2016•University of Missouri School of Law Scholarship Repository (University of Missouri)Open access

Private Complements to Public Governance

Emily Bremer

Open full text 1 citations

Abstract

This Article suggests that private governance offers an attractive alternative or complement to the administrative state. It is commonly assumed that without administrative agencies, there would be no regulation. As a foundational matter, this Article challenges the notion that there are only two, mutually exclusive options: governmental regulation or no regulation all. Although it is perfectly natural for public law scholars to focus primarily on regulation through government institutions and programs, much regulation is in fact accomplished via mechanisms outside the administrative state.4 At least in some circumstances, it is not only possible but may even be preferable to use such private governance – alone or in conjunction with public regulation – to achieve public goals.

Open-access reader

About this research paper

What this paper is about

This Article suggests that private governance offers an attractive alternative or complement to the administrative state. It is commonly assumed that without administrative agencies, there would be no regulation. As a foundational matter, this Article challenges the notion that there are only two, mutually exclusive options: governmental regulation or no regulation all. Although it is perfectly natural for public law scholars to focus primarily on regulation through government institutions and programs, much regulation is in fact accomplished via mechanisms outside the administrative state.4 At least in some circumstances, it is not only possible but may even be preferable to use such private governance – alone or in conjunction with public regulation – to achieve public goals.

Why it matters

OpenAlex reports 1 citations for this work. Citation counts describe recorded attention and do not establish research quality.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

This Article suggests that private governance offers an attractive alternative or complement to the administrative state. It is commonly assumed that without administrative agencies, there would be no regulation. As a foundational matter, this Article challenges the notion that there are only two, mutually exclusive options: governmental regulation or no regulation all. Although it is perfectly natural for public law scholars to focus primarily on regulation through government institutions and programs, much regulation is in fact accomplished via mechanisms outside the administrative state.4 At least in some circumstances, it is not only possible but may even be preferable to use such private governance – alone or in conjunction with public regulation – to achieve public goals.

Key concepts: Administrative law, Corporate governance, Legislature, Principal (computer security), State (computer science), Government (linguistics), Constitution, Regulatory state

Related papers

Back to paper searchBrowse research topicsOriginal source
Private Complements to Public Governance — Research Paper | ScholarLens