Private Enforcement and the Rule of Law

Private enforcement refers to the ability of individuals and organizations to bring lawsuits to enforce legal rights and obligations, rather than depending solely on government agencies. In the United States, private enforcement is a cornerstone of the legal system across a wide range of areas, including civil rights, consumer protection, environmental law, and antitrust regulation. Private enforcement has key benefits to the rule of law, including ensuring accountability, expanding access to justice, and promoting the consistent application of the law. It also has drawbacks, including undermining finality of governmental decisions, reducing the efficiency and effectiveness of government, and distorting the application of justice.

The Neukom Center is a leading contributor to the debate around the use of private enforcement, exploring how private litigation shapes legal enforcement and the rule of law. Papers such as Private Enforcement at the Founding and Article II, published in the California Law Review in 2026 challenge traditional debates around the legitimacy of private enforcement in the American context.  In 2026, Neukom Center Faculty Director will publish a book, How Americans Enforce the Law, taking a deep look into the role of private enforcement throughout American legal history, assessing the benefits and drawbacks, and considering alternative approaches. The Neukom Center’s Winter 2026 Policy Lab, Building American Abundance: Reforming Infrastructure and Housing Permitting, brings this academic research into the world of policy. Students in the lab studied how different approaches to government decision making might advance the ability of government to accomplish the public good, including increasing the ability of government to build needed infrastructure projects and grow the housing stock. Specifically, the students assessed examples of policy making that do not allow for ex post litigation challenging the final decision.