Substantive Law Sections
HNBA SUBSTANTIVE LAW SECTIONS AND COMMITTEES: AN OVERVIEW
Article XII, Section 1 of the HNBA By-laws empower the President to “appoint or designate (i) such committees, divisions or sections as he or she may, in his or her sole discretion, deem necessary to carry out the purposes of the Association or to assist the Board in the orderly management of the affairs of the Association, consistent with these By-laws . . . .“ The HNBA has established the substantive law sections and committees described below to carry out its work. The goals of all the sections and committees include:
- Providing HNBA members with opportunities for true networking, learning and referrals among practitioners with similar interests
- Publishing such newsletters and other documents as the Section or Committee may select, subject to approval by the President or Board of Governors
- Serving as mechanisms for leadership (Board) development for the HNBA and other Hispanic organizations
- Creating programming for the regions, Convention, Mid-Year Conference and other HNBA programs and events
The chairs and members of all sections and committees are appointed by the HNBA National President with the advice of the Vice President of Committees. Bylaws, Art. XII § 2. To be eligible for appointment, individuals must be HNBA members in good standing. Id. The sections and committees may select their own officers except for the chairs and adopt their own rules provided they are consistent with the HNBA bylaws. Id. Section 4. Sections and committees are required to provide periodic reports to the Vice President-Committees, the President and the Board “on all matters pertaining to . . . [their] activities” and “shall make an annual written report to the Board and file it with the President at least 30 days before the Annual Convention.” Id.
HNBA SUBSTANTIVE LAW SECTIONS AND COMMITTEES
Business Law Section
The Business Law Section serves HNBA members and the profession by furthering the development and improvement of business law, educating HNBA members in business law and related professional responsibilities, providing updates on legislative and case law developments and helping members to serve their clients competently, efficiently and professionally. Specifically, this Section is empowered and expected to:
- Address issues pertaining to the formation and activity of business entities including corporations, partnerships, limited liability companies and joint ventures. Substantive focus may include merges and acquisitions, corporate governance, financing transactions, securities, and such other substantive areas related to business law as the interests of Section members may warrant.
- Create networking and other professional opportunities for in-house and outside counsel, and those interested in transitioning into an in-house counsel position.
- Monitor litigation and legislative developments affecting businesses.
- Explore effective means of resolving business disputes.
- Facilitate the sharing of ideas and professional experiences among HNBA members.
- Secure knowledgeable speakers and updates on legislative and case law developments.
The Section may carry out its work through it International Business Law Committee and such other committees as the HNBA President may establish in his or her discretion or at the recommendation of Section leadership.
Civil Rights Section
This Section serves our members and the profession by furthering the development, protection and improvement of the civil and human rights of the Hispanic Community. Specifically, this Section is empowered and expected to:
- Educate and inform the HNBA membership and Board of Governors of civil and human rights issues, particularly violations, related to the Hispanic community.
- Serve as a bellwether and liaison on civil rights and human rights issues for the HNBA and Hispanic Community.
- Assist the Board of Governors in developing policy positions related to civil rights and human rights issues affecting Latinos in the U.S. and Puerto Rico.
The Section may carry out its work through such other committees as the HNBA President may establish in his or her discretion or at the recommendation of Section leadership.
Constitutional Law Section
This Section serves our members and the profession by furthering the development and improvement of appellate practice and Constitutional law, educating HNBA members on appellate issues and related professional responsibilities, and helping members to serve their clients and community competently, efficiently and professionally. Specifically, this Section is empowered and expected to:
- Facilitate the sharing of ideas and professional experiences among HNBA members.
- Monitoring federal appellate dockets in circuits with large Hispanic populations and the U.S. Supreme Court docket, and alerting the Board of Governors and the membership to pending cases likely to have particular impact on Hispanics and other minority communities.
- Identify pending matters where the HNBA should file amicus briefs and recommend such filings to the Board of Governors.
The Section may carry out its work through such committees as the HNBA President may establish in his or her discretion or at the recommendation of Section leadership.
Criminal Law Section
This section serves our members and the profession by furthering the development and improvement of criminal law, educating HNBA members concerning criminal law and related professional responsibilities, providing updates on legislative and case law developments and helping members to serve their clients competently, efficiently and professionally. Specifically, this Section is empowered and expected to:
- Maintain a continuous review of the criminal justice system including the public defender system.
- Review legislation affecting the criminal justice system.
- Address issues relating to prevention of crime, the detection of crime, the apprehension of offenders, the operation of judicial procedure, sentencing, parole and diversion programs, the operation of the correctional process, post-incarceration programs, and the restoration of offenders into society.
The Section may carry out its work through such committees as the HNBA President may establish in his or her discretion or at the recommendation of Section leadership.
Family Law Section
This Section serves our members and the profession by furthering the development and improvement of family law, educating HNBA members in family law and related professional responsibilities, and helping members to serve their clients and community competently, efficiently and professionally. Specifically, this Section is empowered and expected to:
- Consider matters regarding marriage, civil unions, domestic partnerships, paternity, international and domestic custody, spousal support, child support, parenting time, custody and visitation rights of third parties, adoption, placement of children, guardianships, domestic violence and related matters.
- Study existing statutes and proposed legislation on these subjects and alerting the HNBA membership and Board of Governors concerning any issues likely to have a significant impact on the Latino community
- Assist the HNBA Board of Governors in developing policy positions related to family law issues.
The Section may carry out its work through such committees as the HNBA President may establish in his or her discretion or at the recommendation of Section leadership.
Government and Administrative Law Section
This section serves our members and the profession by furthering the development and improvement of Government and Administrative law, educating HNBA members in Government and Administrative law and related professional responsibilities, and helping members to serve their clients competently, efficiently and professionally. Specifically, this Section is empowered and expected to:
- Encourage attorneys working in government and administrative law — including administrative law judges — to share knowledge, ideas and experiences
- Provide a mechanism for networking and interchange among attorneys working in government, including federal agencies, and state and local entities
- Alert the HNBA membership and Board of Governors to issues related to the career progression and challenges faced by Hispanic government attorneys, and assist the HNBA in developing appropriate responses to those issues
- Discuss legal problems of cities and school districts and other local governmental bodies
The Section may carry out its work through such committees as the HNBA President may establish in his or her discretion or at the recommendation of Section leadership.
Immigration Law Section
This Section serves HNBA members and the profession by furthering the development and improvement of immigration law, educating HNBA members in immigration law and related professional responsibilities, and helping members to serve their clients competently, efficiently and professionally. Specifically, this Section is empowered and expected to:
- Provide substantive expertise to assist the HNBA in developing policy positions related to immigration.
- Lead proactively in pro-immigration advocacy efforts.
- Assist the HNBA and the Latino community in responding to anti-immigrant forces and initiatives, including anti-immigrant state & local ordinances.
- In collaboration with other relevant HNBA entities, develop a legislative strategy to promote the passage of comprehensive immigration reform legislation and to recommend the same to the Board of Governors.
- Work with and support the work of civil rights organizations such as MALDEF and PRLDEF.
- Address issues that encroach on civil rights among the Hispanic immigrant community.
The Section may carry out its work through such committees as the HNBA President may establish in his or her discretion or at the recommendation of Section leadership.
Intellectual Property Law Section
This Section is intended to serve HNBA members and the profession by furthering the development and improvement of intellectual property law, educating HNBA members in intellectual property legal matters and related professional responsibilities, and helping members to serve their clients competently, efficiently and professionally. Specifically, this Section is empowered and expected to:
- Provide a forum for interested HNBA members to share knowledge and study cutting-edge issues concerning patents, trademarks, copyrights, licensing arrangements and other intellectual property matters.
- Provide a venue for HNBA members with intellectual property practices to engage in meaningful networking and exchanges of ideas.
The Section may carry out its work through such committees as the HNBA President may establish in his or her discretion or upon the recommendation of Section leadership.
International Law Section
This Section serves HNBA members and the profession by furthering the development and improvement of public and private international law and educating HNBA members with international practice interests on relevant legal developments in order to help them serve their clients competently, efficiently and professionally. Specifically, this Section is empowered and expected to:
- Promote knowledge-sharing and networking among interested HNBA members and stakeholders in the international legal arena, including academics, government officials, in-house counsel at multinational corporations, and officials of international bodies such as the Organization of American States, the World Bank, the International Monetary Fund, and similar institutions.
- Monitor international developments as they affect the rule of law, human rights and the judiciary and lawyers abroad, and to bring information and proposals to the HNBA Board of Governors for action when necessary and appropriate.
- Promote the exchange of best practices in counseling international business on legal compliance and corporate social responsibility.
- Promote collaboration with the leaders of international bar associations and those throughout Spain, Portugal and Latin America.
- Offer programs on international legal topics using an integrated comparative law approach (among others: trade regulation, public international law, international human rights, managing a global workforce, corporate, tax, labor and protection of intellectual property rights).
The Section may carry out its work through such committees as the HNBA President may establish in his or her discretion or upon the recommendation of Section leadership.
Labor and Employment Law Section
This Section is to serve HNBA members and the profession by furthering the development and improvement of labor and employment law, educating HNBA members concerning labor and employment issues and related professional responsibilities, and helping members to serve their clients competently, efficiently and professionally. Specifically, this Section is empowered and expected to:
- Provide a forum for interested HNBA members to share knowledge about, study and report on cutting edge developments in labor and employment law.
- Provide a venue for HNBA members interested in labor and employment law to engage in meaningful networking and exchanges of ideas.
- Study and report upon proposed and necessary legislation and rule-making within the labor and employment law field.
The Section may carry out its work through such committees as the HNBA President may establish in his or her discretion or upon the recommendation of Section leadership.
Law Practice Management Section
This Section serves HNBA members and the profession by furthering the development and improvement of Law Practice Management, educating HNBA members on issues and trends relevant to Law Practice Management and related professional responsibilities, and helping members to run and manage their law practices ethically, efficiently and professionally. Specifically, this Section is empowered and expected to address all issues of interest to its members and associated with a modern law practice, including:
- Business development and marketing
- Law office and legal department administration
- Client relations
- Resource development and networking
- Using technology to manage litigation and transactional practices
- Knowledge management
- Provide a mechanism for attorneys in solo and small practices to share knowledge, network and develop professionally.
- Address issues and develop programming relevant to solo and small practitioners.
The Section may carry out its work through the following committees and such other committees as the HNBA President may establish in his or her discretion or at the recommendation of Section leadership:
- In-house Counsel Committee
- Solo and Small Practice Committee
- Business Development Committee
Lesbian, Gay, Bisexual and Transgender Law Section
This Section serves the HNBA members and the profession by monitoring and advocating on the legal issues affecting the Hispanic lesbian, gay, bisexual, and transgender (“LGBT”) community and by promoting the expertise, advancement, and empowerment of Hispanic LGBT legal professionals. Specifically, this Section is empowered and expected to:
- Highlight the contributions made by Hispanic LGBT legal professionals.
- Increase the awareness among the general HNBA membership of the role of the Hispanic LGBT legal professionals with the goal of securing the continued support of straight HNBA allies.
- Educate the HNBA membership on the legal issues facing the Hispanic LGBT community.
- Serve the Hispanic LGBT community by fostering the participation of the HNBA’s membership in pro bono, mentoring, and other volunteer activities in the LGBT community.
- Advocate justice and equal rights for all members of the Hispanic LGBT community by issuing press releases, filing amicus briefs, and undertaking legislative efforts and other appropriate actions as needed.
- Help to make the legal profession welcoming and supportive for Hispanic LGBT legal professionals.
The Section may carry out its work either directly or through such committees as the Section Chair, in consultation with the Section leadership and the HNBA President, may from time-to-time establish.
Litigation and Dispute Resolution Section
This Section serves HNBA members and the profession by furthering the development and improvement of Litigation and Dispute Resolution issues, educating HNBA members on litigation skills and related professional responsibilities, and helping members to serve their clients competently, efficiently and professionally. Specifically, this Section is empowered and expected to:
- Facilitate the sharing of ideas and professional experiences among HNBA members.
- Address issues relating to the efficiency of the federal and state court systems.
- Explore effective means of resolving disputes including alternative dispute resolution and the uses and application of arbitration, mediation, conciliation, mini-trials and other alternate dispute resolution mechanisms.
The Section may carry out its work through such committees as the HNBA President may establish in his or her discretion or at the recommendation of Section leadership.
Military Law Section
This Section serves our members and the profession by furthering the development and improvement of military law, educating HNBA members in military law and related issues and helping members to serve members of the military efficiently and professionally. The Section may carry out its work through such committees as the HNBA President may establish in his or her discretion or at the recommendation of Section leadership.
Voting Rights Section
Given the extraordinary importance of the right to vote to the political, social and economic empowerment of Latinos in the United States, the growing numbers of Hispanic citizens, and the documented history of voter intimidation affecting Latino voters in many U.S. elections, the HNBA has established a stand-alone Voting Rights Section. The Section serves HNBA members, the profession and the Hispanic community by monitoring and documenting developments in voting rights law and recommending action by the HNBA Board of Governors when and as appropriate, and by providing information resources for assessing issues involving Hispanic access to the political process. The Section may carry out its work through such committees as the HNBA President may establish in his or her discretion or at the recommendation of Section leadership.