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Richard Schragger

Bio: Richard Schragger is an academic researcher from University of Virginia. The author has contributed to research in topics: Free Exercise Clause & State (polity). The author has an hindex of 10, co-authored 45 publications receiving 344 citations.

Papers
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Journal Article
TL;DR: In this paper, the authors examine municipal efforts to control, regulate, and redistribute mobile capital, including minimum and living wage ordinances, local labor laws, and anti-chain and anti--big box store zoning ordinances.
Abstract: INTRODUCTION 483 I. MOBILE CAPITAL AND LOCAL GOVERNMENT LAW 488 A. The Limited City 489 B. Giveaways and Exploitation 491 C. Reformist Responses to the Problems of Giveaways and 498 Exploitation D. The Post-Industrial City and Mobile Capital 502 II. EFFORTS TO REGULATE MOBILE CAPITAL 506 A. Conditions on Mobile Capital 508 B. Labor-Friendly Redistribution 512 C. Exclusion of Mobile Capital 517 III. A LOCALIST REGULATORY ORDER 520 A. Leveraging Sticky Capital 520 B. Leveraging Translocal Networks 526 C. Leveraging Economic Localism 529 IV. CITY-BUSINESS RELATIONS IN THE COMMERCIAL REPUBLIC 533 A. Local Autonomy 534 B. Local Economic Policy 536 CONCLUSION 539 INTRODUCTION This Article examines municipal efforts to control, regulate, and redistribute mobile capital. The conventional economic story is that it is quite difficult (and counterproductive) for subnational governments to attempt to control capital flows or engage in redistribution. (1) Local governments are said to be particularly disabled because they are relatively small and cannot easily control migration across their borders. Because of interjurisdictional competition, local governments have a relatively limited set of policy choices. Mobile capital will flee aggressive efforts to regulate it. Thus, urban politics must invariably be biased in favor of mobile capital--cities must be "business friendly"--while robust economic regulation must necessarily take place at a higher level of government. More importantly, territorially limited local jurisdictions can only weakly counter large-scale processes like deindustrialization, suburbanization, and globalization. While potentially painful, plant closings, the movement of manufacturing to the South or overseas, the movement of persons out of old, cold cities to new, warm ones, or out of cities into suburbs, are unavoidable consequences of relatively open economic markets. (2) Cities nonetheless have long sought to entice mobile capital. They have also attempted to constrain or redistribute capital once in place. The latter is my focus here, as cities have recently engaged in a flurry of efforts to redistribute capital, place conditions on it, or limit its entry. These efforts include municipal minimum and living wage ordinances, local labor laws, and anti--chain and anti--big box store zoning ordinances. Moreover, local nonprofits--often in conjunction with organized labor or national antipoverty groups--have begun to negotiate community benefits agreements that require developers to comply with neighborhood demands or face political opposition. Local groups have also prevented the entry of large, national retailers altogether. These "site-fights" have attracted a great deal of attention in no small part because Wal-Mart--the largest private employer in the world--has been a chief target. (3) These initiatives and movements are small but notable because they tend to cut against the conventional economic and political wisdom. Indeed, despite the standard view that economic regulation cannot take place at the local level, cities are the main innovators. This fact should not be entirely surprising. Cities have always played a more significant regulatory role than most commentators appreciate, (4) though this role has been muted in the last century as federal and state governments have expanded and the great industrial cities have declined. …

34 citations

Posted Content
TL;DR: The anti-chain store movement has been studied in the context of globalization and the anti-big-box store movement as discussed by the authors, where the authors argue that the concentration of economic capital in large corporate entities threatened democratic citizenship.
Abstract: The rapid expansion of chain stores during the 1920s and 30s, especially the Great Atlantic and Pacific Tea Company (A&P), excited significant popular opposition. Chain store opponents, including Justice Louis Brandeis, argued that the chains were undermining the small, independent retailer and destroying America's small towns, and that the concentration of economic capital in large corporate entities threatened democratic citizenship. These localist and decentralist arguments were taken seriously by state legislatures, many of which adopted anti-chain store tax laws, and by Congress, which adopted amendments to the federal antitrust laws. This Article revives these arguments in order to describe a progressive, localist constitutionalism that has been lost since the late New Deal. The Article also uses the legal history of the anti-chain store movement to gain perspective on current debates about globalization and the anti-big-box store movements of today.

29 citations

Journal ArticleDOI
TL;DR: The authors examines local efforts to regulate mobile capital, which include putting conditions on the entry of development dollars through contract, excluding capital through anti-chain and anti-big box store laws, and redistributing from capital to labor through local minimum wage laws and other labor friendly legislation.
Abstract: This Article examines local efforts to regulate mobile capital. Despite the conventional wisdom that sub-national governments cannot effectively control or redistribute capital, cities have increasingly sought to do just that. This Article describes these efforts, which include putting conditions on the entry of development dollars through contract, excluding capital through anti-chain and anti-big box store laws, and redistributing from capital to labor through local minimum wage laws and other labor-friendly legislation. The Article describes the economic and political factors that have given rise to these local regulatory efforts and assesses their viability. In the course of doing so, I argue that the mobility of capital drives a set of local political pathologies, all of which revolve around the governmental promotion of, participation in, and subsidization of private commercial enterprise. Geographically fixed cities are both inclined to give too much away in trying to attract mobile capital and to extract too much from capital once it has become fixed in place. These two political problems - giveaways and exploitation - explain the historical development of local government law as well as current approaches to the division of labor among levels of government - city, state, and federal. The new "regulatory localism" challenges the proposition that industrial policy, redistribution, and other responses to global economic restructuring must be addressed at the national level. It also challenges the proposition that local economic development policies must necessarily be biased in favor of corporate capital.

29 citations

Posted Content
TL;DR: Schragger argues that the range of city policies is not limited by the requirements of capital but instead by a constitutional structure that serves the interests of state and federal officials as discussed by the authors.
Abstract: In 2013, Detroit filed the largest municipal bankruptcy in US history. That dubious honor marked the end of a long decline, during which city leaders slashed municipal costs and sought desperately to attract private investment. That same year, an economically resurgent New York City elected a progressive mayor intent on reducing income inequality and spurring more equitable economic development. Whether or not Mayor Bill de Blasio realizes his legislative vision, his agenda raises a fundamental question: can American cities govern or are they relatively powerless in the face of global capital? Both Detroit's demise and reigning theories of city agency suggest that in a world dominated by footloose transnational capital, cities have little capacity to effect social change. Cities have to "compete" with each other by offering favorable deals to corporations, reducing tax rates, limiting the public sector, and pursuing "business-friendly" policies. The notion that cities can do little but make themselves attractive to global capital also underscores a pervasive skepticism of municipal politics. Conventional economic wisdom asserts that cities cannot do very much. Conventional political wisdom asserts that cities should not do very much. In City Power, Richard C. Schragger challenges both these claims. He argues that cities can govern, but only if we let them. In the past decade, city leaders across America have raised the minimum wage, expanded social services, put conditions on incoming development, and otherwise engaged in social welfare redistribution. These cities have not suffered from capital flight. Indeed, many are experiencing an economic renaissance. Schragger argues that the range of city policies is not limited by the requirements of capital but instead by a constitutional structure that serves the interests of state and federal officials. Having weak cities is a political choice. City Power shows how cities can govern despite these constitutional limitations--and why we should want them to. It argues that in an era of global capital, municipal power is more relevant to citizen well-being, not less. Instead of treating the exercise of city power as marginal-ineffectual at best, corrupt and unattractive at worst--Schragger argues that the city should be at the very center of our economic, legal, and political thinking.

26 citations

Journal ArticleDOI
TL;DR: The Chicago v. Morales case as mentioned in this paper, which involved a Chicago ordinance that banned loitering by gang members in certain inner-city Chicago neighborhoods, has served as a flashpoint for an increasingly robust scholarship that argues for the devolution of constitutional norms down to the neighborhood level.
Abstract: In this Article, Chicago v. Morales serves as a vehicle for interrogating the limits of localism. Morales, which involved a Chicago ordinance that banned loitering by gang members in certain inner-city Chicago neighborhoods, has served as a flashpoint for an increasingly robust scholarship that argues for the devolution of constitutional norms down to the neighborhood level. The debate over local norms is often structured as a clash between a minority community's efforts to solve pressing local problems and the liberal abstractions of due process imposed by majority outsiders. The conventional story has only two possible endings: either the wider political community respects the decisions of local people to adopt laws that are responsive to local conditions or it imposes a norm by force that the affected community does not share. This Article challenges the structure of that debate by examining the coherence of the concept of community on which arguments on behalf of local autonomy are based. Localism depends on the creation and maintenance of smaller-than-state associations marked off in geographical space by a definable perimeter. Yet, while boundaries create citizens (or aspire to do so), they must also, by definition, create noncitizens, and therefore they are invariably destructive of the ideal of a wider community. Localism tends to sacrifice inclusion for the possibilities of citizenship. The creation of a place for meaningful self-government for those inside the (metaphorical and sometimes literal) gates always affects (and often injures) those who are outside the gates. The "boundary problem" in local government law thus is the problem of pluralism. By challenging the devolutionary trend in criminal procedure and the normative foundations for localism in general, the Article seeks to highlight the boundary problem of local government law and to illustrate how it is fostered by the spatially deployed rhetoric of "community." The Article develops three accounts of community - contractarian, deep, and dualist - that provide the most common theoretical grounds for local autonomy. It then critiques each account by examining how law is often "boundary creating" - how legal doctrine marks us in legal, social, and literal space as insiders or outsiders, members or nonmembers, citizens or noncitizens. The Article argues that the conventional dichotomy between respect and force is a false one. The difficult choice is how to define "the local" in the first place.

21 citations


Cited by
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01 Jan 2014
TL;DR: In this paper, Cardozo et al. proposed a model for conflict resolution in the context of bankruptcy resolution, which is based on the work of the Cardozo Institute of Conflict Resolution.
Abstract: American Bankruptcy Institute Law Review 17 Am. Bankr. Inst. L. Rev., No. 1, Spring, 2009. Boston College Law Review 50 B.C. L. Rev., No. 3, May, 2009. Boston University Public Interest Law Journal 18 B.U. Pub. Int. L.J., No. 2, Spring, 2009. Cardozo Journal of Conflict Resolution 10 Cardozo J. Conflict Resol., No. 2, Spring, 2009. Cardozo Public Law, Policy, & Ethics Journal 7 Cardozo Pub. L. Pol’y & Ethics J., No. 3, Summer, 2009. Chicago Journal of International Law 10 Chi. J. Int’l L., No. 1, Summer, 2009. Colorado Journal of International Environmental Law and Policy 20 Colo. J. Int’l Envtl. L. & Pol’y, No. 2, Winter, 2009. Columbia Journal of Law & the Arts 32 Colum. J.L. & Arts, No. 3, Spring, 2009. Connecticut Public Interest Law Journal 8 Conn. Pub. Int. L.J., No. 2, Spring-Summer, 2009. Cornell Journal of Law and Public Policy 18 Cornell J.L. & Pub. Pol’y, No. 1, Fall, 2008. Cornell Law Review 94 Cornell L. Rev., No. 5, July, 2009. Creighton Law Review 42 Creighton L. Rev., No. 3, April, 2009. Criminal Law Forum 20 Crim. L. Forum, Nos. 2-3, Pp. 173-394, 2009. Delaware Journal of Corporate Law 34 Del. J. Corp. L., No. 2, Pp. 433-754, 2009. Environmental Law Reporter News & Analysis 39 Envtl. L. Rep. News & Analysis, No. 7, July, 2009. European Journal of International Law 20 Eur. J. Int’l L., No. 2, April, 2009. Family Law Quarterly 43 Fam. L.Q., No. 1, Spring, 2009. Georgetown Journal of International Law 40 Geo. J. Int’l L., No. 3, Spring, 2009. Georgetown Journal of Legal Ethics 22 Geo. J. Legal Ethics, No. 2, Spring, 2009. Golden Gate University Law Review 39 Golden Gate U. L. Rev., No. 2, Winter, 2009. Harvard Environmental Law Review 33 Harv. Envtl. L. Rev., No. 2, Pp. 297-608, 2009. International Review of Law and Economics 29 Int’l Rev. L. & Econ., No. 1, March, 2009. Journal of Environmental Law and Litigation 24 J. Envtl. L. & Litig., No. 1, Pp. 1-201, 2009. Journal of Legislation 34 J. Legis., No. 1, Pp. 1-98, 2008. Journal of Technology Law & Policy 14 J. Tech. L. & Pol’y, No. 1, June, 2009. Labor Lawyer 24 Lab. Law., No. 3, Winter/Spring, 2009. Michigan Journal of International Law 30 Mich. J. Int’l L., No. 3, Spring, 2009. New Criminal Law Review 12 New Crim. L. Rev., No. 2, Spring, 2009. Northern Kentucky Law Review 36 N. Ky. L. Rev., No. 4, Pp. 445-654, 2009. Ohio Northern University Law Review 35 Ohio N.U. L. Rev., No. 2, Pp. 445-886, 2009. Pace Law Review 29 Pace L. Rev., No. 3, Spring, 2009. Quinnipiac Health Law Journal 12 Quinnipiac Health L.J., No. 2, Pp. 209-332, 2008-2009. Real Property, Trust and Estate Law Journal 44 Real Prop. Tr. & Est. L.J., No. 1, Spring, 2009. Rutgers Race and the Law Review 10 Rutgers Race & L. Rev., No. 2, Pp. 441-629, 2009. San Diego Law Review 46 San Diego L. Rev., No. 2, Spring, 2009. Seton Hall Law Review 39 Seton Hall L. Rev., No. 3, Pp. 725-1102, 2009. Southern California Interdisciplinary Law Journal 18 S. Cal. Interdisc. L.J., No. 3, Spring, 2009. Stanford Environmental Law Journal 28 Stan. Envtl. L.J., No. 3, July, 2009. Tulsa Law Review 44 Tulsa L. Rev., No. 2, Winter, 2008. UMKC Law Review 77 UMKC L. Rev., No. 4, Summer, 2009. Washburn Law Journal 48 Washburn L.J., No. 3, Spring, 2009. Washington University Global Studies Law Review 8 Wash. U. Global Stud. L. Rev., No. 3, Pp.451-617, 2009. Washington University Journal of Law & Policy 29 Wash. U. J.L. & Pol’y, Pp. 1-401, 2009. Washington University Law Review 86 Wash. U. L. Rev., No. 6, Pp. 1273-1521, 2009. William Mitchell Law Review 35 Wm. Mitchell L. Rev., No. 4, Pp. 1235-1609, 2009. Yale Journal of International Law 34 Yale J. Int’l L., No. 2, Summer, 2009. Yale Journal on Regulation 26 Yale J. on Reg., No. 2, Summer, 2009.

1,336 citations

Journal ArticleDOI
TL;DR: In this paper, the authors consider how uncertainty over protest occurrence shapes the strategic interaction between companies and activists and find support for their theory that companies respond to this uncertainty through a "test for protest" approach.
Abstract: The authors consider how uncertainty over protest occurrence shapes the strategic interaction between companies and activists. Analyzing Wal‐Mart, the authors find support for their theory that companies respond to this uncertainty through a “test for protest” approach. In Wal‐Mart’s case, this consists of low‐cost probes in the form of new store proposals. They then withdraw if they face protests, especially when those protests signal future problems. Wal‐Mart is more likely to open stores that are particularly profitable, even if they are protested. This uncertainty‐based account stands in sharp contrast to full‐information models that characterize protests as rare miscalculations.

162 citations

Posted Content
TL;DR: In this paper, the authors suggest that chain stores respond to this uncertainty through a "test for protest" approach, where they use low-cost probes that take the form of proposals to open a store.
Abstract: Wal-Mart has increasingly become the target of protests over its scale, manifested as contention over specific expansions. Often, the protests are local and led by local organizations, and as a result, chains face uncertainty whether local activists will organize a protest. We suggest that chain stores respond to this uncertainty through a "test for protest" approach. They use low-cost probes that take the form of proposals to open a store. They then withdraw if they face protests, especially when the contexts of those protests make them more costly, either in terms of legislative barriers, consumer demand, or encouragement of protests elsewhere. Wal-Mart is more likely to open stores that are particularly profitable, even if they are protested, and in such cases, they also make larger donations to community causes. We find broad support for our predictions. Our uncertainty-based account of protests as signals stands in sharp contrast to full-information models which predict that protests should be rare miscalculations.

161 citations

Journal ArticleDOI
TL;DR: In this article, the authors present a second edition of the Second Edition of their book "The Eight-Eenth-Century Town of Philadelphia: 1830-1860".
Abstract: Acknowledgments Intorduction to the Second Edition PART ONE: THE EIGHTEENTH-CENTURY TOWN 1- The Environment of Private Opportunity 2- War and the Limits of the Tradition PART TWO: THE BIG CITY 1830-1860 3- Spatial Patterns of Rapid Growth 4- Industrialization 5- The Specialization of Leadership 6- Municipal Institutions 7- Riots and the Restoration of Public Order PART THREE: THE INDUSTRIAL METROPOLIS 8- The Structure of the Metropolis 9- Some Metropolitan Districts 10- The Industrial Metropolis as an Inheritance Bibliography of Recent Philadelphia Books Notes to Tables in Text

157 citations

Journal ArticleDOI
TL;DR: This paper found that youth engagement in some forms of nonpolitical online activity can serve as a gateway to participation in civic and political life, including volunteering, community problem solving, protest activities, and political voice.
Abstract: Much scholarship has examined how accessing news and other civic and politically oriented online activities can influence offline civic and political behaviors. Much less is known about the influence of nonpolitical online activity on civic and political practices. We found that youth engagement in some forms of nonpolitical online activity can serve as a gateway to participation in civic and political life, including volunteering, community problem solving, protest activities, and political voice. Unlike most prior work in this area that relies on convenience samples and cross-sectional data, we draw on two large panel studies, so we are able to control for prior levels of civic and political engagement. With such controls in place and with controls for a full range of demographic variables, we find that relationships between participation in nonpolitical online participatory cultures on the one hand and civic and political participation on the other remain statistically significant for both dat...

121 citations