Harry N. Scheiber,
Public Rights and the Rule of Law in American Legal History, 72
Cal. L. Rev.
Available at: http://scholarship.law.berkeley.edu/facpubs/1424
Explores how in U.S. legal history the courts have struggled with rule of law issues. Concept of public rights as an element of nineteenth century legal doctrine; Models of historical change in relation to judicial doctrine; Case study examining a century of California law for purposes of illustrating the interplay of public rights doctrine with other doctrines in U.S. legal history.