This article chronicles some of the events that occurred when a state and a federal court attempted to disengage from active jurisdiction over two Boston public systems: the public schools and the Boston Housing Authority (BHA). It makes three proposals which, if enacted, would help to keep the courts out of day-to-day management of municipal operations. It also makes some generalizations about the court-agency interplay which are relevant to the postremedial phase of institutional reform litigation. The author uses the term restorative law to describe this court-controlled process of returning power to the executive branch.
Murninghan, Marcy M.
"Getting Power Back: Court Restoration of Executive Authority in Boston City Government,"
New England Journal of Public Policy:
2, Article 9.
Available at: http://scholarworks.umb.edu/nejpp/vol1/iss2/9