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Full-Text Articles in Law

Gang Loitering, The Court, And Some Realism About Police Patrol, Debra A. Livingston Jan 2000

Gang Loitering, The Court, And Some Realism About Police Patrol, Debra A. Livingston

Faculty Scholarship

When the Supreme Court voted to review the decision of the Illinois Supreme Court holding Chicago's "gang loitering" ordinance invalid on federal constitutional grounds, it seemed plausible that City of Chicago v Morales would be the occasion for a major statement from the Court on a set of complex issues – issues including not only the nature of the police officer's authority to maintain order in public places, but also the relative roles of politics and judicial decision making in delineating both the limits on this authority and the latitude left to police to employ discretion in its exercise. After …


Three Issues For The City In The 21st Century, Richard Briffault Jan 2000

Three Issues For The City In The 21st Century, Richard Briffault

Faculty Scholarship

The title for this year’s program of the Section on Urban, State and Local Government Law of the Association of American Law Schools is The City in the 21st Century. These three articles provide a stimulating introduction to three issues that are likely to be central to the study of the city in the twenty-first century-as they were in the twentieth century and in the nineteenth century: the interplay of local and regional forces in land development, the battles among interest groups to control city hall, and the role of local government in promoting local economic development. These issues are …


Localism And Regionalism, Richard Briffault Jan 2000

Localism And Regionalism, Richard Briffault

Faculty Scholarship

Localism and regionalism are normally seen as contrasting, indeed conflicting, conceptions of metropolitan area governance. Localism in this context refers to the view that the existing system of a large number of relatively small governments wielding power over such critical matters as local land use regulation, local taxation, and the financing of local public services ought to be preserved. The meaning of regionalism is less clearly defined and proposals for regional governance vary widely, but most advocates of regionalism would shift some authority from local governments, restrict local autonomy, or, at the very least, constrain the ability of local governments …