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

Our interest dates back to the late 1960’s when some of the current employees of the Center for Regulatory Effectiveness, then career employees in the Johnson Administration,  were advocates of (1) conducting benefit-cost analysis of regulations and (2) having OMB review the aforementioned benefit-cost analyses.

A number of the members of the administrative bar were adamantly opposed to the above recommendations which when implemented constitute centralized regulatory review. The aforementioned individuals argued that the enabling  statutes directed a particular federal agency  to issue a regulation, not the President, and that centralized regulatory review was an illegal action. That observation, usually made without any qualification however well deserved,  was engrained in future generations of attorneys by law school faculties whose graduates often became judges who rendered decisions which became the fundamental building block for the development of the common law dealing with centralized regulatory review.

Public Dialog: The Birth of a Legal Doctrine in the Administrative State

Utilizing the services of Academia.edu we are able to provide a forum for a continuing debate of CRE’s view that the common law that provides for the management of the administrative state should be subject to an impartial review pursuant to the mandates of the Administrative Conference of the United States. See this post.

A Multidisciplinary Review of Common Law in the Administrative State

Initiating Post and Sponsoring Host

This page is dedicated to publicizing established pathways to our single objective, the initiation  of  A Multidisciplinary Review of Common Law in the Administrative State.


                              Pathways to the Multidisciplinary Review of Common Law




Inside EPA’s Encyclopedic Report on “Standing” in Environmental Legal Challenges

See this path setting report prepared by  Inside EPA.


Here is the Best Reason for OIRA Review of IRS Tax Rules

Since its inception there has been a  heated debate concerning OIRA review of Treasury Tax rulings. Read the following story from the New York Times; it ends the debate. It  is time that the Biden Administration provide OIRA with the added staff needed to perform the task.

Without taking a position on the facts behind the NY Times story, hopefully the opposition arguments  of the past advanced by the tax bar have been finally laid to rest; there is a definite need for an independent review at Treasury tax rules.