Public Rights and Article III: Judicial Oversight of Agency Action

2021 ◽  
Author(s):  
James E. Pfander ◽  
Andrew Borrasso
Keyword(s):  
Public Rights ◽  
Agency Action

Private and Public Law

2020 ◽  
pp. 574-592
Author(s):  
Thomas W. Merrill
Keyword(s):  
Law And Economics ◽  
Public Law ◽  
Private Law ◽  
General Criterion ◽  
The Public ◽  
Private Ordering ◽  
Public Rights ◽  
Private And Public ◽  
The Relationship ◽  
Derivatives Of

This chapter explores the relationship between private and public law. In civil law countries, the public-private distinction serves as an organizing principle of the entire legal system. In common law jurisdictions, the distinction is at best an implicit design principle and is used primarily as an informal device for categorizing different fields of law. Even if not explicitly recognized as an organizing principle, however, it is plausible that private and public law perform distinct functions. Private law supplies the tools that make private ordering possible—the discretionary decisions that individuals make in structuring their lives. Public law is concerned with providing public goods—broadly defined—that cannot be adequately supplied by private ordering. In the twentieth and twenty-first centuries, various schools of thought derived from utilitarianism have assimilated both private and public rights to the same general criterion of aggregate welfare analysis. This has left judges with no clear conception of the distinction between private and public law. Another problematic feature of modern legal thought is a curious inversion in which scholars who focus on fields of private law have turned increasingly to law and economics, one of the derivatives of utilitarianism, whereas scholars who concern themselves with public law are increasingly drawn to new versions of natural rights thinking, in the form of universal human rights.

Public Rights and Private Schools

1988 ◽  
Vol 13 (3) ◽  
pp. 445
Author(s):  
D. W. Livingstone
Keyword(s):  
Private Schools ◽  
Public Rights

scholarly journals Negotiation and Informal Agency Action: The Case of Superfund

1985 ◽  
Vol 1985 (2) ◽  
pp. 261 ◽  
Author(s):  
Frederick R. Anderson
Keyword(s):  
Agency Action

Prosecution in Yemen: The Introduction of the Niyāba

1983 ◽  
Vol 15 (4) ◽  
pp. 507-518 ◽  
Author(s):  
Brinkley Messick
Keyword(s):  
Family Law ◽  
Criminal Cases ◽  
European Institution ◽  
Public Rights ◽  
Yemen Arab Republic ◽  
French Model

By resolution of the ruling Command Council on 19 March 1977, a new judicial organization known as the niyāba (formal name: al-niyāba al-'āmma) was introduced in the Yemen Arab Republic. Derived ultimately from a French model, the new institution has been provided with wide statutory powers, many of which are new to Yemen. Essentially, the niyāba is an agency of investigation and prosecution, with jurisdiction in criminal cases and other areas of “public” rights, It has responsibilities also in family law, especially in cases involving the dissolution of marriage and the protection of minors. In addition, the niyāba has authority over the “officials of judicial enforcement,” and it is charged with the oversight of jails. Although the niyāba's institutional ancestry is traceable to the French ministère public (or parquet), the transfer of the European institution to Yemeni soil was not direct, since Yemeni legislators modelled their niyāba on an Egyptian legal organ of the same name. The Egyptian niyāba was instituted in 1876 as a copy of the ministère public, but evolved considerably since its introduction there (Hill, 1979). The arrival of the niyāba in Yemen thus was mediated by an interval of one hundred years of development outside of France.

Public Rights to Use Surface Waters

2008 ◽  
pp. 13-20
Keyword(s):  
Surface Waters ◽  
Public Rights

Health made public: rights, responsibilities, and shared concerns

2012 ◽  
pp. 235-264
Author(s):  
John Coggon
Keyword(s):  
Public Rights

scholarly journals ADMINISTRATIVE AND LEGAL MECHANISM FOR PROTECTION OF SUBJECTIVE PUBLIC RIGHTS

Law Bulletin ◽  
2020 ◽  
pp. 160
Author(s):  
A. V. Chub
Keyword(s):  
Public Rights ◽  
Legal Mechanism

Jean Thomas: Public Rights, Private Wrongs

Res Publica ◽  
2016 ◽  
Vol 22 (4) ◽  
pp. 481-485
Author(s):  
Brian Kin Ting Ho
Keyword(s):  
Public Rights ◽  
Private Wrongs
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