Spring 2014
    Law No.: LAW9103
    Sched. No.: 114219200

Public and Private Rights in American Law*
Section 1
Woolhandler, Nettie A.

Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):R, 1600-1800 (SL131)
Capacity:16 **This information is current as of 04/16/2014 06:14:35 AM**
Current Enrollment:5 **This information is current as of 04/16/2014 06:14:35 AM**

Course Description:

This seminar will explore various manifestations of the distinction between public and private rights in American law. During the Lochner era, the courts allowed regulation of industries affected with a public interest, but insulated certain private rights, such as contractual freedom, from regulation. The Progressive and New Deal attack on Lochner sought to discredit the public/private distinction, and was largely successful in increasing the scope of allowable governmental regulation. But in spite of the New Deal-inspired assumption that the public and the private are ultimately indistinguishable, these categories continue to infuse many areas of law and continue to frame debates in these areas. The course will situate the debate about public and private rights historically, and examine various areas where the contest continues, including standing to vindicate public and private rights, punitive damages, legislative retroactivity, state action, and the right to privacy.

NOTE: Students seeking to satisfy the upper-level writing requirement must submit a completed Writing Requirement Intent Form to the Student Records Office no later than February 21, 2014 - retroactive exceptions will not be granted.

Prerequisites:Constitutional Law