Deregulation and Private Enforcement

24 Lewis & Clark L. Rev. 685 (2020)

Vanderbilt Law Research Paper No. 20-33

12 Pages Posted: 19 Jun 2020

Date Written: June 9, 2020


Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, and if so, who exactly should do that policing? In this Essay, based on my new book, The Conservative Case for Class Actions, I take a deep dive into conservative principles to try to answer these questions. I conclude that almost all conservatives believe the marketplace needs at least some legal constraints, and I argue that ex post, private enforcement is superior to the alternatives. Not only is private enforcement the right answer as a matter of theory, but I believe that conservatives need private enforcement as a practical matter if they wish to make progress on their agenda to roll back the administrative state.

Keywords: class actions, conservative, private enforcement, regulation, administrative law, libertarian

Suggested Citation

Fitzpatrick, Brian T., Deregulation and Private Enforcement (June 9, 2020). 24 Lewis & Clark L. Rev. 685 (2020), Vanderbilt Law Research Paper No. 20-33, Available at SSRN:

Brian T. Fitzpatrick (Contact Author)

Vanderbilt Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615-322-4032 (Phone)

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