The Common Law Initiative:  Clinician Report 07/13/2002

Notwithstanding the SCOTUS action on Roe v. Wade  support for the Common Law Initiativewhich argues for the Congressional review of a select number of judicial decisions performed pursuant to a regime articulated by the Administrative Conference of the US, has been nearly non-existent from the legal community and somewhat expected given the following quotation from a member  of the Academy:

The French philosopher Alexis de Tocqueville described his observations of democracy in America, he observed that the United States had rejected monarchy but embraced aristocracy.

He concluded that “If you asked me where I place the American aristocracy, I would answer without hesitating,” he wrote: “The American aristocracy is at the lawyers’ bar and on the judges’ bench.” Even in the 1830s, Tocqueville observed that American jurists considered themselves a “privileged class among intelligent people” by virtue of “[t]he special knowledge that jurists acquire while studying the law.

Here is a report on the current state of affairs.

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