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1 Regul. Rev. Depth 1 (2012)

handle is hein.journals/rgyrvidh1 and id is 1 raw text is: 













               THE   REGULATORY PRACTITIONER

                           John  F. Cooneyt

    I want to describe for you what it is like to be a regulatory practitioner.
I understand that some  of you are not law students or lawyers, so I will
describe the regulatory process broadly both for those who are lawyers and
those who  are humans.
    At the outset, I think about the regulatory process from three broad
perspectives that have ramifications for anyone working  as a regulatory
practitioner.
    First, the United States government  is the most  complicated  social
organism   ever developed   by  human   beings.  The  job  of regulatory
practitioners is to study how this organism functions and work with it to try
to reach intelligent policy decisions.
    Second, I think of the regulatory practice as the Queen of the Social
Sciences. It is the discipline that gets to put all the other social sciences to
work, and  it is the discipline that draws most heavily on all the areas you
have  studied and  loved in school. Society regulates many   complicated
phenomena-the air we breathe, how financial institutions   operate, what
stem  cell lines can be used in medical research. To  do the job  well, a
regulatory practitioner has to be proficient in all the social sciences: law,
economics,  political science, sociology, psychology, journalism and media;
and has to be able to learn something about the physical sciences, especially
chemistry  and physics, to develop persuasive arguments.  The job of the
regulatory practitioner is to take the insights from these other disciplines
and figure out how to develop the best arguments and explain the matter to
both experts and laymen alike.
    Third, the regulatory practice is the field where law, policy, politics, and
media/public relations come  crashing together. I say crashing together
because  the outcome  of the process is about power  and money,  and the
people in the process are well-educated, highly experienced, and fight very

    t Partner at Venable, a Washington, D.C.-based law firm. Previously Assistant to the
Solicitor General in the Department of Justice, Deputy General Counsel for Litigation and
Regulatory Affairs in the Office of Management and Budget (OMB), and counsel for
OMB's  Office of Information and Regulatory Affairs. This essay is an edited version of the
inaugural Distinguished Lecture on Regulation at the University of Pennsylvania Law School
delivered by the author in 2012.

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