The New FTC: Exhibit # 1 on the Need to Revamp Both Law School Curricula and the Regulation of 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.
Last week, President Trump’s regulatory czar Paul Ray, head of the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA), issued a “best practices” memo instructing executive departments and agencies how to implement the regulatory bill of rights issued a few months ago. This builds on President Trump’s May 19 executive order laying out 10 “principles of fairness in administrative enforcement and adjudication” to ensure that Americans have basic due process protections should they find themselves in the crosshairs of the regulatory state.
CRE has completed a study of the contributions of the three disciplines that have traditionally studied the management of the Administrative State:
(3) Political Science.
- A detailed reading of the study suggests that the legal profession focuses on judicial review; the economic profession on benefit-cost analysis and the political science profession on the expost analyses of actions taken within the administrative state but none focuses on the management of the administrative state. By management we mean how disparate information from a number of disciplines is melded into a coherent mechanism which governs the substance of allowable actions to be taken in the daily operation of the administrative state.