The Common Law Initiative

                                                                                                      School Shootings*  
                                                                                                      School Shootings 2
                     A Multidisciplinary Review of Common Law in the Administrative State



Issue to be Addressed

Initiating Post and Host



                              Pathways to the Multidisciplinary Review of Common Law


Options for the Future


A Pervasive Concern


Philosophical Foundations



* The initiation of legal actions to implement the positions set forth herein regarding school shootings might be inconsistent with existing tort doctrine. Consequently the actions outlined in the Common Law Initiative should be initiated at the earliest possible date.


Unique Commentaries
                                   Harvard Journal of Law & Public Policy 

Over the last century, the corpus of American law has expanded to encompass not only statutes but also court rules, state and federal administrative regulations, executive orders, international treaties, supranational conventions, common market legislation, and interstate compacts. Legal academics must stop pretending that we live and work in a common law legal system driven by judge-made law. Otherwise they do a disservice to their students as well as the bench and the bar. Indeed, a significant reason modern legal scholarship goes largely unread is that today’s scholars have lost sight of the needs of both jurists and the practicing bar in an increasingly complex and interconnected statutory domain.

                                Center for Regulatory Effectiveness

We are contacting law professors who teach “Leg Reg” courses asking them to acquaint their students with the Common Law Initiative and to encourage their students to express their views on this page. The cohort of the US academic legal establishment which demonstrates an interest in exploring  the possible implementation of the  Common Law Initiative consists primarily of  those whose age is either less than thirty or more than eighty with the notable exception of the participants in the program and the possible exception of those so noted in this publication. If it is decided to proceed with the implementation of the Common Law Initiative the following actions would be undertaken:

(1) The President and/or the Congress would designate a governmental body, for example  the Administrative Conference of the US, which would delineate one or more organizational and procedural options for identifying and proceeding with a  Congressional review of select common laws, and

(2) The relevant committees of the Congress would conduct the aforementioned review, giving due consideration to the work product of Step (1) above, with considerable emphasis on multidisciplinary public participation. The ultimate product of the Congress would be legislative changes to address a modification of select common laws.

NB Lastly, three years ago we were under the impression that we had two separate and distinct projects underway:

  • The Common Law Initiative: a program designed to have Congress participate in the establishment of Common Law, and
  •  School Shootings: a program designed to change the emphasis on addressing school shootings from the continued over regulation of schools to making parents responsible for the actions of their children.

Not in our wildest imagination did we ever believe that the two aforementioned projects would merge as a result of the presence of common laws which could limit the actions of prosecutors focused on holding parents accountable for the actions of their children.

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Public Comments
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Response to Media Inquiries 

The Common Law Initiative is an exploration of the concept of  having the Congress review the more significant common law doctrines promulgated by the judiciary because they did so with virtually no input from either the Congress or the Executive Branch. The following information is presented in response to the most frequently asked questions by the media.

Background Information

• 24/7 Discussion Forum

The Birth of a Legal Doctrine in the Administrative State

• The Congressional Review of Regulations or Common Law?•

• Why are we interested in how Common Law is established in the US?

• The Common Law Initiative

Jim Tozzi


















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