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.

ESG Investing and Fiduciaries—A Forced Marriage?

The Biden Administration is working on a regulation which will reverse a Trump regulation which restricted the ESG program.

The forthcoming Biden regulation is a pacesetter because:

  • It is a formal rulemaking issued by the Department of Labor
  • Virtually  every major player will submit comments, and
  • Most importantly there is a private sector enforcement mechanism which could keep the participants honest.
Private Sector Enforcement Mechanism

Here is the textbook definition of an ESG Investment Fund:

The Ever Increasing Presence of the Misuse of a Kumbaya Based Management Strategy

Our definition of an evolving managerial concept which we characterize as the misuse of a Kumbaya based management strategy is one in which its students are schooled in a peculiar mechanism for solving very difficult problems, namely those where someone is definitely going to be a winner and where someone is definitely going to be a loser, which might best be characterized as sitting in a hot tub, holding hands, singing Kumbaya and smothering dissent by a continuum of  unwarranted compromises.