Academic journal article The William and Mary Bill of Rights Journal

Charles Koch, Jr.-The Casebook and the Scholarship

Academic journal article The William and Mary Bill of Rights Journal

Charles Koch, Jr.-The Casebook and the Scholarship

Article excerpt

Charles Koch, Jr. wrote a unique casebook. Seventeen years before the Carnegie Report,1 Charles published a casebook through which students learn by doing what lawyers do when they practice administrative law.2 They represent clients, both agencies and those who deal with agencies. They also engage in the internal processes of the agency, developing procedures, providing legal guidance, and negotiating the often Byzantine interactions of political appointees, technical experts, and strongminded colleagues.

Charles created a new agency, the Wine Trade Commission.3 He peopled the Commission and the related wine industry and consumer interests with characters many of us would recognize. We see them as they struggle through the constitutional issues raised by the Wine Trade Commission Act, the development of agency policies and procedures, implementation of rulemaking and enforcement actions, and judicial review, to the eventual departure of two of the lead characters for jobs in Cleveland.4

When I first read the simulation, I was struck by how real it seemed. I knew these people. I did what they were doing. I have often wondered how much the simulation reflected what Charles experienced in Washington. His untimely death provides the unwanted opportunity to explore that question and the larger question of what we can learn about Charles from his casebook and his scholarship. I begin with a review of his career up to the creation of the casebook.

I. The FTC to William & Mary

Having been raised in a Maryland suburb of Washington, D.C., Charles received his B.A. from the University of Maryland in 1966.5 He then earned his J.D. from the George Washington University Law Center, graduating with Honors in 1969.6 Charles joined the staff ofthe Federal Trade Commission (FTC) in 1969, serving for three years in the Bureau of Consumer Protection and three years in the Office of General Counsel.7

It was an interesting time to join the FTC. The previous year, Nader's Raiders had issued The Nader Report,8 which lambasted the FTC as "fat with cronyism, torpid through an inbreeding unusual even for W ashington, manipulated by the agents of commercial predators, [and] impervious to governmental and citizen monitoring."9Nader's Raiders consisted of six law students or law school graduates and one recent graduate of Princeton, Edward F. Cox, Jr., who would go on to marry Tricia Nixon and build a very successful career.10 The others included Judith Areen, later Dean of Georgetown University Law Center; Peter Bradford, later a member of the Nuclear Regulatory Commission; and William Howard Taft IV, later Acting Secretary of Defense and Ambassador to NATO.11

Surely The Nader Report itself was an inspiration to Charles as a recent graduate joining the FTC. Moreover, just as Charles was graduating from George Washington, President Nixon asked the American Bar Association (ABA) to conduct a "professional appraisal of the present efforts of the Federal Trade Commission in the field of consumer protection... to be delivered by September 15, 1969."12 After the ABA confirmed The Nader Report findings,13 President Nixon appointed Caspar Weinberger as Chairman of the FTC with a mandate for the "reactivation and revitalization of the FTC."14 Weinberger was followed later that year by Miles Kirkpatrick, who had chaired the ABA Commission that had confirmed the work of Nader's Raiders.15 As described by Edward Cox, Weinberger and Kirkpatrick

consolidated operations into two principal operating bureaus (Competition and Consumer Protection), upgraded the Bureau of Economics to apply sound economic analysis to those operations, established a planning office to set priorities, revamped and upgraded the regional offices to enable local enforcement initiatives, and, most importantly, attracted capable young attorneys with a strong commitment to consumer protection.16

Charles was one of the capable young attorneys at the Commission. …

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