State and Local Government

• Semester: Spring 2023
• Course ID: 494P
• Credit Hours: 4
• Unique: 29350

Description

When we speak of "government" in the law school curriculum, we too often forget that public governments in the United States include those of the 50 states and their more than 90,000 political subdivisions: 3,000 counties, 19,500 municipal corporations, 16,000 townships, 12,800 school districts, and 38,000 special districts. This offering focuses on America's sub-national governments in discussing questions such as: How should our local "communities" be defined in practice, and who should decide? What is and should be the relationship that states and localities have with the federal government, their citizens, and other states and localities? Which level of government (if any) should provide a particular good or service or regulate activity in a particular area? How should the goods and services provided by states and localities be paid for, and who should decide? In addition to traditional legal materials such as cases, statutes, ordinances, constitutional provisions, and law review articles, we will draw upon materials from a wide range of other disciplines: political theory, public choice theory, public finance, and political economy. Aspiring governors, senators, mayors, city council members, state attorneys general, and school board members welcome! Written requirements: One short paper (4-5 pages) and a 3-hour, in class, essay examination. Casebook: L. Baker, C. Gillette & D. Schleicher, Local Government Law: Cases and Materials (Foundation Press; 6th edition 2021). Prerequisite: None; 4 hours credit.