LAW 7696

Reclaiming the Public Private Distinction

Course Description

Course information provided by the Courses of Study 2020-2021.

The distinction between the public and the private is one of the most fundamental distinctions in liberal legal orders. It carries important legal implications. For instance, identifying an entity as "public" (or as "private") affects its rights, powers, duties, and responsibilities. There are things that entities can or cannot do simply because they count as public and, vice versa, there are things that only private entities can or cannot do by virtue of their private character. Yet, the public/private distinction is very poorly understood. As a result, some reject it entirely whereas others mis-characterize it. The overall purpose of the seminar is to gain better understanding of the public/private distinction by exploring relevant legal doctrine and its underlying normative considerations. Special attention will be given to questions of privatization, state action, property, and private discrimination (among other themes).

When Offered Fall.

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