The Multidisciplinary Management of the Administrative State
2022 Comments
Topic Under Review
Congressional Review of Judge-Made Common Law
A Library of Relevant Research
Scalia Common Law and the Courts
Mashaw Rethinking Judicial Review of Administrative Action
Thayer The Origin and Scope of the American Doctrine of Constitutional Law
Strauss Collective Works on the Courts and the Congress
Shane Federal Policy Making by Consent Decree
NB This forum is now in the top 3% of Academia.edu posts.(02/06/2022) Academic.edu has 174 million registered users and 64 million visitors per month.
Directory
Center for Regulatory Effectiveness
The Invitation for Public Involvement
Center for Regulatory Effectiveness
Public Comments on Congressional Review of Judge-Made Common Law
The comments contained herein will be augmented continuously and they are drawn from this website. We welcome comments from our readership on the issues presented herein as well as their views on the additional content that can be added to this page. Alternatively comments may be submitted from this page and viewed on this page as noted below.
In that the topics under discussion have been festering for a number of decades and since we expect there to be a continued increase in the interest accorded to these topics by individuals in the legal, economic and related public policy sectors, we are devoting this website to the multi-year memorialization of the resulting comments rendered by established scholars in their respective fields. To this end, in the not too distant past the Journal for Benefit-Cost Analysis sponsored a multidisciplinary review of a pending policy issue which might serve as a guide to those preparing comments for this proceeding.
Initially the comments herein are to be directed toward the Congressional Review of Judge-Made Common Law.
Those wishing to comment on this proceeding should use the mechanism contained on this page or in the alternative on this page so presented below.
Quotation of the Day
ACUS should be leading the effort to make many functions of government informed by multiple disciplines.(Resh)
Question of the Day
Please provide an example of a judge-made law that affects us.
Answer: Chevron Deference, whereby the court gives deference to the views of federal agencies in rulemaking.
An Open Invitation to Published Scholars
Re: The Multidisciplinary Management of the Administrative State
The purpose of this communique is to invite you to share your thoughts on how we might expand the modus operandi for the management of the administrative state from one that is based primarily on legal analyses to one that is based on multidisciplinary analyses.
All comments we receive are being made available for continuous viewing by the public by posting them on a new website
https://www.thecre.com/forum8/?p=5075
I have devoted the majority of my 50+ year career to improving the regulatory process, including my work in establishing the regulatory review office, OIRA, in the White House Office of Management and Budget which focuses on the Presidential review of regulations. https://www.thecre.com/forum8/?page_id=1942
It is time to establish a complementary process for the Congressional review of judge-made laws using a multidisciplinary review team as set forth in “The Congressional Review of Judge-Made Common Law” at
https://www.thecre.com/forum8/wp-content/uploads/2020/08/Congressional-Review-of-Judge-Made-Common-Law.pdf
We are contacting you because of our review of one or more of your publications. To this end we would appreciate your posting your views on the aforementioned process for reviewing judge-made laws by posting your views on this page
https://www.academia.edu/s/cace5d4624
Additional background information is available at
https://www.thecre.com/forum8/?p=5075
Respectfully,
Jim
The purpose of this communique is to acquaint our readers with our efforts to:
(1) provide for a multidisciplinary participation in the management of the administrative state, and
(2) shift measures for “regulatory reform” from adding additional procedural constraints on regulators, including the Congressional review of individual regulations, to instead the Congressional review of select judge-made common laws which inhibit the effective management of the administrative state.
The majority of a 50+ year career has been dedicated to improving the regulatory process, including work in establishing the regulatory review office, OIRA, in the White House Office of Management and Budget. This effort focused on bringing the economics profession into a process previously dominated by the legal profession. It is now time to bring a wide range of other disciplines into the management of the administrative state.
We continue our efforts to profit from the views of scholars in a wide range of disciplines and would appreciate their views on this topic by publishing them om this page. Alternatively comments may be submitted on this page. In all instances publications submitted herewith will be publicly available on this website.
A Note to Our Congressional Readership
Unlike some discipline specific symposia sponsored by particular professions, this discussion forum is not focused on the views of a homogenous population; instead its population base consists of a cohort of multidisciplinary individuals residing in different countries throughout the world which reflects a wide range of cultural priorities. The aforementioned observation is highlighted because we are fully aware of both the fact that more than one third of the House and more than half the Senate have law degrees (CRS) and of the unique consideration that members might accord to a multidisciplinary record if they participate in the Congressional Review of Judge-Made Common Law