In this paper, forthcoming in the Virginia Law Review, I explore the role of litigation as a policy-making and rule-generating process in the context of a democratic republic. In democracies, legislatures redistribute wealth, rights, and privileges; debate rages over the direction of this...

Municipalities in fiscal distress may seek to adjust debts under Chapter 9 of the Bankruptcy Code either because they are truly destitute or because they lack the political will to adopt affordable tax increases. Local officials of municipalities that enter bankruptcy proceedings nevertheless...

Cover -- CONTENTS -- PREFACE -- 1 The Scope of Local Competence -- 2 Why Does Local Autonomy Matter? -- 3 The Meaning and Scope of Local Redistribution -- 4 Why Do Local Governments Redistribute? -- 5 Local Political Markets and State Constitutional Constraints -- 6 Proxies for Distinguishing...