International Legislative Drafting Institute Curriculum (PRELIMINARY)
JUNE 10-21, 2013
Monday, June 10
8:00 - 9:00
Registration and Continental Breakfast in Tulane's Multi-Purpose Room
9:00 - 10:15
Welcoming Remarks: Tulane Law School—Room 151 Introduction and Overview of Institute
10:15 - 10:30
Break
10:30 - 12:00
"Comparison of U.S. Bicameral Legislative Enactment Process with the Parliamentary System"—This lecture discusses the parliamentary system and state-federal legislative enactment procedures, how they relate to the drafting process, and what can be learned by a comparison of the two approaches.
12:00 - 2:00
Welcoming Lunch: Orientation
2:00 - 2:30
Tour of Tulane Facilities: Meet in Room 151 for Walking Tour of Tulane Law School
2:30 - 5:30
Bus Tour of New Orleans
5:30 - 7:00
Welcoming Reception
Tuesday, June 11
9:00 - 10:15
"Getting Started: An Overview of Legislative and Administrative Drafting"—How does the drafter facing a blank page decide where to begin writing? Each draft moves through steps and stages, which will be analyzed. Similarities and differences between drafting legislation and agency regulations will be described.
10:15 - 10:30
Break
10:30 - 10:45
"Introduction to Bill Drafting Exercise"—Participants receive a concept paper and an explanation of the weeklong drafting exercise.
10:45 - 12:00
"Formulary Introduction"—This lecture explains the use of a formulary or office manual as a repository of acquired wisdom in standardizing 2 good drafting practice. Participants will receive an introduction to copies of various drafting manuals that can be used as models in producing a formulary for use in their own legislative offices.
12:00 - 1:00
Lunch
1:00 - 2:30
“Technology for Drafting”—Information technology provides many valuable tools that can make life easier for the drafter. In addition to the many internet-based tools for research and cooperative work, software tools can assist the drafter at every stage of the drafting process. This presentation demonstrates new tools for getting instructions; researching, outlining, writing and editing; review and revision; and tracking and delivery of a Bill.
2:30 – 2:45
Break
2:45 – 3:15
“Introduction to Library Resources"—Participants will receive a tour of the law library and introduction to its international collections.
3:15 – 3:30
"Introduction to Computer Lab"—Participants will receive an orientation to the use of computers within the law school and instructions on how to access the Internet, e-mail, and various legislative databases. Tulane Law School Library, 4th Floor Computer Lab
3:30 – 4:00
“Free Time for Use of Computers”—Participants will be able to more thoroughly familiarize themselves with the computer lab, to check and send emails home, or to conduct research.
Wednesday, June 12
9:00 – 9:50
"Plain Language Drafting Part I"—Even complex ideas can be expressed in an unambiguous manner. This lecture will demonstrate how active voice, base verbs, present tense, and singular number can be used to enhance clarity and readability in drafts of proposed legislation or agency regulations.
9:50 - 10:00
Break
10:00 - 10:50
"Plain Language Drafting Part I" [Continued]—This lecture discusses the use of short sentences, attention to the placement of words, and choice of words as techniques in achieving clarity and readability in drafts.
10:50 – 11:00
Break 3
11:00 – 12:00
“Plain Language Drafting Part II”—Gender-neutral drafting, language quirks, and the proper placement of conditions, exceptions, and lists in a draft are examined.
12:00 - 2:00
Lunch: Participants’ Roundtable Introductions. Multipurpose Room
2:00 - 3:00
"Bill Drafting Exercise Workshop"—We will review and discuss participants' outlines of a proposed bill. We will then distribute a draft of proposed ethics legislation and ask participants to revise it in the next phase of the drafting exercise.
3:00 - 3:15
Break
3:15 - 4:30
“Constitutional Drafting”—How do the challenges faced by a constitutional drafter differ from the challenges facing any other drafter? Professor Knight draws upon his experiences in several constitutional drafting projects, including South Africa, to address policy development, representational democracy, and the balance between flexibility and stability in the organic law of nations.
Thursday, June 13
9:00 - 10:15
“Regulatory Drafting”—This presentation deals with the organization and drafting of administrative and regulatory instruments, structuring complex provisions, use of pronouns, question-and-answer organizational strategies.
10:15 - 10:30
Break
10:30 - 12:00
"Regulatory Drafting" [Continued]—Presentational matters include such topics as the use of “if-then” tables, graphic presentations, tabulation, provisos and conditions, type size, boldface and italics, and staggered indentation of paragraphs.
12:00 - 1:00
Lunch
1:00 - 2:30
“Plain Language Drafting Part III”—Topics include definitions, appropriations, effective dates, marginal notes, tables of content, purpose clauses, repealer and severability clauses.
2:30 - 8:30
Jean Lafitte National Park and Boutte’s Restaurant: This popular outing has become an Institute tradition. Participants travel to Jean Lafitte National Park, where they view a half-hour film about Louisiana swamp life, then walk some of the trails that wind alongside lush, moss-draped bayous. Participants continue the trip to Boutte's Restaurant where they feast on a variety of local seafood.
Friday, June 14
9:00 - 10:15
"Creating an Agency, Board or Commission"—In creating an agency, board, or commission, what is the entity’s authority? How should the members be selected or appointed and by whom? What are the responsibilities of the new entity? What enforcement mechanisms should be included? Should a sunset provision be added?
10:15 - 10:30
Break
10:30 - 12:00
"Bill Drafting Exercise Workshop"—We will review and discuss participants' revisions of a "model" bill.
12:00 - 1:00
Lunch
1:00 – 1:30
Week One Evaluations
1:30 - 2:45
“Drafting Sunshine Laws”—Governmental transparency laws allow the public to observe the deliberations of public bodies and to examine public documents. The Open Meetings Law and the Public Records Act are our two principal "sunshine" laws, shedding light on governmental operations. This presentation wiill focus on effective strategies for assuring public access to public information.
2:45 - 3:00
Break
3:00 - 4:00
Roundtable Discussion with U.S. Rep. Cedric Richmond—This is an opportunity for participants to exchange views and information with a former state legislator and now member of the United States Congress about various aspects of the state and federal legislative process.
Monday, June 17
9:00 - 10:30
"Agency Rulemaking Under the Administrative Procedure Act"—The APA provides a useful model for public participation and comment on proposed agency regulations. The lecture also covers how the agency rulemaking process might be adapted for use in parliamentary and other jurisdictions.
10:30 - 10:45
Break
10:45 – 12:00
“Drafting Agricultural Legislation”—This overview of agricultural legislation addresses agricultural inputs (such as seeds, pesticides0 resources land, water, fisheries, forests, and sanitary and phytosanitary measures (animal health, plant health, food safety). The presentation also reviews the international context in which 5 agriculture-related laws are drafted, and touches on some of the reasons countries choose to amend or draft new legislation on agriculture.
12:00 - 1:00
Lunch
1:00 - 2:15
“Parliamentary Drafting Instructions”—Parliamentary systems rely on drafting instructions to bridge the gap between policy makers and legislative drafters. The quality of drafting instructions bears an important relationship to the quality of legislation produced by drafters. This presentation will consider how drafters and policy makers can collaborate to improve the quality of parliamentary drafting instructions
2:15 -2:30
Break
2:30 – 4:00
“Working with Members”— This presentation will offer tips for drafters in building a strong working relationship with the members of legislative bodies, drawing upon the presenter’s many years of experience as an international legislative trainer and consultant.
Tuesday, June 18
9:00 - 10:30
"Drafting Criminal Penalties"—Drafting penal provisions differs significantly from drafting civil laws. This presentation will discuss creation of a criminal offense, appropriate punishment provisions, and the role of discretion in sentencing.
10:30 – 10:45
Break
10:45 – 12:00
"Bilingual or Multilingual Drafting"—Some jurisdictions draft in two or more languages, which presents a special problem for drafters. This lecture will examine techniques for assuring consistency in drafts of legislation prepared in different languages.
12:00 - 1:00
Lunch
1:00 - 2:30
“Drafting for Compliance with GATT, NAFTA & Other International Trade Agreements”—This presentation will discuss the role of drafters in achieving compliance with trade agreements.
2:30 - 2:45
Break
2:45 – 4:00
"Drafting Election Laws"—A timely presentation addresses laws regarding voter registration, ballot security, promulgation of election results, and post-election challenges.
Wednesday, June 19
8:00
Board Buses for Field Trip to Louisiana Legislature in Baton Rouge
9:15 – 9:30
Arrival in Baton Rouge and Photograph on Capitol steps
9:30 - 11:15
Tour Legislative Committee Meeting Room—Explain seating arrangements of legislators and staff, public’s opportunity to speak, posting of notice and agenda, audiotapes, House Caucus Offices
11:15 – 12:00
Tour House and Senate Chambers—Demonstration of electronic voting and recognition of members, presence of public in gallery, media coverage, system for lobbyists' and citizens' input, and access to legislators at sides of chamber.
12:00 - 12:30
Senate Briefing Room—View LEAN videotape of actual committee hearing.
12:30 - 1:30
Lunch
1:30 – 3:00
"Administration of Governmental Ethics Laws"—What mechanisms can government use to evaluate and enforce ethical implementation of governmental programs? This presentation by representatives of the Louisiana Ethics Administration will describe different approaches to encourage efficiency, combat corruption, and assure fiscal accountability in the actions of public officials.
3:15 - 5:00
Board Buses and Return to New Orleans
Thursday, June 20
9:00 - 10:30
“Vetting Legislation for Human Rights Compliance”—This session introduces the general international human rights framework and notes some state obligations that flow from it. Among other things, international law requires that all branches of government comply with the state's international human rights obligations. Accordingly, attention will be given from a legislative point of view to the need to vet legislation for human rights compliance.
10:30 – 10:45
Break
10:45 – 12:00
"Environmental Human Rights Legislation"—Of the 193 countries recognized by the United Nations, 175 have ratified the International Convention on the Elimination of All Forms of Racial Discrimination and 167 have ratified the International Covenant on Civil and Political Rights. This presentation highlights decisions by UN treaty-monitoring bodies and human rights judiciaries that have ruled certain governmental practices affecting the environment to violate human rights protected by these treaties and other human rights laws. What instructions do these decisions provide for drafting legislation that is protective of both human rights and the environment?
12:00 - 1:00
Lunch
1:00 - 2:00
“Codification Agencies”—Some jurisdictions establish a single agency responsible for codification of laws. Such agencies may have authority to make technical corrections in statutes. They also often undertake comprehensive law revision projects.
2:00 – 3:00
“Drafting Tax Legislation”—Different countries adopt very different tax laws, but some principles apply across jurisdictions. Are tax laws “fair”? Are they relatively easy for government personnel to administer? Are the laws self-executing, or do they need supporting regulations for their implementation? What “incentives” do policy makers want to build into tax laws for such purposes as economic development, social engineering, or other objectives? How can the revenue-generating potential of these laws be evaluated, and how “efficient” are they in generating revenue with minimal costs of collection? How are tax laws enforced?
3:00 - 3:15
Break
3:15-4:15
“Legislative Rules and Statutory Interpretation”—Judges interpret statues by using principles other judges developed in their judicial opinions. This presentation offers a dramatically different approach to statutory interpretation, proposing that rules governing the legislative process should also govern judges' deliberations when they interpret the statutory products of a legislative enactment process. This rules-based approach to statutory interpretation honors the separation of powers by placing legislative rules (rather than judicially-derived principles) at the heart of statutory interpretation.
Friday, June 21
9:00 – 10:45
“Interest-Based Negotiation”—This presentation will take participants beyond the “positions” advanced by parties in a negotiation to examine the parties’ deeper “interests” and demonstrate how interest-based negotiations develop new opportunities for amicable resolution of disputes.
10:45 - 11:00
Break
11:00 - 12:15
“Drafting Arbitration Statutes”— Arbitration occupies an important niche in the spectrum of Alternative Dispute Resolution (ADR) mechanisms, exhibiting many of the formalities of judicial process but empowering parties to choose their decision maker and allowing them to follow procedures that facilitate speedier resolution of their disputes. This presentation addresses some of the 8 challenges drafters face in preparing a system of laws to enable arbitration.
12:15 - 12:30
Week Two Evaluations
6:00 - 8:00
Graduation Reception