Judges and the Cities
Interpreting Local Autonomy
As concrete examples, Clark analyzes four court disputes in depth, showing that the concept of local autonomy has very different meanings and implications in each of them. These cases—Boston's defense of resident-preference hiring policies, conflict over urban land-use zoning in Toronto, a Chicago's suburb's fight against a sewage treatment plant, and the evolution of the City of Denver's power since 1900—demonstrate that legal reasoning is not impervious to other kinds of reasoning, and the solutions provided by the courts are not unique. To ground his explorations, Clark investigates both liberalism and structuralism, showing that both are inadequate bases for determining social policy. He mounts provocative critiques of the works of de Tocqueville, Nozick, Tiebout, and Posner on the one hand and Castells and Poulantzas on the other.
This ambitious and important work will command the interest of geographers, political scientists, economists, sociologists, and legal scholars.
I. Interpreting Social Categories
2. Public and Private Space
3. Making Law and Interpreting Law
4. Models of Local Autonomy
II. Manufacturing Determinacy
5. The Politics of Local Jobs
6. The Structure of Land-Use Adjudication
7. The Tensions of Urban Public Service Provision
8. The Doctrine of Local Matters
III. Local Autonomy Reconsidered
9. Local Autonomy in Contemporary Society