Y., July 24, 2003) (11 pages)
• E-Discovery Rule Discussion Proposals, by Professor Richard L. Marcus, Consultant to the Advisory Committee on Civil Rules, September 15, 2003 (46 pages)

         Tuesday, November 11, 2003

         National Security and Civil Liberties (Tuesday, November 11th at 9:30 am)

• Case Summaries: Detention and Trial of Suspected Terrorists
• Case Summaries: Surveillance and Investigation of Suspected Terrorists
• Case Summaries: Terrorism and 1st Amendment Rights
• Civil Liberties and Human Rights in the Aftermath of September 11, Professor Philip B. Heymann, 25 Harv.J.L & Pub. Pol'y 440 (Spring 2002)
• Rights, Liberties, and Security: Recalibrating the Balance after September 11, Stuart Taylor, Jr., The Brookings Review, Vol. 21 No. 1(Winter 2003) pp.25-31.
• Enemy Aliens and American Freedoms, David Cole, The Nation (September 23, 2002) (6 pages)
• Does It Help to Define Our Dangers From Terrorism As "War"? Chapter Two from Terrorism, Freedom, and Security, by Panelist Philip B. Heymann (MIT Press 2003) (17 pages)
• Related bibliography:

  The First Amendment and the War Against Terrorism, Floyd Abrams, 5 U. Pa. J. Const. L. 1 (October 2002)

  "The Achilles Heel" of the Constitution: Justice Jackson and the Japanese Exclusion Cases, Dennis J. Hutchinson, 2002 Sup. Ct. Rev. 455

  Supreme Court's Development of the "Clear and Present Danger" Rule and the Related Rule Concerning Advocacy of the Unlawful Acts as Limitations on the Constitutional Right of Free Speech and Press, Ernest H. Schopler, 38 L Ed 2d 835