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Volume 67, Issue 5 The Need for Speed in International Child Abduction Cases page 48 SAVE THE DATE Annual Meeting & Convention September 23–25, 2021 HILTON MIAMI DOWNTOWN – MIAMI, FL Volume 67, Issue 5 EDITORIAL BOARD Editor in Chief Andrew Doyle [email protected] Immediate Past Editor in Chief Rachel Hughey [email protected] September/October 2020: Voting Law Associate Editor James W. Satola [email protected] Managing Editor Lynne G. Agoston (240) 404-6488 [email protected] Book Review Editor Caroline Johnson Levine Judicial Profile Editors Heaven Chee Hon. Noelle C. Collins Hon. Karoline Mehalchick Articles Editors Joanna Fox Sheila Hollis Christopher Lucca Bruce McKenna Anne Perry Dalmacio Posadas Elizabeth Turnbull Susan Yorke Columns Editor Arturo Bauermeister Senior Proof Editor SAVE THE DATE Hon. Donna Phillips Currault Proof Editors Sarika J. Angulo Ira Cohen Mary Hope Forsyth Peter M. Mansfield Soledad M. Valenciano 28 A Lawyer’s Deployment 48 The Need for Speed in The Federal Lawyer (ISSN: 1080-675X) to the Front Lines of the U.S.- International Child Abduction is published bimonthly six times per year Mexico Border by the Federal Bar Association, 1220 N. Cases Fillmore St., Ste. 444, Arlington, VA, 22201 Tel, (571) 481-9126, Fax (571) By Major Miguel R. Acosta By Robert E. Rains 481-9090, Email: [email protected]. Sub- scription Rates: $14 of each member’s dues is applied toward a subscription. Nonmember domestic subscriptions are 34 Agricultural Migrant The Coming Wave of $50 each per year; foreign subscriptions 54 are $60 each per year. All subscription Workers in Today’s America: prices include postage. Single copies Trade Secret Litigation and the are $5. “Periodical postage paid at Ar- A Parallel to Modern Slavery Implications for the Future of Annual Meeting & Convention lington, VA… and at additional mailing offices.” “POSTMASTER, send address By Federica Dell‘Orto and Judith Wood Trade Secret Law changes to: The Federal Lawyer, The Federal Bar Association, 1220 N. Fill- By Michael T. Renaud and Nicholas W. Armington more St., Ste. 444, Arlington, VA 22201.” September 23–25, 2021 © Copyright 2020 Federal Bar Associa- tion. All rights reserved. PRINTED IN 40 Supreme Court Nixes U.S.A. Another FDIC-Friendly Federal Editorial Policy: The views published HILTON MIAMI DOWNTOWN – MIAMI, FL in The Federal Lawyer do not necessar- Common-Law Rule: Only ily imply approval by the FBA or any agency or firm with which the authors Agency Restraint Has Saved are associated. All copyrights held by the FBA unless otherwise noted by the au- the D’Oench Doctrine From thor. The appearance of advertisements “Duhme” and new product or service information in The Federal Lawyer does not consti- tute endorsement of such products or By Jerry Madden services by the FBA. Manuscripts: The Federal Lawyer accepts unsolicited man- uscripts, which, if accepted for publica- tion, are subject to editing. Manuscripts must be original and should appeal to a diverse audience. Visit www.fedbar.org/ tflwritersguidelines for writers guide- September/October 2020 • THE FEDERAL LAWYER • lines. 1 Federal Bar Association 1220 N. Fillmore St., Ste. 444 Fourth Circuit Arlington, VA 22201 Kacy L. Hunt COLUMNS PROFILES Ph: (571) 481-9100 • F: (571) 481-9090 Hannah Rogers Metcalfe [email protected] • www.fedbar.org Fifth Circuit Hon. Barry W. Ashe 3 President’s Message 20 Hon. Alan D Albright BOARD OF DIRECTORS President • Christian K. Adams Paul D. Barkhurst We Are the Guardians of the District Judge for the Western [email protected] Sixth Circuit Constitution: Remembering District of Texas President-Elect • W. West Allen Glen R. McMurry [email protected] Donna J. Mikel Our Oath and Covenant of Citizenship By David R. Schleicher Treasurer • Anh Le Kremer Seventh Circuit [email protected] Melissa N. Schoenbein By W. West Allen Hon. Alison S. Bachus Kevin G. Desharnais 22 Hon. Meredith Grabill [email protected] Eighth Circuit Jeanette M. Bazis David A. Goodwin 6 Washington Watch Bankruptcy Judge for the Eastern [email protected] Adine S. Momoh A Historic First: Consultative Status District of Louisiana Joey Bowers Ninth Circuit for the FBA at the United Nations [email protected] Laura A. Conover By Cherie Dessauer Nobles, Ben W. Andrew K. Clark Darrel J. Gardner [email protected] Tenth Circuit By Bruce Moyer Kadden, and Coleman L. Torrans Joseph S. Leventhal Kristen R. Angelos [email protected] Hon. Suzanne Mitchell 7 At Sidebar 25 Hon. Michelle Whetsel Kevin A. Maxim Eleventh Circuit [email protected] Oliver Alan Ruiz Trial and Tchaikovsky: Harmony Administrative Law Judge, U.S. Social Hon. Karoline Mehalchick Michael S. Vitale Across Litigation and Music Security Administration [email protected] D.C. Circuit Kelly Titus Scalise Patricia D. Ryan Elizabeth A. Pugh By Mary Hope Forsyth By Hon. Alisa Tapia-Zuniga [email protected] John R. Thomas SECTION AND DIVISION CHAIRS [email protected] Chair, Sections and Divisions 9 Focus on Indian Law Jessica R. Toplin Council [email protected] Matthew Moshcella Federal Voter ID Lawsuits in North Hon. Mimi E. Tsankov Admiralty Law Dakota: A Victory for American BOOK REVIEWS (personal capacity) Scott Bluestein [email protected] Alternative Dispute Resolution Indian Voters 62 Legal Writing—A Judge’s Alexander Zimmer Christie C. Varnado Perspective on the Science and [email protected] Antitrust and Trade Regulations By Timothy Purdon Ex Officio Members TBD Rhetoric of the Written Word Hon. Barry W. Ashe Banking Law [email protected] Meghan Musselman 11 Diversity & Inclusion Reviewed by Matthew C. Kane Adine S. Momoh Bankruptcy Law Voting Rights of Individuals With [email protected] Christopher Sullivan Matthew C. Moschella Civil Rights Law Disabilities 63 No Truth Left to Tell [email protected] Stephen Haedicke Maria Z. Vathis Corporate and Association Counsel By Irina L. Vaynerman and Reviewed by Kenneth D. Stern [email protected] David Greene Chelsea A. Walcker Michael S. Vitale Criminal Law [email protected] Darrel J. Gardner Environment, Energy & Natural NATIONAL STAFF 13 Commentary Executive Director Resources Speak Up, Lawyers DEPARTMENTS Stacy King Kevin G. Desharnais [email protected] Federal Career Service 65 Supreme Court Previews Sections and Divisions Coordinator Mark Vincent By Alfred Belcuore Alea Al-Aghbari Federal Litigation [email protected] Susan D. Pitchford 17 Commentary Director of Membership and Chapters Government Contracts Dominick Alcid Jerry A. Miles The Unstable Constitutional Ground [email protected] Health Law of the Religious Freedom Restoration FBA MEMBER NEWS Outreach and Foundation Manager Kathleen McDermott Cathy Barrie Immigration Law Act of 1993 80 Chapter Exchange [email protected] Mark Shmueli 82 Sections & Divisions Leadership Administrator Indian Law By Arman Kharazian Holly Delidle Ann E. Tweedy 84 Tax Law Essay Winners [email protected] Intellectual Property Law Editorial and Production Specialist Coby S. Nixon 92 Member Spotlight Lynne G. Agoston International Law [email protected] Stephanie Moncada Gomez Chapters and Circuits Coordinator Judiciary Anthony Jones Hon. Michael J. Newman [email protected] Labor and Employment Law Manager of Sections & Divisions Catherine Cano Laura Mulhern Law Student [email protected] Glen R. McMurry Conference Manager LGBT Law Caitlin Rider Brandon King [email protected] Qui Tam Sr. Director of Professional R. Scott Oswald Development Melissa Schettler Securities Law [email protected] Liam O’Brien Membership Specialist Senior Lawyers Miles Woolever Steve Miller [email protected] Social Security Law Conference Coordinator Paul Lillios Ariel White State and Local Government [email protected] Relations Andrew S. Ballentine VICE PRESIDENTS FOR THE CIRCUITS Taxation First Circuit Marissa Renson Scott P. Lopez Oreste R. Ramos Transportation and Transportation Security Law Second Circuit Steve Osit Ernest T. Bartol Olivera Medenica Veterans and Military Law Walter Kroptavich Third Circuit Christian T. Haugsby Younger Lawyers • THE FEDERAL LAWYER • September/October 2020 Adine S. Momoh 2 Frank J. McGovern President’s Message We Are the Guardians of the Constitution: Remembering Our Oath and Covenant of Citizenship W. West Allen Federal Bar Association Presidential Installation justice. I invite you to join the FBA if you are a lawyer Ceremony Remarks by W. West Allen, Lloyd D. and have not done so yet. Perhaps these brief remarks George United States Courthouse, Las Vegas, will help you understand why. Nevada, Thursday, September 17, 2020 Today, I would like to share a few words regarding the U.S. Constitution and the oath just administered U.S. Senate Oath by our chief judge. “I do solemnly swear that I will support and de- It is fitting and proper that we do this today, as we fend the Constitution of the United States against remember the founding of Our Constitution; in this W. West Allen is an intellec- tual property litigator and all enemies, foreign and domestic; that I will bear season of remembrance, even high holy days for many counselor in Las Vegas who true faith and allegiance to the same; that I take faiths; and that we do so here within these venerated represents a wide variety this obligation freely, without any mental reser- walls of a U.S. Courthouse. of international clients in vation or purpose of evasion; and that I will well It is right here in this solemn, set-apart space—the federal courts. He served as and faithfully discharge the duties of the office on American Courtroom—that justice is done. It is here, chair of the FBA’s Govern- ment Relations Committee which I am about to enter: So help me God.” we as citizens take solemn oaths to be truthful. It is for seven years and has here we take civic oaths to support and defend the served as a member of the Federal Bar Association Oath Constitution. These promises constitute a constitu- FBA’s board of directors for “I do solemnly swear that I will support and tional oath applicable to all citizens.
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