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Full-Text Articles in Land Use Law
The Privatization Of Law & The Weakening Of Private Right, Jeffrey Kleeger
The Privatization Of Law & The Weakening Of Private Right, Jeffrey Kleeger
University of Baltimore Journal of Land and Development
Law promises much but does not always deliver. It promises due process, equal protection, equity, and personal autonomy—but many individuals leave litigation uncured. The trend in recent years has been increasing privatization of law coupled with diminution of private right. This paper explores ways to secure private rights despite privatization of law by enhancing the rigor of judicial review of state action. Law is one of several social systems operating in an environment of limited resources. Access to oil and gas is, today, more controversial, difficult, and expensive than ever before because of increased environmental regulations created under the Obama …