Course Home Page for Public/Private Rights In Amer

Spring 2009
Law No.: LAW7816
Sched. No.: 405tm

Public And Private Rights In American Law*
Section 0001
X
Woolhandler, Ann

Administrative Information:

Days, Times (Room):	R, 1600-1800 ()
Credits:	3	Type:	Seminar
Capacity:	16^{This information is current as of}^{09/05/2008 02:00:11 AM}^
Current Enrollment:	6 ^{This information is current as of}^{09/05/2008 02:00:11 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.

PREREQUISITE: Constitutional Law
COURSE REQUIREMENT: A substantial research paper

Prerequisites:

Constitutional Law