“The public/private distinction was ‘slain’ in 1982. That year, at the Symposium of the University of Pennsylvania Law Review, Professor Duncan Kennedy set forth his six Stages of the Decline of the Public/Private Distinction, outlining the sequence by which liberal categorizations descend ‘from robust good health to utter decrepitude’. The article is available here. Professor Kennedy’s famed article concerned the history of legal thought over the course of the twentieth century …” (more)
Samuel Beswick, The Decline of the Fish/Mammal Distinction? 165 University of Pennsylvania Law Review Online 91 (2017).