‘A New Kind of Public/Private Partnership’

Rory Van Loo, The New Gatekeepers: Private Firms As Public Enforcers, 106 Virginia Law Review 467 (2020). The cooperation of public and private actors to achieve public goals is not new. More than 80 years ago, Louis Jaffe lauded the longstanding and substantial involvement of private groups in the regulatory sphere. The scope, range, and legal significance of coordination between the public and private spheres have expanded since then. Modern governance is a complicated web of relationships between public and private actors, command and cooperative structures, and hard law versus soft guidance …” (more)

[Kristin Hickman, JOTWELL, 28 May]

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