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
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.
One-Half Century Centralized Regulatory Review
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 Davis, Professor Walter Gellhorn and Professor Allan Schmid.
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.
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.
The gross negligence on the part of the Editor has been corrected by adding Justice Breyer’s name to the list.