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®: CRE Regulatory Action of the Week

Icons of the Administrative State
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 unique 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:

Boyden Gray
Peter Hutt
Elena Kagan
Sally Katzen
Alan Morrison*
Ted Olson
George Schultz
Peter Strauss
Cass Sunstein
Paul Verkuil

Former White House Counsel
Former FDA Counsel
Former White House Associate Counsel
Former Administrator, OIRA
Public Citizen
Former SG
Former Director of OMB
Former NRC Counsel
DOJ and Former Administrator, OIRA
Former Chair, ACUS

* Not confirmed by the Senate

The initial decision was to limit the list to not more than ten individuals although that constraint could change; subsequent listings 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.

Source: OIRA Library

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 Walter Gellhorn and Professor Alan Schmid.