Emily Sherwin, ‘What Happened to Private Law in the US’

Scholars associated with New Private Law have made persuasive arguments for the practical benefits of private law and have offered a surprisingly wide range of modern theoretical justifications for the continued role of private law. What is missing is the mechanism by which a thriving body of private legal doctrine can be sustained in a post-Realist legal environment such as the US, where determinate rules of common law, enforced through private litigation, no longer play a central role in the legal system.

Sherwin, Emily L, What Happened to Private Law in the US (May 9, 2024), Cornell Legal Studies Research Paper Forthcoming.

Leave a Reply