The New FTC: Exhibit # 1 on the Need to Revamp Both Law School Curricula and the Regulation of Big Tech

07/19/2021    Advised Big Tech firms of the merits of a Self-Regulated Organization

07/16/2021    Revised Text of this Post

07/10/2021    Notification of public of related publications

  • Resurrection of CRE’s Recommendation for Regulating Big Tech
  • Wall Street Journal’s Insightful Background on the Biden Executive Order

CRE’s (Center for Regulatory Effectiveness) participation in the debate governing the education of the future leaders of the administrative state is not based upon the questioning  of the  recent statements  made by the Chair of the FTC, although in retrospect it should be, but it is the result of an in-depth study published nearly four years ago and highlighted on the  CRE website. The sensitivity and resultant insularity of the academic community from external and, as demonstrated above, most certainly from internal criticism, abounds even though they are granted monopoly powers through occupational licensing, serendipitously a vintage interest of the FTC. [ A professor at a leading law school concludes: “…. it should also prompt reconsiderations of the ABA’s role as accreditor of law schools ..,,  Having lawyers regulate entrance into their own profession has always been anomalous. The ABA has an abiding interest in making entry more expensive—it decreases competition for its current members. ” 

The essence of the aforementioned statement is since the the appointees to key positions in federal agencies  often have not obtained the requisite experience from working for a federal agency then it is imperative that they receive it from their academic training which presently is not the case.

To this end,  CRE has been deluged with questions regarding as to what in CRE’s background places it in a position to suggest changes to law school curricula. The answer is very straightforward, merely place  two words into Google: CRE Contributions .

Next Steps

The actions taken by CRE with respect to the FTC provide a unique bipartisan platform to initiate meaningful and continuous improvements to the federal regulatory regime without the hassle of enacting legislation which may not be implemented as intended even if passed into law.  CRE is initiating  a program consisting of two segments:

(1)  FTC Rulemaking Procedures and/or Implementation of a Self-Regulatory Organization for the regulation of Big Tech.

(2)  Law School Curricula

Both of the above segments will utilize three tools that CRE was instrumental in creating:

CRE welcomes your views by contacting us. This is not CRE’s first time at the rodeo; see this post of ten years ago.

 NB  Several years ago CRE recommended the establishment of a SRO (Self Regulatory Organization) which some regulators were willing to discuss but no interest on the part  of the regulated community or their associated food chains. In that this website receives thousands upon thousands of hits each year, hopefully the points set forth herein will continue to be on the radar scope of influential players.

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