Managers of the Administrative State

June 2018

In that the Editor will approach his eightieth year in several weeks, he has been asked to provide the names of his contemporaries who not only made a noteworthy but also a lasting impact on the functioning of the Administrative State, who did so both as a federal employee and in prior or subsequent non-federal employment, who were confirmed by the Senate and who are currently employed in their chosen field of endeavor.

Notwithstanding the aforementioned formidable list of qualifying conditions the names that come to mind in very short order include but are not limited to:

Stephen Breyer    Supreme Court

Chris DeMuth       Former OIRA Administrator

Alfred B. Fitt         Former General Counsel, Department of the Army

Boyden Gray        Former White House Counsel

Peter Hutt             Former FDA Counsel

Elena Kagan        Former White House Associate Counsel

Sally Katzen         Former Administrator, OIRA

Neil Kerwin*         Former President, American University

Jim Miller              Former Director of OMB

Alan Morrison*     Former Public Citizen

Ted Olson             Former SG

Richard Pierce*   GW Law School

Nino Scalia**       Former GC Office of Telecommunication Policy

George Schultz    Former Director of OMB

Peter Strauss       Former NRC Counsel

Cass Sunstein      DOJ and Former Administrator, OIRA

Patrica Wald        DC Circuit

Paul Verkuil         Former Chair, ACUS

* Not confirmed by the Senate                                                                                                                                          **Deceased

The initial decision, but later modified, was to limit the list to not more than ten individuals although that constraint could change; subsequent listings by others should revisit the emphasis on a stint with the federal government as one of the decision criteria.

The identification of living legends in any profession, as opposed to their supporting institutions, provides a basis for conducting a retrospection of their activities– however beneficial or controversial. An icon is “a person  who is very successful and admired”; given the reputation accorded to the administrative state in some quarters it should be noted that some icons may be admired by most but not necessarily by all whereas others may be admired by only a select few. Regarding the aforementioned individuals the Editor believes they have all made lasting  contributions to the governance of the administrative state.


OIRA Library

One-Half Century Centralized Regulatory Review

Editor’s Note

The Editor has often remarked that we Americans have a nanosecond interest in history and so as not to be subject to such a criticism it imperative we recognize the domineering contributions of  Professor Kenneth Culp DavisProfessor Walter Gellhorn and Professor Allan Schmid.


June 2018

3 comments. Leave a Reply

  1. Bill Funk

    I would add Justice Stephen Breyer — former Harvard Law professor of administrative law; co-author of a leading adlaw casebook; Counsel for the Senate Judiciary Committee, and author of books relating to administrative law. Oh yes, also Supreme Court Justice.

    • Editor

      Professor Funk is right on target–as usual. Professor Funk is himself a pacesetter in that he is the Editor of the U. S. Administrative Law eJournal.

      N.B. Our site monitors demonstrate a wide range of stakeholders interested in this post; we encourage others to offer their suggestions; we accept anonymous posts. The attendant database could be used by others to generate a revised list at a later date.

  2. Editor

    The gross negligence on the part of the Editor has been corrected by adding Justice Breyer’s name to the list.

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