The Birth of a Legal Doctrine in the Administrative State

 An abridged version now available on SSRN.

Editor’s Note: Not to single out the activities of the legal profession, it would be interesting if someone would publish a comparable ten sentence description of the subrosa activities of the economics profession regarding the operation of the Federal Reserve Board, including its failure to provide for the continued education of the public, the Congress and the Administration of the impacts of continued deficit financing.

The birth of a legal doctrine often begins when an academician associated with the legal academy has an idea on how to improve the administrative state and publishes it in a journal; a colleague reads it and elaborates on its content. With the passage of time other academicians might endorse the concept.

Man sentenced to 18 months after threatening to assassinate federal judge overseeing Michael Flynn case

Editor’s Note: We have appeared before Judge Sullivan; he has disagreed with us more than he has agreed with us. We found him to be a very balanced and thoughtful member of the judiciary. We know of very few issues that can compare with the threat to sitting members of the judiciary. A sound judiciary is the heart of a democracy. That said, we have been making these arguments, as have others, for years and little seems to be happening. Someone needs to take ownership of this issue; we nominate the new and very talented recently appointed Attorney General.


The Salaries of Government Contractors are Dwarfing Those of the Senior Executive Service

Scholars have written repeatedly about the contracting out of critical government programs to the private sector. One of the reasons for the huge drain of the most prized talent is salaries. The top pay of  a government contractor is 349,00. The top salary for a member of the Senior Executive Service (SES) is 199,000.

CRE is of the opinion that the compensation of the most senior executives of the contracting community is considerably higher than $349,000 because of the result of partnership status. In any event kudos are due to those championing transparency in contractor salaries, in particular the OMB employees in charge of this matter.

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

Senior Executive Service: A Lost Cause or a Lost Gem in Need of Rejuvenation?

The top tier law firms have just announced salaries for 1st year associates.

The salary of a first year associate now exceeds the salary of every career federal regulator in the US government. The citizenry ponder why existing regulations allow billionaires to pay only a token level of taxes; little wonder if the federal government can only attract at its senior most levels only those very few extremely qualified personnel who have a passion for serving the public however great their personal sacrifice, a rare find in  the  predominant “Me Only” generation.