Regulation from Washington: Exploring Unseen Costs
Regulatory Transparency Project's Fourth Branch Video
Regulatory Transparency Project's Fourth Branch Video
Regulations emanate from Washington and “affect every aspect of our lives, but we’re often unaware of it because they do so in hidden ways.” What are these effects and do they benefit American workers, companies, and consumers? A variety of experts on regulatory issues discuss this important question.
Visit the Regulatory Transparency Project's website – https://RegProject.org – to learn more, view all of its content, and connect with it on social media.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Distinguished Fellow, Hudson Institute
Christopher DeMuth is a distinguished fellow at Hudson Institute. He was president of the American Enterprise Institute for Public Policy Research (AEI) from 1986 to 2008 and was the D.C. Searle Senior Fellow at AEI from 2008 to 2011.
Mr. DeMuth was raised in Kenilworth, Illinois, and attended the Lawrenceville School (1964), Harvard College (A.B. 1968), and the University of Chicago Law School (J.D. 1973). He served as staff assistant to President Richard M. Nixon from 1969 to 1970, working first for Daniel P. Moynihan (then assistant to the President for Urban Affairs) on urban policy matters and then as chairman of the White House Task Force on Environmental Policy. Following law school, he practiced regulatory, antitrust, and general corporate law with Sidley & Austin in Chicago (1973-1976) and was associate general counsel of the Consolidated Rail Corporation (Conrail) in Philadelphia (1976-1977).
From 1977 to 1981, Mr. DeMuth was lecturer in public policy at the Kennedy School of Government at Harvard University, and director of the Harvard Faculty Project on Regulation. There he taught courses on law, economics, and regulatory policy and conducted and sponsored research on health, safety, environmental, and economic regulation.
Returning to Washington in 1981, Mr. DeMuth served as administrator for information and regulatory affairs in the U.S. Office of Management and Budget, and as executive director of the Presidential Task Force on Regulatory Relief during President Ronald Reagan’s first term of office. From 1984 to 1986, he was managing director of Lexecon Inc., a law-and-economics consulting firm; in 1986, he was also publisher and editor-in-chief of Regulation magazine. He was elected president of the American Enterprise Institute in December 1986.
Many of Mr. DeMuth’s articles, lectures, and occasional talks are posted on his website (https://www.ccdemuth.com).
United States Senate, Alaska
Dan Sullivan was sworn in as Alaska’s eighth United States Senator on January 6, 2015. Sullivan serves on four Senate committees vital to Alaska: the Commerce, Science and Transportation Committee; the Armed Services Committee; the Environment and Public Works Committee; and the Veterans' Affairs Committee.
Prior to his election to the U.S. Senate, Sullivan served as Alaska’s Attorney General and Commissioner of the Alaska Department of Natural Resources. As Alaska's Attorney General, Sullivan’s number one priority was protecting Alaskans, their physical safety, financial well-being, and individual rights – particularly Alaska’s most vulnerable. During his tenure he spearheaded a comprehensive statewide strategy – the “Choose Respect” campaign – to combat Alaska’s high rates of domestic violence and sexual assault. Under Sullivan’s leadership, the Department of Law also undertook an aggressive strategy of initiating and intervening in litigation aimed at halting federal government overreach into the lives of Alaskans and their economy.
As Commissioner of the Alaska Department of Natural Resources, Sullivan managed one of the largest portfolios of oil, gas, minerals, renewable energy, timber, land, and water in the world. Working closely with Alaska’s Governor and state legislature, Sullivan developed numerous strategies that spurred responsible resource development, energy security, and a dramatic increase in good-paying jobs across a number of critical sectors in the Alaska economy. He also developed a comprehensive plan to streamline and reform the state’s regulatory and permitting system.
Sullivan is one of a select number of Alaskan attorneys who has held judicial clerkships on both the highest federal and state courts in Alaska. He served as a judicial law clerk for Judge Andrew Kleinfeld of the United States Court of Appeals for the Ninth Circuit in Fairbanks, Alaska and for Chief Justice Warren Matthews of the Alaska Supreme Court in Anchorage, Alaska. Sullivan also served as a judicial law clerk/intern for Judge James L. Buckley on the United States Court of Appeals for the District of Columbia Circuit.
Sullivan has a distinguished record of military and national security service. He is currently an infantry officer and Lieutenant Colonel in the U.S. Marine Corps Reserves. Over the past 21 years, Sullivan has served in a variety of command and staff billets on active duty and in the reserves, including: TRAP Force Commander and 81mm mortar Platoon Commander, 31st Marine Expeditionary Unit (Special Operations Capable); Weapons Company Executive Officer, Second Battalion, Fifth Marines; Commanding Officer, Delta Company, Anti-Terrorism Battalion; Executive Officer, Echo Company, Fourth Reconnaissance Battalion; and Commanding Officer, 6thAir Naval Gunfire Liaison Company (ANGLICO). In 2004, Sullivan was recalled to active duty for a year and a half to serve as a staff officer to the Commander of U.S. Central Command, General John Abizaid, spending substantial time deployed in the Middle East, the Horn of Africa, and Central Asia. In July 2013, Sullivan was recalled to active duty to serve with a Joint Task Force in Afghanistan focusing on dismantling terrorist networks and criminalizing the Taliban insurgency.
Sullivan served in the Administration of President George W. Bush as the U.S. Assistant Secretary of State for Economic, Energy, and Business under Secretary of State Condoleezza Rice. He focused on fighting terrorist financing, and implementing policies relating to international energy, economic, trade, finance, transportation, telecommunications, and Arctic issues. Sullivan also served as a Director in the International Economics Directorate of the National Security Council staff at the White House.
Sullivan earned a B.A. in Economics from Harvard University in 1987 and a joint law and Masters of Science in Foreign Service from Georgetown University in 1993. Dan and his wife Julie Fate Sullivan were married over 20 years ago in Julie’s hometown of Fairbanks, Alaska. They have three teenage daughters: Meghan, Isabella and Laurel.
Partner, McGuireWoods LLP
George Terwilliger is co-head of the firm's white collar practice and leads the firm's Strategic Response and Crisis Management practice group. Following his fifteen years of public service in the US Department of Justice, where he began as a law clerk and concluded as Acting Attorney General, George has provided counsel in government and internal investigations, agency enforcement proceedings and in civil and criminal litigation. He has represented many of the nation's and the world's largest corporations, including major financial institutions, energy companies, public institutions as well as leading business and government officials, including members of the US Senate and House as well as cabinet officials. He has also represented lawyers and corporate legal departments in investigations. As a result of both his private sector work and government positions, George is called upon to provide counsel as well as commentary to government officials, Congress and private organizations on national security, homeland defense, terrorism, and other public policy and legal issues. George's work regularly involves providing counsel in the executive suites and boardrooms of major corporations.
In private practice for international law firms, George has represented national and international financial, energy, telecommunications, industrial and healthcare companies. He is a recognized expert in leading credible corporate internal investigations and his experience designing and executing both targeted and global legal compliance reviews has involved work in more than 60 countries around the globe. George is an expert on the Foreign Corrupt Practices Act and regularly provides counsel to companies addressing FCPA issues. No stranger to high stakes litigation and crisis events, George helped lead the Bush-Cheney legal team in the 2000 Florida vote recount, served as special outside counsel to a Senate committee investigating vote fraud allegations, served as counsel to an executive commission on gambling, and has represented many clients in politically charged election law and similar cases. He has guided corporations and individual through high stakes matters of intense public interest. He represented an incumbent president in First Amendment litigation concerning the right to have an inaugural prayer said in a public ceremony.
At the Department of Justice, George served for 10 years as a frontline federal prosecutor, handling hundreds of investigations, trials and appeals, including in white collar and national security cases. President Ronald Reagan appointed him as a U.S. attorney, and he next served as the deputy attorney general and as acting attorney general during the George H.W. Bush administration. As Deputy Attorney General, George ran the Justice Department's operations, overseeing all the nation's federal prosecutors, as well as the FBI and other law enforcement agencies. He also had leadership responsibility in several national and international crises, including a hostage-taking in a federal prison and the federal law enforcement response to domestic unrest in Los Angeles. In several instances, he personally handled negotiations of high-profile criminal and civil matters in the United States and abroad.
Senior Legislative Advisor, Covington & Burling LLP
Bill Wichterman is a non-lawyer Senior Legislative Advisor in Covington’s Public Policy and Government Affairs practice.
Prior to joining Covington, Mr. Wichterman served as Special Assistant to President George W. Bush and as the President’s personal liaison to the conservative movement. Before serving in the White House, he held a number of senior staff-level positions on Capitol Hill, including as Policy Advisor to Senate Majority Leader Bill Frist, and Chief of Staff to Congressman Joe Pitts and Congressman Bill Baker.
Mr. Wichterman also has inside experience in congressional and presidential campaigns, serving most recently as a chief advisor to the Santorum 2012 presidential campaign, and has previously been a key staff participant on the Republican Convention's Platform Committee.
Mr. Wichterman has more than 25 years of experience in policy-making and is skilled at developing and implementing comprehensive strategies -- including the media, opinion-makers, and interest groups -- to accomplish the policy goals of his clients. He calls upon his nearly two decades of government service and extensive knowledge of the policy-making and political structures in Washington to counsel clients in various industries on a wide range of matters related to patent reform, health care, employment/pensions, technology, pharmaceuticals, financial institutions, and tax policy, among others. Mr. Wichterman also represents coalitions and associations in a variety of industries, including in the automotive field.
In addition to his work on domestic policy issues, Mr. Wichterman has worked extensively on international matters during his time in government and in private practice, and has particular expertise on trade, finance, and sanctions matters, such as the U.S. and EU sanctions against Russia related to the unrest in Ukraine. He advises clients on the ongoing Trans-Pacific Partnership (TPP) negotiations, and while serving in the White House during the Bush administration he was engaged on issues related to the negotiation of the U.S.-Colombia Free Trade Agreement.