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Fordham Law Review




In common parlance, the “regulatory state” refers to governance through specialized administrative agencies, such as the federal agencies that arose during the progressive era in the United States.1 Lawyering in the regulatory state takes a number of different forms, including the private representation of clients who are either litigating before agencies or facing compliance issues, as well as the public employment of lawyers within the agencies themselves. Both types of regulatory lawyering raise a wide range of unique ethical issues for lawyers and are the subject of the articles in this Fordham colloquium entitled Lawyering in the Regulatory State. These issues arise in the context of federal administrative agencies that we have heard much about, such as the Securities and Exchange Commission (SEC), the Food and Drug Administration (FDA), and the Patent and Trademark Office (PTO), lesser-known federal agencies, such as the National Highway Transportation Safety Administration (NHTSA), the Consumer Products Safety Commission (CPSC), the Office of Disability Adjudication and Review (ODAR), and the Executive Office for Immigration Review, and a host of state agencies that “affect[] everyday life in countless ways.”2 The authors use a variety of methodologies, including traditional legal analysis, as well as empirical3 and historical4 research. Finally, they focus on such diverse issues as the role of agencies in facilitating access to justice,5 the lawyer’s role as gatekeeper in agency litigation6 and regulatory compliance,7 and the unique role of the in-house lawyer, both private8 and public.9 Taken together, they open a large window on the complex work of many lawyers who are often overlooked in the legal profession’s literature.

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