Next Steps: Implementation of the Common Law Initiative

    November 26, 2021

Since the announcement of the Common Law Initiative several months ago a number of actions were taken.

The Common Law Initiative was promoted on the CRE website.

The aforementioned announcement resulted in hundreds of hits each day on the CRE website for nearly a week. Several weeks later it was announced on the SSRN ejournal, administrative law, which also resulted in a very substantial number of hits.

2.  What were the reactions to the Common Law Initiative?

From organizations located outside the United States the reactions were fairly positive. In some cases there was a very positive reaction to examining what the reader believed to be an over reliance on common law.

From organizations located in the US, different institutions had different reactions.

The legal academy was in large part totally silent, no reaction whatsoever.

Practicing attorneys outside the government were intrigued and wished to study the matter.

Attorneys in federal agencies were in large part silent, with the exception of several attorneys in oversight positions who were favorably disposed to the program.

3.  What steps have been taken to launch the program?

Relevant Congressional Committees have been advised of the availability of the program description on the CRE website.

Actions were taken to determine if there are any existing journal articles that champion the same cause as does CRE.  The answer is a vibrant “Yes”, see the article “Common Law is Dead” on the CRE Homepage post on the Initiative.

4. What actions are currently underway?

CRE continues to make available on a continuing basis new posts and articles on its website  to members of Congress and their staff.

Discussions are underway with a few NGO’s to assess their interest in working on the project.

We are contacting law professors who teach “Leg Reg” courses to acquaint their students with the Common Law Initiative and to encourage their students to express their views on this page.

5.  What is the time frame?

It took twenty years to create centralized regulatory review program , hopefully this initiative will move at a faster rate.

Unlike the initiation of centralized regulatory review, we now have access to the CRE website which is the “Go To” website for scholars interested in studying the management of the administrative state. Access to the influential readership of the CRE website has and continues to open many doors.

6. Where can we receive additional Information? 

Utilize the contact link on this page. Please note that it is and continues to be CRE policy,  as it was over the nearly past forty year period,  never to discuss  conversations  or correspondence we have had with external sources.

 

 

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