SMNR: Public/Private Distinction: Doctrinal and Theoretical Foundations

• Semester: Spring 2026
• Course ID: 397S
• Credit Hours: 3
• Unique: 30220

Description

Taught by Avihay Dorfman.

The distinction between the public and the private is one of the most fundamental concepts in liberal legal orders, carrying significant legal implications. For example, whether an entity is classified as “public” (or, conversely, as “private”) impacts its rights, powers, duties, and responsibilities. Entities may be permitted or restricted from certain actions simply based on their classification as public or private. Moreover, there are actions that only private entities can undertake or refrain from, due to their private nature. Yet, the public/private distinction is often poorly understood. As a result, some reject it altogether, while others mischaracterize it. The overall purpose of this seminar is to develop a deeper understanding of the public/private distinction by examining relevant legal doctrines and their underlying normative considerations. We will focus on key areas of public and private law, while also analyzing pressing questions such as the role of AI in making binding decisions, the regulation of social media in a democracy, the legitimacy of punitive damages in tort law, and anti-privatization doctrines in property and contract law.