Concurrent Workshops

This workshop will focus on assessing the needs of the LGBT community. Participants will learn about the various demands of transactional practice: donor agreements, co-parenting agreements, guardianship, adoption, parentage, surrogacy agreements, court orders, and problem management, including the emerging needs and demands within children's and elder law.

Moderator: Judith Sperling-Newton

Speakers: Susan Silber, Professor Deborah H. Wald, Abby R. Rubenfeld

Friday, September 5, 2008, 10:45am-12:15pm

CLE Materials:

A Legal Perspective on Gay Surrogacy (DOC)

Alternative Reproductive Technologies and LGBT People (PPT)
Best Practices Guidelines for Agencies Providing Surrogacy Services (DOC)
California is Behind the Times When it Comes to Granting Custody to SameSex Parents (PDF)
California Surrogacy: A Gay Primer (PDF)
Donor Insemination: A Legal Perspective (DOC)
Don't Leave Out Lesbian and GayFamilie (PDF)
Gay Adoption Issues (PDF)
It is Time for California Courts to Start Protecting the Children of Same Sex Couples (PDF)
NCLR State by State List of Same Sex Custody Cases (PDF)
New Domestic Partner Law (PDF)
Our Family Coalition Summer Newsletter (PDF)
Parentage Cases Offer Court Chance to Banish Illegitimacy (PDF)
Protecting Your Family: A Legal Guide to Gay Male Couples Using Surrogacy (PDF)
Protecting Your Family: A Legal Guide to Lesbian Couples Using Donor Insemination (PDF)
The Parentage Puzzle (PDF)
The Shape of Things to Come: Pending and Soon to be Pending Parentage Litigation (PDF)
The Surrogacy Center: Providing Quality Services to Same Sex Parents & Surrogates (DOC)
Who is a Parent?: Determining Parentage in Non-Traditional Families (PDF)

For many, showing a drivers license is a common, everyday matter. However, for many transgender people, having the wrong sex designation on an identification card can expose them to discrimination, harassment and harm. At the same time, it is becoming harder for transgender people to accurately amend their sex designations on drivers licenses, birth certificates, etc. due to unreasonable state regulations and policies. Learn more about what each of us can do to help change these policies.

Moderator: Dru Levasseur

Speakers: Michelle Roberts, Sharon McGowan, Janson Wu, Lisa Mottet, Ben Lunine

Friday, September 5, 2008, 10:45am-12:15pm

CLE Materials:

Transgender Name Change Project (DOC)

CA DMV Medical Information Authorization Form (PDF)
DC DMV Gender Designation Form (PDF)
Proposed Standard to Change Sex Designation on Drivers Licenses (PDF)

HIV/AIDS receives strong attention in Congress but public awareness has decreased. The presenters will discuss recent versions of the Ryan White CARE Act (domestic HIV treatment), efforts on global HIV treatment, and the prospects for getting Congress to re-examine issues such as syringe exchange; a strong HIV/AIDS prevention bill; the Americans with Disabilities Restoration Act; and a national HIV/AIDS strategy. How have state, or even local, governments acted (or not) to address these issues? Join us to answer these questions, share ideas and learn more about laws and litigation concerning HIV/AIDS at the federal, state and local levels.

Speakers: Phil Curtis, William D. McColl, Bebe Anderson, Ernest Hopkins

Friday, September 5, 2008, 10:45am-12:15pm

CLE Materials:

Impact of Legalizing Syringe Exchange Programs on Arrests Among IDUs in CAlifornia (PDF)
Philadelphia HIV Ordinance (PDF)
Placing the Dynamics of Syringe Exchange Programs in the US (PDF)
Q&A RE: California Comprehensive Sexual Health and HIV/AIDS Prevention Act (PDF)
Senator Wentworth's Letter to Texas' Attorney General (PDF)
Texas' Attorney General's Opinion RE: Bexar County (PDF)

ABA YLD: Answering the Call-HIV Legal Checkup (PDF)
Medicaid Platform 2008 (PDF)
Medicare Platform 2008.(PDF)
Medicare Priorities: ADAP and Six Classes (PDF)

LGBT advocates have been working to develop leaders and make schools safer by supporting Gay/Straight Alliances (GSAs) in schools. However, strategic and coordinated efforts are being employed by the radical right to circumvent the Equal Access Act's Protections and make Gay/Straight Alliances less accessible in schools. Meanwhile, legal advocates are working hard to prevent anti-gay harassing speech while protecting LGBT-affirming speech. Come to this workshop to get the latest on these complex Constitutional issues and learn how best to advocate, and when to litigate, on behalf of LGBT students.

Speakers: Kara Suffredini, Carolyn Laub, Brian Chase

Friday, September 5, 2008, 10:45am-12:15pm

CLE Materials:

2008 Anti-GSA Legislation (DOC)
2008 Safe Schools Legislation (DOC)
Anti-Bullying (PDF)
FEC Anti-GSA Legislation Slide 2007-2008 (PPT)

FEC Anti-Bullying Trends 2007-2008 (PPT)

Claims Regarding Discrimination Against the Gay Straight Alliance (PDF)
White County High School Peers Rising in Diverse Education v White County SD (PDF)
White County High School Peers Rising in Diverse Education v White County SD 2 (PDF)

The path of military service is littered with many pitfalls for lesbian, gay and bisexual service members. Although most violations of the Homosexual Conduct Policy are dealt with administratively, criminal prosecutions still exist despite "Don't Ask, Don't Tell's" existence. This presentation will provide a brief overview of "Don't Ask, Don't Tell" and a much more detailed discussion of how "Don't Ask, Don't Tell" overlaps and interacts with the criminal justice system. From service members who report being victims of sexual assault or domestic violence to those who are caught engaging in consensual sodomy, any number of circumstances may put LGB service members in contact with the criminal system. Even if that contact does not result in criminal conviction, it may lead quickly down the path of discharge ending a servicemember's career. Attorneys will take away numerous strategies for protecting LGB service members who must interact with the criminal justice system and hopefully preventing their clients from becoming victims of "Don't Ask, Don't Tell."

Speakers: Bridget J. Wilson, Aaron Tax, Emily B. Hecht, Professor Elizabeth Hillman

Friday, September 5, 2008, 10:45am-12:15pm

CLE Materials:

10 USC 654 (DOC)
DoD Implementing Regulations HCP Administrative vs Criminal Procedures (DOC)
DoD I640006 Domestic Abuse (PDF)
MRE Rule 412 (PDF)
Marcum CAAF Decision 02-0944 (PDF)
Redacted Transactional Immunity Agreement (PDF)
Sexual Assault Prevent and Response Program Procedures June 2006 (PDF)
UCMJ Article 125 (PDF)
UCMJ Article 133 (PDF)
UCMJ Article 134 (PDF)
US v Wilcox (PDF)

Come to this workshop to learn about the state of the law and get practice tips on marriage, dissolution of relationships (including divorce), life planning, and property ownership for LGBT clients. Not only will this panel include the standard issues about breaking up, but also feature collaborative law, a CPA to discuss tax issues, and how Massachusetts practitioners are dealing with divorce in the real world without the benefit of federal laws like QDRO's.

Moderator: Allison Mendel

Speakers: Professor Deborah H. Wald, Joyce Kauffman, Richard A. Wilson, Marge Kaiser

Friday, September 5, 2008, 2:00pm-3:30pm

CLE Materials:

A.H.v M.P. (PDF)
Complaint in Equit (PDF)
Complaint for Divorce of Same-Sex Couple (PDF)
Complaint in Equity: De Facto Parent (PDF)
Goodridge v Department of Public Health (PDF)
Joint Petition for Same Sex Divorce (PDF)
Memorandum of Law RE: Dissolution (PDF)
Morarity v. Stone (PDF)
Pre-Trial Memo: Same-SexDivorce (PDF)
T.F. v B.L. (PDF)

FAQs About the New Domestic Partner Rights and Responsibilities Act of 2003 (PDF)
The California Domestic Partnership Law: What It Means For You & Your Family (PDF)

While transgender clients may face unique legal concerns, in many ways, transgender clients are no different from other clients who walk in your door. They have the same need for resolution, respect, and effective representation. For those lawyers who are interested in working with transgender clients, anxiety about doing or saying the wrong thing may prevent you from expanding your legal practice or being a sensitive and effective advocate. This panel is designed to provide some tips on working with transgender clients, and to identify the resources that are available to lawyers who may be tackling for the first time issues facing transgender clients.

Moderator: Sharon McGowan

Speakers: Kristina Wertz, Jody Marksamer, Alex Lee, Denise Brogan-Kators, Spencer Bertgtedt

Friday, September 5, 2008, 2:00pm-3:30pm

CLE Materials:

Representing the Transgender Client (PDF)

Top 5 Tips for Working with Transgender Clients (DOC)
Transgender People and the Law FAQ (PDF)

Issues Facing Transgender, Gender Variant & Intersex People in Prison (DOC)

This workshop will address domestic violence in lesbian, gay and transgender relationships, specifically focusing on legal issues and remedies. Presentation will include the ABA's recent efforts around creating national training and education for attorneys representing victims.

Speakers: Terra Slavin, Wayne Thomas, Amanda Kloer, Professor Kylar Broadus

Friday, September 5, 2008, 2:00-3:30pm

CLE Materials:

Availability of CPOs to LGBT Victims of DV: Relevant Case Summaries (DOC)
Domestic Violence Civil Protection Orders By State (DOC)
Domestic Violence in the LGBT Community: Legal Resources by Topic (DOC)
LGBT Statutes by State (DOC)
Overview of CPO Protections for LGBT Victims of Domestic Violence (DOC)

Advocacy for LBGT Survivors of Intimate Partner Violence (PPT)
Domestic Violence Civil Protection Orders By State (PDF)
Falling to Pieces NY State Civil Legal Remedies Available to LGBT Survivors of DV (PDF)
Tips for Representing LGBT DV Clients (DOC)

Beyond the political debate in our community over an inclusive ENDA, an interesting legal debate arose concerning what a non-inclusive ENDA means to the whole LGBT community.  This workshop will address that and other breaking employment issues, including those related to HIV.  As the scope of the Americans with Disabilities Act (ADA) has been narrowed by court decisions, proving HIV discrimination in the employment context has become more difficult.  Some of the major challenges in those cases and the impact if Congress passes the pending ADA Restoration Act will be discussed.

Speakers: Greg Nevins, Bebe Anderson, Laura Maechtlen

Friday, September 5, 2008, 2:00pm-3:30pm

CLE Materials:

ADAAA in the Senate (PDF)
How Not to Convince a Court You ar eDisabled (PDF)

Lambda Legal Statement of Support for ADA Amendments Ac (PDF)

Prof. Dale Carpenter's Response to Lambda Legal (DOC)
Engquist Amicus Brief - Lambda Legal et al (DOC)
Engquist Decision SCT (DOC)
Lambda Legal ENDA Analysis (PDF)
Limited Views of Price-Waterhouse (DOC)

This panel will examine state judicial elections and the federal judicial selection process as they relate to LGBT litigation.  At the state level, panelists will discuss the recent extremist trend toward “voter questionnaires” for judges running for office.  At the federal level, experts on the panel will discuss how appointed judges voted in crucial LGBT decisions, and how individuals and nonprofits can affect the congressional politics that will determine the future composition of the courts, and, potentially, the outcome of future LGBT litigation.  The panel will also discuss tools in the courtroom for attorneys seeking to ensure unbiased treatment of their LGBT clients by judicial officers and opposing counsel.

Speakers: Hilary Meyer, Doug Lakey, Professor Marybeth Herald, Tara Borelli

Friday, September 5, 2008, 2:00-3:30pm

CLE Materials:

Examples of Judicial Questionnaires (PDF)
Judicial Selection - Who Decides (PDF)
Judicial Selection During The Bush Administration (PDF)
Who Gets To Judge Us: Bush Circuit Court Nominees on the Record (PDF)

What is on the cutting edge of LGBT family law?  Among the topics to be addressed are how do we define "family" and protect same-sex couples and their children who are not in a recognized relationship?  Are you familiar with collaborative practice?  It offers LGBT clients a way to resolve family formation and dissolution issues without litigation to help them arrive at solutions uniquely suited to their circumstances.

Moderator: William S. Singer

Speakers: Mariette Geldenhuys, Professor Nancy Polikoff, Danny Yu

Friday, September 5, 2008, 3:45-5:15pm

CLE Materials:

This panel discussion will explore legal and ethical issues of consent surrounding genital-normalizing surgeries on children born with intersex conditions. Panelists will give an update on current medical practices and examine how these practices fit within existing legal frameworks for parental decision-making, informed consent, sexual autonomy, genital cutting and sterilization. We will touch on international legal responses and recent cases in which doctors have been sanctioned for failing to adequately protect the rights of intersex patients. We will also discuss possible strategies for challenging the adequacy of parental consent in these cases and for improving the quality of informed consent.

Speakers: Anne Tamar-Mattis, Professor Julie Greenberg, Professor Hazel Glenn Beh, Professor Nancy Ehrenreich, Dr. Suegee Tamar-Mattis

Friday, September 5, 2008, 3:45-5:15pm

CLE Materials:

Advocates for Infomed Choice: Fall 2007 Newsletter (PDF)
HIPAA & Med. Privacy Rights For Parents of Children w DSD or Intersex Condition 1 (DOC)
HIPAA & Med. Privacy Rights For Parents of Children w DSD or Intersex Condition 2 (DOC)
FAQ on Retrieving Medical Records (PDF)
Guidelines for Informed Consent (PDF)

This workshop will highlight the legal issues faced by low-income LGBT people of color and how LGBT organizations, practitioners, and law students can better serve these communities. Panelists will discuss their experiences addressing the intersection of race, poverty, sexual orientation, and gender identity in their legal work, including areas such as prisoners' rights, youth in out-of-home care, and immigration. We will discuss issues and barriers that low-income LGBT people of color face, as well as specific solutions for addressing these needs through direct services; coalition building; and partnerships among LGBT, legal services, and people of color organizations.

Speakers: Cathy Sakimura, Lisa Cisneros, Natalie Chin, Jody Marksamer

Friday, September 5, 2008, 3:45-5:15pm

CLE Materials:

Serving Low-Income LGBT Parents and LGBT Parents of Color (PDF)

LAGLC LGBT Domestic Violence Handout (PDF)
Queer as Black Folk - Wisconsin Law Review (DOC)

Tips for Legal Advocates Working with LGBT Clients (PDF)

The panel workshop will discuss unique issues that arise in the interaction between LGBT individuals and law-enforcement and corrections systems. The workshop will pay particular attention to issues specific to transgender individuals that arise at all stages, from arrest to incarceration. At the incarceration stage, the workshop will highlight important aspects of human-rights laws relevant to LGBT inmates and review the basic requirements of the Prison Litigation Reform Act and how its provisions impact LGBT clients. Other topics will include preserving attorney-client privilege, containing costs, and protecting LGBT clients from retaliation. Finally, the panel will discuss issues specific to incarcerated transgender clients, including the availability of hormone therapy, highlighting a recent victory in Gammett v. Idaho State Board of Corrections.

Speakers: Shannon Minter, Matt Dos Santos, Kristina Wertz, Deb Golden, Brett Parson

Friday, September 5, 2008, 3:45pm-5:15pm

CLE Materials:

Idaho State Board of Corrections Memorandum (PDF)
Preserving Privilege (PDF)
Prison Litigation Reform Act (PDF)
Prisoners' Rights (PDF)
Resources for Prison and Jail Legal Issues (PDF)
San Francisco Police Dept Rules of Conduct RE Transgender (PDF)
San Francisco Police Dept Scanned Bulletins (PDF)

How to distinguish oneself through diversity.  Legal employers are focused on increasing diversity in the profession.  Clients demand it and diverse attorneys are uniquely positioned to distinguish themselves and leverage for professional advancement opportunities.  This workshop will present practical tips that you need to learn how to use your diversity to advance your professional agenda through internal and external networks, appropriate self-promotion and pro bono opportunities.  Learn how to act as a liaison to external diversity organizations while increasing your organization's visibility in the community.  You will find that you can create your own buzz while impressing decision makers favorably.

Speakers: C. Elaine Arabatzis, Marla R. Butler, Lisa J. Damon, James D. Nguyen, Jeff Becherer

Friday, September 5, 2008, 3:45pm-5:15pm

CLE Materials:

Unwritten Rules: What You Don't Know Can Hurt Your Career (PDF)

Coaching Tips from Dr. Lois Frankel (PDF)

Career Enhancement Checklist (PDF)

Find a Career, Not a Job (PDF)

New Associates Eager to Spring Forward Need to Reset Their Clocks to Lawyer (PDF)
Antigay or Antihuman? The Sullivan Lawsuit Is Raising Some Ugly Questions (PDF)
Catch a Rising Star: Put a Mentor In Your Pocket & Save Them for a Rainmaker Day (PDF)
Do Your Due Diligence: The Nitty Gritty to Finding the Best Opportunity (PDF)
Enlarge Your Territory (PDF)
Fitting the Bill: When It's Time to Collect, Clients Appreciate Clarity and Detail (PDF)
Gay and Lesbian Attorneys: Out at the Firm (PDF)
Keep that Job (PDF)
Leveraging To Your Professional Advantage Through Diversity (PDF)
Managing Outside Your Comfort Zone (PDF)
Metric Conversion (PDF)
Rainbow Revolution (PDF)
Recording Time (PDF)
Rules for Working the Room (PDF)
Showing Your Worth Without Showing Off (PDF)
http://www.lavenderlaw.org/2008/CLE%20Materials/3E/SummerAssociatePracticalTips.pdf
Taking Credit: Spotlighting Your Accomplishments (PDF)
Time Entry (PDF)
Time Management Skills for Attorneys (PDF)
Top 10 Recommendations for In House Women Counsel (PDF)
Utilizing Your Law Firm Summer to its Fullest (PDF)
Where Young Attorneys Gather for Career Advice (PDF)

The objective of this panel is to encourage the development of the next generation of sexual orientation and gender identity scholarship by fostering cross-generational support and feedback from experts in the field. Topics from papers selected include the intersection of race, gender, and sexual orientation discrimination; the treatment of transsexual and intersexed prisoners; and the effect of marriage rules on children conceived via assisted reproductive technology.

Speakers: Professor Taylor Flynn, Professor James McGrath, Professor Courtney Joslin, Professor Clifford J. Rosky, Professor Erin Buzuvis, Professor Russell Robinson

Friday, September 5, 2008, 3:45pm-5:15pm

This panel aims to showcase the work of junior scholars who are all working in areas of sexual orientation and the law but who have an interdisciplinary approach to their work that draws from the humanities, psychology, public health, or other areas of the law that are normally not associated with sexual orientation jurisprudence.

Speakers: Professor Gowri Ramachandran, Professor Bennett Capers, Professor Darren Rosenblum, Professor Elizabeth Glazer, Professor Dean Spade

Saturday, September 6, 2008, 10:45am-12:15pm

CLE Materials:

Antisubordination Rights and Radicalism (PDF)
Exporting Identity (PDF)
Freedom of Dress: State & Private Regulation of Clothing, Hairstyle, Jewelry & Makeup (PDF)
On Andy Warhol's Electric Chair (PDF)
Performance Property and the Slashing of Gender (PDF)

This workshop will discuss the distinct challenges faced by LGBTQ youth who are homeless or in the foster care or juvenile justice system. LGBTQ youth in foster care rarely feel safe. They are harassed and physically harmed by other youth, foster parents, detention center staff, and group home staff. Children's advocates, judges and other child welfare and juvenile justice professionals must ensure their safety, permanency, and well-being. This interactive workshop will focus on: (1) factors judges and lawyers should consider to assure safety, permanency, and positive well-being outcomes for LGBTQ youth in foster care and juvenile justice; (2) steps to build a trusting relationship with LGBTQ youth; (3) tools for involving youth in their case planning, including court appearances; and (4) tips to help LGBTQ youth find their voices in the dependency court process. Panel participants will further talk about ways LGBTQ youth enter and cycle through these systems, the risks they are subject to once in placement, and the legal strategies we are using to enforce their legal rights. We will share examples of effective approaches including using innovative strategies at dispositional hearings, bringing civil rights litigation, and advocating for legislation.

Speakers: Jody Marksamer, Katie Stewart, Andrea Khoury

Saturday, September 6, 2008, 10:45am-12:15pm

CLE Materials:

ABA Child Law Practice: Exploring Attitudes about LGBTQ Youth in FosterCare (PDF)
ABA Child Law Practice: Legal Advocacy and Decision Making for LGBTQ Youth (PDF)
ABA Child Law Practice: Opening Doors for LGBTQ Youth in Foster Care (PDF)
ABA Child Law Practice: Tips for Building Relationships with LGBT Youth (PDF)
And by the Way, Do You Know He Thinks He's a Girl (PDF)
New York Office of Children and Family Services Guidelines: LGBT Youthcare (PDF)
New York Office of Children and Family Services: LGBT Policy (PDF)
Philadelphia County Trans Health Order (PDF)
Youth Rights (DOC)

This program will bring together judges, lawyers and others who are interested in increasing diversity within the judiciary. The program will address the difficult and complex issues confronted by gays and lesbians who aspire to become judges at all levels of the judiciary through the elected, appointed, and nominations process.

Speakers: Judge Gary Cohen, Judge Jodi Levine, Judge Larnzell Martin, Judge George Silver, Judge Theodore Weathers, Judge Linda Giles, Judge James L. Warren, Judge D. Zeke Zeidler

Saturday, September 6, 2008, 10:45am-12:15pm

CLE Materials:

Candidate and Campaign Training (PDF)
Diversity and LGBT Attorneys (PDF)
Gay and Lesbian Attorneys: Out at the Firm (DOC)
Gay and Lesbian Attorneys Out at the Firm Part 2 (DOC)
Visible Invisibility (PDF)
White Men and Diversity (PDF)

The laws impacting LGBT people across the United States could hardly be more diverse. Same-sex couples in Massachusetts can get married, while Virginia's legislature passed a law that purports to ban even "partnership contracts" for gay and lesbian couples. The panel will survey the tax implications of the many forms of government recognition offered to same-sex couples across the nation. Specifically in California, with the advent of joint filing for registered domestic partners in California, the tax situation for RDP's has become even more complex. RDP's must file their state returns as married couples would, but their federal filing status remains "single." The IRS has been reluctant to clarify the role that RDP community property will play in federal estate and gift tax questions. The panel will discuss how the disparity between the federal and state treatment across the nation.

Moderator: Brian Chase

Speakers: Kate Fletcher, Professor Patricia Cain, Paul DiSangro, Nima Eshghi, Steve Sims, Karen Stogdill

Saturday, September 6, 2008, 10:45am-12:15pm

CLE Materials:

Tax Issues for RDPs (PDF)
Tax Complications for Same Sex Couples in California (PDF)
Internal Revenue Code Section 1041 (PDF)
IRS Advises No Medical Expense Deduction For Sexual Reassignment Surgery (PDF)
GLAD: Navigating Income Tax Issues for Married Same Sex Couples (PDF)
GLAD: Taxes on Employment Benefits for Same Sex Spouses (PDF)

This workshop will bring together social scientists discussing new findings relevant to LGBT policy issues and attorneys discussing how they have used empirical data in both legislative work and litigation on LGBT rights. Panelists will examine anti-discrimination law, family law, and military policy. Participants will learn how best to incorporate the latest research into their advocacy.

Moderator: Brad Sears

Speakers: Aaron Belkin, Gary J. Gates, Sharon McGowan, Kathi Westcott

Saturday, September 6, 2008, 10:45am-12:15pm

CLE Materials:

Cook Filed Amicus (PDF)

Expert Amicus Brief (PDF)

NR31-08 Order and News Release RE Denial of Rehearing and Stay (PDF)
S147999 California Supreme Court Marriage Decision (PDF)
Williams Institute: The Impact of Extending Marriage to Same-Sex Couples in California (PDF)
Williams Institute: The Impact on Iowa's Budget of Allowing Same Sex Couples to Marry (PDF)
Williams Institute: The Impact on Oregon's Budget of Introducing Same Sex Domestic Partnership (PDF)

Estate Planning in a world of limited relationship recognition poses serious and complicated legal questions.  Sometimes having a will is not enough, particularly when your client's asset portfolio is substantial.  Couples with disparate wealth may be protected by marriage at the state level, but the lack of relationship recognition and attendant tax benefits at the Federal level make it necessary for many LGBT couples to avail themselves of certain trust and gifting strategies that many practitioners are not familiar with. This seminar focuses on both lifetime wealth transfer strategies, as well as the probate planning techniques that ensure smooth and successful wealth transfer after death.  Becoming familiar with these trust instruments, as well as local probate rules, deadlines and strategies is a must for any estate planner who wishes to assist their clients throughout the entire estate planning process.

Speakers: Anthony Brown, Tamara Kolz

Saturday, September 6, 2008, 10:45am-12:15pm

CLE Materials:

Advanced Trust Estate and Probate Planning (DOC)

Probate Due Diligence (PDF)
Probate Executor Duties (PDF)
Probate Outline (PDF)
Probate Sample Closing_Statement (PDF)

Join experienced family law practitioners as they guide you through the critically important and challenging practice areasof estate planning and elder law for the LGBT community and hear the details of recent LGBT family law decisions and statutes by the chief legal counsel for the National center for Lesbian Rights.

Bios: Suzanne Bryant

Speakers: Jane Bassett, Deb L. Kinney, Elizabeth Schwartz

Saturday, September 6, 2008, 1:30-3:00pm

CLE Materials:

Elder Law and the LGBT Person (DOC)
Life and Estate Planning Issues for Same Sex Couples (DOC

Section 3 of the federal Defense of Marriage Act ("DOMA") defines marriage as between a man and a woman for purposes of the entire U.S. Code, effectively precluding same-sex couples from qualifying for the more than 1,100 federal rights, benefits and responsibilities that come with marriage.  Now with same-sex couples marrying in Massachusetts and California, the broad impact of federal discrimination against same-sex couples is finally being felt. What are possible litigation strategies for dismantling this discriminatory law? What work is being done now to prepare to challenge Section 3, and what can you do to help in that effort?

Speakers: Shannon Minter, Jenny Pizer, Janson Wu, Nima Eshghi, Professor Taylor Flynn

Saturday, September 6, 2008, 1:30-3:00pm

CLE Materials:

Joint Statement of LGBT Organizations: Make Change, Not Lawsuits (PDF)

HHS Medicaid DOMA Letter (PDF)
Massachusetts Medicaid Bill Number 4107 (PDF)
Medicaid Equality Fact Sheet (DOC)
Section 3 DOMA Cases (DOC)
The Effect of State-Legalized Same-Sex Marriage on Social Security Benefits and Pension (PDF)
The Potential Budgetary Impact of Recognizing Same-Sex Marriages (PDF)
US Bankruptcy Court: Kandu (PDF)
US Court of Appeals: SMELT, Orange County (PDF)
US Supreme Court Support for State Sovereignty Over Family Law (DOC)
Veteran Cemetery Letter (PDF)
Wilson v Ake (PDF)
With Marriage, Gay Couples Face Tax Angles (DOC)

NR31-08 Order and News Release RE Denial of Rehearing and Stay (PDF)
S147999 California Supreme Court Marriage Decision (PDF)
Williams Institute: The Impact of Extending Marriage to Same-Sex Couples in California (PDF)
Williams Institute: The Impact on Iowa's Budget of Allowing Same Sex Couples to Marry (PDF)
Williams Institute: The Impact on Oregon's Budget of Introducing Same Sex Domestic Partnership (PDF)

LGBT and/or HIV+ immigrants face the dual discrimination of being LGBT/H and being non-citizens.  This panel will lay out the legal landscape for LGBT/H immigrants, including: a discussion of the hurdles faced by binational same-sex couples and a possible legislative solution; the unique challenges transgender immigrants face in correcting their identity documents and having their marriages recognized under immigration law; the HIV ban under immigration law and pending legislation on the issue; and asylum based on LGBT identity and HIV status.  The workshop will conclude with a “mock asylum interview” featuring a U.S. Citizenship and Immigration Asylum Officer from the San Francisco Asylum Office.

Speakers: Linda Tam, Victoria Neilson, Ben Lunine

Saturday, September 6, 2008, 1:30pm-3:00pm

CLE Materials:

Statutory and Regulatory Bases for Bar Against HIV-Positive (PDF)

Know Your Rights: Manual for Detained LGBT and HIV-Positive Asylum Seekers (PDF)
Winning Asylum Withholding and CAT Cases Based on Sexual Orientation Transgender Identity or HIV Status (PDF)
National Immigration Justice Center Resources for LGBT/HIV-Positive Asylum Seekers (DOC)

This workshop will engage both distinguished panelists and audience members to discuss the needs of LGBT lawyers and LGBT Diversity initiatives from the perspective of our straight allies. The panel will focus on the importance of creating an inclusive work environment, the importance of individuality in the workplace, successes and failures in LGBT diversity initiatives, and marketing LGBT diversity. The participants will answer provocative questions from a straight perspective such as "How gay is 'too gay'?"; "How do transgender issues fit into the broader diversity picture?"; and "When is it inappropriate to utilize LGBT attorneys in marketing your organization's diversity efforts?"

Speakers: Carlos Felipe Uriarte, Monica G. Parham, Barry Levin, Brandon Waggoner, Madeleine McDonough

Saturday, September 6, 2008, 1:30am-3:00pm

CLE Materials:

Gay and Lesbian Attorneys Out at the Firm 1 (PDF)
Gay and Lesbian Attorneys Out at the Firm 2 (PDF)
Perspectives from the Invisible Bar (PDF)
Today's Gay Friendly Firms (PDF)

Winners of the Dukeminier Awards for the best law review articles on sexual orientation and gender identity topics in 2007 will discuss their work and emerging themes in LGBT scholarship. Winners are selected by a rigorous process involving faculty at the UCLA Law School - Williams Institute on Sexual Orientation Law and Public Policy and a student editorial board. The board screens several hundred articles to identify the top forty, which are closely analyzed in a law school seminar. Seminar participants select ten finalists, and a committee of Williams faculty and students chooses the best three to five articles.

Speaker: Professor Nan D. Hunter, Sonja Shield, Douglas NeJaime, Professor Sylvia A. Law

Saturday, September 6, 2008, 1:30pm-3:00pm

CLE Materials:

Who Gets to Interpret the Constitution? (PDF)
Plaintiffs' Expert Disclosures (PDF)
Plaintiffs' Rebuttal Expert Disclosures (PDF)
The Doctor Won't See You Now (PDF)
Social Science Cook Filed Amicus (PDF)
Social Science Research and LGBT Litigation & Legislation (DOC)
Exposing Sex Stereotypes in Recent Same Sex Marriage Jurisprudence (PDF)