Abstract

http://ssrn.com/abstract=1266364
 
 

Citations (1)



 
 

Footnotes (62)



 


 



Private Law and Public Regulation in U.S. Courts


Ronald A. Brand


University of Pittsburgh - School of Law

September, 10 2008

U. of Pittsburgh Legal Studies Research Paper
CILE STUDIES, PRIVATE LAW, PRIVATE INTERNATIONAL LAW, AND JUDICIAL COOPERATION IN THE EU-US RELATIONSHIP, Vol. 2, pp. 115-135, 2005

Abstract:     
The distinction between public law and private law does not carry the same significance in the U.S. legal system as is the case in other countries. This is in part a result of historical developments that provide a public law role for private litigation. Private litigation is used in the United States in ways not common or even possible in other countries. Paul Carrington has written that the private law/public law distinction "is in America seldom noticed," in part because "American judicial institutions ... were not designed merely to resolve civil disputes, but were fashioned for the additional purpose of facilitating private enforcement of what in other nations would generally be denoted as public law." This characteristic of the U.S. judicial system has particular importance for the development of specific aspects of U.S. law, and provides context for consideration of cooperation with other nations in the areas of private law, private international law, and judicial cooperation. In this paper I explore a bit of the history behind these aspects of U.S. law, as well as the resulting unique legal characteristics that history has produced.

Number of Pages in PDF File: 21

Keywords: impact litigation; private international law; U.S. law; American law

Accepted Paper Series


Download This Paper

Date posted: September 29, 2008  

Suggested Citation

Brand, Ronald A., Private Law and Public Regulation in U.S. Courts (September, 10 2008). U. of Pittsburgh Legal Studies Research Paper ; CILE STUDIES, PRIVATE LAW, PRIVATE INTERNATIONAL LAW, AND JUDICIAL COOPERATION IN THE EU-US RELATIONSHIP, Vol. 2, pp. 115-135, 2005. Available at SSRN: http://ssrn.com/abstract=1266364

Contact Information

Ronald A. Brand (Contact Author)
University of Pittsburgh - School of Law ( email )
3900 Forbes Ave.
Pittsburgh, PA 15260
United States

Feedback to SSRN


Paper statistics
Abstract Views: 751
Downloads: 86
Download Rank: 167,387
Citations:  1
Footnotes:  62

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.344 seconds