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Suspended Over The Abyss: A City's Quest For Local Autonomy In Institutional Reform Litigation, Michelle S. Simon
Suspended Over The Abyss: A City's Quest For Local Autonomy In Institutional Reform Litigation, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
This Article examines the conflict between preserving local autonomy and remedying constitutional violations in the context of school desegregation. Part I articulates the problem by exploring the role of the city and its part in institutional reform. The first section explains what is meant by local autonomy. The second section examines what constitutes institutional reform. The third section discusses an example of the clash between local autonomy and institutional reform in the context of the ongoing struggle in Kansas City, Missouri. Part II examines how the Supreme Court has viewed the relationship between the remedial powers of district courts and …
The Promise Of State Constitutionalism: Can It Be Fulfilled In Shef V. O'Neill?, Gayl S. Westerman
The Promise Of State Constitutionalism: Can It Be Fulfilled In Shef V. O'Neill?, Gayl S. Westerman
Elisabeth Haub School of Law Faculty Publications
This Article reflects on the anomaly of the superior court's decision in Sheff in light of this recent history and recommends that the Connecticut Supreme Court use an alternative, analytical framework based on the Connecticut Constitution to decide the Sheff appeal. This independent approach is equally available to all state courts seeking to resolve fundamental issues under their own constitutions. Only by speaking in a clear, state voice can state courts balance the constitutional vision of the federal courts and fulfill the promise of the state constitutional law movement.