Yotam Kaplan, Adi Libson, and Gideon Parchomovsky, ‘The Renaissance of Private Law’, 19 Northwestern University Law Review 1427 (2025). Recent events offer a grim picture of the future of public law. In particular, President Trump’s assault on the administrative state seems destined to hamper the ability of agencies to protect the public in familiar areas such as drug safety, auto safety, environmental protection, and consumer protection. It is for this reason that a recent paper by Yotam Kaplan, Adi Libson, and Gideon Parchomovsky, entitled ‘The Renaissance of Private Law’, is especially timely. Their thesis is that private law can partially substitute for some of the functions performed by public law, namely the regulation, supervision, and sanctioning of private actors – especially large corporations which typically escape control by the state, and, even when they do not, ignore civil fines and penalties … (more)
[Anthony Sebok, JOTWELL, 24 April 2025]
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