Also known as: ius publicum · public law
Written by attorneys · grounded in primary & secondary sources — see below
The body of law governing rights and interests that belong to the public or the state. It stands in contrast to private law that regulates relations solely between individuals.
Jacob Jennings met an undercover officer who falsely assured him that a proposed trading scheme had already been cleared by regulators. The officer's inducements led Jacob to execute the trades. Because the conduct originated from a public law enforcement official acting under jus publicum authority, the court examined whether the methods created a substantial risk that a person not ready to offend would commit the crime.
Jorge Juarez's vessel was seized during wartime by a privateer lacking a sovereign commission. The court applied jus publicum principles to determine that only public authority could authorize the capture, so the prize was condemned to the government rather than the private captors.
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Juarez Holdings held Cuban assets expropriated by the Cuban government. When sued in U.S. court, the company invoked jus publicum to argue that the validity of the foreign state's public acts could not be questioned by domestic courts.
Jonathan Jaffe owned Oregon land attached to satisfy a judgment obtained through publication service. The court held that jus publicum limits on in rem jurisdiction prevented the judgment from binding the absent owner without proper notice.
Judy Jacobs sued the State of Louisiana in federal court to recover on state-issued bonds. The court applied jus publicum to hold that the Eleventh Amendment barred the suit because the state had not consented to being sued by its own citizens.
June Jiang's mother directed her to distribute religious literature on public streets. The state prosecuted under child-labor rules enacted pursuant to jus publicum authority to protect minors, and the Court upheld the regulation against a free-exercise claim.
Jus publicum rights arise from state permits and water codes rather than private agreements. Because prior-appropriation priorities are creatures of public law, private covenants cannot convert them into running servitudes that bind subsequent purchasers.
No. Jus publicum fixes the legal character of rights created by public permits and codes. Record notice of a private agreement cannot confer servitude status on interests that state law places outside the servitude framework.
Jus publicum authorizes law-enforcement officials to investigate offenses, yet it also limits the methods they may use. When an official induces conduct through false representations or undue persuasion, the public-law origin of the inducement triggers the entrapment defense.
…States are not truly independent sovereigns, Mr. Justice Field found that their jurisdiction was defined by the "principles of public law" that regulate the relationships among independent nations. The first of those principles was "that every State possesses exclusive jurisdiction and sovereignty over persons and property…