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Full-Text Articles in Law

Voting Districts, Tailor-Made, Chester Smolski Sep 1990

Voting Districts, Tailor-Made, Chester Smolski

Smolski Texts

"When a federal district court judge threw out the five voting district boundaries in Johnston this summer, it should have come as no surprise. After all, this marked the third time since the 1980census that boundary districts in Rhode Island have been challenged and changed as a result of improper political decisions made by elected officials."


Authority Of The National And Local Governments Under The Constitution, Yoshiaki Yoshida Jan 1990

Authority Of The National And Local Governments Under The Constitution, Yoshiaki Yoshida

Law and Contemporary Problems

No abstract provided.


Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn Jan 1990

Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn

Touro Law Review

No abstract provided.


Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach Jan 1990

Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach

Touro Law Review

No abstract provided.


Our Localism: Part I – The Structure Of Local Government Law, Richard Briffault Jan 1990

Our Localism: Part I – The Structure Of Local Government Law, Richard Briffault

Faculty Scholarship

Two themes dominate thejurisprudence of American local government law: the descriptive assertion that American localities lack power and the normative call for greater local autonomy. The positive claim of local legal powerlessness dates back to the middle of the nineteenth century and continues to be affirmed by treatises and commentators as a central element of state-local relations. The argument for local selfdetermination has a comparably historic pedigree and broad contemporary support. The scholarly proponents of greater local power – what I will call "localism" – make their case in terms of economic efficiency, education for public life and popular political …


Our Localism: Part Ii – Localism And Legal Theory, Richard Briffault Jan 1990

Our Localism: Part Ii – Localism And Legal Theory, Richard Briffault

Faculty Scholarship

A central theme in the literature of local government law is that local governments are powerless, incapable of initiating programs on behalf of their citizens or of resisting intrusions by the state. How can scholars make this claim when under state legislation and federal and state judicial decisions local autonomy plays a critical role in the law of school finance, land-use regulation and local government formation and preservation? As we have seen, a partial response turns on the varying assessments of the nature of power. But much of the answer also has to do with differing assumptions about the underlying …