City Services

New York University Law Review

Volumn 73, Issue 1, 1998, Pages 23-96

  Frug, Gerald E ^a  

^a HARVARD LAW SCHOOL   (United States)

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EID: 0032364812     PISSN: 00287881     EISSN: None     Source Type: Journal    
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References (503)

1. On Hawaii, see 1-1 Census Bureau, U.S. Dep't of Commerce, 1992 Census of Governments: Government Organization 27 (1994); on sanitation, see Evelina R. Moulder, Public Works: Service Delivery Choices 2 (1994); on fire, see Eric H. Monkkonen, America Becomes Urban: The Development of U.S. Cities & Towns, 1780-1980, at 105-08 (1988) [hereinafter Monkkonen, America Becomes Urban].
2. On Hawaii, see 1-1 Census Bureau, U.S. Dep't of Commerce, 1992 Census of Governments: Government Organization 27 (1994); on sanitation, see Evelina R. Moulder, Public Works: Service Delivery Choices 2 (1994); on fire, see Eric H. Monkkonen, America Becomes Urban: The Development of U.S. Cities & Towns, 1780-1980, at 105-08 (1988) [hereinafter Monkkonen, America Becomes Urban].
3. On Hawaii, see 1-1 Census Bureau, U.S. Dep't of Commerce, 1992 Census of Governments: Government Organization 27 (1994); on sanitation, see Evelina R. Moulder, Public Works: Service Delivery Choices 2 (1994); on fire, see Eric H. Monkkonen, America Becomes Urban: The Development of U.S. Cities & Towns, 1780-1980, at 105-08 (1988) [hereinafter Monkkonen, America Becomes Urban].
4. On London's police and the early history of American police, see Les Johnston, The Rebirth of Private Policing 3-23 (1992); Monkkonen, America Becomes Urban, supra note 1, at 98-102; Eric Monkkonen, Police in Urban America 1860-1920, at 30-49 (1981) [hereinafter Monkkonen, Police in Urban America]; on the growth of private policing, see David H. Bayley, Police for the Future 10-11 (1994); on the extent of private policing in America, see Privatizing the United States Justice System: Police, Adjudication, and Corrections Services from the Private Sector (Gary W. Bowman et al. eds., 1992); Clifford D. Shearing, The Relation between Public and Private Policing, in 15 Modern Policing 399 (Michael Tonry & Norval Morris eds., 1992); see also Johnston, supra; Nigel South, Policing for Profit 16-34 (1988) (describing privatization in Britain).
5. On London's police and the early history of American police, see Les Johnston, The Rebirth of Private Policing 3-23 (1992); Monkkonen, America Becomes Urban, supra note 1, at 98-102; Eric Monkkonen, Police in Urban America 1860-1920, at 30-49 (1981) [hereinafter Monkkonen, Police in Urban America]; on the growth of private policing, see David H. Bayley, Police for the Future 10-11 (1994); on the extent of private policing in America, see Privatizing the United States Justice System: Police, Adjudication, and Corrections Services from the Private Sector (Gary W. Bowman et al. eds., 1992); Clifford D. Shearing, The Relation between Public and Private Policing, in 15 Modern Policing 399 (Michael Tonry & Norval Morris eds., 1992); see also Johnston, supra; Nigel South, Policing for Profit 16-34 (1988) (describing privatization in Britain).
6. On London's police and the early history of American police, see Les Johnston, The Rebirth of Private Policing 3-23 (1992); Monkkonen, America Becomes Urban, supra note 1, at 98-102; Eric Monkkonen, Police in Urban America 1860-1920, at 30-49 (1981) [hereinafter Monkkonen, Police in Urban America]; on the growth of private policing, see David H. Bayley, Police for the Future 10-11 (1994); on the extent of private policing in America, see Privatizing the United States Justice System: Police, Adjudication, and Corrections Services from the Private Sector (Gary W. Bowman et al. eds., 1992); Clifford D. Shearing, The Relation between Public and Private Policing, in 15 Modern Policing 399 (Michael Tonry & Norval Morris eds., 1992); see also Johnston, supra; Nigel South, Policing for Profit 16-34 (1988) (describing privatization in Britain).
7. On London's police and the early history of American police, see Les Johnston, The Rebirth of Private Policing 3-23 (1992); Monkkonen, America Becomes Urban, supra note 1, at 98-102; Eric Monkkonen, Police in Urban America 1860-1920, at 30-49 (1981) [hereinafter Monkkonen, Police in Urban America]; on the growth of private policing, see David H. Bayley, Police for the Future 10-11 (1994); on the extent of private policing in America, see Privatizing the United States Justice System: Police, Adjudication, and Corrections Services from the Private Sector (Gary W. Bowman et al. eds., 1992); Clifford D. Shearing, The Relation between Public and Private Policing, in 15 Modern Policing 399 (Michael Tonry & Norval Morris eds., 1992); see also Johnston, supra; Nigel South, Policing for Profit 16-34 (1988) (describing privatization in Britain).
8. On London's police and the early history of American police, see Les Johnston, The Rebirth of Private Policing 3-23 (1992); Monkkonen, America Becomes Urban, supra note 1, at 98-102; Eric Monkkonen, Police in Urban America 1860-1920, at 30-49 (1981) [hereinafter Monkkonen, Police in Urban America]; on the growth of private policing, see David H. Bayley, Police for the Future 10-11 (1994); on the extent of private policing in America, see Privatizing the United States Justice System: Police, Adjudication, and Corrections Services from the Private Sector (Gary W. Bowman et al. eds., 1992); Clifford D. Shearing, The Relation between Public and Private Policing, in 15 Modern Policing 399 (Michael Tonry & Norval Morris eds., 1992); see also Johnston, supra; Nigel South, Policing for Profit 16-34 (1988) (describing privatization in Britain).
9. On London's police and the early history of American police, see Les Johnston, The Rebirth of Private Policing 3-23 (1992); Monkkonen, America Becomes Urban, supra note 1, at 98-102; Eric Monkkonen, Police in Urban America 1860-1920, at 30-49 (1981) [hereinafter Monkkonen, Police in Urban America]; on the growth of private policing, see David H. Bayley, Police for the Future 10-11 (1994); on the extent of private policing in America, see Privatizing the United States Justice System: Police, Adjudication, and Corrections Services from the Private Sector (Gary W. Bowman et al. eds., 1992); Clifford D. Shearing, The Relation between Public and Private Policing, in 15 Modern Policing 399 (Michael Tonry & Norval Morris eds., 1992); see also Johnston, supra; Nigel South, Policing for Profit 16-34 (1988) (describing privatization in Britain).
10. On London's police and the early history of American police, see Les Johnston, The Rebirth of Private Policing 3-23 (1992); Monkkonen, America Becomes Urban, supra note 1, at 98-102; Eric Monkkonen, Police in Urban America 1860-1920, at 30-49 (1981) [hereinafter Monkkonen, Police in Urban America]; on the growth of private policing, see David H. Bayley, Police for the Future 10-11 (1994); on the extent of private policing in America, see Privatizing the United States Justice System: Police, Adjudication, and Corrections Services from the Private Sector (Gary W. Bowman et al. eds., 1992); Clifford D. Shearing, The Relation between Public and Private Policing, in 15 Modern Policing 399 (Michael Tonry & Norval Morris eds., 1992); see also Johnston, supra; Nigel South, Policing for Profit 16-34 (1988) (describing privatization in Britain).
11. On London's police and the early history of American police, see Les Johnston, The Rebirth of Private Policing 3-23 (1992); Monkkonen, America Becomes Urban, supra note 1, at 98-102; Eric Monkkonen, Police in Urban America 1860-1920, at 30-49 (1981) [hereinafter Monkkonen, Police in Urban America]; on the growth of private policing, see David H. Bayley, Police for the Future 10-11 (1994); on the extent of private policing in America, see Privatizing the United States Justice System: Police, Adjudication, and Corrections Services from the Private Sector (Gary W. Bowman et al. eds., 1992); Clifford D. Shearing, The Relation between Public and Private Policing, in 15 Modern Policing 399 (Michael Tonry & Norval Morris eds., 1992); see also Johnston, supra; Nigel South, Policing for Profit 16-34 (1988) (describing privatization in Britain).
12. See, e.g., Clayton P. Gillette, Local Government Law: Cases and Materials 376 (1994) ("The primary function of localities is to provide local public goods."); Vincent Ostrom et al., The Organization of Government in Metropolitan Areas: A Theoretical Inquiry, 55 Am. Pol. Sci. Rev. 831, 832 (1961) ("We view the 'business' of governments in metropolitan areas as providing 'public goods and services.'"). There are, to be sure, exceptions to this approach. See, e.g., Bryan D. Jones, Service Delivery in the City: Citizen Demand and Bureaucratic Rules 6 (1980) ("Urban public service delivery ought to focus on the connections between the decision-making mechanisms in the organization and the citizens who are the actual and potential recipients of the services provided."); Roland J. Liebert, Disintegration and Political Action: The Changing Functions of City Governments in America 67 (1976) (exploring how variability in scope of major governmental functions affects "the roles that individual municipal governments play as integrative loci for political action").
13. See, e.g., Clayton P. Gillette, Local Government Law: Cases and Materials 376 (1994) ("The primary function of localities is to provide local public goods."); Vincent Ostrom et al., The Organization of Government in Metropolitan Areas: A Theoretical Inquiry, 55 Am. Pol. Sci. Rev. 831, 832 (1961) ("We view the 'business' of governments in metropolitan areas as providing 'public goods and services.'"). There are, to be sure, exceptions to this approach. See, e.g., Bryan D. Jones, Service Delivery in the City: Citizen Demand and Bureaucratic Rules 6 (1980) ("Urban public service delivery ought to focus on the connections between the decision-making mechanisms in the organization and the citizens who are the actual and potential recipients of the services provided."); Roland J. Liebert, Disintegration and Political Action: The Changing Functions of City Governments in America 67 (1976) (exploring how variability in scope of major governmental functions affects "the roles that individual municipal governments play as integrative loci for political action").
14. See, e.g., Clayton P. Gillette, Local Government Law: Cases and Materials 376 (1994) ("The primary function of localities is to provide local public goods."); Vincent Ostrom et al., The Organization of Government in Metropolitan Areas: A Theoretical Inquiry, 55 Am. Pol. Sci. Rev. 831, 832 (1961) ("We view the 'business' of governments in metropolitan areas as providing 'public goods and services.'"). There are, to be sure, exceptions to this approach. See, e.g., Bryan D. Jones, Service Delivery in the City: Citizen Demand and Bureaucratic Rules 6 (1980) ("Urban public service delivery ought to focus on the connections between the decision-making mechanisms in the organization and the citizens who are the actual and potential recipients of the services provided."); Roland J. Liebert, Disintegration and Political Action: The Changing Functions of City Governments in America 67 (1976) (exploring how variability in scope of major governmental functions affects "the roles that individual municipal governments play as integrative loci for political action").
15. See, e.g., Clayton P. Gillette, Local Government Law: Cases and Materials 376 (1994) ("The primary function of localities is to provide local public goods."); Vincent Ostrom et al., The Organization of Government in Metropolitan Areas: A Theoretical Inquiry, 55 Am. Pol. Sci. Rev. 831, 832 (1961) ("We view the 'business' of governments in metropolitan areas as providing 'public goods and services.'"). There are, to be sure, exceptions to this approach. See, e.g., Bryan D. Jones, Service Delivery in the City: Citizen Demand and Bureaucratic Rules 6 (1980) ("Urban public service delivery ought to focus on the connections between the decision-making mechanisms in the organization and the citizens who are the actual and potential recipients of the services provided."); Roland J. Liebert, Disintegration and Political Action: The Changing Functions of City Governments in America 67 (1976) (exploring how variability in scope of major governmental functions affects "the roles that individual municipal governments play as integrative loci for political action").
16. See Richard A. Musgrave & Peggy B. Musgrave, Public Finance in Theory and Practice 43-44 (5th ed. 1989); Paul A. Samuelson, The Pure Theory of Public Expenditures, 36 Rev. Econ. & Stat. 387, 387 (1954) (describing these as "collective consumption goods").
17. See Richard A. Musgrave & Peggy B. Musgrave, Public Finance in Theory and Practice 43-44 (5th ed. 1989); Paul A. Samuelson, The Pure Theory of Public Expenditures, 36 Rev. Econ. & Stat. 387, 387 (1954) (describing these as "collective consumption goods").
18. See Joseph E. Stiglitz, Economics of the Public Sector 102 (1986); Robert Inman, Markets, Governments, and the "New" Political Economy, in 2 Handbook of Public Economics 653 (Alan Auerbach & Martin Feldstein eds., 1987).
19. See Joseph E. Stiglitz, Economics of the Public Sector 102 (1986); Robert Inman, Markets, Governments, and the "New" Political Economy, in 2 Handbook of Public Economics 653 (Alan Auerbach & Martin Feldstein eds., 1987).
20. See, e.g., James M. Buchanan, The Demand and Supply of Public Goods 49-74 (1968); Musgrave & Musgrave, supra note 4, at 49-85; William Oakland, Theory of Public Goods, in 2 Handbook of Public Economics, supra note 5, at 485-535. Often, those who write about public goods, rather than requiring that public goods be nonrival or nonexcludable, simply assume that whatever services are delivered by cities are public goods. See, e.g., William W. Bratton & Joseph A. McCahery, The New Economics of Jurisdictional Competition: Devolutionary Federalism in a Second-Best World, 86 Geo. L.J. (forthcoming 1998) (manuscript at 5 n.13, on file with the New York University Law Review) ("The term 'public goods' includes (a) goods conventionally supplied by local government in addition to pure public goods, and (b) public services.").
21. See, e.g., James M. Buchanan, The Demand and Supply of Public Goods 49-74 (1968); Musgrave & Musgrave, supra note 4, at 49-85; William Oakland, Theory of Public Goods, in 2 Handbook of Public Economics, supra note 5, at 485-535. Often, those who write about public goods, rather than requiring that public goods be nonrival or nonexcludable, simply assume that whatever services are delivered by cities are public goods. See, e.g., William W. Bratton & Joseph A. McCahery, The New Economics of Jurisdictional Competition: Devolutionary Federalism in a Second-Best World, 86 Geo. L.J. (forthcoming 1998) (manuscript at 5 n.13, on file with the New York University Law Review) ("The term 'public goods' includes (a) goods conventionally supplied by local government in addition to pure public goods, and (b) public services.").
22. See, e.g., James M. Buchanan, The Demand and Supply of Public Goods 49-74 (1968); Musgrave & Musgrave, supra note 4, at 49-85; William Oakland, Theory of Public Goods, in 2 Handbook of Public Economics, supra note 5, at 485-535. Often, those who write about public goods, rather than requiring that public goods be nonrival or nonexcludable, simply assume that whatever services are delivered by cities are public goods. See, e.g., William W. Bratton & Joseph A. McCahery, The New Economics of Jurisdictional Competition: Devolutionary Federalism in a Second-Best World, 86 Geo. L.J. (forthcoming 1998) (manuscript at 5 n.13, on file with the New York University Law Review) ("The term 'public goods' includes (a) goods conventionally supplied by local government in addition to pure public goods, and (b) public services.").
23. See, e.g., James M. Buchanan, The Demand and Supply of Public Goods 49-74 (1968); Musgrave & Musgrave, supra note 4, at 49-85; William Oakland, Theory of Public Goods, in 2 Handbook of Public Economics, supra note 5, at 485-535. Often, those who write about public goods, rather than requiring that public goods be nonrival or nonexcludable, simply assume that whatever services are delivered by cities are public goods. See, e.g., William W. Bratton & Joseph A. McCahery, The New Economics of Jurisdictional Competition: Devolutionary Federalism in a Second-Best World, 86 Geo. L.J. (forthcoming 1998) (manuscript at 5 n.13, on file with the New York University Law Review) ("The term 'public goods' includes (a) goods conventionally supplied by local government in addition to pure public goods, and (b) public services.").
24. See Charles M. Tiebout, A Pure Theory of Local Expenditures, 64 J. Pol. Econ. 416 (1956).
25. Wallace E. Oates, On Local Finance and the Tiebout Model, 71 Am. Econ. Rev. Papers & Proc. 93, 93 (1981). The difficulties generated by Tiebout's assumptions are a familiar topic in the literature. See Bratton & McCahery, supra note 6, at 21 n.72 (collecting authorities); Lyke Thompson, Citizen Attitudes About Service Delivery Models, 19 J. Urb. Aff. 291 (1997) (documenting widespread misinformation among citizens regarding who actually delivers city services).
26. Wallace E. Oates, On Local Finance and the Tiebout Model, 71 Am. Econ. Rev. Papers & Proc. 93, 93 (1981). The difficulties generated by Tiebout's assumptions are a familiar topic in the literature. See Bratton & McCahery, supra note 6, at 21 n.72 (collecting authorities); Lyke Thompson, Citizen Attitudes About Service Delivery Models, 19 J. Urb. Aff. 291 (1997) (documenting widespread misinformation among citizens regarding who actually delivers city services).
27. Wallace E. Oates, On Local Finance and the Tiebout Model, 71 Am. Econ. Rev. Papers & Proc. 93, 93 (1981). The difficulties generated by Tiebout's assumptions are a familiar topic in the literature. See Bratton & McCahery, supra note 6, at 21 n.72 (collecting authorities); Lyke Thompson, Citizen Attitudes About Service Delivery Models, 19 J. Urb. Aff. 291 (1997) (documenting widespread misinformation among citizens regarding who actually delivers city services).
28. The literature is immense. See, e.g., Robert L. Bish, The Public Economy of Metropolitan Areas (1971); Wallace E. Oates, Fiscal Federalism (1972); Daniel Rubinfeld, The Economics of the Local Public Sector, in 2 Handbook of Public Economics, supra note 5, at 571; Local Provision of Public Services: The Tiebout Model after Twenty-Five Years (George Zodrow ed., 1983). For critiques of the Tiebout model, see generally Gary J. Miller, Cities by Contract: The Politics of Municipal Incorporation (1981); Bratton & McCahery, supra note 6, at 25; Richard Briffault, Our Localism: Localism and Legal Theory, 90 Colum. L. Rev. 346, 415-35 (1990).
29. The literature is immense. See, e.g., Robert L. Bish, The Public Economy of Metropolitan Areas (1971); Wallace E. Oates, Fiscal Federalism (1972); Daniel Rubinfeld, The Economics of the Local Public Sector, in 2 Handbook of Public Economics, supra note 5, at 571; Local Provision of Public Services: The Tiebout Model after Twenty-Five Years (George Zodrow ed., 1983). For critiques of the Tiebout model, see generally Gary J. Miller, Cities by Contract: The Politics of Municipal Incorporation (1981); Bratton & McCahery, supra note 6, at 25; Richard Briffault, Our Localism: Localism and Legal Theory, 90 Colum. L. Rev. 346, 415-35 (1990).
30. The literature is immense. See, e.g., Robert L. Bish, The Public Economy of Metropolitan Areas (1971); Wallace E. Oates, Fiscal Federalism (1972); Daniel Rubinfeld, The Economics of the Local Public Sector, in 2 Handbook of Public Economics, supra note 5, at 571; Local Provision of Public Services: The Tiebout Model after Twenty-Five Years (George Zodrow ed., 1983). For critiques of the Tiebout model, see generally Gary J. Miller, Cities by Contract: The Politics of Municipal Incorporation (1981); Bratton & McCahery, supra note 6, at 25; Richard Briffault, Our Localism: Localism and Legal Theory, 90 Colum. L. Rev. 346, 415-35 (1990).
31. The literature is immense. See, e.g., Robert L. Bish, The Public Economy of Metropolitan Areas (1971); Wallace E. Oates, Fiscal Federalism (1972); Daniel Rubinfeld, The Economics of the Local Public Sector, in 2 Handbook of Public Economics, supra note 5, at 571; Local Provision of Public Services: The Tiebout Model after Twenty-Five Years (George Zodrow ed., 1983). For critiques of the Tiebout model, see generally Gary J. Miller, Cities by Contract: The Politics of Municipal Incorporation (1981); Bratton & McCahery, supra note 6, at 25; Richard Briffault, Our Localism: Localism and Legal Theory, 90 Colum. L. Rev. 346, 415-35 (1990).
32. The literature is immense. See, e.g., Robert L. Bish, The Public Economy of Metropolitan Areas (1971); Wallace E. Oates, Fiscal Federalism (1972); Daniel Rubinfeld, The Economics of the Local Public Sector, in 2 Handbook of Public Economics, supra note 5, at 571; Local Provision of Public Services: The Tiebout Model after Twenty-Five Years (George Zodrow ed., 1983). For critiques of the Tiebout model, see generally Gary J. Miller, Cities by Contract: The Politics of Municipal Incorporation (1981); Bratton & McCahery, supra note 6, at 25; Richard Briffault, Our Localism: Localism and Legal Theory, 90 Colum. L. Rev. 346, 415-35 (1990).
33. The literature is immense. See, e.g., Robert L. Bish, The Public Economy of Metropolitan Areas (1971); Wallace E. Oates, Fiscal Federalism (1972); Daniel Rubinfeld, The Economics of the Local Public Sector, in 2 Handbook of Public Economics, supra note 5, at 571; Local Provision of Public Services: The Tiebout Model after Twenty-Five Years (George Zodrow ed., 1983). For critiques of the Tiebout model, see generally Gary J. Miller, Cities by Contract: The Politics of Municipal Incorporation (1981); Bratton & McCahery, supra note 6, at 25; Richard Briffault, Our Localism: Localism and Legal Theory, 90 Colum. L. Rev. 346, 415-35 (1990).
34. The literature is immense. See, e.g., Robert L. Bish, The Public Economy of Metropolitan Areas (1971); Wallace E. Oates, Fiscal Federalism (1972); Daniel Rubinfeld, The Economics of the Local Public Sector, in 2 Handbook of Public Economics, supra note 5, at 571; Local Provision of Public Services: The Tiebout Model after Twenty-Five Years (George Zodrow ed., 1983). For critiques of the Tiebout model, see generally Gary J. Miller, Cities by Contract: The Politics of Municipal Incorporation (1981); Bratton & McCahery, supra note 6, at 25; Richard Briffault, Our Localism: Localism and Legal Theory, 90 Colum. L. Rev. 346, 415-35 (1990).
35. See Vicki Been, Comment on Professor Jerry Frug's The Geography of Community, 48 Stan. L. Rev. 1109, 1111 n.4 (1996) (collecting authorities).
36. Bruce W. Hamilton, Zoning and Property Taxation in a System of Local Governments, 12 Urb. Stud. 205, 205 (1975).
37. See also Oates, supra note 8, at 96 ("Local zoning regulations can . . . serve, if admittedly imperfectly, as a mechanism for controlling the composition of the local population so as to enhance the quality of local services.").
38. See James M. Buchanan, Principles of Urban Fiscal Strategy, 11 Pub. Choice 1 (1971).
39. See id. at 13-14.
40. See id. at 15.
41. Clayton P. Gillette, Equality and Variety in the Delivery of Municipal Services, 100 Harv. L. Rev. 946, 961 (1987) [hereinafter Gillette, Equality and Variety] (reviewing Charles M. Haar & Daniel W. Fessler, The Wrong Side of the Tracks: A Revolutionary Rediscovery of the Common Law Tradition of Fairness in the Struggle Against Inequality (1986)); Clayton P. Gillette, Opting Out of Public Provision, 73 Denv. U. L. Rev. 1185, 1204 (1996) [hereinafter Gillette, Opting Out].
42. Clayton P. Gillette, Equality and Variety in the Delivery of Municipal Services, 100 Harv. L. Rev. 946, 961 (1987) [hereinafter Gillette, Equality and Variety] (reviewing Charles M. Haar & Daniel W. Fessler, The Wrong Side of the Tracks: A Revolutionary Rediscovery of the Common Law Tradition of Fairness in the Struggle Against Inequality (1986)); Clayton P. Gillette, Opting Out of Public Provision, 73 Denv. U. L. Rev. 1185, 1204 (1996) [hereinafter Gillette, Opting Out].
43. Clayton P. Gillette, Equality and Variety in the Delivery of Municipal Services, 100 Harv. L. Rev. 946, 961 (1987) [hereinafter Gillette, Equality and Variety] (reviewing Charles M. Haar & Daniel W. Fessler, The Wrong Side of the Tracks: A Revolutionary Rediscovery of the Common Law Tradition of Fairness in the Struggle Against Inequality (1986)); Clayton P. Gillette, Opting Out of Public Provision, 73 Denv. U. L. Rev. 1185, 1204 (1996) [hereinafter Gillette, Opting Out].
44. Buchanan, supra note 13, at 15. For a critique of Hamilton's and Buchanan's positions, see Miller, supra note 9, at 201-02 (criticizing these arguments for their "self-satisfied acquiescence in lower-class isolation, neglect and impotence").
45. Buchanan, supra note 13, at 15. For a critique of Hamilton's and Buchanan's positions, see Miller, supra note 9, at 201-02 (criticizing these arguments for their "self-satisfied acquiescence in lower-class isolation, neglect and impotence").
46. See Buchanan, supra note 13, at 15.
47. Bruce Hamilton explicitly says that he does not address the normative aspects of his proposal, while James Buchanan is somewhat more ambiguous on the topic. See Hamilton, supra note 11, at 211 ("I am not prepared to argue, on equity grounds, that local public services 'ought' to be distributed in accordance with market criteria."); Buchanan, supra note 13, at 16 (If "[t]he familiar practice of allegedly favored treatment accorded high-income residential property owners . . . may be 'explained' as one part of an optimal strategy . . . the interests of city residents . . . may dictate continuation rather than elimination of the favoritism.").
48. Bruce Hamilton explicitly says that he does not address the normative aspects of his proposal, while James Buchanan is somewhat more ambiguous on the topic. See Hamilton, supra note 11, at 211 ("I am not prepared to argue, on equity grounds, that local public services 'ought' to be distributed in accordance with market criteria."); Buchanan, supra note 13, at 16 (If "[t]he familiar practice of allegedly favored treatment accorded high-income residential property owners . . . may be 'explained' as one part of an optimal strategy . . . the interests of city residents . . . may dictate continuation rather than elimination of the favoritism.").
49. See, e.g., Samuelson, supra note 4, at 388 (discussing government expenditure on "collective consumption goods"); Tiebout, supra note 7, at 418 (discussing the "consumer-voter" who "pick[s] that community which best satisfies his preference pattern for public goods").
50. See, e.g., Samuelson, supra note 4, at 388 (discussing government expenditure on "collective consumption goods"); Tiebout, supra note 7, at 418 (discussing the "consumer-voter" who "pick[s] that community which best satisfies his preference pattern for public goods").
51. For an analysis of Tiebout in terms of the theory of clubs, see Rubinfeld, supra note 9, at 576-81; for the relationship between the theory of clubs and public goods theory in general, see Oakland, supra note 6, at 502-09.
52. For an analysis of Tiebout in terms of the theory of clubs, see Rubinfeld, supra note 9, at 576-81; for the relationship between the theory of clubs and public goods theory in general, see Oakland, supra note 6, at 502-09.
53. See Rubinfeld, supra note 9, at 582.
54. See Jerry Frug, The Geography of Community, 48 Stan. L. Rev. 1047, 1048-50 (1996) [hereinafter Frug, The Geography of Community]. For a defense of this conception of cities, see Hadley Arkes, The Philosopher in the City 320-26 (1981).
55. See Jerry Frug, The Geography of Community, 48 Stan. L. Rev. 1047, 1048-50 (1996) [hereinafter Frug, The Geography of Community]. For a defense of this conception of cities, see Hadley Arkes, The Philosopher in the City 320-26 (1981).
56. Public goods theorists suggest that determining whether a city, rather than a central government, should provide a particular service depends on whether its nonviral or nonexclusive character is local rather than statewide or nationwide in scope. See Musgrave & Musgrave, supra note 4, at 445-56. Under this formulation, services could be administered by a local branch of the state or federal government.
57. See Gerald Frug, Local Government Law 327, 354, 380, 641 (2d ed. 1994) [hereinafter Frug, Local Government Law].
58. See, e.g., John D. Donahue, The Privatization Decision: Public Ends, Private Means (1989); E.S. Savas, Privatizing the Public Sector: How to Shrink Government (1982); Ronald A. Cass, Privatization: Politics, Law and Theory, 71 Marq. L. Rev. 449 (1988).
59. See, e.g., John D. Donahue, The Privatization Decision: Public Ends, Private Means (1989); E.S. Savas, Privatizing the Public Sector: How to Shrink Government (1982); Ronald A. Cass, Privatization: Politics, Law and Theory, 71 Marq. L. Rev. 449 (1988).
60. See, e.g., John D. Donahue, The Privatization Decision: Public Ends, Private Means (1989); E.S. Savas, Privatizing the Public Sector: How to Shrink Government (1982); Ronald A. Cass, Privatization: Politics, Law and Theory, 71 Marq. L. Rev. 449 (1988).
61. See Miller, supra note 9, at 163-202.
62. See Cass R. Sunstein, Free Markets and Social Justice 75 (1997) (suggesting that "refusal to allow economic exchanges is often based on familiar notions of equality that such exchanges would compromise"); Margaret Jane Radin, Contested Commodities 19, 74 (1996) (arguing that honoring notions of personhood prohibits allowing certain things to be bought and sold).
63. See Cass R. Sunstein, Free Markets and Social Justice 75 (1997) (suggesting that "refusal to allow economic exchanges is often based on familiar notions of equality that such exchanges would compromise"); Margaret Jane Radin, Contested Commodities 19, 74 (1996) (arguing that honoring notions of personhood prohibits allowing certain things to be bought and sold).
64. See, e.g., N.Y. Penal Law §§ 200.30, 200.35 (Consol. 1995).
65. See, e.g., Clayton P. Gillette, Courts, Covenants and Communities, 61 U. Chi. L. Rev. 1375 (1994); Gillette, Opting Out, supra note 16 . For a critique of the notion of preferences, see Sunstein, supra note 28, at 13-31; Mark Sagoff, Should Preferences Count?, 70 Land Econ. 127 (1994).
66. See, e.g., Clayton P. Gillette, Courts, Covenants and Communities, 61 U. Chi. L. Rev. 1375 (1994); Gillette, Opting Out, supra note 16 . For a critique of the notion of preferences, see Sunstein, supra note 28, at 13-31; Mark Sagoff, Should Preferences Count?, 70 Land Econ. 127 (1994).
67. See, e.g., Clayton P. Gillette, Courts, Covenants and Communities, 61 U. Chi. L. Rev. 1375 (1994); Gillette, Opting Out, supra note 16 . For a critique of the notion of preferences, see Sunstein, supra note 28, at 13-31; Mark Sagoff, Should Preferences Count?, 70 Land Econ. 127 (1994).
68. See, e.g., Clayton P. Gillette, Courts, Covenants and Communities, 61 U. Chi. L. Rev. 1375 (1994); Gillette, Opting Out, supra note 16 . For a critique of the notion of preferences, see Sunstein, supra note 28, at 13-31; Mark Sagoff, Should Preferences Count?, 70 Land Econ. 127 (1994).
69. This lack of choice is not attributable simply to the lack of money. The poor are more dependent than the rich on neighbors, friends, and family for maintaining a support network and, therefore, are less mobile. See John R. Logan & Harvey L. Molotch, Urban Fortunes: The Political Economy of Place 42-43 (1987).
70. See generally Elizabeth Anderson, Value in Ethics and Economics (1993); Radin, supra note 28; Tracy Elizabeth Clay, On Cities, Consumers, and the Anatomy of Choice (unpublished manuscript). The proposition that human experience is not reducible to the act of consumption is related to - but different from - the critique of the concept of the "rational actor" in economics. For that critique, see generally Steven Kelman, "Public Choice" and Public Spirit, 87 The Pub. Interest 80 (1987); Amartya K. Sen, Rational Fools: A Critique of the Behavioral Foundations of Economic Theory, 6 Phil. and Pub. Aff. 317 (1976).
71. See generally Elizabeth Anderson, Value in Ethics and Economics (1993); Radin, supra note 28; Tracy Elizabeth Clay, On Cities, Consumers, and the Anatomy of Choice (unpublished manuscript). The proposition that human experience is not reducible to the act of consumption is related to - but different from - the critique of the concept of the "rational actor" in economics. For that critique, see generally Steven Kelman, "Public Choice" and Public Spirit, 87 The Pub. Interest 80 (1987); Amartya K. Sen, Rational Fools: A Critique of the Behavioral Foundations of Economic Theory, 6 Phil. and Pub. Aff. 317 (1976).
72. See generally Elizabeth Anderson, Value in Ethics and Economics (1993); Radin, supra note 28; Tracy Elizabeth Clay, On Cities, Consumers, and the Anatomy of Choice (unpublished manuscript). The proposition that human experience is not reducible to the act of consumption is related to - but different from - the critique of the concept of the "rational actor" in economics. For that critique, see generally Steven Kelman, "Public Choice" and Public Spirit, 87 The Pub. Interest 80 (1987); Amartya K. Sen, Rational Fools: A Critique of the Behavioral Foundations of Economic Theory, 6 Phil. and Pub. Aff. 317 (1976).
73. See generally Elizabeth Anderson, Value in Ethics and Economics (1993); Radin, supra note 28; Tracy Elizabeth Clay, On Cities, Consumers, and the Anatomy of Choice (unpublished manuscript). The proposition that human experience is not reducible to the act of consumption is related to - but different from - the critique of the concept of the "rational actor" in economics. For that critique, see generally Steven Kelman, "Public Choice" and Public Spirit, 87 The Pub. Interest 80 (1987); Amartya K. Sen, Rational Fools: A Critique of the Behavioral Foundations of Economic Theory, 6 Phil. and Pub. Aff. 317 (1976).
74. See generally Elizabeth Anderson, Value in Ethics and Economics (1993); Radin, supra note 28; Tracy Elizabeth Clay, On Cities, Consumers, and the Anatomy of Choice (unpublished manuscript). The proposition that human experience is not reducible to the act of consumption is related to - but different from - the critique of the concept of the "rational actor" in economics. For that critique, see generally Steven Kelman, "Public Choice" and Public Spirit, 87 The Pub. Interest 80 (1987); Amartya K. Sen, Rational Fools: A Critique of the Behavioral Foundations of Economic Theory, 6 Phil. and Pub. Aff. 317 (1976).
75. See, e.g., Radin, supra note 28, at 81; Sunstein, supra note 28, at 44. For a related, but more basic, distinction, see Karl Marx, On the Jewish Question, in The Marx-Engels Reader 24 (R. Tucker ed., 1978). For a critique of the citizen/consumer distinction, see Daphna Lewinsohn-Zamir, Consumer Preferences, Citizen Preferences, and the Provision of Public Goods (unpublished manuscript, on file with author).
76. See, e.g., Radin, supra note 28, at 81; Sunstein, supra note 28, at 44. For a related, but more basic, distinction, see Karl Marx, On the Jewish Question, in The Marx-Engels Reader 24 (R. Tucker ed., 1978). For a critique of the citizen/consumer distinction, see Daphna Lewinsohn-Zamir, Consumer Preferences, Citizen Preferences, and the Provision of Public Goods (unpublished manuscript, on file with author).
77. See, e.g., Radin, supra note 28, at 81; Sunstein, supra note 28, at 44. For a related, but more basic, distinction, see Karl Marx, On the Jewish Question, in The Marx-Engels Reader 24 (R. Tucker ed., 1978). For a critique of the citizen/consumer distinction, see Daphna Lewinsohn-Zamir, Consumer Preferences, Citizen Preferences, and the Provision of Public Goods (unpublished manuscript, on file with author).
78. See, e.g., Radin, supra note 28, at 81; Sunstein, supra note 28, at 44. For a related, but more basic, distinction, see Karl Marx, On the Jewish Question, in The Marx-Engels Reader 24 (R. Tucker ed., 1978). For a critique of the citizen/consumer distinction, see Daphna Lewinsohn-Zamir, Consumer Preferences, Citizen Preferences, and the Provision of Public Goods (unpublished manuscript, on file with author).
79. Mark Sagoff, At The Shrine of Our Lady of Fatima or Why Political Questions Are Not All Economic, 23 Ariz. L. Rev. 1283, 1286 (1981).
80. This is Tiebout's term. See Tiebout, supra note 7, at 417.
81. On "human flourishing," see Radin, supra note 28, at 79-101.
82. See Jerry Frug, Decentering Decentralization, 60 U. Chi. L. Rev. 253, 263-72 (1993) [hereinafter Frug, Decentering Decentralization].
83. See generally Bish, supra note 9; Robert L. Bish & Vincent Ostrom, Understanding Urban Government: Metropolitan Reform Reconsidered (1973); Ostrom et al., supra note 3, at 838-40; Richard Wagner & Warren Weber, Competition, Monopoly, and The Organization of Government in Metropolitan Areas, 18 J. L. & Econ. 661, 684 (1975).
84. See generally Bish, supra note 9; Robert L. Bish & Vincent Ostrom, Understanding Urban Government: Metropolitan Reform Reconsidered (1973); Ostrom et al., supra note 3, at 838-40; Richard Wagner & Warren Weber, Competition, Monopoly, and The Organization of Government in Metropolitan Areas, 18 J. L. & Econ. 661, 684 (1975).
85. See generally Bish, supra note 9; Robert L. Bish & Vincent Ostrom, Understanding Urban Government: Metropolitan Reform Reconsidered (1973); Ostrom et al., supra note 3, at 838-40; Richard Wagner & Warren Weber, Competition, Monopoly, and The Organization of Government in Metropolitan Areas, 18 J. L. & Econ. 661, 684 (1975).
86. See generally Bish, supra note 9; Robert L. Bish & Vincent Ostrom, Understanding Urban Government: Metropolitan Reform Reconsidered (1973); Ostrom et al., supra note 3, at 838-40; Richard Wagner & Warren Weber, Competition, Monopoly, and The Organization of Government in Metropolitan Areas, 18 J. L. & Econ. 661, 684 (1975).
87. See generally Peter D. Enrich, Saving the States From Themselves: Commerce Clause Constraints on State Tax Incentives for Business, 110 Harv. L. Rev. 377, 382-89 (1996).
88. See Frug, Decentering Decentralization, supra note 37, at 279-94, 312-28.
89. See id. at 323.
90. See Robert Nozick, Anarchy, State and Utopia 297-334 (1974).
91. See Frug, The Geography of Community, supra note 23, at 1055-81.
92. See Frug, The Geography of Community, supra note 23, at 1081-1107.
93. For a compelling, book length analysis of how consumer behavior undermines the long-run interest of the consumers themselves, see Thomas C. Shelling, Micromotives and Macrobehavior (1978).
94. See Miller, supra note 9, at 197 (arguing that trend toward government fragmentation creates "bias in favor of upper-income groups who move to favorable jurisdictions"); Myron Orfield, Metropolitics: A Regional Agenda for Community and Stability 1-14 (1997); Buchanan, supra note 13, at 16; Richard Thompson Ford, The Boundaries of Race: Political Geography in Legal Analysis, 107 Harv. L. Rev. 1841, 1849-57 (1994); see also Albert O. Hirschman, Exit, Voice, and Loyalty: Responses to Decline in Firms, Organizations, and States 44-54, 101-02 (1970) (analyzing analogous impact of private schools on public schools); Pearl M. Kamer, Crisis in Urban Public Finance: A Case Study of Thirty-Eight Cities 25-30 (1983) (describing impact of flight on central cities); Scott J. South & Kyle D. Crowder, Escaping Distressed Neighborhoods: Individual, Community, and Metropolitan Influences, 102 Am. J. Soc. 1040 (1997) (describing factors that influence flight to suburbs).
95. See Miller, supra note 9, at 197 (arguing that trend toward government fragmentation creates "bias in favor of upper-income groups who move to favorable jurisdictions"); Myron Orfield, Metropolitics: A Regional Agenda for Community and Stability 1-14 (1997); Buchanan, supra note 13, at 16; Richard Thompson Ford, The Boundaries of Race: Political Geography in Legal Analysis, 107 Harv. L. Rev. 1841, 1849-57 (1994); see also Albert O. Hirschman, Exit, Voice, and Loyalty: Responses to Decline in Firms, Organizations, and States 44-54, 101-02 (1970) (analyzing analogous impact of private schools on public schools); Pearl M. Kamer, Crisis in Urban Public Finance: A Case Study of Thirty-Eight Cities 25-30 (1983) (describing impact of flight on central cities); Scott J. South & Kyle D. Crowder, Escaping Distressed Neighborhoods: Individual, Community, and Metropolitan Influences, 102 Am. J. Soc. 1040 (1997) (describing factors that influence flight to suburbs).
96. See Miller, supra note 9, at 197 (arguing that trend toward government fragmentation creates "bias in favor of upper-income groups who move to favorable jurisdictions"); Myron Orfield, Metropolitics: A Regional Agenda for Community and Stability 1-14 (1997); Buchanan, supra note 13, at 16; Richard Thompson Ford, The Boundaries of Race: Political Geography in Legal Analysis, 107 Harv. L. Rev. 1841, 1849-57 (1994); see also Albert O. Hirschman, Exit, Voice, and Loyalty: Responses to Decline in Firms, Organizations, and States 44-54, 101-02 (1970) (analyzing analogous impact of private schools on public schools); Pearl M. Kamer, Crisis in Urban Public Finance: A Case Study of Thirty-Eight Cities 25-30 (1983) (describing impact of flight on central cities); Scott J. South & Kyle D. Crowder, Escaping Distressed Neighborhoods: Individual, Community, and Metropolitan Influences, 102 Am. J. Soc. 1040 (1997) (describing factors that influence flight to suburbs).
97. See Miller, supra note 9, at 197 (arguing that trend toward government fragmentation creates "bias in favor of upper-income groups who move to favorable jurisdictions"); Myron Orfield, Metropolitics: A Regional Agenda for Community and Stability 1-14 (1997); Buchanan, supra note 13, at 16; Richard Thompson Ford, The Boundaries of Race: Political Geography in Legal Analysis, 107 Harv. L. Rev. 1841, 1849-57 (1994); see also Albert O. Hirschman, Exit, Voice, and Loyalty: Responses to Decline in Firms, Organizations, and States 44-54, 101-02 (1970) (analyzing analogous impact of private schools on public schools); Pearl M. Kamer, Crisis in Urban Public Finance: A Case Study of Thirty-Eight Cities 25-30 (1983) (describing impact of flight on central cities); Scott J. South & Kyle D. Crowder, Escaping Distressed Neighborhoods: Individual, Community, and Metropolitan Influences, 102 Am. J. Soc. 1040 (1997) (describing factors that influence flight to suburbs).
98. See Miller, supra note 9, at 197 (arguing that trend toward government fragmentation creates "bias in favor of upper-income groups who move to favorable jurisdictions"); Myron Orfield, Metropolitics: A Regional Agenda for Community and Stability 1-14 (1997); Buchanan, supra note 13, at 16; Richard Thompson Ford, The Boundaries of Race: Political Geography in Legal Analysis, 107 Harv. L. Rev. 1841, 1849-57 (1994); see also Albert O. Hirschman, Exit, Voice, and Loyalty: Responses to Decline in Firms, Organizations, and States 44-54, 101-02 (1970) (analyzing analogous impact of private schools on public schools); Pearl M. Kamer, Crisis in Urban Public Finance: A Case Study of Thirty-Eight Cities 25-30 (1983) (describing impact of flight on central cities); Scott J. South & Kyle D. Crowder, Escaping Distressed Neighborhoods: Individual, Community, and Metropolitan Influences, 102 Am. J. Soc. 1040 (1997) (describing factors that influence flight to suburbs).
99. See Miller, supra note 9, at 197 (arguing that trend toward government fragmentation creates "bias in favor of upper-income groups who move to favorable jurisdictions"); Myron Orfield, Metropolitics: A Regional Agenda for Community and Stability 1-14 (1997); Buchanan, supra note 13, at 16; Richard Thompson Ford, The Boundaries of Race: Political Geography in Legal Analysis, 107 Harv. L. Rev. 1841, 1849-57 (1994); see also Albert O. Hirschman, Exit, Voice, and Loyalty: Responses to Decline in Firms, Organizations, and States 44-54, 101-02 (1970) (analyzing analogous impact of private schools on public schools); Pearl M. Kamer, Crisis in Urban Public Finance: A Case Study of Thirty-Eight Cities 25-30 (1983) (describing impact of flight on central cities); Scott J. South & Kyle D. Crowder, Escaping Distressed Neighborhoods: Individual, Community, and Metropolitan Influences, 102 Am. J. Soc. 1040 (1997) (describing factors that influence flight to suburbs).
100. See Miller, supra note 9, at 197 (arguing that trend toward government fragmentation creates "bias in favor of upper-income groups who move to favorable jurisdictions"); Myron Orfield, Metropolitics: A Regional Agenda for Community and Stability 1-14 (1997); Buchanan, supra note 13, at 16; Richard Thompson Ford, The Boundaries of Race: Political Geography in Legal Analysis, 107 Harv. L. Rev. 1841, 1849-57 (1994); see also Albert O. Hirschman, Exit, Voice, and Loyalty: Responses to Decline in Firms, Organizations, and States 44-54, 101-02 (1970) (analyzing analogous impact of private schools on public schools); Pearl M. Kamer, Crisis in Urban Public Finance: A Case Study of Thirty-Eight Cities 25-30 (1983) (describing impact of flight on central cities); Scott J. South & Kyle D. Crowder, Escaping Distressed Neighborhoods: Individual, Community, and Metropolitan Influences, 102 Am. J. Soc. 1040 (1997) (describing factors that influence flight to suburbs).
101. For an analysis of how that majority is constituted, see Peter Calthorpe, The Next American Metropolis: Ecology, Community, and the American Dream 36 (1993) (discussing alliance among environmentalists, developers, and inner city advocates); Orfield, supra note 46, at 104-72 (describing coalition building between central cities and inner suburbs in Minneapolis region and elsewhere); Frug, The Geography of Community, supra note 23, at 1094-1107 (discussing impact of current local government rules on residents of declining suburbs, women, the elderly, and African Americans).
102. For an analysis of how that majority is constituted, see Peter Calthorpe, The Next American Metropolis: Ecology, Community, and the American Dream 36 (1993) (discussing alliance among environmentalists, developers, and inner city advocates); Orfield, supra note 46, at 104-72 (describing coalition building between central cities and inner suburbs in Minneapolis region and elsewhere); Frug, The Geography of Community, supra note 23, at 1094-1107 (discussing impact of current local government rules on residents of declining suburbs, women, the elderly, and African Americans).
103. For an analysis of how that majority is constituted, see Peter Calthorpe, The Next American Metropolis: Ecology, Community, and the American Dream 36 (1993) (discussing alliance among environmentalists, developers, and inner city advocates); Orfield, supra note 46, at 104-72 (describing coalition building between central cities and inner suburbs in Minneapolis region and elsewhere); Frug, The Geography of Community, supra note 23, at 1094-1107 (discussing impact of current local government rules on residents of declining suburbs, women, the elderly, and African Americans).
104. See generally Monkkonen, America Becomes Urban, supra note 1, at 89-110; Jon C. Teaford, The Unheralded Triumph: City Government in America, 1870-1900 (1984).
105. See generally Monkkonen, America Becomes Urban, supra note 1, at 89-110; Jon C. Teaford, The Unheralded Triumph: City Government in America, 1870-1900 (1984).
106. Monkkonen, America Becomes Urban, supra note 1, at 89.
107. See Alexander von Hoffman, An Officer of the Neighborhood: A Boston Patrolman On the Beat in 1895, 26 J. Soc. Hist. 309, 317-18 (1992); see also Roger Lane, Policing the City: Boston 1822-1885, at 206-08 (1967); Roger Lane, Urban Police and Crime in Nineteenth-Century America, 2 Crime & Just. 1, 14-21 (1980) [hereinafter Lane, Urban Police]; Monkkonen, Police in Urban America, supra note 2, at 4-15, 30-64. A stronger version of this thesis - that the police were a form of control over the working class - is advanced by Sidney L. Harring, Policing a Class Society: The Experience of American Cities, 1865-1915, at 81-83, 99-106 (1983).
108. See Alexander von Hoffman, An Officer of the Neighborhood: A Boston Patrolman On the Beat in 1895, 26 J. Soc. Hist. 309, 317-18 (1992); see also Roger Lane, Policing the City: Boston 1822-1885, at 206-08 (1967); Roger Lane, Urban Police and Crime in Nineteenth-Century America, 2 Crime & Just. 1, 14-21 (1980) [hereinafter Lane, Urban Police]; Monkkonen, Police in Urban America, supra note 2, at 4-15, 30-64. A stronger version of this thesis - that the police were a form of control over the working class - is advanced by Sidney L. Harring, Policing a Class Society: The Experience of American Cities, 1865-1915, at 81-83, 99-106 (1983).
109. See Alexander von Hoffman, An Officer of the Neighborhood: A Boston Patrolman On the Beat in 1895, 26 J. Soc. Hist. 309, 317-18 (1992); see also Roger Lane, Policing the City: Boston 1822-1885, at 206-08 (1967); Roger Lane, Urban Police and Crime in Nineteenth-Century America, 2 Crime & Just. 1, 14-21 (1980) [hereinafter Lane, Urban Police]; Monkkonen, Police in Urban America, supra note 2, at 4-15, 30-64. A stronger version of this thesis - that the police were a form of control over the working class - is advanced by Sidney L. Harring, Policing a Class Society: The Experience of American Cities, 1865-1915, at 81-83, 99-106 (1983).
110. See Alexander von Hoffman, An Officer of the Neighborhood: A Boston Patrolman On the Beat in 1895, 26 J. Soc. Hist. 309, 317-18 (1992); see also Roger Lane, Policing the City: Boston 1822-1885, at 206-08 (1967); Roger Lane, Urban Police and Crime in Nineteenth-Century America, 2 Crime & Just. 1, 14-21 (1980) [hereinafter Lane, Urban Police]; Monkkonen, Police in Urban America, supra note 2, at 4-15, 30-64. A stronger version of this thesis - that the police were a form of control over the working class - is advanced by Sidney L. Harring, Policing a Class Society: The Experience of American Cities, 1865-1915, at 81-83, 99-106 (1983).
111. See Alexander von Hoffman, An Officer of the Neighborhood: A Boston Patrolman On the Beat in 1895, 26 J. Soc. Hist. 309, 317-18 (1992); see also Roger Lane, Policing the City: Boston 1822-1885, at 206-08 (1967); Roger Lane, Urban Police and Crime in Nineteenth-Century America, 2 Crime & Just. 1, 14-21 (1980) [hereinafter Lane, Urban Police]; Monkkonen, Police in Urban America, supra note 2, at 4-15, 30-64. A stronger version of this thesis - that the police were a form of control over the working class - is advanced by Sidney L. Harring, Policing a Class Society: The Experience of American Cities, 1865-1915, at 81-83, 99-106 (1983).
112. David B. Tyack, The One Best System: A History of American Urban Education 74 (1974). In addition to Tyack's valuable account, see id. at 28-77, other useful sources include Michael B. Katz, The Irony of Early School Reform: Educational Innovation in Mid-Nineteenth Century Massachusetts 163-211 (1968) (discussing education as reform vehicle for juvenile delinquents); Marvin Lazerson, Origins of the Urban School: Public Education in Massachusetts, 1870-1915, at ix-xv (1971) (discussing education as "the basis of social amelioration").
113. David B. Tyack, The One Best System: A History of American Urban Education 74 (1974). In addition to Tyack's valuable account, see id. at 28-77, other useful sources include Michael B. Katz, The Irony of Early School Reform: Educational Innovation in Mid-Nineteenth Century Massachusetts 163-211 (1968) (discussing education as reform vehicle for juvenile delinquents); Marvin Lazerson, Origins of the Urban School: Public Education in Massachusetts, 1870-1915, at ix-xv (1971) (discussing education as "the basis of social amelioration").
114. David B. Tyack, The One Best System: A History of American Urban Education 74 (1974). In addition to Tyack's valuable account, see id. at 28-77, other useful sources include Michael B. Katz, The Irony of Early School Reform: Educational Innovation in Mid-Nineteenth Century Massachusetts 163-211 (1968) (discussing education as reform vehicle for juvenile delinquents); Marvin Lazerson, Origins of the Urban School: Public Education in Massachusetts, 1870-1915, at ix-xv (1971) (discussing education as "the basis of social amelioration").
115. David B. Tyack, The One Best System: A History of American Urban Education 74 (1974). In addition to Tyack's valuable account, see id. at 28-77, other useful sources include Michael B. Katz, The Irony of Early School Reform: Educational Innovation in Mid-Nineteenth Century Massachusetts 163-211 (1968) (discussing education as reform vehicle for juvenile delinquents); Marvin Lazerson, Origins of the Urban School: Public Education in Massachusetts, 1870-1915, at ix-xv (1971) (discussing education as "the basis of social amelioration").
116. 2 The Papers of Frederick Law Olmsted 235 (Charles E. Beveridge & Charles Capen McLaughlin eds., 1981).
117. On Olmsted's view of the functions of the park, see Thomas Bender, Toward an Urban Vision: Ideas and Institutions in Nineteenth-Century America 169-81 (1975); Geoffrey Blodgett, Frederick Law Olmsted: Landscape Architecture as Conservative Reform, 62 J. Am. Hist. 869, 876-79 (1976). See generally Galen Cranz, The Politics of Park Design: A History of Urban Parks in America, at x-xii (1982) (discussing role of parks in city life); Roy Rosenzweig & Elizabeth Blackmar, The Park and the People: A History of Central Park 22-30 (1992) (discussing early rationales for construction of New York City parks).
118. On Olmsted's view of the functions of the park, see Thomas Bender, Toward an Urban Vision: Ideas and Institutions in Nineteenth-Century America 169-81 (1975); Geoffrey Blodgett, Frederick Law Olmsted: Landscape Architecture as Conservative Reform, 62 J. Am. Hist. 869, 876-79 (1976). See generally Galen Cranz, The Politics of Park Design: A History of Urban Parks in America, at x-xii (1982) (discussing role of parks in city life); Roy Rosenzweig & Elizabeth Blackmar, The Park and the People: A History of Central Park 22-30 (1992) (discussing early rationales for construction of New York City parks).
119. On Olmsted's view of the functions of the park, see Thomas Bender, Toward an Urban Vision: Ideas and Institutions in Nineteenth-Century America 169-81 (1975); Geoffrey Blodgett, Frederick Law Olmsted: Landscape Architecture as Conservative Reform, 62 J. Am. Hist. 869, 876-79 (1976). See generally Galen Cranz, The Politics of Park Design: A History of Urban Parks in America, at x-xii (1982) (discussing role of parks in city life); Roy Rosenzweig & Elizabeth Blackmar, The Park and the People: A History of Central Park 22-30
120. On Olmsted's view of the functions of the park, see Thomas Bender, Toward an Urban Vision: Ideas and Institutions in Nineteenth-Century America 169-81 (1975); Geoffrey Blodgett, Frederick Law Olmsted: Landscape Architecture as Conservative Reform, 62 J. Am. Hist. 869, 876-79 (1976). See generally Galen Cranz, The Politics of Park Design: A History of Urban Parks in America, at x-xii (1982) (discussing role of parks in city life); Roy Rosenzweig & Elizabeth Blackmar, The Park and the People: A History of Central Park 22-30 (1992) (discussing early rationales for construction of New York City parks).
121. See Frug, Decentering Decentralization, supra note 37, at 263-73; Briffault, supra note 9, at 382 ("Questions of local power are often resolved by an implicit reliance on the idealized residential suburb as the paradigm locality. In a sense, 'the city as a legal concept,' has become a suburb . . . ."). On the legal construction of markets generally, see Duncan Kennedy, Sexy Dressing Etc. 83-125 (1993).
122. See Frug, Decentering Decentralization, supra note 37, at 263-73; Briffault, supra note 9, at 382 ("Questions of local power are often resolved by an implicit reliance on the idealized residential suburb as the paradigm locality. In a sense, 'the city as a legal concept,' has become a suburb . . . ."). On the legal construction of markets generally, see Duncan Kennedy, Sexy Dressing Etc. 83-125 (1993).
123. See Frug, Decentering Decentralization, supra note 37, at 263-73; Briffault, supra note 9, at 382 ("Questions of local power are often resolved by an implicit reliance on the idealized residential suburb as the paradigm locality. In a sense, 'the city as a legal concept,' has become a suburb . . . ."). On the legal construction of markets generally, see Duncan Kennedy, Sexy Dressing Etc. 83-125 (1993).
124. See Steven A. Holmes & Michael Janofsky, Trying to Fix Capital Where 'Everything Is Broken,' N.Y. Times, July 25, 1996, at A1 (discussing disjunction between need for public services and tax revenues in Washington, D.C.).
125. See, e.g., James M. Poterba, Demographic Structure and the Political Economy of Public Education (National Bureau of Econ. Research Working Paper No. 5677, July 1996) (analyzing resistance of elderly to educational spending);
126. James Brooke, Young Unwelcome in Retirees' Haven, N.Y. Times, Feb. 16, 1997, at A16 (same); N.J. Stat. Ann. § 40:67-23.3 (West 1992) (providing for reimbursement by municipalities of costs incurred by residential communities for street lighting, snow removal, and garbage collection).
127. William A. Fischel, Property Taxation and the Tiebout Model: Evidence for the Benefit View from Zoning and Voting, 30 J. Econ. Litig. 171, 176 (1992).
128. See Frug, The Geography of Community, supra note 23, at 1081-89.
129. On public authorities, see Nancy Burns, The Formation of American Local Governments: Private Values in Public Institutions 109-17 (1994); Briffault, supra note 9, at 375-78; see also infra notes 217-20.
130. On public authorities, see Nancy Burns, The Formation of American Local Governments: Private Values in Public Institutions 109-17 (1994); Briffault, supra note 9, at 375-78; see also infra notes 217-20.
131. See Frug, Decentering Decentralization, supra note 37, at 294-303, 328-34. The institutional reform I have in mind does not require the creation of a regional government. The task of the regional negotiation is not to govern the region but, as I argued in Decentering Decentralization, to perform one specific function now performed by state legislatures and state courts: the allocation of entitlements to local governments. See id. at 296. One such entitlement is a city's ability, already subject to considerable state control, to generate and distribute revenue. Thus, while my proposal envisions replacing state control over the budget allocation process with an intercity negotiation process - embodied, perhaps, in a regional legislature - it also envisions retaining individualized city decision-making about the administration of public services.
132. See Frug, Decentering Decentralization, supra note 37, at 294-303, 328-34. The institutional reform I have in mind does not require the creation of a regional government. The task of the regional negotiation is not to govern the region but, as I argued in Decentering Decentralization, to perform one specific function now performed by state legislatures and state courts: the allocation of entitlements to local governments. See id. at 296. One such entitlement is a city's ability, already subject to considerable state control, to generate and distribute revenue. Thus, while my proposal envisions replacing state control over the budget allocation process with an intercity negotiation process - embodied, perhaps, in a regional legislature - it also envisions retaining individualized city decision-making about the administration of public services.
133. Recognition of this phenomenon has generated some metropolitan reallocation of resources already. See Orfield, supra note 46, at 84-90 (discussing metropolitan property tax base sharing). For additional ideas, see Georgette C. Poindexter, Collective Individualism: Deconstructing the Legal City, 145 U. Pa. L. Rev. 607 (1997); Georgette C. Poindexter, Towards a Legal Framework for Regional Redistribution of Poverty-Related Expenses, 47 Wash. U. J. Urb. & Contemp. L. 3 (1995).
134. Recognition of this phenomenon has generated some metropolitan reallocation of resources already. See Orfield, supra note 46, at 84-90 (discussing metropolitan property tax base sharing). For additional ideas, see Georgette C. Poindexter, Collective Individualism: Deconstructing the Legal City, 145 U. Pa. L. Rev. 607 (1997); Georgette C. Poindexter, Towards a Legal Framework for Regional Redistribution of Poverty-Related Expenses, 47 Wash. U. J. Urb. & Contemp. L. 3 (1995).
135. Recognition of this phenomenon has generated some metropolitan reallocation of resources already. See Orfield, supra note 46, at 84-90 (discussing metropolitan property tax base sharing). For additional ideas, see Georgette C. Poindexter, Collective Individualism: Deconstructing the Legal City, 145 U. Pa. L. Rev. 607 (1997); Georgette C. Poindexter, Towards a Legal Framework for Regional Redistribution of Poverty-Related Expenses, 47 Wash. U. J. Urb. & Contemp. L. 3 (1995).
136. This model is only partly accepted by current law. See, e.g., Fort Gratiot Sanitary Landfill, Inc. v. Michigan Dep't of Natural Resources, 504 U.S. 353, 358-63 (1992) (holding that Commerce Clause prohibits closing of county landfill to outsiders); Borough of Neptune City v. Borough of Avon-by-the-Sea, 294 A.2d 47, 51-56 (N.J. 1972) (finding that "public trust" doctrine precludes limiting city beach to residents).
137. 347 U.S. 483 (1954).
138. Id. at 493.
139. I refer here to the popular belief in the importance of education, not the academic debate about the benefits of a formal education. For the latter, see Ronald G. Ehrenberg & Robert S. Smith, Modern Labor Economics: Theory and Public Policy 279-312 (5th ed. 1994); Lester C. Thurow, Education and Economic Equality, in Power and Ideology in Education 325-35 (Jerome Karabel & A.H. Halsey eds., 1977). For an account that makes "academic excellence" the centerpiece of both governmental policy and popular desire, see John E. Chubb & Terry M. Moe, Politics, Markets, and America's Schools 6-11, 70-71 (1990).
140. I refer here to the popular belief in the importance of education, not the academic debate about the benefits of a formal education. For the latter, see Ronald G. Ehrenberg & Robert S. Smith, Modern Labor Economics: Theory and Public Policy 279-312 (5th ed. 1994); Lester C. Thurow, Education and Economic Equality, in Power and Ideology in Education 325-35 (Jerome Karabel & A.H. Halsey eds., 1977). For an account that makes "academic excellence" the centerpiece of both governmental policy and popular desire, see John E. Chubb & Terry M. Moe, Politics, Markets, and America's Schools 6-11, 70-71 (1990).
141. I refer here to the popular belief in the importance of education, not the academic debate about the benefits of a formal education. For the latter, see Ronald G. Ehrenberg & Robert S. Smith, Modern Labor Economics: Theory and Public Policy 279-312 (5th ed. 1994); Lester C. Thurow, Education and Economic Equality, in Power and Ideology in Education 325-35 (Jerome Karabel & A.H. Halsey eds., 1977). For an account that makes "academic excellence" the centerpiece of both governmental policy and popular desire, see John E. Chubb & Terry M. Moe, Politics, Markets, and America's Schools 6-11, 70-71 (1990).
142. See infra notes 119-20.
143. John Dewey, Democracy and Education 24 (1916).
144. Id. at 25.
145. Lawrence A. Cremin, Traditions of American Education 50 (1977).
146. See Kramer v. Union Free Sch. Dist, 395 U.S. 621, 630 (1969) (arguing that, in addition to parents and property owners, senior citizens, clergy, military personnel, and boarders and lodgers, among others, have interest in educational system of their school district); Emile Durkheim, Education and Sociology 79 (Sherwood D. Fox trans., Free Press 1956) (1922) ("If, as we have tried to establish, education has a collective function above all, if its object is to adapt the child to the social milieu in which he is destined to live, it is impossible that society should be uninterested in such a procedure.").
147. On the common republicanism and common Protestantism of the common schools movement, see Cremin, supra note 69, at 39-87; Carl F. Kaestle, Pillars of the Republic: Common Schools and American Society 1780-1860, at 75-81 (1983); David Nasaw, Schooled to Order: A Social History of Public Schooling in the United States 7-84 (1979). On the role of assimilation and ideas of merit and excellence, see Tyack, supra note 51, at 229-55.
148. On the common republicanism and common Protestantism of the common schools movement, see Cremin, supra note 69, at 39-87; Carl F. Kaestle, Pillars of the Republic: Common Schools and American Society 1780-1860, at 75-81 (1983); David Nasaw, Schooled to Order: A Social History of Public Schooling in the United States 7-84 (1979). On the role of assimilation and ideas of merit and excellence, see Tyack, supra note 51, at 229-55.
149. On the common republicanism and common Protestantism of the common schools movement, see Cremin, supra note 69, at 39-87; Carl F. Kaestle, Pillars of the Republic: Common Schools and American Society 1780-1860, at 75-81 (1983); David Nasaw, Schooled to Order: A Social History of Public Schooling in the United States 7-84 (1979). On the role of assimilation and ideas of merit and excellence, see Tyack, supra note 51, at 229-55.
150. On the common republicanism and common Protestantism of the common schools movement, see Cremin, supra note 69, at 39-87; Carl F. Kaestle, Pillars of the Republic: Common Schools and American Society 1780-1860, at 75-81 (1983); David Nasaw, Schooled to Order: A Social History of Public Schooling in the United States 7-84 (1979). On the role of assimilation and ideas of merit and excellence, see Tyack, supra note 51, at 229-55.
151. For a defense of consensus values, see Durkheim, supra note 70, at 81. For an argument that preparation for democratic decisionmaking should be the rationale for public schools, see Amy Gutmann, Democratic Education 48-70, 172-93 (1987); see also Plyler v. Doe, 457 U.S. 202, 222 n.20 (1982) ("[S]chools are an important socializing institution, imparting those shared values through which social order and stability are maintained.").
152. For a defense of consensus values, see Durkheim, supra note 70, at 81. For an argument that preparation for democratic decisionmaking should be the rationale for public schools, see Amy Gutmann, Democratic Education 48-70, 172-93 (1987); see also Plyler v. Doe, 457 U.S. 202, 222 n.20 (1982) ("[S]chools are an important socializing institution, imparting those shared values through which social order and stability are maintained.").
153. Schooling - like education in general - never liberates without at the same time limiting. It never empowers without at the same time constraining. It never frees without at the same time socializing. The question is not whether one or the other is occurring in isolation but what the balance is, and to what end, and in light of what alternatives. Cremin, supra note 69, at 37.
154. The literature dealing with the history of this divisive organizational structure of American education is substantial. See generally Samuel Bowles & Herbert Gintis, Schooling in Capitalist America: Educational Reform and the Contradictions of Economic Life (1976); Paula S. Fass, Outside In: Minorities and the Transformation of American Education (1989); Michael B. Katz, Reconstructing American Education (1987); Jonathan Kozol, Savage Inequalities: Children in America's Schools (1991); David B. Tyack, Constructing Difference: Historical Reflections on Schooling and Social Diversity, 95 Tchrs. C. Rec. 8 (1993); Tyack, supra note 51, at 104-25, 198-255; see also generally Gregory R. Weiher, The Fractured Metropolis: Political Fragmentation and Metropolitan Segregation (1991).
155. The literature dealing with the history of this divisive organizational structure of American education is substantial. See generally Samuel Bowles & Herbert Gintis, Schooling in Capitalist America: Educational Reform and the Contradictions of Economic Life (1976); Paula S. Fass, Outside In: Minorities and the Transformation of American Education (1989); Michael B. Katz, Reconstructing American Education (1987); Jonathan Kozol, Savage Inequalities: Children in America's Schools (1991); David B. Tyack, Constructing Difference: Historical Reflections on Schooling and Social Diversity, 95 Tchrs. C. Rec. 8 (1993); Tyack, supra note 51, at 104-25, 198-255; see also generally Gregory R. Weiher, The Fractured Metropolis: Political Fragmentation and Metropolitan Segregation (1991).
156. The literature dealing with the history of this divisive organizational structure of American education is substantial. See generally Samuel Bowles & Herbert Gintis, Schooling in Capitalist America: Educational Reform and the Contradictions of Economic Life (1976); Paula S. Fass, Outside In: Minorities and the Transformation of American Education (1989); Michael B. Katz, Reconstructing American Education (1987); Jonathan Kozol, Savage Inequalities: Children in America's Schools (1991); David B. Tyack, Constructing Difference: Historical Reflections on Schooling and Social Diversity, 95 Tchrs. C. Rec. 8 (1993); Tyack, supra note 51, at 104-25, 198-255; see also generally Gregory R. Weiher, The Fractured Metropolis: Political Fragmentation and Metropolitan Segregation (1991).
157. The literature dealing with the history of this divisive organizational structure of American education is substantial. See generally Samuel Bowles & Herbert Gintis, Schooling in Capitalist America: Educational Reform and the Contradictions of Economic Life (1976); Paula S. Fass, Outside In: Minorities and the Transformation of American Education (1989); Michael B. Katz, Reconstructing American Education (1987); Jonathan Kozol, Savage Inequalities: Children in America's Schools (1991); David B. Tyack, Constructing Difference: Historical Reflections on Schooling and Social Diversity, 95 Tchrs. C. Rec. 8 (1993); Tyack, supra note 51, at 104-25, 198-255; see also generally Gregory R. Weiher, The Fractured Metropolis: Political Fragmentation and Metropolitan Segregation (1991).
158. The literature dealing with the history of this divisive organizational structure of American education is substantial. See generally Samuel Bowles & Herbert Gintis, Schooling in Capitalist America: Educational Reform and the Contradictions of Economic Life (1976); Paula S. Fass, Outside In: Minorities and the Transformation of American Education (1989); Michael B. Katz, Reconstructing American Education (1987); Jonathan Kozol, Savage Inequalities: Children in America's Schools (1991); David B. Tyack, Constructing Difference: Historical Reflections on Schooling and Social Diversity, 95 Tchrs. C. Rec. 8 (1993); Tyack, supra note 51, at 104-25, 198-255; see also generally Gregory R. Weiher, The Fractured Metropolis: Political Fragmentation and Metropolitan Segregation (1991).
159. The literature dealing with the history of this divisive organizational structure of American education is substantial. See generally Samuel Bowles & Herbert Gintis, Schooling in Capitalist America: Educational Reform and the Contradictions of Economic Life (1976); Paula S. Fass, Outside In: Minorities and the Transformation of American Education (1989); Michael B. Katz, Reconstructing American Education (1987); Jonathan Kozol, Savage Inequalities: Children in America's Schools (1991); David B. Tyack, Constructing Difference: Historical Reflections on Schooling and Social Diversity, 95 Tchrs. C. Rec. 8 (1993); Tyack, supra note 51, at 104-25, 198-255; see also generally Gregory R. Weiher, The Fractured Metropolis: Political Fragmentation and Metropolitan Segregation (1991).
160. The literature dealing with the history of this divisive organizational structure of American education is substantial. See generally Samuel Bowles & Herbert Gintis, Schooling in Capitalist America: Educational Reform and the Contradictions of Economic Life (1976); Paula S. Fass, Outside In: Minorities and the Transformation of American Education (1989); Michael B. Katz, Reconstructing American Education (1987); Jonathan Kozol, Savage Inequalities: Children in America's Schools (1991); David B. Tyack, Constructing Difference: Historical Reflections on Schooling and Social Diversity, 95 Tchrs. C. Rec. 8 (1993); Tyack, supra note 51, at 104-25, 198-255; see also generally Gregory R. Weiher, The Fractured Metropolis: Political Fragmentation and Metropolitan Segregation (1991).
161. See infra notes 105-24 and accompanying text.
162. On the hidden curriculum, see Robert Dreeben, On What Is Learned in School (1968); Mario D. Fantini & Gerald Weinstein, The Disadvantaged: Challenge to Education 41-93 (1968); see also Michael Walzer, Spheres of Justice: A Defense of Pluralism and Equality 215 (1983) ("The content of the curriculum is probably less important than the human environment within which it is taught. . . . [S]o much of what we know we learn from our peers . . . .").
163. On the hidden curriculum, see Robert Dreeben, On What Is Learned in School (1968); Mario D. Fantini & Gerald Weinstein, The Disadvantaged: Challenge to Education 41-93 (1968); see also Michael Walzer, Spheres of Justice: A Defense of Pluralism and Equality 215 (1983) ("The content of the curriculum is probably less important than the human environment within which it is taught. . . . [S]o much of what we know we learn from our peers . . . .").
164. On the hidden curriculum, see Robert Dreeben, On What Is Learned in School (1968); Mario D. Fantini & Gerald Weinstein, The Disadvantaged: Challenge to Education 41-93 (1968); see also Michael Walzer, Spheres of Justice: A Defense of Pluralism and Equality 215 (1983) ("The content of the curriculum is probably less important than the human environment within which it is taught. . . . [S]o much of what we know we learn from our peers . . . .").
165. See National Commission on Excellence in Education, A Nation At Risk: The Imperative for Educational Reform: A Report to the Nation and the Secretary of Education 5, 18 (1983). On whether such a crisis actually exists, compare Chubb & Moe, supra note 65, at 1 ("The signs of poor performance were there for all to see . . . ."), with David B. Tyack & Larry Cuban, Tinkering Toward Utopia 38 (1995) ("The public schools . . . remain one of our most stable and effective [public] institutions.").
166. See National Commission on Excellence in Education, A Nation At Risk: The Imperative for Educational Reform: A Report to the Nation and the Secretary of Education 5, 18 (1983). On whether such a crisis actually exists, compare Chubb & Moe, supra note 65, at 1 ("The signs of poor performance were there for all to see . . . ."), with David B. Tyack & Larry Cuban, Tinkering Toward Utopia 38 (1995) ("The public schools . . . remain one of our most stable and effective [public] institutions.").
167. See National Commission on Excellence in Education, A Nation At Risk: The Imperative for Educational Reform: A Report to the Nation and the Secretary of Education 5, 18 (1983). On whether such a crisis actually exists, compare Chubb & Moe, supra note 65, at 1 ("The signs of poor performance were there for all to see . . . ."), with David B. Tyack & Larry Cuban, Tinkering Toward Utopia 38 (1995) ("The public schools . . . remain one of our most stable and effective [public] institutions.").
168. See Gary Orfield, Metropolitan School Desegregation: Impacts on Metropolitan Society, 80 Minn. L. Rev. 825, 855 (1996) [hereinafter Orfield, Metropolitan School Desegregation].
169. On the importance of the connection between housing and education, see Gary Orfield & Susan E. Eaton, Dismantling Desegregation: The Quiet Reversal of Brown v. Board of Education 291-330 (1996); Orfield, Metropolitan School Desegregation, supra note 77, at 854; Nancy A. Denton, The Persistence of Segregation: Links Between Residential Segregation and School Segregation, 80 Minn. L. Rev. 795, 795-97, 812-24 (1996); Gary Orfield, Housing and the Justification of School Segregation, 143 U. Pa. L. Rev. 1397 (1995) [hereinafter Orfield, Housing and School Segregation]. On the role of governmental housing policy, see Frug, The Geography of Community, supra note 23, at 1048, 1067-75.
170. On the importance of the connection between housing and education, see Gary Orfield & Susan E. Eaton, Dismantling Desegregation: The Quiet Reversal of Brown v. Board of Education 291-330 (1996); Orfield, Metropolitan School Desegregation, supra note 77, at 854; Nancy A. Denton, The Persistence of Segregation: Links Between Residential Segregation and School Segregation, 80 Minn. L. Rev. 795, 795-97, 812-24 (1996); Gary Orfield, Housing and the Justification of School Segregation, 143 U. Pa. L. Rev. 1397 (1995) [hereinafter Orfield, Housing and School Segregation]. On the role of governmental housing policy, see Frug, The Geography of Community, supra note 23, at 1048, 1067-75.
171. On the importance of the connection between housing and education, see Gary Orfield & Susan E. Eaton, Dismantling Desegregation: The Quiet Reversal of Brown v. Board of Education 291-330 (1996); Orfield, Metropolitan School Desegregation, supra note 77, at 854; Nancy A. Denton, The Persistence of Segregation: Links Between Residential Segregation and School Segregation, 80 Minn. L. Rev. 795, 795-97, 812-24 (1996); Gary Orfield, Housing and the Justification of School Segregation, 143 U. Pa. L. Rev. 1397 (1995) [hereinafter Orfield, Housing and School Segregation]. On the role of governmental housing policy, see Frug, The Geography of Community, supra note 23, at 1048, 1067-75.
172. On the importance of the connection between housing and education, see Gary Orfield & Susan E. Eaton, Dismantling Desegregation: The Quiet Reversal of Brown v. Board of Education 291-330 (1996); Orfield, Metropolitan School Desegregation, supra note 77, at 854; Nancy A. Denton, The Persistence of Segregation: Links Between Residential Segregation and School Segregation, 80 Minn. L. Rev. 795, 795-97, 812-24 (1996); Gary Orfield, Housing and the Justification of School Segregation, 143 U. Pa. L. Rev. 1397 (1995) [hereinafter Orfield, Housing and School Segregation]. On the role of governmental housing policy, see Frug, The Geography of Community, supra note 23, at 1048, 1067-75.
173. On the importance of the connection between housing and education, see Gary Orfield & Susan E. Eaton, Dismantling Desegregation: The Quiet Reversal of Brown v. Board of Education 291-330 (1996); Orfield, Metropolitan School Desegregation, supra note 77, at 854; Nancy A. Denton, The Persistence of Segregation: Links Between Residential Segregation and School Segregation, 80 Minn. L. Rev. 795, 795-97, 812-24 (1996); Gary Orfield, Housing and the Justification of School Segregation, 143 U. Pa. L. Rev. 1397 (1995) [hereinafter Orfield, Housing and School Segregation]. On the role of governmental housing policy, see Frug, The Geography of Community, supra note 23, at 1048, 1067-75.
174. Compare Lyndon Johnson, quoted in Tyack & Cuban, supra note 76, at 2 ("The answer to all our national problems comes down to a single word: education."), with Orfield & Eaton, supra note 78, at 291-361 (arguing for importance of integrated approach).
175. Compare Lyndon Johnson, quoted in Tyack & Cuban, supra note 76, at 2 ("The answer to all our national problems comes down to a single word: education."), with Orfield & Eaton, supra note 78, at 291-361 (arguing for importance of integrated approach).
176. See James Liebman, Voice Not Choice, 101 Yale L.J. 259, 278-80 (1991) (reviewing John E. Chubb & Terry M. Moe, Politics, Markets and America's Schools (1990)). On the history of compulsory education, see Michael Katz, School Reform: Past and Present 65-87 (1971); Tyack, supra note 51, at 68-71. On the controversy over tax supported education, see Kaestle, supra note 71, at 148-51.
177. See James Liebman, Voice Not Choice, 101 Yale L.J. 259, 278-80 (1991) (reviewing John E. Chubb & Terry M. Moe, Politics, Markets and America's Schools (1990)). On the history of compulsory education, see Michael Katz, School Reform: Past and Present 65-87 (1971); Tyack, supra note 51, at 68-71. On the controversy over tax supported education, see Kaestle, supra note 71, at 148-51.
178. See James Liebman, Voice Not Choice, 101 Yale L.J. 259, 278-80 (1991) (reviewing John E. Chubb & Terry M. Moe, Politics, Markets and America's Schools (1990)). On the history of compulsory education, see Michael Katz, School Reform: Past and Present 65-87 (1971); Tyack, supra note 51, at 68-71. On the controversy over tax supported education, see Kaestle, supra note 71, at 148-51.
179. See James Liebman, Voice Not Choice, 101 Yale L.J. 259, 278-80 (1991) (reviewing John E. Chubb & Terry M. Moe, Politics, Markets and America's Schools (1990)). On the history of compulsory education, see Michael Katz, School Reform: Past and Present 65-87 (1971); Tyack, supra note 51, at 68-71. On the controversy over tax supported education, see Kaestle, supra note 71, at 148-51.
180. See James Liebman, Voice Not Choice, 101 Yale L.J. 259, 278-80 (1991) (reviewing John E. Chubb & Terry M. Moe, Politics, Markets and America's Schools (1990)). On the history of compulsory education, see Michael Katz, School Reform: Past and Present 65-87 (1971); Tyack, supra note 51, at 68-71. On the controversy over tax supported education, see Kaestle, supra note 71, at 148-51.
181. See infra notes 119-24.
182. See Stanley Elam & Lowell Rose, Of the Public's Attitudes Toward the Public Schools, 77 Phi Delta Kappan, Sept. 1995, at 41, 46 (discussing public attitudes toward public school choice); Christine Rossell, Controlled-Choice Desegregation Plans, 31 Urb. Aff. Rev. 43, 53 (1995) (discussing public preference for neighborhood schools).
183. See Stanley Elam & Lowell Rose, Of the Public's Attitudes Toward the Public Schools, 77 Phi Delta Kappan, Sept. 1995, at 41, 46 (discussing public attitudes toward public school choice); Christine Rossell, Controlled-Choice Desegregation Plans, 31 Urb. Aff. Rev. 43, 53 (1995) (discussing public preference for neighborhood schools).
184. See infra notes 105-09.
185. See Frug, The Geography of Community, supra note 23, at 1067-75; see also infra notes 126-40 and accompanying text.
186. On attitudes toward school integration, see Jennifer L. Hochschild, The New American Dilemma: Liberal Democracy and School Desegregation 179-87 (1984); Orfield & Eaton, supra note 78, at 106-12; Orfield, Metropolitan School Desegregation, supra note 77, at 846-48; Gary Orfield, Public Opinion and School Desegregation, 96 Tchrs. C. Rec. 654, 655-68 (1995); see also Douglas S. Massey & Nancy A. Denton, American Apartheid: Segregation and the Making of the Underclass 88-96 (1993) (noting similar attitudes toward housing desegregation).
187. On attitudes toward school integration, see Jennifer L. Hochschild, The New American Dilemma: Liberal Democracy and School Desegregation 179-87 (1984); Orfield & Eaton, supra note 78, at 106-12; Orfield, Metropolitan School Desegregation, supra note 77, at 846-48; Gary Orfield, Public Opinion and School Desegregation, 96 Tchrs. C. Rec. 654, 655-68 (1995); see also Douglas S. Massey & Nancy A. Denton, American Apartheid: Segregation and the Making of the Underclass 88-96 (1993) (noting similar attitudes toward housing desegregation).
188. On attitudes toward school integration, see Jennifer L. Hochschild, The New American Dilemma: Liberal Democracy and School Desegregation 179-87 (1984); Orfield & Eaton, supra note 78, at 106-12; Orfield, Metropolitan School Desegregation, supra note 77, at 846-48; Gary Orfield, Public Opinion and School Desegregation, 96 Tchrs. C. Rec. 654, 655-68 (1995); see also Douglas S. Massey & Nancy A. Denton, American Apartheid: Segregation and the Making of the Underclass 88-96 (1993) (noting similar attitudes toward housing desegregation).
189. On attitudes toward school integration, see Jennifer L. Hochschild, The New American Dilemma: Liberal Democracy and School Desegregation 179-87 (1984); Orfield & Eaton, supra note 78, at 106-12; Orfield, Metropolitan School Desegregation, supra note 77, at 846-48; Gary Orfield, Public Opinion and School Desegregation, 96 Tchrs. C. Rec. 654, 655-68 (1995); see also Douglas S. Massey & Nancy A. Denton, American Apartheid: Segregation and the Making of the Underclass 88-96 (1993) (noting similar attitudes toward housing desegregation).
190. On attitudes toward school integration, see Jennifer L. Hochschild, The New American Dilemma: Liberal Democracy and School Desegregation 179-87 (1984); Orfield & Eaton, supra note 78, at 106-12; Orfield, Metropolitan School Desegregation, supra note 77, at 846-48; Gary Orfield, Public Opinion and School Desegregation, 96 Tchrs. C. Rec. 654, 655-68 (1995); see also Douglas S. Massey & Nancy A. Denton, American Apartheid: Segregation and the Making of the Underclass 88-96 (1993) (noting similar attitudes toward housing desegregation).
191. 678 A.2d 1267 (Conn. 1996).
192. Id. at 1274 (emphasis omitted).
193. See, e.g., Edgewood Indep. Sch. Dist. v. Kirby, 777 S.W.2d 391, 392-93, 396-97 (Tex. 1989) (finding that school financing system based on local district financing violates state constitution).
194. 418 U.S. 717 (1974).
195. 515 U.S. 70 (1995). For the comparison between the most segregated states in the nation (Illinois, Michigan, New York, and New Jersey) and the least segregated (those in the South), see Orfield & Eaton, supra note 78, at 57-60. In the Detroit metropolitan area, at issue in Milliken, black students are now more segregated than in any other metropolitan area except Chicago, rising from 72% at the time the case was decided to 89% 20 years later. See Orfield & Eaton, supra note 78, at 294, 314-15; cf. Missouri v. Jenkins, 515 U.S. 70, 116 (1995) (Thomas, J., concurring) ("The continuing 'racial isolation' of schools after de jure segregation has ended may well reflect voluntary housing choices or other private decisions.").
196. 515 U.S. 70 (1995). For the comparison between the most segregated states in the nation (Illinois, Michigan, New York, and New Jersey) and the least segregated (those in the South), see Orfield & Eaton, supra note 78, at 57-60. In the Detroit metropolitan area, at issue in Milliken, black students are now more segregated than in any other metropolitan area except Chicago, rising from 72% at the time the case was decided to 89% 20 years later. See Orfield & Eaton, supra note 78, at 294, 314-15; cf. Missouri v. Jenkins, 515 U.S. 70, 116 (1995) (Thomas, J., concurring) ("The continuing 'racial isolation' of schools after de jure segregation has ended may well reflect voluntary housing choices or other private decisions.").
197. See Liebman, supra note 80, at 299-300; supra note 46. Albert Hirschman observed decades ago that creating zones to which people with sufficient wealth can escape generates a dynamic that undermines the public educational system throughout the rest of the region. See Hirschman, supra note 46, at 45-54, 100-02. Hirschman analyzed only the impact of private schools on public schools and spoke only of customers leaving the public schools to seek greater educational "quality." But an equivalent dynamic of exit occurs between prosperous suburbs and surrounding communities, and the search for "quality" is often equated with a search for prosperous, homogeneous schools. Indeed, the similarity between the impact of suburbanization and Hirschman's discussion of private schools illustrates the ways in which privileged suburban schools are already privatized. For a discussion of the impact of private schools, see infra notes 114-24 and accompanying text.
198. See Liebman, supra note 80, at 299-300; supra note 46. Albert Hirschman observed decades ago that creating zones to which people with sufficient wealth can escape generates a dynamic that undermines the public educational system throughout the rest of the region. See Hirschman, supra note 46, at 45-54, 100-02. Hirschman analyzed only the impact of private schools on public schools and spoke only of customers leaving the public schools to seek greater educational "quality." But an equivalent dynamic of exit occurs between prosperous suburbs and surrounding communities, and the search for "quality" is often equated with a search for prosperous, homogeneous schools. Indeed, the similarity between the impact of suburbanization and Hirschman's discussion of private schools illustrates the ways in which privileged suburban schools are already privatized. For a discussion of the impact of private schools, see infra notes 114-24 and accompanying text.
199. Orfield & Eaton, supra note 78, at 309.
200. See id. at 53; see also Orfield, Metropolitan School Desegregation, supra note 77, at 831. See generally David R. James, City Limits on Racial Equality: The Effects of City-Suburb Boundaries on Public School Desegregation, 1968-1976, 54 Am. Soc. Rev. 963, 963-64, 971, 982-83 (1989).
201. See id. at 53; see also Orfield, Metropolitan School Desegregation, supra note 77, at 831. See generally David R. James, City Limits on Racial Equality: The Effects of City-Suburb Boundaries on Public School Desegregation, 1968-1976, 54 Am. Soc. Rev. 963, 963-64, 971, 982-83 (1989).
202. This is due, in part, to the fact that only two other states have, like Connecticut, an explicit state constitutional prohibition against segregated education. See Sheff v. O'Neill, 678 A.2d 1267, 1281 n.29 (Conn. 1996). In addition, as the dissent points out, the proposition that even Connecticut's constitutional provision was intended to undo state districting statutes is by no means obvious. See id. at 1314-27 (Borden, J., dissenting).
203. See id. at 1330-33 (Borden, J., dissenting); see also Hochschild, supra note 85, at 190-92; Orfield, Metropolitan School Desegregation, supra note 77, at 844.
204. See id. at 1330-33 (Borden, J., dissenting); see also Hochschild, supra note 85, at 190-92; Orfield, Metropolitan School Desegregation, supra note 77, at 844.
205. See Tyack & Cuban, supra note 76, at 19.
206. See Census Bureau, supra note 1, at 34-35. The number of school districts has stabilized since 1972. See Orfield, Metropolitan School Desegregation, supra note 77, at 836, 845-46.
207. Whether a change in this policy would increase the number of students bused to school depends on local conditions. Sometimes redistricting lowers the distance children travel. See Hochschild, supra note 85, at 67. In any event, 50% of American schoolchildren are already bused to school, albeit not for purposes of community building. See id. at 62. Moreover, the location of schools - and not just of the houses in which students live - is an important factor in determining whether districting promotes segregation or diversity.
208. On school siting, see Orfield & Eaton, supra note 78, at 328-29;
209. Meyer Weinberg, Race and Place: A Legal History of the Neighborhood School 27-33 (1967).
210. See supra text accompanying notes 55-56.
211. In San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1 (1973), Justice Powell's majority opinion contended that, in part, "local control means . . . the freedom to devote more money to the education of one's children." Id. at 49. The term "one's children" was cleverly chosen: it makes the fact that local financing also entails spending money on other people's children disappear.
212. See Frug, Local Government Law, supra note 25, at 412 n.2 (collecting cases). Tax incentives given businesses to entice them to move to town also have a bizarre effect on metropolitan educational planning. The addition of the new business adds more demands on the school system, while the tax breaks produce less money for education. See Tamar Lewin, Tax Breaks Squeeze Schools in Cleveland, N.Y. Times, May 21, 1997, at B8.
213. See Frug, Local Government Law, supra note 25, at 412 n.2 (collecting cases). Tax incentives given businesses to entice them to move to town also have a bizarre effect on metropolitan educational planning. The addition of the new business adds more demands on the school system, while the tax breaks produce less money for education. See Tamar Lewin, Tax Breaks Squeeze Schools in Cleveland, N.Y. Times, May 21, 1997, at B8.
214. See Edgewood Indep. Sch. Dist. v. Kirby, 34 Tex. Sup. Ct. J. 368 (1991) (approving supplementation of state funding by locally raised taxes).
215. Cities could help make these neighborhoods desirable in many ways, not simply by increasing their school budgets. Low interest mortgage financing could also be offered to families who move to them. See Orfield & Eaton, supra note 78, at 325-27; see also Orfield, Housing and School Segregation, supra note 78, at 1405. And they could also be exempted from metropolitan-wide integration efforts. See id.
216. Cities could help make these neighborhoods desirable in many ways, not simply by increasing their school budgets. Low interest mortgage financing could also be offered to families who move to them. See Orfield & Eaton, supra note 78, at 325-27; see also Orfield, Housing and School Segregation, supra note 78, at 1405. And they could also be exempted from metropolitan-wide integration efforts. See id.
217. Cities could help make these neighborhoods desirable in many ways, not simply by increasing their school budgets. Low interest mortgage financing could also be offered to families who move to them. See Orfield & Eaton, supra note 78, at 325-27; see also Orfield, Housing and School Segregation, supra note 78, at 1405. And they could also be exempted from metropolitan-wide integration efforts. See id.
218. See Hochschild, supra note 85, at 65; James Liebman, Desegregating Politics: "All-Out" School Desegregation Explained, 90 Colum. L. Rev. 1463, 1627 (1990) (collecting authorities).
219. See Hochschild, supra note 85, at 65; James Liebman, Desegregating Politics: "All-Out" School Desegregation Explained, 90 Colum. L. Rev. 1463, 1627 (1990) (collecting authorities).
220. For a discussion of "controlled choice," see Chubb & Moe, supra note 65, at 206-15;
221. Public Schools by Choice: Expanding Opportunities for Parents, Students, and Teachers 253 (Joe Nathan ed., 1989) [hereinafter Expanding Opportunities] (discussing possible future challenges facing school districts and states expanding choice among public schools);
222. Michael J. Alves & Charles V. Willie, Controlled Choice Assignments: A New and More Effective Approach to School Desegregation, 19 Urb. Rev. 67, 74-75 (1987);
223. Angela G. Smith, Public School Choice and Open Enrollment: Implications for Education, Desegregation, and Equity, 74 Neb. L. Rev. 255, 262 (1995).
224. For a state by state survey, see Peter W. Cookson, Jr., School Choice: The Struggle for the Soul of American Education 139-52 (1994).
225. For a critique, see Rossell, supra note 82, at 53.
226. For a discussion of the Cambridge plan, see Cambridge Public School Department, The Cambridge Controlled Choice School District Desegregation Plan (1992); Expanding Opportunities, supra note 105, at 125-48; see also Chubb & Moe, supra note 65, at 210-12. There are limits to the emphasis on diversity in Cambridge. The Cambridge plan originally gave no preference to children who lived near a school, but it later reestablished such a preference for city residents, thereby increasing the racial imbalance within the city's public schools. See Charles V. Willie et al., Planning Report on Controlled Choice and School Facilities 5, 29-31, 34 (1996). On the importance of eliminating attendance boundaries within Cambridge, see Alves & Willie, supra note 105, at 76, 81-87.
227. For a discussion of the Cambridge plan, see Cambridge Public School Department, The Cambridge Controlled Choice School District Desegregation Plan (1992); Expanding Opportunities, supra note 105, at 125-48; see also Chubb & Moe, supra note 65, at 210-12. There are limits to the emphasis on diversity in Cambridge. The Cambridge plan originally gave no preference to children who lived near a school, but it later reestablished such a preference for city residents, thereby increasing the racial imbalance within the city's public schools. See Charles V. Willie et al., Planning Report on Controlled Choice and School Facilities 5, 29-31, 34 (1996). On the importance of eliminating attendance boundaries within Cambridge, see Alves & Willie, supra note 105, at 76, 81-87.
228. For a discussion of the Cambridge plan, see Cambridge Public School Department, The Cambridge Controlled Choice School District Desegregation Plan (1992); Expanding Opportunities, supra note 105, at 125-48; see also Chubb & Moe, supra note 65, at 210-12. There are limits to the emphasis on diversity in Cambridge. The Cambridge plan originally gave no preference to children who lived near a school, but it later reestablished such a preference for city residents, thereby increasing the racial imbalance within the city's public schools. See Charles V. Willie et al., Planning Report on Controlled Choice and School Facilities 5, 29-31, 34 (1996). On the importance of eliminating attendance boundaries within Cambridge, see Alves & Willie, supra note 105, at 76, 81-87.
229. For a discussion of the Cambridge plan, see Cambridge Public School Department, The Cambridge Controlled Choice School District Desegregation Plan (1992); Expanding Opportunities, supra note 105, at 125-48; see also Chubb & Moe, supra note 65, at 210-12. There are limits to the emphasis on diversity in Cambridge. The Cambridge plan originally gave no preference to children who lived near a school, but it later reestablished such a preference for city residents, thereby increasing the racial imbalance within the city's public schools. See Charles V. Willie et al., Planning Report on Controlled Choice and School Facilities 5, 29-31, 34 (1996). On the importance of eliminating attendance boundaries within Cambridge, see Alves & Willie, supra note 105, at 76, 81-87.
230. For a discussion of the Cambridge plan, see Cambridge Public School Department, The Cambridge Controlled Choice School District Desegregation Plan (1992); Expanding Opportunities, supra note 105, at 125-48; see also Chubb & Moe, supra note 65, at 210-12. There are limits to the emphasis on diversity in Cambridge. The Cambridge plan originally gave no preference to children who lived near a school, but it later reestablished such a preference for city residents, thereby increasing the racial imbalance within the city's public schools. See Charles V. Willie et al., Planning Report on Controlled Choice and School Facilities 5, 29-31, 34 (1996). On the importance of eliminating attendance boundaries within Cambridge, see Alves & Willie, supra note 105, at 76, 81-87.
231. The requirement of having "room" is common in interdistrict plans. See, e.g., Minn. Stat. § 120.062 (1990). Even a recent proposal for Connecticut, which would not allow cities to opt out of participation, would keep the requirement of having "room." See Jonathan Rabinovitz, Report Urges School Choice in Connecticut, N.Y. Times, Jan. 23, 1997, at B1. On interdistrict plans generally, see Abigail Thernstrom, School Choice in Massachusetts 67-93 (1991); Smith, supra note 105, at 273-74.
232. The requirement of having "room" is common in interdistrict plans. See, e.g., Minn. Stat. § 120.062 (1990). Even a recent proposal for Connecticut, which would not allow cities to opt out of participation, would keep the requirement of having "room." See Jonathan Rabinovitz, Report Urges School Choice in Connecticut, N.Y. Times, Jan. 23, 1997, at B1. On interdistrict plans generally, see Abigail Thernstrom, School Choice in Massachusetts 67-93 (1991); Smith, supra note 105, at 273-74.
233. The requirement of having "room" is common in interdistrict plans. See, e.g., Minn. Stat. § 120.062 (1990). Even a recent proposal for Connecticut, which would not allow cities to opt out of participation, would keep the requirement of having "room." See Jonathan Rabinovitz, Report Urges School Choice in Connecticut, N.Y. Times, Jan. 23, 1997, at B1. On interdistrict plans generally, see Abigail Thernstrom, School Choice in Massachusetts 67-93 (1991); Smith, supra note 105, at 273-74.
234. See, e.g., Cookson, supra note 105, at 45; Jonathan Rabinovitz, In Suburbs A Stealthy War Against Infiltrating Students, N.Y. Times, Nov. 6, 1992, at A1. In the 1960s, choice was proposed to retard integration, not to advance it. See Green v. County Sch. Bd., 391 U.S. 430, 441 (1968) (disapproving "freedom of choice" plan that led to perpetuation of dual system). Such a result could occur again unless the rules that structure school choice were designed to prevent such a result. See generally Who Chooses? Who Loses?: Culture, Institutions, and the Unequal Effects of School Choice (Bruce Fuller & Richard F. Elmore eds., 1996) [hereinafter Who Chooses? Who Loses?]. For ideas about making school choice effective for low income, minority students, see id. at 187-200.
235. See, e.g., Cookson, supra note 105, at 45; Jonathan Rabinovitz, In Suburbs A Stealthy War Against Infiltrating Students, N.Y. Times, Nov. 6, 1992, at A1. In the 1960s, choice was proposed to retard integration, not to advance it. See Green v. County Sch. Bd., 391 U.S. 430, 441 (1968) (disapproving "freedom of choice" plan that led to perpetuation of dual system). Such a result could occur again unless the rules that structure school choice were designed to prevent such a result. See generally Who Chooses? Who Loses?: Culture, Institutions, and the Unequal Effects of School Choice (Bruce Fuller & Richard F. Elmore eds., 1996) [hereinafter Who Chooses? Who Loses?]. For ideas about making school choice effective for low income, minority students, see id. at 187-200.
236. See, e.g., Cookson, supra note 105, at 45; Jonathan Rabinovitz, In Suburbs A Stealthy War Against Infiltrating Students, N.Y. Times, Nov. 6, 1992, at A1. In the 1960s, choice was proposed to retard integration, not to advance it. See Green v. County Sch. Bd., 391 U.S. 430, 441 (1968) (disapproving "freedom of choice" plan that led to perpetuation of dual system). Such a result could occur again unless the rules that structure school choice were designed to prevent such a result. See generally Who Chooses? Who Loses?: Culture, Institutions, and the Unequal Effects of School Choice (Bruce Fuller & Richard F. Elmore eds., 1996) [hereinafter Who Chooses? Who Loses?]. For ideas about making school choice effective for low income, minority students, see id. at 187-200.
237. See, e.g., Cookson, supra note 105, at 45; Jonathan Rabinovitz, In Suburbs A Stealthy War Against Infiltrating Students, N.Y. Times, Nov. 6, 1992, at A1. In the 1960s, choice was proposed to retard integration, not to advance it. See Green v. County Sch. Bd., 391 U.S. 430, 441 (1968) (disapproving "freedom of choice" plan that led to perpetuation of dual system). Such a result could occur again unless the rules that structure school choice were designed to prevent such a result. See generally Who Chooses? Who Loses?: Culture, Institutions, and the Unequal Effects of School Choice (Bruce Fuller & Richard F. Elmore eds., 1996) [hereinafter Who Chooses? Who Loses?]. For ideas about making school choice effective for low income, minority students, see id. at 187-200.
238. See Who Chooses? Who Loses?, supra note 108, at 190-200;
239. Note, The Limits of Choice: School Choice Reform and State Constitutional Guarantees of Educational Equality, 109 Harv. L. Rev. 2002, 2004-09 (1996). Forcing students to attend an inadequate school seems, however, an unacceptable way to preserve neighborhood schools in America's central cities.
240. The availability of transportation is generally seen as an important ingredient in school choice plans that focus on diversity as a goal. See John Coons & Stephen Sugarman, Education By Choice: The Case for Family Control 162 (1978).
241. See Hunter v. Pittsburgh, 207 U.S. 161, 179 (1907) (upholding constitutionality of state law permitting Pittsburgh to annex neighboring municipality without its consent).
242. See Hochschild, supra note 85, at 57; J. Anthony Lukas, Common Ground: A Turbulent Decade in the Lives of Three American Families (1985).
243. See Hochschild, supra note 85, at 57; J. Anthony Lukas, Common Ground: A Turbulent Decade in the Lives of Three American Families (1985).
244. Building a decentralized school system does not depend on knowing in advance the identity of those who are eligible to attend each school. The argument that a truly open school would generate impossible administrative problems - see, e.g., Milliken v. Bradley, 418 U.S. 717, 743 (1974) - is therefore vastly overstated. See generally Frug, Decentering Decentralization, supra note 37, at 328-34.
245. See Robert Reich, The Secession of the Successful, N.Y. Times, Jan. 20, 1991, at 16.
246. See Hochschild, supra note 85, at 183-88; Orfield & Eaton, supra note 78, at 111, 179-206, 316-17; Finis Welch & Audrey Light, New Evidence on School Desegregation 6, 59-62 (1987). Overall, there has been no major shift of whites from public to private schools in America, notwithstanding the integration of the public schools. See Orfield & Eaton, supra note 78, at 61-63; Welch & Light, supra, at 4, 13-15.
247. See Hochschild, supra note 85, at 183-88; Orfield & Eaton, supra note 78, at 111, 179-206, 316-17; Finis Welch & Audrey Light, New Evidence on School Desegregation 6, 59-62 (1987). Overall, there has been no major shift of whites from public to private schools in America, notwithstanding the integration of the public schools. See Orfield & Eaton, supra note 78, at 61-63; Welch & Light, supra, at 4, 13-15.
248. See Hochschild, supra note 85, at 183-88; Orfield & Eaton, supra note 78, at 111, 179-206, 316-17; Finis Welch & Audrey Light, New Evidence on School Desegregation 6, 59-62 (1987). Overall, there has been no major shift of whites from public to private schools in America, notwithstanding the integration of the public schools. See Orfield & Eaton, supra note 78, at 61-63; Welch & Light, supra, at 4, 13-15.
249. See Hochschild, supra note 85, at 183-88; Orfield & Eaton, supra note 78, at 111, 179-206, 316-17; Finis Welch & Audrey Light, New Evidence on School Desegregation 6, 59-62 (1987). Overall, there has been no major shift of whites from public to private schools in America, notwithstanding the integration of the public schools. See Orfield & Eaton, supra note 78, at 61-63; Welch & Light, supra, at 4, 13-15.
250. See Hochschild, supra note 85, at 183-88; Orfield & Eaton, supra note 78, at 111, 179-206, 316-17; Finis Welch & Audrey Light, New Evidence on School Desegregation 6, 59-62 (1987). Overall, there has been no major shift of whites from public to private schools in America, notwithstanding the integration of the public schools. See Orfield & Eaton, supra note 78, at 61-63; Welch & Light, supra, at 4, 13-15.
251. On private school enrollment, see National Center for Educational Statistics, Private Schools in the United States: A Statistical Profile, with Comparison to Public Schools 33 (1991). Eighty-five percent of private school students attend religious schools, and a majority of these attend Catholic schools. See id. at xiii, 34. On Catholic schools, see Fass, supra note 73, at 189-228; Sol Stern, The Invisible Miracle of Catholic Schools, 6 City J. 14, 15 (1996). On the impact of private schools on school choice, see Cookson, supra note 105, at 95-97; Peter Cookson, United States of America: Contours of Continuity and Controversy in Private Schools, in Private Schools in Ten Countries 57-84 (Geoffrey Walford ed., 1989).
252. On private school enrollment, see National Center for Educational Statistics, Private Schools in the United States: A Statistical Profile, with Comparison to Public Schools 33 (1991). Eighty-five percent of private school students attend religious schools, and a majority of these attend Catholic schools. See id. at xiii, 34. On Catholic schools, see Fass, supra note 73, at 189-228; Sol Stern, The Invisible Miracle of Catholic Schools, 6 City J. 14, 15 (1996). On the impact of private schools on school choice, see Cookson, supra note 105, at 95-97; Peter Cookson, United States of America: Contours of Continuity and Controversy in Private Schools, in Private Schools in Ten Countries 57-84 (Geoffrey Walford ed., 1989).
253. On private school enrollment, see National Center for Educational Statistics, Private Schools in the United States: A Statistical Profile, with Comparison to Public Schools 33 (1991). Eighty-five percent of private school students attend religious schools, and a majority of these attend Catholic schools. See id. at xiii, 34. On Catholic schools, see Fass, supra note 73, at 189-228; Sol Stern, The Invisible Miracle of Catholic Schools, 6 City J. 14, 15 (1996). On the impact of private schools on school choice, see Cookson, supra note 105, at 95-97; Peter Cookson, United States of America: Contours of Continuity and Controversy in Private Schools, in Private Schools in Ten Countries 57-84 (Geoffrey Walford ed., 1989).
254. On private school enrollment, see National Center for Educational Statistics, Private Schools in the United States: A Statistical Profile, with Comparison to Public Schools 33 (1991). Eighty-five percent of private school students attend religious schools, and a majority of these attend Catholic schools. See id. at xiii, 34. On Catholic schools, see Fass, supra note 73, at 189-228; Sol Stern, The Invisible Miracle of Catholic Schools, 6 City J. 14, 15 (1996). On the impact of private schools on school choice, see Cookson, supra note 105, at 95-97; Peter Cookson, United States of America: Contours of Continuity and Controversy in Private Schools, in Private Schools in Ten Countries 57-84 (Geoffrey Walford ed., 1989).
255. On private school enrollment, see National Center for Educational Statistics, Private Schools in the United States: A Statistical Profile, with Comparison to Public Schools 33 (1991). Eighty-five percent of private school students attend religious schools, and a majority of these attend Catholic schools. See id. at xiii, 34. On Catholic schools, see Fass, supra note 73, at
256. On private school enrollment, see National Center for Educational Statistics, Private Schools in the United States: A Statistical Profile, with Comparison to Public Schools 33 (1991). Eighty-five percent of private school students attend religious schools, and a majority of these attend Catholic schools. See id. at xiii, 34. On Catholic schools, see Fass, supra note 73, at 189-228; Sol Stern, The Invisible Miracle of Catholic Schools, 6 City J. 14, 15 (1996). On the impact of private schools on school choice, see Cookson, supra note 105, at 95-97; Peter Cookson, United States of America: Contours of Continuity and Controversy in Private Schools, in Private Schools in Ten Countries 57-84 (Geoffrey Walford ed., 1989).
257. Current government support for private schools includes, for example, their exemption from property and sales taxes and the funding of private school transportation. See Liebman, supra note 80, at 1664. On the impact and culture of elite private schools on their student bodies, see generally Peter Cookson & Caroline Persell, Preparing for Power: America's Elite Boarding Schools (1985).
258. Current government support for private schools includes, for example, their exemption from property and sales taxes and the funding of private school transportation. See Liebman, supra note 80, at 1664. On the impact and culture of elite private schools on their student bodies, see generally Peter Cookson & Caroline Persell, Preparing for Power: America's Elite Boarding Schools (1985).
259. For an analysis of making attendance at public school compulsory, see Liebman, supra note 80, at 1664; see also Coons & Sugarman, supra note 110, at 209-11. For an account of Oregon's experience in making public schooling compulsory, see David Tyack et al., Law and the Shaping of Public Education, 1785-1954, at 177-92 (1987).
260. For an analysis of making attendance at public school compulsory, see Liebman, supra note 80, at 1664; see also Coons & Sugarman, supra note 110, at 209-11. For an account of Oregon's experience in making public schooling compulsory, see David Tyack et al., Law and the Shaping of Public Education, 1785-1954, at 177-92 (1987).
261. For an analysis of making attendance at public school compulsory, see Liebman, supra note 80, at 1664; see also Coons & Sugarman, supra note 110, at 209-11. For an account of Oregon's experience in making public schooling compulsory, see David Tyack et al., Law and the Shaping of Public Education, 1785-1954, at 177-92 (1987).
262. The most influential current proposal along these lines is by Chubb and Moe. They stress the importance of school autonomy, see Chubb & Moe, supra note 65, at 23, and homogeneity, see id. at 62-64.
263. They view heterogeneity with alarm, see id. at 64 ("The nation's large cities are teeming with diverse, conflicting interests . . . ."), and view suburban homogeneity as the product not of government policy but of luck, see id. at 64 ("[S]uburban schools are lucky. They are most likely to be blessed with relatively homogeneous, problem-free environments . . . ."). To protect school autonomy and homogeneity, they consider control by admissions officers critical. According to their proposal: Schools will make their own admissions decision, subject only to antidiscrimination requirements. This is absolutely crucial . . . . Schools must be free to admit as many or as few students as they want, based on whatever criteria they think relevant - intelligence, interest, motivation, behavior, special needs - and they must be free to exercise their own, informal judgment about individual applicants. Id. at 221-22. They nevertheless label their vision of the schools a "truly public system." Id. at 225 ("[T]hese changes have nothing to do with 'privatizing' the nation's schools."). For critiques of their proposal, see Cookson, supra note 105, at 83-86;
264. Liebman, supra note 104, at 1648.
265. The most influential school choice proposal that rejects allowing schools to set their own admission standards is by John Coons and Stephen Sugarman. See Coons & Sugarman, supra note 110, at 135-45.
266. Milton Friedman's original voucher proposal contemplated allowing schools to charge more than the government subsidy. See Milton Friedman, Capitalism and Freedom 89 (1962). While Chubb and Moe reject this option, they do allow school districts to tax their residents to spend more per child than the public subsidy allows, thereby perpetuating the well known inequalities of locally based school financing. See Chubb & Moe, supra note 65, at 220. For an attempt to design a school choice program that would overcome this inequality, see Coons & Sugarman, supra note 110, at 190-211.
267. Milton Friedman's original voucher proposal contemplated allowing schools to charge more than the government subsidy. See Milton Friedman, Capitalism and Freedom 89 (1962). While Chubb and Moe reject this option, they do allow school districts to tax their residents to spend more per child than the public subsidy allows, thereby perpetuating the well known inequalities of locally based school financing. See Chubb & Moe, supra note 65, at 220. For an attempt to design a school choice program that would overcome this inequality, see Coons & Sugarman, supra note 110, at 190-211.
268. Milton Friedman's original voucher proposal contemplated allowing schools to charge more than the government subsidy. See Milton Friedman, Capitalism and Freedom 89 (1962). While Chubb and Moe reject this option, they do allow school districts to tax their residents to spend more per child than the public subsidy allows, thereby perpetuating the well known inequalities of locally based school financing. See Chubb & Moe, supra note 65, at 220. For an attempt to design a school choice program that would overcome this inequality, see Coons & Sugarman, supra note 110, at 190-211.
269. Chubb and Moe envision allowing current private schools to be certified as "public," see Chubb & Moe, supra note 65, at 219, while Coons and Sugarman allow private schools, as such, to participate in a school choice program, see Coons & Sugarman, supra note 110, at 153-66. As I see it, however, none of Chubb and Moe's schools, whatever their label, are public schools, while Coons and Sugarman's schools, given their lack of control over school admissions, could all be considered public schools.
270. Chubb and Moe envision allowing current private schools to be certified as "public," see Chubb & Moe, supra note 65, at 219, while Coons and Sugarman allow private schools, as such, to participate in a school choice program, see Coons & Sugarman, supra note 110, at 153-66. As I see it, however, none of Chubb and Moe's schools, whatever their label, are public schools, while Coons and Sugarman's schools, given their lack of control over school admissions, could all be considered public schools.
271. See Coons & Sugarman, supra note 110, at 135-45; Hirschman, supra note 46, at 45-54, 100-02.
272. See Coons & Sugarman, supra note 110, at 135-45; Hirschman, supra note 46, at 45-54, 100-02.
273. Reliance on antidiscrimination laws is conventional in school choice proposals. See, e.g., Chubb & Moe, supra note 65, at 211; Cookson, supra note 105, at 134. But the authors rarely take into account the development of discrimination law after Washington v. Davis, 426 U.S. 229 (1976) (holding that law that has racially disproportionate impact is unconstitutional only if it has racially discriminatory purpose). For a chilling, yet persuasive, account of the current relationship between suburban and central schools, see Michael Winerip, City-Suburban Tensions in Ohio Show It's Not Just a Game, N.Y. Times, Mar. 17, 1996, at 22.
274. Reliance on antidiscrimination laws is conventional in school choice proposals. See, e.g., Chubb & Moe, supra note 65, at 211; Cookson, supra note 105, at 134. But the authors rarely take into account the development of discrimination law after Washington v. Davis, 426 U.S. 229 (1976) (holding that law that has racially disproportionate impact is unconstitutional only if it has racially discriminatory purpose). For a chilling, yet persuasive, account of the current relationship between suburban and central schools, see Michael Winerip, City-Suburban Tensions in Ohio Show It's Not Just a Game, N.Y. Times, Mar. 17, 1996, at 22.
275. Reliance on antidiscrimination laws is conventional in school choice proposals. See, e.g., Chubb & Moe, supra note 65, at 211; Cookson, supra note 105, at 134. But the authors rarely take into account the development of discrimination law after Washington v. Davis, 426 U.S. 229 (1976) (holding that law that has racially disproportionate impact is unconstitutional only if it has racially discriminatory purpose). For a chilling, yet persuasive, account of the current relationship between suburban and central schools, see Michael Winerip, City-Suburban Tensions in Ohio Show It's Not Just a Game, N.Y. Times, Mar. 17, 1996, at 22.
276. From a community building perspective, the critical issue about charter schools - like that for school choice - is whether these new, innovative "public" schools (and that is what they are envisioned as being) have open admission requirements. Many state statutes now require charter schools to have some form of open admission. New Jersey, for example, prohibits discrimination on the basis of intellectual ability and requires admission by lottery, albeit after giving a preference to residents of the school district in which the school is located. See N.J. Stat. Ann. §§ 18A:36A-7 to -8 (West 1997). But the arguments for charter schools often take on a consumer-oriented stance. See, e.g., Paul T. Hill, Reinventing Public Education: The Charter Concept Can Work for Entire School Systems, 8 The New Democrat 11 (Nov.-Dec. 1996). On charter schools, see generally Michael Mintrom & Sandra Vegari, Charter Schools as a State Policy Innovation: Assessing Recent Developments, 29 St. & Loc. Gov't Rev. 43 (Winter 1997); Joe Nathan, Charter Schools: Creating Hope and Opportunity for American Education (1996); American Federation of Teachers, Charter Schools: Do They Measure Up? (1996); Rebecca Sullivan, Contracts for Excellence: An Exploration of the Charter School Movement (unpublished manuscript, on file with author).
277. From a community building perspective, the critical issue about charter schools - like that for school choice - is whether these new, innovative "public" schools (and that is what they are envisioned as being) have open admission requirements. Many state statutes now require charter schools to have some form of open admission. New Jersey, for example, prohibits discrimination on the basis of intellectual ability and requires admission by lottery, albeit after giving a preference to residents of the school district in which the school is located. See N.J. Stat. Ann. §§ 18A:36A-7 to -8 (West 1997). But the arguments for charter schools often take on a consumer-oriented stance. See, e.g., Paul T. Hill, Reinventing Public Education: The Charter Concept Can Work for Entire School Systems, 8 The New Democrat 11 (Nov.-Dec. 1996). On charter schools, see generally Michael Mintrom & Sandra Vegari, Charter Schools as a State Policy Innovation: Assessing Recent Developments, 29 St. & Loc. Gov't Rev. 43 (Winter 1997); Joe Nathan, Charter Schools: Creating Hope and Opportunity for American Education (1996); American Federation of Teachers, Charter Schools: Do They Measure Up? (1996); Rebecca Sullivan, Contracts for Excellence: An Exploration of the Charter School Movement (unpublished manuscript, on file with author).
278. From a community building perspective, the critical issue about charter schools - like that for school choice - is whether these new, innovative "public" schools (and that is what they are envisioned as being) have open admission requirements. Many state statutes now require charter schools to have some form of open admission. New Jersey, for example, prohibits discrimination on the basis of intellectual ability and requires admission by lottery, albeit after giving a preference to residents of the school district in which the school is located. See N.J. Stat. Ann. §§ 18A:36A-7 to -8 (West 1997). But the arguments for charter schools often take on a consumer-oriented stance. See, e.g., Paul T. Hill, Reinventing Public Education: The Charter Concept Can Work for Entire School Systems, 8 The New Democrat 11 (Nov.-Dec. 1996). On charter schools, see generally Michael Mintrom & Sandra Vegari, Charter Schools as a State Policy Innovation: Assessing Recent Developments, 29 St. & Loc. Gov't Rev. 43 (Winter 1997); Joe Nathan, Charter Schools: Creating Hope and Opportunity for American Education (1996); American Federation of Teachers, Charter Schools: Do They Measure Up? (1996); Rebecca Sullivan, Contracts for Excellence: An Exploration of the Charter School Movement (unpublished manuscript, on file with author).
279. From a community building perspective, the critical issue about charter schools - like that for school choice - is whether these new, innovative "public" schools (and that is what they are envisioned as being) have open admission requirements. Many state statutes now require charter schools to have some form of open admission. New Jersey, for example, prohibits discrimination on the basis of intellectual ability and requires admission by lottery, albeit after giving a preference to residents of the school district in which the school is located. See N.J. Stat. Ann. §§ 18A:36A-7 to -8 (West 1997). But the arguments for charter schools often take on a consumer-oriented stance. See, e.g., Paul T. Hill, Reinventing Public Education: The Charter Concept Can Work for Entire School Systems, 8 The New Democrat 11 (Nov.-Dec. 1996). On charter schools, see generally Michael Mintrom & Sandra Vegari, Charter Schools as a State Policy Innovation: Assessing Recent Developments, 29 St. & Loc. Gov't Rev. 43 (Winter 1997); Joe Nathan, Charter Schools: Creating Hope and Opportunity for American Education (1996); American Federation of Teachers, Charter Schools: Do They Measure Up? (1996); Rebecca Sullivan, Contracts for Excellence: An Exploration of the Charter School Movement (unpublished manuscript, on file with author).
280. From a community building perspective, the critical issue about charter schools - like that for school choice - is whether these new, innovative "public" schools (and that is what they are envisioned as being) have open admission requirements. Many state statutes now require charter schools to have some form of open admission. New Jersey, for example, prohibits discrimination on the basis of intellectual ability and requires admission by lottery, albeit after giving a preference to residents of the school district in which the school is located. See N.J. Stat. Ann. §§ 18A:36A-7 to -8 (West 1997). But the arguments for charter schools often take on a consumer-oriented stance. See, e.g., Paul T. Hill, Reinventing Public Education: The Charter Concept Can Work for Entire School Systems, 8 The New Democrat 11 (Nov.-Dec. 1996). On charter schools, see generally Michael Mintrom & Sandra Vegari, Charter Schools as a State Policy Innovation: Assessing Recent Developments, 29 St. & Loc. Gov't Rev. 43 (Winter 1997); Joe Nathan, Charter Schools: Creating Hope and Opportunity for American Education (1996); American Federation of Teachers, Charter Schools: Do They Measure Up? (1996); Rebecca Sullivan, Contracts for Excellence: An Exploration of the Charter School Movement (unpublished manuscript, on file with author).
281. For a study of the experience of black students attending white suburban schools, see Amy Stuart Wells & Robert L. Crain, Stepping Over the Color Line: African American Students in White Suburban Schools (1997).
282. But it is not the only one. For a discussion of the impact of special education on the goal of inclusive education, see Dorothy Kerzner Lipsky & Alan Gartner, Inclusion, School Restructuring, and the Remaking of American Society, 66 Harv. Educ. Rev. 762, 777-87 (1996).
283. See Jeannie Oakes, Keeping Track: How Schools Structure Inequality 40-60 (1985) (studying 25 junior high and high schools' tracking systems); see also Arthur G. Powell et al., The Shopping Mall High School: Winners and Losers in the Educational Marketplace (1985).
284. See Jeannie Oakes, Keeping Track: How Schools Structure Inequality 40-60 (1985) (studying 25 junior high and high schools' tracking systems); see also Arthur G. Powell et al., The Shopping Mall High School: Winners and Losers in the Educational Marketplace (1985).
285. For an analysis of these assumptions, see Oakes, supra note 127, at 1-14 (disputing assumptions that students learn better in homogeneous groups).
286. Id. at 7.
287. On the use of high-level curriculum for heterogeneous groups, see Hugh Mehan et al., Constructing School Success: The Consequences of Untracking Lower Achieving Students (1996); Anne Wheelock, Crossing The Tracks: How "Untracking" Can Save America's Schools 149-90 (1992).
288. On the use of high-level curriculum for heterogeneous groups, see Hugh Mehan et al., Constructing School Success: The Consequences of Untracking Lower Achieving Students (1996); Anne Wheelock, Crossing The Tracks: How "Untracking" Can Save America's Schools 149-90 (1992).
289. See Oakes, supra note 127, at 7, 194-95 (finding that brightest students do well regardless of group in which they learn); Beyond Tracking: Finding Success in Inclusive Schools 119-40 (Harbison Pool & Jane Page eds., 1995).
290. See Oakes, supra note 127, at 7, 194-95 (finding that brightest students do well regardless of group in which they learn); Beyond Tracking: Finding Success in Inclusive Schools 119-40 (Harbison Pool & Jane Page eds., 1995).
291. See, e.g., Maureen T. Hallinan, Track Mobility in Secondary School, 74 Soc. Forces 983, 984 (1996) ("Research on the effects of tracking on student achievement is fairly consistent in showing positive effects of tracking on the achievement of high-tracked students, negative effects on low-tracked students, and negligible effects on those assigned to the middle or regular track.").
292. See Oakes, supra note 127, at 61-113; James E. Rosenbaum, Making Inequality: The Hidden Curriculum of High School Tracking 1-20 (1976) (finding that ability grouping is associated with gains for rapid learners that are offset by losses for slower learners); see also Robert B. Reich, The Work of Nations: Preparing Ourselves for 21st-century Capitalism 225-40 (1992) (describing education of "symbolic analyst").
293. See Oakes, supra note 127, at 61-113; James E. Rosenbaum, Making Inequality: The Hidden Curriculum of High School Tracking 1-20 (1976) (finding that ability grouping is associated with gains for rapid learners that are offset by losses for slower learners); see also Robert B. Reich, The Work of Nations: Preparing Ourselves for 21st-century Capitalism 225-40 (1992) (describing education of "symbolic analyst").
294. See Oakes, supra note 127, at 61-113; James E. Rosenbaum, Making Inequality: The Hidden Curriculum of High School Tracking 1-20 (1976) (finding that ability grouping is associated with gains for rapid learners that are offset by losses for slower learners); see also Robert B. Reich, The Work of Nations: Preparing Ourselves for 21st-century Capitalism 225-40 (1992) (describing education of "symbolic analyst").
295. See Oakes, supra note 127, at 65-67, 153-67 (analyzing relationship between race and tracking in vocational and academic programs); Rosenbaum, supra note 133, at 154-74 (finding that track system influences differentiation in adolescent society and perpetuates social inequality in adult society).
296. See Oakes, supra note 127, at 65-67, 153-67 (analyzing relationship between race and tracking in vocational and academic programs); Rosenbaum, supra note 133, at 154-74 (finding that track system influences differentiation in adolescent society and perpetuates social inequality in adult society).
297. See generally Signithia Fordham & John U. Ogbu, Black Students' School Success: Coping with the "Burden of 'Acting White,'" 18 Urb. Rev. 176, 186 (1986) (studying high school where black students who pursue academic success are perceived by their peers as "being kind of white"); Tyack, supra note 73.
298. See generally Signithia Fordham & John U. Ogbu, Black Students' School Success: Coping with the "Burden of 'Acting White,'" 18 Urb. Rev. 176, 186 (1986) (studying high school where black students who pursue academic success are perceived by their peers as "being kind of white"); Tyack, supra note 73.
299. This is not to suggest that tracking does not have its defenders. For an argument in favor of "aggressive tracking," see Chubb & Moe, supra note 65, at 101-40 (arguing that school organization is one major cause of student achievement).
300. See Mehan et al., supra note 130; Wheelock, supra note 130.
301. See Mehan et al., supra note 130; Wheelock, supra note 130.
302. See Wheelock, supra note 130, at 65-90.
303. See id. at 121-48.
304. For additional ideas that might contribute to community building in the schools, see David Levine et al., Rethinking Schools: An Agenda for Change (1995).
305. On the effect of crime on intercity mobility, see generally Julie Berry Cullen & Steven D. Levitt, Crime, Urban Flight, and the Consequences for Cities (1996).
306. See Bayley, supra note 2, at 3-35; Herman Goldstein, Problem-Oriented Policing 5-31 (1990); Jerome H. Skolnick & David H. Bayley, The New Blue Line: Police Innovation in Six American Cities 2-5 (1986); Malcolm K. Sparrow et al., Beyond 911: A New Era for Policing 44-50 (1990).
307. See Bayley, supra note 2, at 3-35; Herman Goldstein, Problem-Oriented Policing 5-31 (1990); Jerome H. Skolnick & David H. Bayley, The New Blue Line: Police Innovation in Six American Cities 2-5 (1986); Malcolm K. Sparrow et al., Beyond 911: A New Era for Policing 44-50 (1990).
308. See Bayley, supra note 2, at 3-35; Herman Goldstein, Problem-Oriented Policing 5-31 (1990); Jerome H. Skolnick & David H. Bayley, The New Blue Line: Police Innovation in Six American Cities 2-5 (1986); Malcolm K. Sparrow et al., Beyond 911: A New Era for Policing 44-50 (1990).
309. See Bayley, supra note 2, at 3-35; Herman Goldstein, Problem-Oriented Policing 5-31 (1990); Jerome H. Skolnick & David H. Bayley, The New Blue Line: Police Innovation in Six American Cities 2-5 (1986); Malcolm K. Sparrow et al., Beyond 911: A New Era for Policing 44-50 (1990).
310. Bayley, supra note 2, at 3.
311. See Frug, The Geography of Community, supra note 23, at 1067-75, 1081-89.
312. See William C. Cunningham & Todd H. Taylor, U.S. Dep't of Justice, Crime and Protection in America: A Study of Private Security and Law Enforcement Resources and Relationships 14 (May 1985). For additional security ideas, see Home Automation Systems, Inc. (last modified Oct. 3, 1997) 〈http://smarthome.com/securmap.html〉; Orca Home Security and Crime Prevention Network (visited Oct. 31, 1997) 〈http:// www.orcaweb.com〉.
313. See William C. Cunningham & Todd H. Taylor, U.S. Dep't of Justice, Crime and Protection in America: A Study of Private Security and Law Enforcement Resources and Relationships 14 (May 1985). For additional security ideas, see Home Automation Systems, Inc. (last modified Oct. 3, 1997) 〈http://smarthome.com/securmap.html〉; Orca Home Security and Crime Prevention Network (visited Oct. 31, 1997) 〈http:// www.orcaweb.com〉.
314. See William C. Cunningham & Todd H. Taylor, U.S. Dep't of Justice, Crime and Protection in America: A Study of Private Security and Law Enforcement Resources and Relationships 14 (May 1985). For additional security ideas, see Home Automation Systems, Inc. (last modified Oct. 3, 1997) 〈http://smarthome.com/securmap.html〉; Orca Home Security and Crime Prevention Network (visited Oct. 31, 1997) 〈http:// www.orcaweb.com〉.
315. See Bayley, supra note 2, at 10.
316. See Kate Fitzgerald, Gizmos Turn Home Protection into a Boom, Advertising Age, Jan. 10, 1994, at S-1.
317. The overall cost of crime - including the cost of maintaining the criminal justice system - has been estimated to be in excess of $400 billion. See The Impact of Crime on Small Business: Joint Hearings Before the Subcomm. on Crime and Criminal Justice of the House Comm. on the Judiciary and the Subcomm. on SBA Legislation and the Gen. Econ. of the House Comm. on Small Bus., 103d Cong. 2 (1994) [hereinafter Hearings] (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); Fitzgerald, supra note 147, at S-1. On the cost to victims, see Mark A. Cohen et al., The Costs and Consequences of Violent Behavior in the United States, in 4 Understanding and Preventing Violence 67 (Albert J. Reiss, Jr. & Jeffrey A. Roth eds., 1994); on the cost to business, see Hearings, supra, at 2 (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); id. at 3-4 (statement of Rep. Charles E. Schumer, Chairman, Subcomm. on Crime and Criminal Justice); Leah Rickard, Fear of Crime has Shoppers Shaking, Advertising Age, May 23, 1994, at 50; on the impact on poor African American neighborhoods, see Randall Kennedy, Race, Crime and the Law 11 (1997) (collecting authorities). In 1991, more than $19 billion was lost by individuals and households due to crime. See Marianne W. Zawitz et al., U.S. Dep't of Justice, Highlights from 20 Years of Surveying Crime Victims: The National Crime Victimization Survey, 1973-92, at 16 (Oct. 1993).
318. The overall cost of crime - including the cost of maintaining the criminal justice system - has been estimated to be in excess of $400 billion. See The Impact of Crime on Small Business: Joint Hearings Before the Subcomm. on Crime and Criminal Justice of the House Comm. on the Judiciary and the Subcomm. on SBA Legislation and the Gen. Econ. of the House Comm. on Small Bus., 103d Cong. 2 (1994) [hereinafter Hearings] (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); Fitzgerald, supra note 147, at S-1. On the cost to victims, see Mark A. Cohen et al., The Costs and Consequences of Violent Behavior in the United States, in 4 Understanding and Preventing Violence 67 (Albert J. Reiss, Jr. & Jeffrey A. Roth eds., 1994); on the cost to business, see Hearings, supra, at 2 (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); id. at 3-4 (statement of Rep. Charles E. Schumer, Chairman, Subcomm. on Crime and Criminal Justice); Leah Rickard, Fear of Crime has Shoppers Shaking, Advertising Age, May 23, 1994, at 50; on the impact on poor African American neighborhoods, see Randall Kennedy, Race, Crime and the Law 11 (1997) (collecting authorities). In 1991, more than $19 billion was lost by individuals and households due to crime. See Marianne W. Zawitz et al., U.S. Dep't of Justice, Highlights from 20 Years of Surveying Crime Victims: The National Crime Victimization Survey, 1973-92, at 16 (Oct. 1993).
319. The overall cost of crime - including the cost of maintaining the criminal justice system - has been estimated to be in excess of $400 billion. See The Impact of Crime on Small Business: Joint Hearings Before the Subcomm. on Crime and Criminal Justice of the House Comm. on the Judiciary and the Subcomm. on SBA Legislation and the Gen. Econ. of the House Comm. on Small Bus., 103d Cong. 2 (1994) [hereinafter Hearings] (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); Fitzgerald, supra note 147, at S-1. On the cost to victims, see Mark A. Cohen et al., The Costs and Consequences of Violent Behavior in the United States, in 4 Understanding and Preventing Violence 67 (Albert J. Reiss, Jr. & Jeffrey A. Roth eds., 1994); on the cost to business, see Hearings, supra, at 2 (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); id. at 3-4 (statement of Rep. Charles E. Schumer, Chairman, Subcomm. on Crime and Criminal Justice); Leah Rickard, Fear of Crime has Shoppers Shaking, Advertising Age, May 23, 1994, at 50; on the impact on poor African American neighborhoods, see Randall Kennedy, Race, Crime and the Law 11 (1997) (collecting authorities). In 1991, more than $19 billion was lost by individuals and households due to crime. See Marianne W. Zawitz et al., U.S. Dep't of Justice, Highlights from 20 Years of Surveying Crime Victims: The National Crime Victimization Survey, 1973-92, at 16 (Oct. 1993).
320. The overall cost of crime - including the cost of maintaining the criminal justice system - has been estimated to be in excess of $400 billion. See The Impact of Crime on Small Business: Joint Hearings Before the Subcomm. on Crime and Criminal Justice of the House Comm. on the Judiciary and the Subcomm. on SBA Legislation and the Gen. Econ. of the House Comm. on Small Bus., 103d Cong. 2 (1994) [hereinafter Hearings] (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); Fitzgerald, supra note 147, at S-1. On the cost to victims, see Mark A. Cohen et al., The Costs and Consequences of Violent Behavior in the United States, in 4 Understanding and Preventing Violence 67 (Albert J. Reiss, Jr. & Jeffrey A. Roth eds., 1994); on the cost to business, see Hearings, supra, at 2 (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); id. at 3-4 (statement of Rep. Charles E. Schumer, Chairman, Subcomm. on Crime and Criminal Justice); Leah Rickard, Fear of Crime has Shoppers Shaking, Advertising Age, May 23, 1994, at 50; on the impact on poor African American neighborhoods, see Randall Kennedy, Race, Crime and the Law 11 (1997) (collecting authorities). In 1991, more than $19 billion was lost by individuals and households due to crime. See Marianne W. Zawitz et al., U.S. Dep't of Justice, Highlights from 20 Years of Surveying Crime Victims: The National Crime Victimization Survey, 1973-92, at 16 (Oct. 1993).
321. The overall cost of crime - including the cost of maintaining the criminal justice system - has been estimated to be in excess of $400 billion. See The Impact of Crime on Small Business: Joint Hearings Before the Subcomm. on Crime and Criminal Justice of the House Comm. on the Judiciary and the Subcomm. on SBA Legislation and the Gen. Econ. of the House Comm. on Small Bus., 103d Cong. 2 (1994) [hereinafter Hearings] (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); Fitzgerald, supra note 147, at S-1. On the cost to victims, see Mark A. Cohen et al., The Costs and Consequences of Violent Behavior in the United States, in 4 Understanding and Preventing Violence 67 (Albert J. Reiss, Jr. & Jeffrey A. Roth eds., 1994); on the cost to business, see Hearings, supra, at 2 (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); id. at 3-4 (statement of Rep. Charles E. Schumer, Chairman, Subcomm. on Crime and Criminal Justice); Leah Rickard, Fear of Crime has Shoppers Shaking, Advertising Age, May 23, 1994, at 50; on the impact on poor African American neighborhoods, see Randall Kennedy, Race, Crime and the Law 11 (1997) (collecting authorities). In 1991, more than $19 billion was lost by individuals and households due to crime. See Marianne W. Zawitz et al., U.S. Dep't of Justice, Highlights from 20 Years of Surveying Crime Victims: The National Crime Victimization Survey, 1973-92, at 16 (Oct. 1993).
322. The overall cost of crime - including the cost of maintaining the criminal justice system - has been estimated to be in excess of $400 billion. See The Impact of Crime on Small Business: Joint Hearings Before the Subcomm. on Crime and Criminal Justice of the House Comm. on the Judiciary and the Subcomm. on SBA Legislation and the Gen. Econ. of the House Comm. on Small Bus., 103d Cong. 2 (1994) [hereinafter Hearings] (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); Fitzgerald, supra note 147, at S-1. On the cost to victims, see Mark A. Cohen et al., The Costs and Consequences of Violent Behavior in the United States, in 4 Understanding and Preventing Violence 67 (Albert J. Reiss, Jr. & Jeffrey A. Roth eds., 1994); on the cost to business, see Hearings, supra, at 2 (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); id. at 3-4 (statement of Rep. Charles E. Schumer, Chairman, Subcomm. on Crime and Criminal Justice); Leah Rickard, Fear of Crime has Shoppers Shaking, Advertising Age, May 23, 1994, at 50; on the impact on poor African American neighborhoods, see Randall Kennedy, Race, Crime and the Law 11 (1997) (collecting authorities). In 1991, more than $19 billion was lost by individuals and households due to crime. See Marianne W. Zawitz et al., U.S. Dep't of Justice, Highlights from 20 Years of Surveying Crime Victims: The National Crime Victimization Survey, 1973-92, at 16 (Oct. 1993).
323. The overall cost of crime - including the cost of maintaining the criminal justice system - has been estimated to be in excess of $400 billion. See The Impact of Crime on Small Business: Joint Hearings Before the Subcomm. on Crime and Criminal Justice of the House Comm. on the Judiciary and the Subcomm. on SBA Legislation and the Gen. Econ. of the House Comm. on Small Bus., 103d Cong. 2 (1994) [hereinafter Hearings] (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); Fitzgerald, supra note 147, at S-1. On the cost to victims, see Mark A. Cohen et al., The Costs and Consequences of Violent Behavior in the United States, in 4 Understanding and Preventing Violence 67 (Albert J. Reiss, Jr. & Jeffrey A. Roth eds., 1994); on the cost to business, see Hearings, supra, at 2 (statement of Rep. John J. LaFalce, Chairman, Subcomm. on SBA Legislation and the Gen. Econ.); id. at 3-4 (statement of Rep. Charles E. Schumer, Chairman, Subcomm. on Crime and Criminal Justice); Leah Rickard, Fear of Crime has Shoppers Shaking, Advertising Age, May 23, 1994, at 50; on the impact on poor African American neighborhoods, see Randall Kennedy, Race, Crime and the Law 11 (1997) (collecting authorities). In 1991, more than $19 billion was lost by individuals and households due to crime. See Marianne W. Zawitz et al., U.S. Dep't of Justice, Highlights from 20 Years of Surveying Crime Victims: The National Crime Victimization Survey, 1973-92, at 16 (Oct. 1993).
324. There is controversy over how to measure the fear of crime, but everyone recognizes that it is pervasive. See Kenneth F. Ferraro, Fear of Crime: Interpreting Victimization Risk (1995); Dan A. Lewis & Greta Salem, Fear of Crime: Incivility and the Production of a Social Problem (1986); Terance D. Miethe, Fear and Withdrawal from Urban Life, in Reactions to Crime and Violence, 539 Annals Am. Acad. Pol. & Soc. Sci. 14 (1995); Fitzgerald, supra note 147; Barry Meier, Reality and Anxiety: Crime and the Fear of It, N.Y. Times, Feb. 18, 1993, at A14.
325. There is controversy over how to measure the fear of crime, but everyone recognizes that it is pervasive. See Kenneth F. Ferraro, Fear of Crime: Interpreting Victimization Risk (1995); Dan A. Lewis & Greta Salem, Fear of Crime: Incivility and the Production of a Social Problem (1986); Terance D. Miethe, Fear and Withdrawal from Urban Life, in Reactions to Crime and Violence, 539 Annals Am. Acad. Pol. & Soc. Sci. 14 (1995); Fitzgerald, supra note 147; Barry Meier, Reality and Anxiety: Crime and the Fear of It, N.Y. Times, Feb. 18, 1993, at A14.
326. There is controversy over how to measure the fear of crime, but everyone recognizes that it is pervasive. See Kenneth F. Ferraro, Fear of Crime: Interpreting Victimization Risk (1995); Dan A. Lewis & Greta Salem, Fear of Crime: Incivility and the Production of a Social Problem (1986); Terance D. Miethe, Fear and Withdrawal from Urban Life, in Reactions to Crime and Violence, 539 Annals Am. Acad. Pol. & Soc. Sci. 14 (1995); Fitzgerald, supra note 147; Barry Meier, Reality and Anxiety: Crime and the Fear of It, N.Y. Times, Feb. 18, 1993, at A14.
327. There is controversy over how to measure the fear of crime, but everyone recognizes that it is pervasive. See Kenneth F. Ferraro, Fear of Crime: Interpreting Victimization Risk (1995); Dan A. Lewis & Greta Salem, Fear of Crime: Incivility and the Production of a Social Problem (1986); Terance D. Miethe, Fear and Withdrawal from Urban Life, in Reactions to Crime and Violence, 539 Annals Am. Acad. Pol. & Soc. Sci. 14 (1995); Fitzgerald, supra note 147; Barry Meier, Reality and Anxiety: Crime and the Fear of It, N.Y. Times, Feb. 18, 1993, at A14.
328. There is controversy over how to measure the fear of crime, but everyone recognizes that it is pervasive. See Kenneth F. Ferraro, Fear of Crime: Interpreting Victimization Risk (1995); Dan A. Lewis & Greta Salem, Fear of Crime: Incivility and the Production of a Social Problem (1986); Terance D. Miethe, Fear and Withdrawal from Urban Life, in Reactions to Crime and Violence, 539 Annals Am. Acad. Pol. & Soc. Sci. 14 (1995); Fitzgerald, supra note 147; Barry Meier, Reality and Anxiety: Crime and the Fear of It, N.Y. Times, Feb. 18, 1993, at A14.
329. Much of the discussion of the fear of crime, including much of my own in this Article, focuses on the fear of black criminals felt by whites. But it is important to remember that most crime in America is intraracial and, accordingly, that blacks are the primary victims of black crime. See Frug, The Geography of Community, supra note 23, at 1066-67; Craig A. Perkins et al., U.S. Dep't Of Justice, Criminal Victimization in the United States, 1993: A National Crime Victimization Survey Report 23, 26-27 (May 1996) (finding that whites making $75,000 or more were group least victimized by crimes of violence; blacks in that income category were most victimized group).
330. Much of the discussion of the fear of crime, including much of my own in this Article, focuses on the fear of black criminals felt by whites. But it is important to remember that most crime in America is intraracial and, accordingly, that blacks are the primary victims of black crime. See Frug, The Geography of Community, supra note 23, at 1066-67; Craig A. Perkins et al., U.S. Dep't Of Justice, Criminal Victimization in the United States, 1993: A National Crime Victimization Survey Report 23, 26-27 (May 1996) (finding that whites making $75,000 or more were group least victimized by crimes of violence; blacks in that income category were most victimized group).
331. John E. Conklin, The Impact of Crime 6 (1975).
332. See Skolnick & Bayley, supra note 142, at 5 ("[T]he chances of making an arrest on the spot drop below 10 percent if even one minute elapses from the time the crime is committed.").
333. The 1992 rates for households victimized by crime were the lowest since the victimization statistics were introduced in 1975 (the decrease was much greater for white than black households). See Zawitz et al., supra note 148, at 8. Yet fear of crime is on the rise. See National Criminal Justice Commission, The Real War on Crime 3 (Steven R. Donziger ed., 1996); Tim Golden, Crime Rates May be Down, but the Problem Stays Hot With Politicians and Voters, N.Y. Times, Sept. 22, 1996, at 26; Meier, supra note 149. On the 90% figure, see Cheryl Russell, True Crime: Demographic Aspects of Crime Statistics, Am. Demographics 22, 24 (Aug. 1995). For a perceptive analysis of the relationship between crime rates and attitudes toward crime, see Allen Silver, The Demand for Order in Civil Society: A Review of Some Themes in the History of Urban Crime, Police, and Riot, in The Police: Six Sociological Essays 1 (David J. Bordua ed., 1967).
334. The 1992 rates for households victimized by crime were the lowest since the victimization statistics were introduced in 1975 (the decrease was much greater for white than black households). See Zawitz et al., supra note 148, at 8. Yet fear of crime is on the rise. See National Criminal Justice Commission, The Real War on Crime 3 (Steven R. Donziger ed., 1996); Tim Golden, Crime Rates May be Down, but the Problem Stays Hot With Politicians and Voters, N.Y. Times, Sept. 22, 1996, at 26; Meier, supra note 149. On the 90% figure, see Cheryl Russell, True Crime: Demographic Aspects of Crime Statistics, Am. Demographics 22, 24 (Aug. 1995). For a perceptive analysis of the relationship between crime rates and attitudes toward crime, see Allen Silver, The Demand for Order in Civil Society: A Review of Some Themes in the History of Urban Crime, Police, and Riot, in The Police: Six Sociological Essays 1 (David J. Bordua ed., 1967).
335. The 1992 rates for households victimized by crime were the lowest since the victimization statistics were introduced in 1975 (the decrease was much greater for white than black households). See Zawitz et al., supra note 148, at 8. Yet fear of crime is on the rise. See National Criminal Justice Commission, The Real War on Crime 3 (Steven R. Donziger ed., 1996); Tim Golden, Crime Rates May be Down, but the Problem Stays Hot With Politicians and Voters, N.Y. Times, Sept. 22, 1996, at 26; Meier, supra note 149. On the 90% figure, see Cheryl Russell, True Crime: Demographic Aspects of Crime Statistics, Am. Demographics 22, 24 (Aug. 1995). For a perceptive analysis of the relationship between crime rates and attitudes toward crime, see Allen Silver, The Demand for Order in Civil Society: A Review of Some Themes in the History of Urban Crime, Police, and Riot, in The Police: Six Sociological Essays 1 (David J. Bordua ed., 1967).
336. The 1992 rates for households victimized by crime were the lowest since the victimization statistics were introduced in 1975 (the decrease was much greater for white than black households). See Zawitz et al., supra note 148, at 8. Yet fear of crime is on the rise. See National Criminal Justice Commission, The Real War on Crime 3 (Steven R. Donziger ed., 1996); Tim Golden, Crime Rates May be Down, but the Problem Stays Hot With Politicians and Voters, N.Y. Times, Sept. 22, 1996, at 26; Meier, supra note 149. On the 90% figure, see Cheryl Russell, True Crime: Demographic Aspects of Crime Statistics, Am. Demographics 22, 24 (Aug. 1995). For a perceptive analysis of the relationship between crime rates and attitudes toward crime, see Allen Silver, The Demand for Order in Civil Society: A Review of Some Themes in the History of Urban Crime, Police, and Riot, in The Police: Six Sociological Essays 1 (David J. Bordua ed., 1967).
337. The 1992 rates for households victimized by crime were the lowest since the victimization statistics were introduced in 1975 (the decrease was much greater for white than black households). See Zawitz et al., supra note 148, at 8. Yet fear of crime is on the rise. See National Criminal Justice Commission, The Real War on Crime 3 (Steven R. Donziger ed., 1996); Tim Golden, Crime Rates May be Down, but the Problem Stays Hot With Politicians and Voters, N.Y. Times, Sept. 22, 1996, at 26; Meier, supra note 149. On the 90% figure, see Cheryl Russell, True Crime: Demographic Aspects of Crime Statistics, Am. Demographics 22, 24 (Aug. 1995). For a perceptive analysis of the relationship between crime rates and attitudes toward crime, see Allen Silver, The Demand for Order in Civil Society: A Review of Some Themes in the History of Urban Crime, Police, and Riot, in The Police: Six Sociological Essays 1 (David J. Bordua ed., 1967).
338. The 1992 rates for households victimized by crime were the lowest since the victimization statistics were introduced in 1975 (the decrease was much greater for white than black households). See Zawitz et al., supra note 148, at 8. Yet fear of crime is on the rise. See National Criminal Justice Commission, The Real War on Crime 3 (Steven R. Donziger ed., 1996); Tim Golden, Crime Rates May be Down, but the Problem Stays Hot With Politicians and Voters, N.Y. Times, Sept. 22, 1996, at 26; Meier, supra note 149. On the 90% figure, see Cheryl Russell, True Crime: Demographic Aspects of Crime Statistics, Am. Demographics 22, 24 (Aug. 1995). For a perceptive analysis of the relationship between crime rates and attitudes toward crime, see Allen Silver, The Demand for Order in Civil Society: A Review of Some Themes in the History of Urban Crime, Police, and Riot, in The Police: Six Sociological Essays 1 (David J. Bordua ed., 1967).
339. See Conklin, supra note 151, at 30-42; Gerald D. Suttles, The Social Construction of Communities 192-93 (1972); U.S. President's Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society 52-53 (Feb. 1967).
340. See Conklin, supra note 151, at 30-42; Gerald D. Suttles, The Social Construction of Communities 192-93 (1972); U.S. President's Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society 52-53 (Feb. 1967).
341. See Conklin, supra note 151, at 30-42; Gerald D. Suttles, The Social Construction of Communities 192-93 (1972); U.S. President's Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society 52-53 (Feb. 1967).
342. Elijah Anderson, Streetwise: Race, Class, and Change in an Urban Community 164 (1990).
343. Id. at 165;
344. see also Andrew Hacker, Two Nations: Black and White, Separate, Hostile, Unequal 128 (1992) (making same observation about police ).
345. Conklin, supra note 151, at 33. See generally id. at 15-49.
346. Some see racial prejudice in the fear of black street crime, see Richard Delgado, Rodrigo's Eighth Chronicle: Black Crime, White Fears - On The Social Construction of Threat, 80 Va. L. Rev. 503, 508-17 (1994), while others emphasize that a disproportionate number of street crimes are in fact committed by blacks and fear of street crime is rational, see Kennedy, supra note 148, at 14, 22-24. Either way, a response to the current fear requires both dealing with the impact of overbroad generalizations and crime prevention. See infra Parts III.B.-C.
347. Some see racial prejudice in the fear of black street crime, see Richard Delgado, Rodrigo's Eighth Chronicle: Black Crime, White Fears - On The Social Construction of Threat, 80 Va. L. Rev. 503, 508-17 (1994), while others emphasize that a disproportionate number of street crimes are in fact committed by blacks and fear of street crime is rational, see Kennedy, supra note 148, at 14, 22-24. Either way, a response to the current fear requires both dealing with the impact of overbroad generalizations and crime prevention. See infra Parts III.B.-C.
348. Jeff Jacoby, Crime is Down; So Why Don't We Feel Safer?, Boston Globe, Aug. 17, 1995, at 19.
349. For a defense of reliance on prisons from this perspective, see generally Richard A. Wright, In Defense of Prisons (1994); John J. Dilulio, Jr., The Question of Black Crime, 117 Public Interest 3, 21-23 (1994). For a critique, see generally John Irwin & James Austin, It's About Time: America's Imprisonment Binge (1994); William L. Selke, Prisons in Crisis (1993). The number of Americans in prisons at the end of 1994 - approximately 1.5 million - was three times the number in 1980. See Fox Butterfield, More in U.S. Are in Prisons, Report Says, N.Y. Times, Aug. 10, 1995, at A14.
350. For a defense of reliance on prisons from this perspective, see generally Richard A. Wright, In Defense of Prisons (1994); John J. Dilulio, Jr., The Question of Black Crime, 117 Public Interest 3, 21-23 (1994). For a critique, see generally John Irwin & James Austin, It's About Time: America's Imprisonment Binge (1994); William L. Selke, Prisons in Crisis (1993). The number of Americans in prisons at the end of 1994 - approximately 1.5 million - was three times the number in 1980. See Fox Butterfield, More in U.S. Are in Prisons, Report Says, N.Y. Times, Aug. 10, 1995, at A14.
351. For a defense of reliance on prisons from this perspective, see generally Richard A. Wright, In Defense of Prisons (1994); John J. Dilulio, Jr., The Question of Black Crime, 117 Public Interest 3, 21-23 (1994). For a critique, see generally John Irwin & James Austin, It's About Time: America's Imprisonment Binge (1994); William L. Selke, Prisons in Crisis (1993). The number of Americans in prisons at the end of 1994 - approximately 1.5 million - was three times the number in 1980. See Fox Butterfield, More in U.S. Are in Prisons, Report Says, N.Y. Times, Aug. 10, 1995, at A14.
352. For a defense of reliance on prisons from this perspective, see generally Richard A. Wright, In Defense of Prisons (1994); John J. Dilulio, Jr., The Question of Black Crime, 117 Public Interest 3, 21-23 (1994). For a critique, see generally John Irwin & James Austin, It's About Time: America's Imprisonment Binge (1994); William L. Selke, Prisons in Crisis (1993). The number of Americans in prisons at the end of 1994 - approximately 1.5 million - was three times the number in 1980. See Fox Butterfield, More in U.S. Are in Prisons, Report Says, N.Y. Times, Aug. 10, 1995, at A14.
353. For a defense of reliance on prisons from this perspective, see generally Richard A. Wright, In Defense of Prisons (1994); John J. Dilulio, Jr., The Question of Black Crime, 117 Public Interest 3, 21-23 (1994). For a critique, see generally John Irwin & James Austin, It's About Time: America's Imprisonment Binge (1994); William L. Selke, Prisons in Crisis (1993). The number of Americans in prisons at the end of 1994 - approximately 1.5 million - was three times the number in 1980. See Fox Butterfield, More in U.S. Are in Prisons, Report Says, N.Y. Times, Aug. 10, 1995, at A14.
354. See Wright, supra note 160, at 123-31.
355. See Anderson, supra note 155, at 190-206; David H. Bayley & Harold Mendelsohn, Minorities and the Police: Confrontation in America 109-42 (1969); Kennedy, supra note 148, at 136-63; Charles J. Ogletree, Jr. et al., Beyond the Rodney King Story: An Investigation of Police Conduct in Minority Communities (1995); Jerome H. Skolnick, The Police and the Urban Ghetto (1968).
356. See Anderson, supra note 155, at 190-206; David H. Bayley & Harold Mendelsohn, Minorities and the Police: Confrontation in America 109-42 (1969); Kennedy, supra note 148, at 136-63; Charles J. Ogletree, Jr. et al., Beyond the Rodney King Story: An Investigation of Police Conduct in Minority Communities (1995); Jerome H. Skolnick, The Police and the Urban Ghetto (1968).
357. See Anderson, supra note 155, at 190-206; David H. Bayley & Harold Mendelsohn, Minorities and the Police: Confrontation in America 109-42 (1969); Kennedy, supra note 148, at 136-63; Charles J. Ogletree, Jr. et al., Beyond the Rodney King Story: An Investigation of Police Conduct in Minority Communities (1995); Jerome H. Skolnick, The Police and the Urban Ghetto (1968).
358. See Anderson, supra note 155, at 190-206; David H. Bayley & Harold Mendelsohn, Minorities and the Police: Confrontation in America 109-42 (1969); Kennedy, supra note 148, at 136-63; Charles J. Ogletree, Jr. et al., Beyond the Rodney King Story: An Investigation of Police Conduct in Minority Communities (1995); Jerome H. Skolnick, The Police and the Urban Ghetto (1968).
359. See Anderson, supra note 155, at 190-206; David H. Bayley & Harold Mendelsohn, Minorities and the Police: Confrontation in America 109-42 (1969); Kennedy, supra note 148, at 136-63; Charles J. Ogletree, Jr. et al., Beyond the Rodney King Story: An Investigation of Police Conduct in Minority Communities (1995); Jerome H. Skolnick, The Police and the Urban Ghetto (1968).
360. Bayley & Mendelsohn, supra note 162, at 108.
361. See supra note 162.
362. See generally Bayley & Mendelsohn, supra note 162, at 87-108, 143-71; Stan K. Shernock, An Empirical Examination of the Relationship Between Police Solidarity and Community Orientation, 16 J. Pol. Sci. & Admin. 182 (1988).
363. See generally Bayley & Mendelsohn, supra note 162, at 87-108, 143-71; Stan K. Shernock, An Empirical Examination of the Relationship Between Police Solidarity and Community Orientation, 16 J. Pol. Sci. & Admin. 182 (1988).
364. See Keith D. Harries, Serious Violence: Patterns of Homicide and Assault in America 100-21 (1990); Christopher S. Dunn, Crime Area Research, in Crime: A Spatial Perspective 5-25 (Daniel Georges-Abeyie & Keith D. Harries eds., 1980); Douglas S. Massey, Getting Away With Murder: Segregation and Violent Crime in Urban America, 143 U. Pa. L. Rev. 1203, 1210 (1995); William Glaberson, Crime in Region is Dropping, But Some Pockets Defy Trend, N.Y. Times, Feb. 27, 1997, at A1.
365. See Keith D. Harries, Serious Violence: Patterns of Homicide and Assault in America 100-21 (1990); Christopher S. Dunn, Crime Area Research, in Crime: A Spatial Perspective 5-25 (Daniel Georges-Abeyie & Keith D. Harries eds., 1980); Douglas S. Massey, Getting Away With Murder: Segregation and Violent Crime in Urban America, 143 U. Pa. L. Rev. 1203, 1210 (1995); William Glaberson, Crime in Region is Dropping, But Some Pockets Defy Trend, N.Y. Times, Feb. 27, 1997, at A1.
366. See Keith D. Harries, Serious Violence: Patterns of Homicide and Assault in America 100-21 (1990); Christopher S. Dunn, Crime Area Research, in Crime: A Spatial Perspective 5-25 (Daniel Georges-Abeyie & Keith D. Harries eds., 1980); Douglas S. Massey, Getting Away With Murder: Segregation and Violent Crime in Urban America, 143 U. Pa. L. Rev. 1203, 1210 (1995); William Glaberson, Crime in Region is Dropping, But Some Pockets Defy Trend, N.Y. Times, Feb. 27, 1997, at A1.
367. See Keith D. Harries, Serious Violence: Patterns of Homicide and Assault in America 100-21 (1990); Christopher S. Dunn, Crime Area Research, in Crime: A Spatial Perspective 5-25 (Daniel Georges-Abeyie & Keith D. Harries eds., 1980); Douglas S. Massey, Getting Away With Murder: Segregation and Violent Crime in Urban America, 143 U. Pa. L. Rev. 1203, 1210 (1995); William Glaberson, Crime in Region is Dropping, But Some Pockets Defy Trend, N.Y. Times, Feb. 27, 1997, at A1.
368. Albert Hirschman makes the same argument about the flight from public education. See Hirschman, supra note 46, at 100-02. But see Massey, supra note 166, at 1224-29 (suggesting suburban-urban conflict of interest in central city crime control efforts).
369. Albert Hirschman makes the same argument about the flight from public education. See Hirschman, supra note 46, at 100-02. But see Massey, supra note 166, at 1224-29 (suggesting suburban-urban conflict of interest in central city crime control efforts).
370. Richard Sennett, The Uses of Disorder: Personal Identity and City Life 117 (1970); see also Frug, The Geography of Community, supra note 23, at 1053.
371. Richard Sennett, The Uses of Disorder: Personal Identity and City Life 117 (1970); see also Frug, The Geography of Community, supra note 23, at 1053.
372. Not surprisingly, residents of high-crime neighborhoods have a more intense fear of crime than those who live elsewhere. See Conklin, supra note 151, at 76-81; Jeffry A. Will & John H. McGrath, Crime, Neighborhood Perceptions, and the Underclass: The Relationship Between Fear of Crime and Class Position, 23 J. Crim. Just. 163 (1995).
373. Not surprisingly, residents of high-crime neighborhoods have a more intense fear of crime than those who live elsewhere. See Conklin, supra note 151, at 76-81; Jeffry A. Will & John H. McGrath, Crime, Neighborhood Perceptions, and the Underclass: The Relationship Between Fear of Crime and Class Position, 23 J. Crim. Just. 163 (1995).
374. See Elijah Anderson, The Code of the Streets, Atlantic Monthly, May 1994, at 81, 82;
375. Anderson, supra note 155, at 164-65.
376. See Anderson, supra note 155, at 167-68.
377. On the importance of racial stereotypes, see generally Jon Hurwitz & Mark Peffley, Public Perception of Race and Crime: The Role of Racial Stereotypes, 41 Am. J. Pol. Sci. 375 (1997); on the role of fear of crime in poor African American neighborhoods, see Anderson, supra note 170, at 81-82.
378. On the importance of racial stereotypes, see generally Jon Hurwitz & Mark Peffley, Public Perception of Race and Crime: The Role of Racial Stereotypes, 41 Am. J. Pol. Sci. 375 (1997); on the role of fear of crime in poor African American neighborhoods, see Anderson, supra note 170, at 81-82.
379. For an argument that the environment should be further limited by excluding the homeless from much of public space, see generally Robert C. Ellickson, Controlling Chronic Misconduct in City Spaces: Of Panhandlers, Skid Rows, and Public-Space Zoning, 105 Yale L.J. 1165 (1996).
380. Conklin, supra note 151, at 145.
381. See William Julius Wilson, The Truly Disadvantaged: The Inner City, the Underclass, and Public Policy 20-62 (1987).
382. Compare, e.g., Michael R. Gottfredson & Travis Hirschi, A General Theory of Crime 85-120 (1990) (proposing theory of low self-control), with Anne T. Sulton, Preventing Crime Through Economic Development of Urban Neighborhoods, in African-American Perspectives on Crime Causation, Criminal Justice Administration, and Crime Prevention 201, 209-19 (Anne T. Sulton ed., 1994) (emphasizing social conditions). See generally Cohen, supra note 148, at 101-56 (describing psychosocial, biological, and social perspectives).
383. Compare, e.g., Michael R. Gottfredson & Travis Hirschi, A General Theory of Crime 85-120 (1990) (proposing theory of low self-control), with Anne T. Sulton, Preventing Crime Through Economic Development of Urban Neighborhoods, in African-American Perspectives on Crime Causation, Criminal Justice Administration, and Crime Prevention 201, 209-19 (Anne T. Sulton ed., 1994) (emphasizing social conditions). See generally Cohen, supra note 148, at 101-56 (describing psychosocial, biological, and social perspectives).
384. Compare, e.g., Michael R. Gottfredson & Travis Hirschi, A General Theory of Crime 85-120 (1990) (proposing theory of low self-control), with Anne T. Sulton, Preventing Crime Through Economic Development of Urban Neighborhoods, in African-American Perspectives on Crime Causation, Criminal Justice Administration, and Crime Prevention 201, 209-19 (Anne T. Sulton ed., 1994) (emphasizing social conditions). See generally Cohen, supra note 148, at 101-56 (describing psychosocial, biological, and social perspectives).
385. See Wilson, supra note 175, at 20-62; Michael Greenberg & Dona Schneider, Violence in American Cities: Young Black Males Is the Answer, but What Is the Question?, 39 Soc. Sci. & Med. 179, 180, 182-86 (1994); Massey, supra note 166, at 1215-16.
386. See Wilson, supra note 175, at 20-62; Michael Greenberg & Dona Schneider, Violence in American Cities: Young Black Males Is the Answer, but What Is the Question?, 39 Soc. Sci. & Med. 179, 180, 182-86 (1994); Massey, supra note 166, at 1215-16.
387. See Wilson, supra note 175, at 20-62; Michael Greenberg & Dona Schneider, Violence in American Cities: Young Black Males Is the Answer, but What Is the Question?, 39 Soc. Sci. & Med. 179, 180, 182-86 (1994); Massey, supra note 166, at 1215-16.
388. See David Armstrong, Cities' Crime Moves to Suburbs, Boston Globe, May 19, 1997, at A1. Some kinds of crime prevention, however, have less of a negative impact on neighbors than others. See generally Steven E. Landsburg, Property is Theft: When Protecting Your Own Property Is Stealing From Others, Slate (Aug. 2, 1997) 〈http://www.slate.com/ Economics/97-08-02/Economics.asp〉.
389. See David Armstrong, Cities' Crime Moves to Suburbs, Boston Globe, May 19, 1997, at A1. Some kinds of crime prevention, however, have less of a negative impact on neighbors than others. See generally Steven E. Landsburg, Property is Theft: When Protecting Your Own Property Is Stealing From Others, Slate (Aug. 2, 1997) 〈http://www.slate.com/ Economics/97-08-02/Economics.asp〉.
390. See Frug, The Geography of Community, supra note 23, at 1089-94.
391. The first alternative is often associated with the work of Oscar Newman. See Oscar Newman, Defensible Space: Crime Prevention Through Urban Design (1972); Ellis Cose, Drawing Up Safer Cities: How a Community Divided Conquers Crime, Newsweek, July 11, 1994, at 57. The second alternative is associated with Jane Jacobs. See Jane Jacobs, The Death and Life of Great American Cities (1961). But Newman himself can be seen as consistent with - indeed, an attempt to develop - Jacobs's ideas. See, e.g., Newman, supra, at 15 (describing ways that developers might design multifamily housing complexes "to provide inhabitants with continuous natural surveillance of the street"); Oscar Newman, Creating Defensible Space 3, 14-23 (1996) (explaining that defensible space is not about fencing but about reassigning areas and responsibilities so that citizens have more control over their environments); Ralph Taylor et al., The Defensibility of Defensible Space: A Critical Review and a Synthetic Framework for Future Research, in Understanding Crime: Current Theory and Research 53, 54 (Travis Hirschi & Michael Gottfredson eds., 1980) (classifying Newman's defensible space theory as elaboration upon Jacobs's natural surveillance theory).
392. The first alternative is often associated with the work of Oscar Newman. See Oscar Newman, Defensible Space: Crime Prevention Through Urban Design (1972); Ellis Cose, Drawing Up Safer Cities: How a Community Divided Conquers Crime, Newsweek, July 11, 1994, at 57. The second alternative is associated with Jane Jacobs. See Jane Jacobs, The Death and Life of Great American Cities (1961). But Newman himself can be seen as consistent with - indeed, an attempt to develop - Jacobs's ideas. See, e.g., Newman, supra, at 15 (describing ways that developers might design multifamily housing complexes "to provide inhabitants with continuous natural surveillance of the street"); Oscar Newman, Creating Defensible Space 3, 14-23 (1996) (explaining that defensible space is not about fencing but about reassigning areas and responsibilities so that citizens have more control over their environments); Ralph Taylor et al., The Defensibility of Defensible Space: A Critical Review and a Synthetic Framework for Future Research, in Understanding Crime: Current Theory and Research 53, 54 (Travis Hirschi & Michael Gottfredson eds., 1980) (classifying Newman's defensible space theory as elaboration upon Jacobs's natural surveillance theory).
393. The first alternative is often associated with the work of Oscar Newman. See Oscar Newman, Defensible Space: Crime Prevention Through Urban Design (1972); Ellis Cose, Drawing Up Safer Cities: How a Community Divided Conquers Crime, Newsweek, July 11, 1994, at 57. The second alternative is associated with Jane Jacobs. See Jane Jacobs, The Death and Life of Great American Cities (1961). But Newman himself can be seen as consistent with - indeed, an attempt to develop - Jacobs's ideas. See, e.g., Newman, supra, at 15 (describing ways that developers might design multifamily housing complexes "to provide inhabitants with continuous natural surveillance of the street"); Oscar Newman, Creating Defensible Space 3, 14-23 (1996) (explaining that defensible space is not about fencing but about reassigning areas and responsibilities so that citizens have more control over their environments); Ralph Taylor et al., The Defensibility of Defensible Space: A Critical Review and a Synthetic Framework for Future Research, in Understanding Crime: Current Theory and Research 53, 54 (Travis Hirschi & Michael Gottfredson eds., 1980) (classifying Newman's defensible space theory as elaboration upon Jacobs's natural surveillance theory).
394. The first alternative is often associated with the work of Oscar Newman. See Oscar Newman, Defensible Space: Crime Prevention Through Urban Design (1972); Ellis Cose, Drawing Up Safer Cities: How a Community Divided Conquers Crime, Newsweek, July 11, 1994, at 57. The second alternative is associated with Jane Jacobs. See Jane Jacobs, The Death and Life of Great American Cities (1961). But Newman himself can be seen as consistent with - indeed, an attempt to develop - Jacobs's ideas. See, e.g., Newman, supra, at 15 (describing ways that developers might design multifamily housing complexes "to provide inhabitants with continuous natural surveillance of the street"); Oscar Newman, Creating Defensible Space 3, 14-23 (1996) (explaining that defensible space is not about fencing but about reassigning areas and responsibilities so that citizens have more control over their environments); Ralph Taylor et al., The Defensibility of Defensible Space: A Critical Review and a Synthetic Framework for Future Research, in Understanding Crime: Current Theory and Research 53, 54 (Travis Hirschi & Michael Gottfredson eds., 1980) (classifying Newman's defensible space theory as elaboration upon Jacobs's natural surveillance theory).
395. The first alternative is often associated with the work of Oscar Newman. See Oscar Newman, Defensible Space: Crime Prevention Through Urban Design (1972); Ellis Cose, Drawing Up Safer Cities: How a Community Divided Conquers Crime, Newsweek, July 11, 1994, at 57. The second alternative is associated with Jane Jacobs. See Jane Jacobs, The Death and Life of Great American Cities (1961). But Newman himself can be seen as consistent with - indeed, an attempt to develop - Jacobs's ideas. See, e.g., Newman, supra, at 15 (describing ways that developers might design multifamily housing complexes "to provide inhabitants with continuous natural surveillance of the street"); Oscar Newman, Creating Defensible Space 3, 14-23 (1996) (explaining that defensible space is not about fencing but about reassigning areas and responsibilities so that citizens have more control over their environments); Ralph Taylor et al., The Defensibility of Defensible Space: A Critical Review and a Synthetic Framework for Future Research, in Understanding Crime: Current Theory and Research 53, 54 (Travis Hirschi & Michael Gottfredson eds., 1980) (classifying Newman's defensible space theory as elaboration upon Jacobs's natural surveillance theory).
396. The first alternative is often associated with the work of Oscar Newman. See Oscar Newman, Defensible Space: Crime Prevention Through Urban Design (1972); Ellis Cose, Drawing Up Safer Cities: How a Community Divided Conquers Crime, Newsweek, July 11, 1994, at 57. The second alternative is associated with Jane Jacobs. See Jane Jacobs, The Death and Life of Great American Cities (1961). But Newman himself can be seen as consistent with - indeed, an attempt to develop - Jacobs's ideas. See, e.g., Newman, supra, at 15 (describing ways that developers might design multifamily housing complexes "to provide inhabitants with continuous natural surveillance of the street"); Oscar Newman, Creating Defensible Space 3, 14-23 (1996) (explaining that defensible space is not about fencing but about reassigning areas and responsibilities so that citizens have more control over their environments); Ralph Taylor et al., The Defensibility of Defensible Space: A Critical Review and a Synthetic Framework for Future Research, in Understanding Crime: Current Theory and Research 53, 54 (Travis Hirschi & Michael Gottfredson eds., 1980) (classifying Newman's defensible space theory as elaboration upon Jacobs's natural surveillance theory).
397. Jacobs, supra note 180, at 34. For a critique of this position as understating the importance of the social and cultural factors, see Taylor et al., supra note 180, at 58-60.
398. Jacobs, supra note 180, at 34. For a critique of this position as understating the importance of the social and cultural factors, see Taylor et al., supra note 180, at 58-60.
399. Calthorpe, supra note 47, at 37.
400. See Robert M. Fogelson, Big-City Police 16-17 (1977) (explaining that nineteenth century police departments were best characterized as "catchall health, welfare, and law enforcement agencies"); James F. Richardson, The New York Police: Colonial Times to 1901, at 63, 150, 226 (1970) (cataloging nineteenth century police officer's duties as ranging from criminal law enforcement to health law enforcement, street cleaning, and census taking); Lane, Urban Police, supra note 50, at 4-14 (describing origin and development of police in nineteenth century and noting that criminal law enforcement was only one of average policeman's many duties); von Hoffman, supra note 50, at 309 (noting that crime prevention was only one of several services provided by nineteenth century policeman who "walked his beat alone").
401. See Robert M. Fogelson, Big-City Police 16-17 (1977) (explaining that nineteenth century police departments were best characterized as "catchall health, welfare, and law enforcement agencies"); James F. Richardson, The New York Police: Colonial Times to 1901, at 63, 150, 226 (1970) (cataloging nineteenth century police officer's duties as ranging from criminal law enforcement to health law enforcement, street cleaning, and census taking); Lane, Urban Police, supra note 50, at 4-14 (describing origin and development of police in nineteenth century and noting that criminal law enforcement was only one of average policeman's many duties); von Hoffman, supra note 50, at 309 (noting that crime prevention was only one of several services provided by nineteenth century policeman who "walked his beat alone").
402. See Robert M. Fogelson, Big-City Police 16-17 (1977) (explaining that nineteenth century police departments were best characterized as "catchall health, welfare, and law enforcement agencies"); James F. Richardson, The New York Police: Colonial Times to 1901, at 63, 150, 226 (1970) (cataloging nineteenth century police officer's duties as ranging from criminal law enforcement to health law enforcement, street cleaning, and census taking); Lane, Urban Police, supra note 50, at 4-14 (describing origin and development of police in nineteenth century and noting that criminal law enforcement was only one of average policeman's many duties); von Hoffman, supra note 50, at 309 (noting that crime prevention was only one of several services provided by nineteenth century policeman who "walked his beat alone").
403. See Robert M. Fogelson, Big-City Police 16-17 (1977) (explaining that nineteenth century police departments were best characterized as "catchall health, welfare, and law enforcement agencies"); James F. Richardson, The New York Police: Colonial Times to 1901, at 63, 150, 226 (1970) (cataloging nineteenth century police officer's duties as ranging from criminal law enforcement to health law enforcement, street cleaning, and census taking); Lane, Urban Police, supra note 50, at 4-14 (describing origin and development of police in nineteenth century and noting that criminal law enforcement was only one of average policeman's many duties); von Hoffman, supra note 50, at 309 (noting that crime prevention was only one of several services provided by nineteenth century policeman who "walked his beat alone").
404. See, e.g., Fogelson, supra note 183, at 136.
405. Bureau of Justice Assistance, U.S. Dep't of Justice, Understanding Community Policing: A Framework for Action vii (1994); see also Bayley, supra note 2, at 105 ("Consultation, adaptation, mobilization and problem solving are what I shall be referring to . . . when I use the phrase 'community policing.'").
406. Bureau of Justice Assistance, U.S. Dep't of Justice, Understanding Community Policing: A Framework for Action vii (1994); see also Bayley, supra note 2, at 105 ("Consultation, adaptation, mobilization and problem solving are what I shall be referring to . . . when I use the phrase 'community policing.'").
407. See Bayley, supra note 2, at 104-05 (explaining that there is great disagreement about how to define community policing and that lessons which one derives from its implementation will depend upon meaning that one gives to term).
408. See Jerome H. Skolnick, Neighborhood Police, The Nation, Mar. 22, 1971, at 372.
409. For an analysis of these difficulties, see generally Emily Frug, Walking a New Beat: A Study of the Community Policing Program in New Haven (1996) (on file with author); Goldstein, supra note 142, at 66-79.
410. For an analysis of these difficulties, see generally Emily Frug, Walking a New Beat: A Study of the Community Policing Program in New Haven (1996) (on file with author); Goldstein, supra note 142, at 66-79.
411. See Bayley, supra note 2, at 56-75; Frug, supra note 188, at 56-58; Bruce Shapiro, How the War on Crime Imprisons America, The Nation, Apr. 22, 1996, at 14.
412. See Bayley, supra note 2, at 56-75; Frug, supra note 188, at 56-58; Bruce Shapiro, How the War on Crime Imprisons America, The Nation, Apr. 22, 1996, at 14.
413. See Bayley, supra note 2, at 56-75; Frug, supra note 188, at 56-58; Bruce Shapiro, How the War on Crime Imprisons America, The Nation, Apr. 22, 1996, at 14.
414. See Kennedy, supra note 148, at 19-21.
415. See William F. Whyte, Street Corner Society 136 (1943); see also Roger G. Dunham & Geoffrey P. Alpert, Neighborhood Differences in Attitudes Toward Policing: Evidence for a Mixed-Strategy Model of Policing in a Multi-Ethnic Setting, 79 J. Crim. L. & Criminology 504, 515-19 (1988) (reporting findings that blacks supported less discretion in use of police procedures and less active patrol strategies than did residents in both Cuban and white neighborhoods).
416. See William F. Whyte, Street Corner Society 136 (1943); see also Roger G. Dunham & Geoffrey P. Alpert, Neighborhood Differences in Attitudes Toward Policing: Evidence for a Mixed-Strategy Model of Policing in a Multi-Ethnic Setting, 79 J. Crim. L. & Criminology 504, 515-19 (1988) (reporting findings that blacks supported less discretion in use of police procedures and less active patrol strategies than did residents in both Cuban and white neighborhoods).
417. See Bayley, supra note 2, at 111-15; Goldstein, supra note 142, at 66-79; Wesley G. Skogan, Disorder and Decline: Crime and the Spiral of Decay in American Neighborhoods 89-93 (1990).
418. See Bayley, supra note 2, at 111-15; Goldstein, supra note 142, at 66-79; Wesley G. Skogan, Disorder and Decline: Crime and the Spiral of Decay in American Neighborhoods 89-93 (1990).
419. See Bayley, supra note 2, at 111-15; Goldstein, supra note 142, at 66-79; Wesley G. Skogan, Disorder and Decline: Crime and the Spiral of Decay in American Neighborhoods 89-93 (1990).
420. See Goldstein, supra note 142, at 68. Boston's dramatic success in reducing the homicide rate for young people in high-crime communities, for example, has been achieved by a combination of increased police surveillance of specific criminal activity, such as murder, by chronic offenders and increased involvement by a wide variety of community activists with the same people. See generally Kennedy School of Government Case Program, A Community Responds: Boston Confronts an Upsurge of Youth Violence (1997); David M. Kennedy, Pulling Levers: Chronic Offenders, High-Crime Settings, and a Theory of Prevention, 31 Val. U. L. Rev. 1 (1997).
421. See Goldstein, supra note 142, at 68. Boston's dramatic success in reducing the homicide rate for young people in high-crime communities, for example, has been achieved by a combination of increased police surveillance of specific criminal activity, such as murder, by chronic offenders and increased involvement by a wide variety of community activists with the same people. See generally Kennedy School of Government Case Program, A Community Responds: Boston Confronts an Upsurge of Youth Violence (1997); David M. Kennedy, Pulling Levers: Chronic Offenders, High-Crime Settings, and a Theory of Prevention, 31 Val. U. L. Rev. 1 (1997).
422. See Goldstein, supra note 142, at 68. Boston's dramatic success in reducing the homicide rate for young people in high-crime communities, for example, has been achieved by a combination of increased police surveillance of specific criminal activity, such as murder, by chronic offenders and increased involvement by a wide variety of community activists with the same people. See generally Kennedy School of Government Case Program, A Community Responds: Boston Confronts an Upsurge of Youth Violence (1997); David M. Kennedy, Pulling Levers: Chronic Offenders, High-Crime Settings, and a Theory of Prevention, 31 Val. U. L. Rev. 1 (1997).
423. See, e.g., Skogan, supra note 192, at 21-34; James Q. Wilson & George L. Kelling, Broken Windows: The Police and Neighborhood Safety, Atlantic Monthly, Mar. 1982, at 29; James Q. Wilson & George L. Kelling, Making Neighborhoods Safe, Atlantic Monthly, Feb. 1989, at 46, 48.
424. See, e.g., Skogan, supra note 192, at 21-34; James Q. Wilson & George L. Kelling, Broken Windows: The Police and Neighborhood Safety, Atlantic Monthly, Mar. 1982, at 29; James Q. Wilson & George L. Kelling, Making Neighborhoods Safe, Atlantic Monthly, Feb. 1989, at 46, 48.
425. See, e.g., Skogan, supra note 192, at 21-34; James Q. Wilson & George L. Kelling, Broken Windows: The Police and Neighborhood Safety, Atlantic Monthly, Mar. 1982, at 29; James Q. Wilson & George L. Kelling, Making Neighborhoods Safe, Atlantic Monthly, Feb. 1989, at 46, 48.
426. New York City Police Department, Police Strategy No. 5: Reclaiming the Public Spaces of New York 5 (1994); see also Craig Horowitz, The Suddenly Safer City, N.Y. Mag., Aug. 14, 1995, at 20 (describing reduction in crime under current mayoral administration).
427. New York City Police Department, Police Strategy No. 5: Reclaiming the Public Spaces of New York 5 (1994); see also Craig Horowitz, The Suddenly Safer City, N.Y. Mag., Aug. 14, 1995, at 20 (describing reduction in crime under current mayoral administration).
428. See Skogan, supra note 192, at 36-46. Skogan distinguishes these forms of physical disorder from social disorder such as street harassment, drinking, and drugs. See id. at 21-36.
429. See Dunham & Alpert, supra note 191.
430. See Anderson, supra note 170, at 82; Anderson, supra note 155, at 190-206; Carl H. Nightingale, On the Edge: A History of Poor Black Children and Their American Dreams 166-85 (1993) (discussing portrayals of blacks and violence in mass media); Regina Austin, "The Black Community," Its Lawbreakers, and a Politics of Identification, 65 S. Cal. L. Rev. 1769, 1776 (1992) ("[T]here has historically been a subtle admiration of criminals who are bold and brazen in their defiance of the legal regime of the external enemy.").
431. See Anderson, supra note 170, at 82; Anderson, supra note 155, at 190-206; Carl H. Nightingale, On the Edge: A History of Poor Black Children and Their American Dreams 166-85 (1993) (discussing portrayals of blacks and violence in mass media); Regina Austin, "The Black Community," Its Lawbreakers, and a Politics of Identification, 65 S. Cal. L. Rev. 1769, 1776 (1992) ("[T]here has historically been a subtle admiration of criminals who are bold and brazen in their defiance of the legal regime of the external enemy.").
432. See Anderson, supra note 170, at 82; Anderson, supra note 155, at 190-206; Carl H. Nightingale, On the Edge: A History of Poor Black Children and Their American Dreams 166-85 (1993) (discussing portrayals of blacks and violence in mass media); Regina Austin, "The Black Community," Its Lawbreakers, and a Politics of Identification, 65 S. Cal. L. Rev. 1769, 1776 (1992) ("[T]here has historically been a subtle admiration of criminals who are bold and brazen in their defiance of the legal regime of the external enemy.").
433. See Anderson, supra note 170, at 82; Anderson, supra note 155, at 190-206; Carl H. Nightingale, On the Edge: A History of Poor Black Children and Their American Dreams 166-85 (1993) (discussing portrayals of blacks and violence in mass media); Regina Austin, "The Black Community," Its Lawbreakers, and a Politics of Identification, 65 S. Cal. L. Rev. 1769, 1776 (1992) ("[T]here has historically been a subtle admiration of criminals who are bold and brazen in their defiance of the legal regime of the external enemy.").
434. See Frug, supra note 188, at 46-59.
435. see Bayley, supra note 2, at 117.
436. See id. at 119 ("[T]he public must be told that there are no magic solutions or 'silver bullets' when it comes to preventing crime . . . ."). For a list of alternative crime prevention techniques other than prison building or community policing, see id. at 123-42. For a recommendation of an overall strategy, see generally National Criminal Justice Commission, supra note 153; Committee on Law and Justice, Violence in Urban America: Mobilizing a Response (1994).
437. See 4-4 Census Bureau, U.S. Dep't of Commerce, 1992 Census of Governments: Government Finances 2 tbl.1 (1994).
438. Generally they seek not to end the city's role in crime control but to contract out technical support for police services and to expand the market for security packaged as a consumer good. See Norman R. Cox, Jr. & William E. Osterhoff, The Public-Private Partnership: A Challenge and an Opportunity for Corrections, in Privatizing Correctional Institutions 113, 117-24 (Gary W. Bowman et al. eds., 1993); Todd Mason, For Profit Jails: A Risky Business, in Privatizing Correctional Institutions, supra, at 163, 163-74; H. Laws McCullough & Timothy S. Maguigan, Proving Privatization Works, in Privatizing Correctional Institutions, supra, at 157, 157-61.
439. Generally they seek not to end the city's role in crime control but to contract out technical support for police services and to expand the market for security packaged as a consumer good. See Norman R. Cox, Jr. & William E. Osterhoff, The Public-Private Partnership: A Challenge and an Opportunity for Corrections, in Privatizing Correctional Institutions 113, 117-24 (Gary W. Bowman et al. eds., 1993); Todd Mason, For Profit Jails: A Risky Business, in Privatizing Correctional Institutions, supra, at 163, 163-74; H. Laws McCullough & Timothy S. Maguigan, Proving Privatization Works, in Privatizing Correctional Institutions, supra, at 157, 157-61.
440. Generally they seek not to end the city's role in crime control but to contract out technical support for police services and to expand the market for security packaged as a consumer good. See Norman R. Cox, Jr. & William E. Osterhoff, The Public-Private Partnership: A Challenge and an Opportunity for Corrections, in Privatizing Correctional Institutions 113, 117-24 (Gary W. Bowman et al. eds., 1993); Todd Mason, For Profit Jails: A Risky Business, in Privatizing Correctional Institutions, supra, at 163, 163-74; H. Laws McCullough & Timothy S. Maguigan, Proving Privatization Works, in Privatizing Correctional Institutions, supra, at 157, 157-61.
441. See Liebert, supra note 3, at 18-22. Cities provide many other services as well. For example, Boston has a cemetery division, supports libraries, and provides veterans' services, see City of Boston, Fiscal Year 1994 Operating Budget tbl.1, and Denver funds an art museum, a water department, and a human rights commission, see City and County of Denver, 1996 Budget Summary, at 15.
442. See supra note 4. Other criteria have also been suggested for the allocation of urban functions. See Advisory Commission on Intergovernmental Relations, Performance of Urban Functions: Local and Areawide (1963); Organizing Public Services in Metropolitan America 191-210 (Thomas P. Murphy & Charles R. Warren eds., 1974).
443. See supra note 4. Other criteria have also been suggested for the allocation of urban functions. See Advisory Commission on Intergovernmental Relations, Performance of Urban Functions: Local and Areawide (1963); Organizing Public Services in Metropolitan America 191-210 (Thomas P. Murphy & Charles R. Warren eds., 1974).
444. Such a decision, like resource allocation, could be allocated to a regional legislature composed of the region's cities. Here again, however, other forms of decisionmaking are possible as well. See supra note 60.
445. See Eugene J. Wingerter, Refuse Collection, in Privatization: The Provision of Public Services by the Private Sector 193 (Roger L. Kemp ed., 1991) (assessing efficiency of privatized refuse collection in United States and Canada).
446. See Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment, 1880-1980, at 21-78, 107-08 (1981).
447. Civic Club of Philadelphia, Civic Club Bull. 5:15 (Oct. 1911), quoted in Melosi, supra note 208, at 112.
448. Civic Club of Philadelphia, Civic Club Bull. 5:15 (Oct. 1911), quoted in Melosi, supra note 208, at 112.
449. See supra note 194.
450. On nineteenth century attitudes about the importance of civic involvement, see Melosi, supra note 208, at 74-76, 105-33; for a modern analysis of the cooperative instinct, and thus an argument against the notion people are by nature "free riders," see Lewinsohn-Zamir, supra note 33.
451. On nineteenth century attitudes about the importance of civic involvement, see Melosi, supra note 208, at 74-76, 105-33; for a modern analysis of the cooperative instinct, and thus an argument against the notion people are by nature "free riders," see Lewinsohn-Zamir, supra note 33.
452. See, e.g., Donahue, supra note 26, at 7.
453. See Robert E. Suggs, Minorities and Privatization: Economic Mobility at Risk (1989); John F. Zipp, Government Employment and Black-White Earnings Inequality, 1980-1990, 41 Soc. Probs. 363, 369 (1994).
454. See Robert E. Suggs, Minorities and Privatization: Economic Mobility at Risk (1989); John F. Zipp, Government Employment and Black-White Earnings Inequality, 1980-1990, 41 Soc. Probs. 363, 369 (1994).
455. See Donahue, supra note 26, at 143-46; James B. Ramsey, Selling the New York City Subway: Wild-Eyed Radicalism or the Only Feasible Solution?, in Prospects for Privatizaion 93, 95-96 (Steve H. Hanke ed., 1987).
456. See Donahue, supra note 26, at 143-46; James B. Ramsey, Selling the New York City Subway: Wild-Eyed Radicalism or the Only Feasible Solution?, in Prospects for Privatizaion 93, 95-96 (Steve H. Hanke ed., 1987).
457. See Jerry Frug, The Choice Between Privatization and Publicazation, 14 Current Mun. Probs. 20, 23-24 (1987). See generally Jerry Frug, Administrative Democracy, 40 U. Toronto L.J. 559 (1990).
458. See Jerry Frug, The Choice Between Privatization and Publicazation, 14 Current Mun. Probs. 20, 23-24 (1987). See generally Jerry Frug, Administrative Democracy, 40 U. Toronto L.J. 559 (1990).
459. See, e.g., Donahue, supra note 26, at 7.
460. See Robert E. Suggs, Minorities and Privatization: Economic Mobility at Risk (1989); John F. Zipp, Government Employment and Black-White Earnings Inequality, 1980-1990, 41 Soc. Probs. 363, 369 (1994).
461. See Robert E. Suggs, Minorities and Privatization: Economic Mobility at Risk (1989); John F. Zipp, Government Employment and Black-White Earnings Inequality, 1980-1990, 41 Soc. Probs. 363, 369 (1994).
462. See Donahue, supra note 26, at 143-46; James B. Ramsey, Selling the New York City Subway: Wild-Eyed Radicalism or the Only Feasible Solution?, in Prospects for Privatization 93, 95-96 (Steve H. Hanke ed., 1987).
463. See Donahue, supra note 26, at 143-46; James B. Ramsey, Selling the New York City Subway: Wild-Eyed Radicalism or the Only Feasible Solution?, in Prospects for Privatization 93, 95-96 (Steve H. Hanke ed., 1987).
464. See Jerry Frug, The Choice Between Privatization and Publicazation, 14 Current Mun. Probs. 20, 23-24 (1987). See generally Jerry Frug, Administrative Democracy, 40 U. Toronto L.J. 559 (1990).
465. See Jerry Frug, The Choice Between Privatization and Publicazation, 14 Current Mun. Probs. 20, 23-24 (1987). See generally Jerry Frug, Administrative Democracy, 40 U. Toronto L.J. 559 (1990).
466. See generally Burns, supra note 59.
467. See Census Bureau, supra note 1, at 20-21 (listing special district governments by function and state); id. at 27 (listing public school systems by type and state); Burns, supra note 59, at 11 (listing all special districts and authorities). For a history of school districts, see generally Joseph M. Cronin, The Control of Urban Schools: Perspective on the Power of Educational Reformers (1973).
468. See Burns, supra note 59, at 25-32 (describing how developers of unincorporated areas prefer creation of special districts to annexation to nearby cities as means of funding infrastructure); Briffault, supra note 9, at 375-78 (arguing that limited-purpose districts, once seen as a bridge to consolidated city-suburb government, have instead provided suburbs with alternative to full fledged regional government). For the analogous role that contracting has played for city services, see Miller, supra note 9, at 20 (describing how some Los Angeles suburbs were enabled to engage in exclusionary zoning because they could cheapen cost of incorporating as separate city by contracting with Los Angeles County for relatively inexpensive city services).
469. See Burns, supra note 59, at 25-32 (describing how developers of unincorporated areas prefer creation of special districts to annexation to nearby cities as means of funding infrastructure); Briffault, supra note 9, at 375-78 (arguing that limited-purpose districts, once seen as a bridge to consolidated city-suburb government, have instead provided suburbs with alternative to full fledged regional government). For the analogous role that contracting has played for city services, see Miller, supra note 9, at 20 (describing how some Los Angeles suburbs were enabled to engage in exclusionary zoning because they could cheapen cost of incorporating as separate city by contracting with Los Angeles County for relatively inexpensive city services).
470. See Burns, supra note 59, at 25-32 (describing how developers of unincorporated areas prefer creation of special districts to annexation to nearby cities as means of funding infrastructure); Briffault, supra note 9, at 375-78 (arguing that limited-purpose districts, once seen as a bridge to consolidated city-suburb government, have instead provided suburbs with alternative to full fledged regional government). For the analogous role that contracting has played for city services, see Miller, supra note 9, at 20 (describing how some Los Angeles suburbs were enabled to engage in exclusionary zoning because they could cheapen cost of incorporating as separate city by contracting with Los Angeles County for relatively inexpensive city services).
471. When controlled by property owners, their votes are commonly weighted (as in business corporations) according to the assessed valuation of the property. See Ball v. James, 451 U.S. 355, 371 (1981) (holding that water district's voting scheme limiting right to vote to property owners and weighting votes according to number of acres owned does not violate Fourteenth Amendment's one-person, one-vote rule because property owners are disproportionately affected by district's operations). There are exceptions, such as the Bay Area Rapid Transit District Board of Directors, which is elected by the public at large. See Cal. Pub. Util. Code §§ 28745, 28747.2 (Deering 1987).
472. See supra text accompanying notes 86-93.
473. See generally Lowell M. Limpus, History of The New York Fire Department (1940).
474. See, e.g., Jim Dwyer, A Frenzy in Dreadful Darkness, N. Y. Daily News, July 6, 1997, at 2 (describing New York City residents' fears of fires and looting during 1977 blackout).
475. See generally Jane Holtz Kay, Asphalt Nation: How the Automobile Took Over America, and How We Can Take It Back (1997). On direct city costs, see id. at 126.
476. See generally Jane Holtz Kay, Asphalt Nation: How the Automobile Took Over America, and How We Can Take It Back (1997). On direct city costs, see id. at 126.
477. On highway placement, see Mike Royko, Boss: Richard J. Daley of Chicago 132-33 (1971) ("Containing the Negro was unspoken city policy. Even expressways were planned as man-made barriers, the unofficial borders. The Dan Ryan, for instance, was shifted several blocks during the planning stage to make one of the ghetto walls."). On mass transit location, consider the Washington Metro's relationship to Georgetown and the Bay Area Rapid Transit's relationship to Marin County.
478. For a discussion of the class differences between those who "take the early bus" and those who drive, see Kay, supra note 223, at 35-53.
479. See Calthorpe, supra note 47, at 104-07 (discussing various methods for increasing mass transit ridership); see also Regional Plan Association, A Region at Risk: The Third Regional Plan for The New York-New Jersey-Connecticut Metropolitan Area 150-80 (Robert D. Yaro & Tony Hiss eds., 1996) (recommending targeted "mobility" spending to further develop New York City metropolitan area); Cities for People: Car Free Cities (visited Oct. 29,1997) 〈http://www.mokum.com/city/index.html〉 (proposing free mass transit). But see Ramsey, supra note 214, at 99-103 (proposing that New York City sell its subway system to private companies who would then sell subway rides at market rates, with the city using revenue derived from the private companies to subsidize low income riders).
480. See Calthorpe, supra note 47, at 104-07 (discussing various methods for increasing mass transit ridership); see also Regional Plan Association, A Region at Risk: The Third Regional Plan for The New York-New Jersey-Connecticut Metropolitan Area 150-80 (Robert D. Yaro & Tony Hiss eds., 1996) (recommending targeted "mobility" spending to further develop New York City metropolitan area); Cities for People: Car Free Cities (visited Oct. 29,1997) 〈http://www.mokum.com/city/index.html〉 (proposing free mass transit). But see Ramsey, supra note 214, at 99-103 (proposing that New York City sell its subway system to private companies who would then sell subway rides at market rates, with the city using revenue derived from the private companies to subsidize low income riders).
481. See Calthorpe, supra note 47, at 104-07 (discussing various methods for increasing mass transit ridership); see also Regional Plan Association, A Region at Risk: The Third Regional Plan for The New York-New Jersey-Connecticut Metropolitan Area 150-80 (Robert D. Yaro & Tony Hiss eds., 1996) (recommending targeted "mobility" spending to further develop New York City metropolitan area); Cities for People: Car Free Cities (visited Oct. 29,1997) 〈http://www.mokum.com/city/index.html〉 (proposing free mass transit). But see Ramsey, supra note 214, at 99-103 (proposing that New York City sell its subway system to private companies who would then sell subway rides at market rates, with the city using revenue derived from the private companies to subsidize low income riders).
482. See Calthorpe, supra note 47, at 104-07 (discussing various methods for increasing mass transit ridership); see also Regional Plan Association, A Region at Risk: The Third Regional Plan for The New York-New Jersey-Connecticut Metropolitan Area 150-80 (Robert D. Yaro & Tony Hiss eds., 1996) (recommending targeted "mobility" spending to further develop New York City metropolitan area); Cities for People: Car Free Cities (visited Oct. 29,1997) 〈http://www.mokum.com/city/index.html〉 (proposing free mass transit). But see Ramsey, supra note 214, at 99-103 (proposing that New York City sell its subway system to private companies who would then sell subway rides at market rates, with the city using revenue derived from the private companies to subsidize low income riders).
483. For an argument that the last two of these individuals should be zoned out of large sections of the metropolitan area, see Ellickson, supra note 173, at 1220.
484. See generally Cranz, supra note 53 (detailing many roles of parks in public life of cities).
485. For an account of the happenings organized in Central Park during the Lindsay administration, see Cranz, supra note 53, at 138-42; Rosenzweig & Blackmar, supra note 53, at 489-98.
486. For an account of the happenings organized in Central Park during the Lindsay administration, see Cranz, supra note 53, at 138-42; Rosenzweig & Blackmar, supra note 53, at 489-98.
487. See Margo Adler, N.Y. vs. Las Vegas, on All Things Considered (National Public Radio broadcast, Dec. 31, 1996), available in LEXIS, Nexis Library, NPR File; Charmagne Heiton, Freaknik '96; It All Started in 1982 as Friendly Little Picnic, Atlanta Const., Apr. 19, 1996, at 4H; Mardi Gras: Tuesday Sin, Lent Repent, Telegraph Herald (Dubuque, Iowa), Feb. 21, 1996, at C6; Diego Ribadeneira, It Was Revelry on the River, Boston Globe, July 5, 1997, at Al; Sydney's Gay and Lesbian Mardi Gras Draws Record-Breaking Crowd, Agence France Presse, Mar. 2, 1997, available in LEXIS, Nexis Library, AFP File (reporting attendance of 700,000 people at gay pride parade).
488. See Margo Adler, N.Y. vs. Las Vegas, on All Things Considered (National Public Radio broadcast, Dec. 31, 1996), available in LEXIS, Nexis Library, NPR File; Charmagne Heiton, Freaknik '96; It All Started in 1982 as Friendly Little Picnic, Atlanta Const., Apr. 19, 1996, at 4H; Mardi Gras: Tuesday Sin, Lent Repent, Telegraph Herald (Dubuque, Iowa), Feb. 21, 1996, at C6; Diego Ribadeneira, It Was Revelry on the River, Boston Globe, July 5, 1997, at Al; Sydney's Gay and Lesbian Mardi Gras Draws Record-Breaking Crowd, Agence France Presse, Mar. 2, 1997, available in LEXIS, Nexis Library, AFP File (reporting attendance of 700,000 people at gay pride parade).
489. See Margo Adler, N.Y. vs. Las Vegas, on All Things Considered (National Public Radio broadcast, Dec. 31, 1996), available in LEXIS, Nexis Library, NPR File; Charmagne Heiton, Freaknik '96; It All Started in 1982 as Friendly Little Picnic, Atlanta Const., Apr. 19, 1996, at 4H; Mardi Gras: Tuesday Sin, Lent Repent, Telegraph Herald (Dubuque, Iowa), Feb. 21, 1996, at C6; Diego Ribadeneira, It Was Revelry on the River, Boston Globe, July 5, 1997, at Al; Sydney's Gay and Lesbian Mardi Gras Draws Record-Breaking Crowd, Agence France Presse, Mar. 2, 1997, available in LEXIS, Nexis Library, AFP File (reporting attendance of 700,000 people at gay pride parade).
490. See Margo Adler, N.Y. vs. Las Vegas, on All Things Considered (National Public Radio broadcast, Dec. 31, 1996), available in LEXIS, Nexis Library, NPR File; Charmagne Heiton, Freaknik '96; It All Started in 1982 as Friendly Little Picnic, Atlanta Const., Apr. 19, 1996, at 4H; Mardi Gras: Tuesday Sin, Lent Repent, Telegraph Herald (Dubuque, Iowa), Feb. 21, 1996, at C6; Diego Ribadeneira, It Was Revelry on the River, Boston Globe, July 5, 1997, at Al; Sydney's Gay and Lesbian Mardi Gras Draws Record-Breaking Crowd, Agence France Presse, Mar. 2, 1997, available in LEXIS, Nexis Library, AFP File (reporting attendance of 700,000 people at gay pride parade).
491. See, e.g., Gerald E. Frug, Property and Power: Hartog on the Legal History of New York City, 1984 Am. B. Found. Res. J. 673, 687-91 (1984) (proposing ways in which cities could increase democratic power by asserting property rights over important economic institutions); Matthew J. Mitten & Bruce W. Burton, Professional Sports Franchise Relocations from Private Law and Public Law Perspectives: Balancing Market Competition, League Autonomy, and the Need for a Level Playing Field, 56 Md. L. Rev. 57, 141-42 (1997) ("The Green Bay Packers franchise has been publicly owned by citizens of its local community for many years, and forty percent of the Boston Celtics franchise is publicly owned. The Toronto Blue Jays, New York Knicks, and Boston Bruins are publicly owned in whole or in part."); Randy Stoecker, The CDC Model of Urban Redevelopment: A Critique and an Alternative, 19 J. Urb. Aff. 1, 14 (1997) (discussing city sponsored neighborhood planning programs stimulating economic development as alternative to programs sponsored by community development corporations); Michael E. Porter, The Competitive Advantage of the Inner City, Harv. Bus. Rev., May-June 1995, at 67-69 (offering profit-oriented reasons for developing inner cities).
492. See, e.g., Gerald E. Frug, Property and Power: Hartog on the Legal History of New York City, 1984 Am. B. Found. Res. J. 673, 687-91 (1984) (proposing ways in which cities could increase democratic power by asserting property rights over important economic institutions); Matthew J. Mitten & Bruce W. Burton, Professional Sports Franchise Relocations from Private Law and Public Law Perspectives: Balancing Market Competition, League Autonomy, and the Need for a Level Playing Field, 56 Md. L. Rev. 57, 141-42 (1997) ("The Green Bay Packers franchise has been publicly owned by citizens of its local community for many years, and forty percent of the Boston Celtics franchise is publicly owned. The Toronto Blue Jays, New York Knicks, and Boston Bruins are publicly owned in whole or in part."); Randy Stoecker, The CDC Model of Urban Redevelopment: A Critique and an Alternative, 19 J. Urb. Aff. 1, 14 (1997) (discussing city sponsored neighborhood planning programs stimulating economic development as alternative to programs sponsored by community development corporations); Michael E. Porter, The Competitive Advantage of the Inner City, Harv. Bus. Rev., May-June 1995, at 67-69 (offering profit-oriented reasons for developing inner cities).
493. See, e.g., Gerald E. Frug, Property and Power: Hartog on the Legal History of New York City, 1984 Am. B. Found. Res. J. 673, 687-91 (1984) (proposing ways in which cities could increase democratic power by asserting property rights over important economic institutions); Matthew J. Mitten & Bruce W. Burton, Professional Sports Franchise Relocations from Private Law and Public Law Perspectives: Balancing Market Competition, League Autonomy, and the Need for a Level Playing Field, 56 Md. L. Rev. 57, 141-42 (1997) ("The Green Bay Packers franchise has been publicly owned by citizens of its local community for many years, and forty percent of the Boston Celtics franchise is publicly owned. The Toronto Blue Jays, New York Knicks, and Boston Bruins are publicly owned in whole or in part."); Randy Stoecker, The CDC Model of Urban Redevelopment: A Critique and an Alternative, 19 J. Urb. Aff. 1, 14 (1997) (discussing city sponsored neighborhood planning programs stimulating economic development as alternative to programs sponsored by community development corporations); Michael E. Porter, The Competitive Advantage of the Inner City, Harv. Bus. Rev., May-June 1995, at 67-69 (offering profit-oriented reasons for developing inner cities).
494. See, e.g., Gerald E. Frug, Property and Power: Hartog on the Legal History of New York City, 1984 Am. B. Found. Res. J. 673, 687-91 (1984) (proposing ways in which cities could increase democratic power by asserting property rights over important economic institutions); Matthew J. Mitten & Bruce W. Burton, Professional Sports Franchise Relocations from Private Law and Public Law Perspectives: Balancing Market Competition, League Autonomy, and the Need for a Level Playing Field, 56 Md. L. Rev. 57, 141-42 (1997) ("The Green Bay Packers franchise has been publicly owned by citizens of its local community for many years, and forty percent of the Boston Celtics franchise is publicly owned. The Toronto Blue Jays, New York Knicks, and Boston Bruins are publicly owned in whole or in part."); Randy Stoecker, The CDC Model of Urban Redevelopment: A Critique and an Alternative, 19 J. Urb. Aff. 1, 14 (1997) (discussing city sponsored neighborhood planning programs stimulating economic development as alternative to programs sponsored by community development corporations); Michael E. Porter, The Competitive Advantage of the Inner City, Harv. Bus. Rev., May-June 1995, at 67-69 (offering profit-oriented reasons for developing inner cities).
495. A vast literature suggests candidates for this privatization. See supra note 26.
496. See Enrich, supra note 39, at 391-93 (arguing that factors like wage levels, skill levels, utility costs, accessibility of raw materials and markets, and regulatory stringency are major determinants of business location decisions). Some scholars argue that a region's cities are highly interdependent and that increasing the welfare of those that are worst off improves the competitiveness of the metropolitan region as a whole. See generally H. V. Savitch et al., Ties That Bind: Central Cities, Suburbs, and the New Metropolitan Region, 7 Econ. Dev. Q. 341 (1993); Richard Voith, City and Suburban Growth: Substitutes or Complements?, Bus. Rev. (Fed. Reserve Bank of Philadelphia) 21 (Sept.-Oct. 1992); Henry Cisneros, U.S. Dep't of Housing & Urban Dev., Essay No. 3, Regionalism: The New Geography of Opportunity (1995) (describing benefits accruing to those metropolitan areas where suburbs participate in finding solutions to inner city problems).
497. See Enrich, supra note 39, at 391-93 (arguing that factors like wage levels, skill levels, utility costs, accessibility of raw materials and markets, and regulatory stringency are major determinants of business location decisions). Some scholars argue that a region's cities are highly interdependent and that increasing the welfare of those that are worst off improves the competitiveness of the metropolitan region as a whole. See generally H. V. Savitch et al., Ties That Bind: Central Cities, Suburbs, and the New Metropolitan Region, 7 Econ. Dev. Q. 341 (1993); Richard Voith, City and Suburban Growth: Substitutes or Complements?, Bus. Rev. (Fed. Reserve Bank of Philadelphia) 21 (Sept.-Oct. 1992); Henry Cisneros, U.S. Dep't of Housing & Urban Dev., Essay No. 3, Regionalism: The New Geography of Opportunity (1995) (describing benefits accruing to those metropolitan areas where suburbs participate in finding solutions to inner city problems).
498. See Enrich, supra note 39, at 391-93 (arguing that factors like wage levels, skill levels, utility costs, accessibility of raw materials and markets, and regulatory stringency are major determinants of business location decisions). Some scholars argue that a region's cities are highly interdependent and that increasing the welfare of those that are worst off improves the competitiveness of the metropolitan region as a whole. See generally H. V. Savitch et al., Ties That Bind: Central Cities, Suburbs, and the New Metropolitan Region, 7 Econ. Dev. Q. 341 (1993); Richard Voith, City and Suburban Growth: Substitutes or Complements?, Bus. Rev. (Fed. Reserve Bank of Philadelphia) 21 (Sept.-Oct. 1992); Henry Cisneros, U.S. Dep't of Housing & Urban Dev., Essay No. 3, Regionalism: The New Geography of Opportunity (1995) (describing benefits accruing to those metropolitan areas where suburbs participate in finding solutions to inner city problems).
499. See Enrich, supra note 39, at 391-93 (arguing that factors like wage levels, skill levels, utility costs, accessibility of raw materials and markets, and regulatory stringency are major determinants of business location decisions). Some scholars argue that a region's cities are highly interdependent and that increasing the welfare of those that are worst off improves the competitiveness of the metropolitan region as a whole. See generally H. V. Savitch et al., Ties That Bind: Central Cities, Suburbs, and the New Metropolitan Region, 7 Econ. Dev. Q. 341 (1993); Richard Voith, City and Suburban Growth: Substitutes or Complements?, Bus. Rev. (Fed. Reserve Bank of Philadelphia) 21 (Sept.-Oct. 1992); Henry Cisneros, U.S. Dep't of Housing & Urban Dev., Essay No. 3, Regionalism: The New Geography of Opportunity (1995) (describing benefits accruing to those metropolitan areas where suburbs participate in finding solutions to inner city problems).
500. One example is the boundary between Grosse Point and Detroit. There are many others.
501. See generally Paul Peterson, City Limits (1981).
502. The Census now defines regional areas and is therefore a place to begin. Its definition relies on factors such as community, density, and the percentage of urbanized space. The 1990 Census, however, recognized the complexity of this task by distinguishing between a primary metropolitan statistical area (PMSA) and a consolidated metropolitan statistical area (CMSA) - the latter being an area that includes more than one PMSA. See Census Bureau, U.S. Dep't of Commerce, Metropolitan Areas (last modified May 9, 1997) 〈http://www.census.gov/population/www/estimates/metrodef.html〉. State governments also have a role in the definition of regions because many of them do not cross state lines. Indeed, states may well be the first place to turn - as they have been to date. See, e.g., Or. Rev. Stat. § 268 (1995) (creating Metropolitan Service Districts in Oregon).
503. See Neil Shouse, The Bifurcation 1 (unpublished manuscript, on file with author). As he describes it, the private sphere in America will have entrance requirements, privatize all city services, and defend its boundaries through the law of private property; after the departure of the wealthy (and the not so wealthy), life for those remaining in the public sphere is pretty grim. See id. at 23 (describing the public sphere post-2007 as a world of "streets desolated but for frenetically speeding cars and sporadic congregations of young hoods").