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Getting Power Back: Court Restoration Of Executive Authority In Boston City Government, Marcy M. Murninghan

New England Journal of Public Policy

This article chronicles some of the events that occurred when a state and a federal court attempted to disengage from active jurisdiction over two Boston public systems: the public schools and the Boston Housing Authority (BHA). It makes three proposals which, if enacted, would help to keep the courts out of day-to-day management of municipal operations. It also makes some generalizations about the court-agency interplay which are relevant to the postremedial phase of institutional reform litigation. The author uses the term restorative law to describe this court-controlled process of returning power to the executive branch.