New England Journal of Public Policy

Article Title

Getting Power Back: Court Restoration of Executive Authority in Boston City Government

Authors

Marcy M. Murninghan, Mitchell Investment Management Company, Inc.

Abstract

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.

Recommended Citation

Murninghan, Marcy M. (1985) "Getting Power Back: Court Restoration of Executive Authority in Boston City Government," New England Journal of Public Policy: Vol. 1: Iss. 2, Article 9.
Available at: https://scholarworks.umb.edu/nejpp/vol1/iss2/9