The increased use of preemption has created a demand for legal strategies and research, and resources, including direct technical assistance to help local governments and advocates. To meet these needs, the LSSC serves as a centralized legal resource center providing legal support – through legal research, technical assistance, legal referrals, amicus briefs and other tools, and education – to local officials, advocates, and the field to counter a range of preemption of issues at the local level.
To accomplish this work, the LSSC works with a coalition of legal scholars and advocates who are researching and refining legal strategies and creating resources to protect the authority and power of cities to enact inclusive, innovative, and equitable laws.
Research and Tools
New Orleans City Council resolution promoting local control over minimum wages.
Maryland resolution calling for stronger local democracy.
LSSC is committed to raising awareness about the threat of preemption and its negative consequences for local democracy, and meets this goal by providing workshops and briefings, webinars and in-person briefings for city attorneys, elected officials and advocates. LSSC also promotes and disseminates legal articles and white papers on state preemption.
WEBINARS, WORKSHOPS, AND BRIEFINGS
The LSSC legal team – collectively and individually – hosts or participates in webinars, conferences, and speaking engagements that provided the opportunity to raise awareness about preemption, disseminate tools, and share new research and strategies with attorneys, advocacy organizations and policymakers. To date, Audiences have included state and municipal lawmakers, law schools, funders and organizations ranging from the American Constitution Society to the American Heart Association.
Blanket Preemption, Laurie Reynolds, University of Illinois University School of Law
Confederate Monuments and Punitive Preemption: The Latest Assault on Local Democracy Richard Schraggger, C. Alex Retzloff, University of Virginia University School of Law
Gerrymandering and Local Democracy, Paul Diller, Willamette University School of Law
Punitive Preemption: An Unprecedented Attack on Local Democracy, Richard Briffault, Columbia University School of Law
The State Assault on Local Sanctuary Policies, Rick Su, University of North Carolina School of Law
LEGAL ESSAYS & ARTICLES
The Troubling Turn in State Preemption, Richard Briffault, Nestor Davidson, Paul A. Diller, Olatunde Johnson, and Richard C. Schragger, Sept. 2017
The Challenge of New Preemption, Richard Briffault, published by Stanford Law Review, June 2018
The Attack on American Cities, Richard Schragger, Texas Law Review Summer 2018
The New Preemption Reader: Legislation, Cases and Commentary on State and Local Government Law , Richard Briffault | Laurie Reynolds | Nestor M. Davidson