From The President

Writing the President’s message is one of the most fulfilling and difficult parts of being NBA President. That might sound odd, but, when it is the first thing each Past President mentions after your election, you tend to be wary. Fortunately, my wariness was tempered by their encouragement and words of wisdom.

I view the President’s message as a connection with our members. It’s one of the few times I get to communicate directly with you and, hopefully, to do so in an interesting or impactful way.

Tempered with that is the reality of publication: it is usually weeks between when inspiration strikes and the note is written and when our members receive the NBJ. So with that in mind, I write this now after having experienced (via television, not in person) the awe and excitement of the 2024 Summer Olympics in Paris. (And the Paralympics are starting soon!) I love the Olympics. The magic, the artistry, the athleticism, and, yes, even the patriotism. It’s hard not to get excited hearing chants of “U-S-A! U-S-A!” as America’s best compete on a world stage. It’s also a time when we come together to share in the thrill of winning and commiserate in the sting of defeat. Results do not always meet expectations, but we get to see people at their best, putting aside disappointment and showing us the resilience of the human spirit.

Olympians teach us that people can do the impossible. It’s easy to be inspired by such feats. But they aren’t the only ones. And lest you be concerned I’m going to compare elite athletes with attorneys, bear with me. We have attorneys who do not just the impossible and inspirational but those who show up day in and out to do their jobs – even when not sensational, glamorous, or noticed. The defense attorney who dedicates years to get a wrongful conviction overturned. The multitudes of attorneys working every day to protect children, families, vulnerable individuals, and the environment. The corporate, M&A, and securities attorneys who do their part to represent their clients. The members of the judiciary interpreting laws and aiming for justice. The government attorneys striving to make life in America better. All the attorneys who fight for what they believe and help effect change for millions. We, at the NBA, are fortunate to call those individuals members and to have an opportunity to get to know them and their practices better.

To that end, we are focusing on one particular area of the law in this issue: administrative law. We know our legal system may not be perfect, but it is the cornerstone of our democracy and a crucial element in ensuring justice and equality. In addition to safeguarding rights and resolving conflicts, what we do plays a vital role in advocating for change and shaping public policy. Much of that changing and shaping occurs at the administrative and regulatory level. While it is still early to see how the operation of administrative agencies will be impacted by recent court decisions, their importance, especially in their review and guidance on any number of issues, should not be ignored. From the Securities and Exchange Commission to the Department of Defense to the Environmental Protection Agency, we rely on agencies – and the attorneys working within them – to help us administer, enforce, and regulate laws. I hope the articles and stories we provide here help broaden your understanding of how administrative law and agencies serve us and the important role they play in our legal system.

Bahar