The Congressional Review of Regulations or Common Law?

The literature is replete with the need for Congress to review regulations. Among the many arguments advanced in support of this idea is that Congress has delegated too much authority to regulatory agencies and  the Congress must act to address the shortcomings in regulations promulgated by regulators.

Nonetheless it appears that two events are not about to happen:

(1) federal regulators will cease in issuing regulations and

(2) that the Congress will  have the resources  to review the aforementioned regulations.

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 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