Finally, in addition to its role as an important governance regime of world society, transnational private law provides a model for understanding the interaction among state and nonstate normative systems more generally in a world of global legal pluralism.
Transnational private law as transnational governance highlights that some degree of contestation and conflict is the legitimate function of law as a place for disputation.
More careful attention to the role of private law, particularly in connection with private international law, offers a corrective to these accounts and may signal a way forward in understanding the coexistence of, and complex normative relationship among, the multiple state and nonstate orders of global legal pluralism.
Systems theory seems ideal for better understanding the normative functions of transnational private law because it focuses on the plural nature of normative orders in contemporary society and because it views social systems as centrally about communications.
To understand why the Supreme Court currently holds this view of private law as a form of state regulation, it is necessary to look beyond the development of First Amendment doctrine.
In Part II, we briefly trace the doctrine navigating the tension between the First Amendment and tort law, showing how the Court's decisions have led to the view of private law as government regulation displayed in Snyder.
Modern thinking about private law began on January 8, 1897.
Holmes's lecture came at a moment of tremendous creativity in private law.
administrative and private law created our constitutional law.
constitution or in a basic law--apply directly in private law, and
permeate private law "in and of themselves," but rather by
means of private law doctrines (either through existing doctrines or