Official agencies can regulate private law-making without supplanting it

Evidence

Notice that the War labor Board was not designed to supplant the processes of private law making but only to regulate them and to supplement them when they failed to produce an agreement. In the interests of economic stabilization the Board fixed certain upper limits on wage increases by way of general rule and standard, and specific agreements were required to be submitted to the Board for a case-by-case determination of conformity to these limits. In addition, the Board exercised a function of dispute settlement in the fashion illustrated by the Martin case, below. … Notice, in addition, that the Board itself reflected, in its tri-partite constitution, an effort to achieve under an official aegis some of the advantages of private negotiation and agreement. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4260

Categorization

• recurring: this claim recurs 2 times within its source
• XREF: connects to: Court remedies fail small traders because individual losses cannot justify litigation cost. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1370; Courts refuse to invent meaning where an empowered agency has already regulated. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1701; Government contracts can control private conduct by inducement rather than regulation — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 837 (+7 more)

Broader Connections

• No branch of law remains purely private in modern legal systems #corroborates (0.78) — Lawrence M. Friedman and Grant M. Hayden, American Law, 777
• Private arbitration systems resolve disputes without public accountability. #qualifies (0.78)
• Private adjudication could function without state enforcement powers. #complicates (0.75) — PAUL R. MILGRO, PAUL R. MILGRO - THE ROLE OF…, 10
• Independent agencies operate outside direct executive control #expands (0.72) — Lawrence M. Friedman and Grant M. Hayden, American Law, 577
• Medieval merchants developed private commercial law without state enforcement #contradicts (0.72) — PAUL R. MILGRO, PAUL R. MILGRO - THE ROLE OF…, 8