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REGULATION IN THE SHADOWS OF PRIVATE LAW
DUKE JOURNAL OF COMPARATIVE & INTERNATIONAL LAW
With proponents of deregulation ascendant, both domestically and around the world, private regulation appears to be an attractive solution to a seemingly intractable problem-assuming it is or can be effective. This Article adds an important corrective to standard accounts of private legal regulation and its effectiveness. Existing scholarship generally looks to the formal contract terms as the key to understanding private regulation and to evaluating its impact. This practice needs to befatcat:2ecpwd2e55hczhdvydeyxvmsdq