Category Archives: Public law
Reflections on Seminar 2: Private Law and the Subject of Human Rights
“The second seminar in our series was held at Warwick University on March 22nd. The seminar focused on strategic deployments of private law and civil litigation in vindicating human rights. Seminar discussions addressed and developed a number of important questions drawn, in particular, from our engagement with examples from current practice in human rights law. The core difficulty […]
Oman and Solomon, ‘The Supreme Court’s Theory of Private Law’
Abstract: In this Article, we revisit the clash between private law and the First Amendment in the Supreme Court’s recent case, Snyder v. Phelps, using a private-law lens. We are scholars who write about private law as individual justice, a perspective that has been lost in recent years but is currently enjoying something of a […]
Dan Priel, ‘The Indirect Influence of Politics on Tort Liability of Public Authorities in English Law’
Abstract: The scope of negligence liability of public authorities in English law has undergone significant changes in the Post-World War II period, first expanding and then, from the mid-1980s, retracting. This article tries to explain why this happened not by focusing, as is common in most commentary on this area of law, on changing doctrinal […]
Symposium: The Boundaries of Public Law
Michel Rosenfeld, “Rethinking the boundaries between public law and private law for the twenty first century: An introduction” Int J Constitutional Law (2013) 11(1): 125-128 doi:10.1093/icon/mos053. “The distinction between public law and private law has been both ever present and unwieldy in civil law as well as in common law jurisdictions. Kelsen found the distinction […]
Michael Wells, ‘From Compensation to Vindication in Constitutional Tort Law’
Abstract: This article examines some basic normative issues in constitutional tort law: What is the point of litigation seeking damages for violation of one’s constitutional rights? Is the primary aim to deter violations by imposing liability on violators? Is it to compensate persons for harm done by constitutional violations? Or is it to vindicate rights […]
Jonathan Marcantel, ‘Abolishing Implied Private Rights of Action’
Abstract: For nearly a century, jurists and scholars have attempted to generate a normatively justifiable, generally applicable mechanism to evaluate implied rights of action. Yet, in each instance, the existence of the Doctrine has been presumed. Thus, in each instance, jurists and scholars have — at least implicitly — presumed that the Doctrine provides some […]
Stephen Munzer, ‘How to Integrate Administrative Law and Tort Law: The Regulation of Stem Cell Products’
Abstract: This article offers a proposal for the regulation of stem cell products by the Food and Drug Administration (“FDA”) that corresponds to a specialized product liability scheme. It shows how product liability and administrative law can be successfully integrated to create a comprehensive legal and regulatory system that will promote the safety and efficiency […]
Jasminka Kalajdzic, ‘Public Goals by Private Means, and Public Actors Protecting Private Interests: A Response to Professor Jones’
Abstract: In his thoughtful paper on the relative advantages and deficiencies of private and public enforcement mechanisms for improving consumer protection, Craig Jones forces us to ask a fundamental question about our choice of legal tools: under what circumstances, if ever, should reliance be placed on public regulatory bodies, and when should the protection of […]