Document Type
Article
Publication Title
University of Chicago Law Review
Abstract
In this Article, I argue that nonconstitutional doctrines also reflect our ambivalence about decentralized communities. My interests here lie in judicial review of the efforts of residential associations, primarily homeowners associations, to define their members' lifestyles in ways akin to the use of ordinances by traditional local governments. Local governments assume identities by selecting a particular basket of goods and services at particular tax prices, and then regulating the activity of those who are attracted by the goods and services offered. Yet the size of contemporary cities, combined with legal doctrines and political obstacles that prevent localities from differentiating among residents for purposes of service provision, drives some individuals to seek more decentralized institutions to satisfy the search for a specialized service package.
First Page
1375
DOI
https://doi.org/10.2307/1600122
Volume
61
Publication Date
1994
Recommended Citation
Gillette, Clayton P., "Courts, Covenants, and Communities" (1994). Faculty Articles. 488.
https://gretchen.law.nyu.edu/fac-articles/488
