Centralized Regulatory Review has been around for a half century. In that space of time the concept of centralized regulatory review has emerged from an extralegal innovation of the Presidency to a necessary tool for governance of the administrative state with a bipartisan base of support.
What is the relationship between centralized regulatory review and pending legislation for regulatory reform? In large part the proponents of regulatory reform conclude that centralized regulatory review, while making a contribution, is not living up to their expectations.
The purpose of this post is to call to the attention of “reformers” that the fix is not a legislative patch but instead one rooted in the education of attorneys. More specifically graduates of law schools become our judges, Members of Congress and regulators. “Reformers” should spend time on accelerating the current trend in leading law schools to provide LegReg courses and also by assisting in the provision of the requisite financial resources needed to expand faculty and course offerings to offer such courses.
The need for such an action is demonstrated in the following: