The New Juridical Federalism and the Alienation of Public Policy and Administration

and John Hart Ely , Democracy and Distrust (Cambridge: Harvard University Press, 1980).

2 See, e.g., The Condition of Contemporary Federalism: Conflicting Theories and Collapsing Constraints (Washington, D.C.: Advisory Commission on Intergovernmental Relations, 1981).

3The Washington Post, January 27, 1982, p. A12.

For a more "popular" approach, see Richard Neely , How Courts Govern America (New Haven: Yale University Press, 1981).

5 See Figure 1 in Cynthia Cates Colella , "The Mandate, the Mayor, and the Menace of Liability," Inter-governmental Perspective 7 (Fall 1981): pp. 18, 19.

6 See A. Howard , I'll See You in Court: The States and the Supreme Court (Washington, D.C.: National Governors' Association, 1980).

and Walter J. Groszyk Jr. and Thomas J. Madden , "Managing Without Immunity: The Challenge for State and Local Government Officials in the 1980s," Public Administration Review 41 (March/April 1981): p. 274.

and Linda Greenhouse , "The Fall and Rise of the 10th Amendment," New York Times, January 17, 1982, p. E 9.

⁹ As National League of Cities v. Usery, 426 U.S. 893 (1976) suggests, state sovereignty remains a significant constitutional concern. The most likely result in the immediate future is a new mix of grants law, civil rights law, and state sovereignty doctrine.

Richard Cappalli , "Federal Grant Disputes: The Lawyer's Next Domain," Urban Lawyer 11 (1979): p. 377.

This Report contributed to the Office of Management and Budget review, under the Federal Grant and Cooperative Agreement Act of 1977, Public Law 95-224, Managing Federal assistance in the 1980s (Washington, D.C.: Executive Office of the President, 1980).

12"The Courts and Grant Reform: A Time for Action," Intergovernmental Perspective 7 (Fall 1981), p. 6.

13 office of Management and Budget , Managing Federal Assistance in the 1980s, Working Papers, Volume One (Washington, D.C.: Executive Office of the President, 1980).

and "Mandating Operationalizing Domination," Publius 11 (April 1981): p. 59.

¹⁵ See footnote 7, above.

16 My colleague at the Maxwell School, David Rosenbloom, has stressed this point. See "The Judicial Response to the Rise of the Administrative State," American Review of Public Administration 15 (Spring 1981): p. 29.

17 Note, "Developments in the Law: Section 1983," Harvard Law Review 90 (1977): p. 1133.

Theodore Eisenberg and Stephen C. Yeazell , "The Ordinary and the Extraordinary in Institutional Litigation," Harvard Law Review 93 (1980): p. 465.

19"This estimate is based upon the cases cited by Gerald E. Frug in 1978, and a search of case law, 1978-1981. See Gerald E. Frug , "The Judicial Power of the Purse," University of Pennsylvania Law Review 126 (April 1978): p. 215.

Note, "Confronting the Conditions of Confinement: An Expanded Role for Courts in Prison Reform," Harvard Civil Liberties Law Review 12 (1977): p. 367.

As an example of the exercise of broad equitable powers, Abram Chayes cites the fact that from 1870 to 1933, federal judges appointed equitable receivers to reorganize over 1,000 railroads. "The Role of the Judge in Public Law Litigation," Harvard Law Review 89 (1976): pp. 1281, 1303.

22Chayes, p. 1298.

23 See Note, "Implementation Problems in Institutional Reform Litigation," Harvard Law Review 91 (1977): p. 428.

See, also, Donald C. Horowitz , The Courts and Social Policy (Washington, D.C.: The Brookings Institution, 1977).

25American Politics: The Promise of Disharmony (Cambridge: Harvard University Press, 1981).

26Ibid., p. 75.

27 "The Judicial Response to the Rise of the Administrative State," American Review of Public Administration 15 (Spring 1981): p. 27.

28 See, for example, Fernando E. Agrait , "In Search of a Role for the Legal System," Brigham Young University Law Review (1980): p. 797, and the works cited therein.

29 See for example, the results of the Harris Survey and the Gallup Poll , "What Americans Think of Business Leaders," U.S. News and World Report, Sept. 6, 1982, p. 29.

30" Richard Neely , How Courts Govern America (New Haven: Yale University Press, 1981).

Brown observes: "Although the recently enacted block grants may alter the fiscal political landscape, there is no indication that the judicial role will be significantly altered," p. 14.

32 James D. Carroll , The Study of Administration Revisited, Circa 1987 (Washington, D.C.: American Society for Public Administration, 1983).

33 Woodrow Wilson , "The Study of Administration," reprinted in Political Science Quarterly 55 (0000): p. 494.

34Ibid., p. 496.

35 Ibid., p. 496.

36 See, e.g., Dwight Waldo , The Enterprise of Public Administration (Novato: Chandler Publishing Company, 1981).

37 Frederick C. Mosher , Democracy and the Public Service (New York: Oxford University Press, 1982).