Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
https://www.copyright.com/ccc/basicSearch.do?
&operation=go&searchType=0
&lastSearch=simple&all=on&titleOrStdNo=0010-6151
Fishing Bodies Out of the River:
Can Universities Help Troubled Neighborhoods?
WILLAM W. GOLDSMITH"
I. INTRODUCTION
The matter of university and community taken together is a broad
one. Scholars inherit a long tradition of thinking about university
affairs and an even longer one of thinking about city affairs.' Each
tradition is rich and complex on its own, and the two intersect at many
places and in many ways. 2 We must choose intersections with care if
we are to isolate those aspects that enable us to understand our
particular concern-how universities might help their troubled
neighborhoods and thereby help themselves. The following five
questions will help to situate the inquiry:
1. What expectations have we about the relations between
university and city?
2. What assistance can a university offer to troubled big-city
neighborhoods or their residents?
3. How much does a troubled situation in the surrounding
neighborhood harm the normal functioning of the university?
4. Can a university provide effective help to its own
neighborhood and neighbors, assuming it wants to be helpful?
5. Is there a positive role for the university?
I have decided to approach this bundle of questions mainly from
the perspective of the neighborhood and its residents. Accordingly, I
will begin and end this Article with thoughts about troubled
7. For example, "[t]he radical relief for the evilgrowing out of the tenant-house system
can only be reached by first condemning and tearing down the worst class of these buildings."
The Sanitary and Moral Condition of New York CIty, 7 CATH. WORLD 553, 557 (1868). See
also E. BARBARA PHILLIPS, CITY LIGHTS 462 (1996) Creviewing the sad history of (a failed
project], an environmental determinist would have a ready explanation for its failure: bad
physical design").
8. For example, the 1974 HHFA demolition of the Pruitt Igoe housing project was one of
the most dramatic demonstrations of this theory. See PHiLLIPs, supra note 7, at 260-62. See
also JAMES FORD, SLUMS AND HOUSING, WITH SPECIAL REIEREICE TO NEV YORK CITY:
HISTORY, CONDITIONS, POLICY (1936); NATHAN STRAUSS, TWO-THIRDS OF A NATION: A
HOUSING PROGRAM (1952); EDITH ELMER VOOD, SLUMS AND BUGHTED AREAS IN THE
UNITED STATES (1935).
9. JAMES HOUSTON, THE MODERNIST CITY: AN ANTHROPOLOGICAL CRITIQUE OF BRASILIA
31 (1989).
10. See id See also DAVID G. EPSTEIN, BRASILIA: PLAN AND REALITY (1973); NORMA
EVENSON, Two BRAZILIAN CAPITALS (1973).
11. For a brief history of the period, see THE POLITICAL ECONOMY OF BRAZIL (Lawrence S.
CONNECTICUT LAW REVIEW [Vol. 30:1205
Although theoretical inadequacy was not the main problem with the
design of Brasilia, the questionable theory of physical or environmental
determinism that motivated its designers has frequently caused severe
difficulties and served selfish interests elsewhere, just as in Brazil. 2 In
the United States, such crudely deterministic social theory and selfish
urban interests working together reached their zenith, or their nadir,
with the destructive Urban Renewal programs of the 1950s and 1960s. 3
These programs leveled massive blocks of central cities, displaced
hundreds of thousands of people, and homogenized land use in large,
hostile, anti-human zones restructured for use by business, luxury
apartments, entertainment facilities, and other detached and insulated
activities. 4
Since the promulgation of federal urban-assistance programs in the
1960s, 5 which the Congress funded as its response to the growth of
poverty in racially segregated central-city neighborhoods, advocates for
city development have been more sensitive when using place-based
programs in urban redevelopment. Because they began their thinking
by assuming that bad conditions in the neighborhood might contribute
essentially to the social and economic problems of the residents, some
decided that they would help poor people most by promoting residential
relocation, racial integration, and the dispersal of the ghetto. 6 Other
Graham & Robert H. Wilson eds., 1990). Political expression was limited nationally, but more
strictly limited in the capital city. See generally MARSHALL BERMAN, ALL THAT IS SOLID
MELTS INTO AIR 6-9 (Penguin Books 1988); 0 Novo BRASIL URBANO (Maria Flora Goncalves
ed., 1995).
12. For background on the urban renewal destruction of San Francisco's western addition, a
famous case of Negro Removal, see generally CHESTER HARTMAN, THE TRANSFORMATION OF
SAN FRANCISCO (1984).
13. For one of the most powerful critiques of urban renewal, see JANE JACOBS, THE DEATH
AND LIFE OF GREAT AMERICAN CITIES (1961). See also MARTIN ANDERSON, THE FEDERAL
BULLDOZER: A CRITICAL ANALYSIS OF URBAN RENEWAL, 1949-1962 (1964).
14. See CHESTER HARTMAN, HOUSING AND SOCIAL POLICY 106-07 (1975).
15. In 1967, total federal outlays from all agencies for urban programs still totalled only
$3.3 billion. By 1979, it had increased to $53.7 billion (between $20 and $26 billion when
corrected for inflation). By the early 1970s, HUD's largest programs were Urban Renewal,
Low Rent Public Housing, Grants for Basic Water and Sewer, and Model Cities, totalling just
under two billion dollars in 1970. See William W. Goldsmith & Michael J. Derian, Is There
an Urban Policy?, 19 J. REGIONAL SCI. 93 (1979); see also Roberto G. Quercia & George C.
Galster, The Challenges Facing Public Housing Authorities in a Brave New World, 8 HOUSINO
POL'Y DEBATE 535, 537-41 (1997) (historical survey).
16. See generally Timothy Bates, Utilization of Minority Employees in Small Business: A
Comparison of Nonminority and Black-Owned Urban Enterprises, REV. BLACK POL. ECON,
Summer 1994, at 113; John F. Kain, The Spatial Mismatch Hypothesis: Three Decades Later, 3
HOUSING POL'Y DEBATE 371 (1992).
FISHING BODIES OUT OF THE RIVER 1209
17. Frank W. Young provides a sound theoretical argument about the sociogenic contribution
of lack of "relative centrality" to solidarity movements. See Frank W. Young, A
Macrosociological Interpretation of Entrepreneurship, in ENmEPtENEURSHP AND ECOMO.I4C
DEVELOPMENT (Peter Kilby ed., 1971).
18. See ROBERT L. ALLEN, BLACK AWAKrNG IN CAPITALIST Am.ERICA (1997); see also
Goldsmith, supra note 3, at 17; Bennett Harrison, Ghetto Economic Development: A Survey, 12
J.ECON. LIrERATURE 1, 4 (1974).
19. DANIEL P. MOYNIHAN, MAXIMUM FEASIBLE MISUNDERSTANDING: CoMmuNrrY ACTION IN
THE WAR ON POVERTY 65, 69 (1969).
20. See WILLIAM JULIUS WILSON, THE TRULY DISADVANTAGED: TiE INNER CITY, THE
UNDERCLASS, AND PUBLIC POLICY (1987).
21. See generally Edel, supra note 4.
1210 CONNECTICUT LAW REVIEW [Vol. 30:1205
programs, the benefits always shift toward land owners. All place-
based programs, therefore, have a great potential to be land-owner
benefit programs.2 4
24. See DAVIS, supra note 23; Edel, supra note 4, at 186.
25. Edel, who had earlier argued prominently in favor of place-based programs, later feared
that spatial concern might replace rather than supplement "attention to the needs of population
groups such as minorities, the poor, and the unemployed." Edel, supra note 4, at 175. See
also HARVEY, supra note 6; Massey, supra note 6.
26. Examples are Workman's Compensation, Unemployment Insurance, ant-bias lavs, AFDC
Pell grants for higher education, and housing vouchers.
27. HUD's "Section 8" program.
28. Public housing, the major place-based U.S. housing program, is of course means tested,
and it has traditionally been available only to the very poor. See Quercia & Galster, supra
note 15, at 540-41.
29. "[f]n most treatises the problem of location of industry never arises." BERTIL OIILN,
INTERREGIONAL AND INTERNATIONAL TRADE 1 (1967). Notable exceptions am academic fields
founded to counter this omission: the fields of regional science, economic geography, and
human (or urban) ecology (in sociology). See VALTER ISARD, LOCATOn AND SPAcE
ECONOMY (1956); VALTFR ISARD, METlODS OF REGIONAL. ANALSIS (1960).
CONNECTICUT LAW REVIEW [Vol. 30:1205
30. Paul Krugman recently acknowledged this omission in PAUL KRUGMAN, GEOGRAPHY AND
TRADE (1991). See also Edward L. Glaeser, Why Economists Still Like Cities, CITY J., Spring
1996, at 70, 70-77.
31. Economic models are more complicated, for example, when they allow mobility to
factors of production.
32. On feedback in social science theory and models, see Thomas Vietorisz & Bennett
Harrison, Labor Market Segmentation: Positive Feedback and Divergent Development, 63 AM.
ECON. REv. 366 (1973).
33. The accessibility provided by proximity is the economic glue that binds people together
in cities, mainly because larger local markets allow producers to exploit economics of scale.
Recently cities and regions have become centrally interesting phenomena for "complexity"
theorists. See W. Brian Arthur, Positive Feedbacks in the Economy, Sci. AM., Feb. 1990, at
92, 92-99. See also KRUGMAN, supra note 30; Glaeser, supra note 30.
34. See generally MANUEL CASTELLS, THE URBAN QUETION (1997).
35. Edel, supra note 4, at 186.
36. See id.
19981 FISHING BODIES OUT OF THE RIER
Harvey, most notably, and Jane Jacobs) argue persuasively that cities
(and therefore their neighborhoods), like regions in countries and
countries in the world, play essential, integral parts in the unfolding
unevenness of economic development and decline, class relations and
class conflict, innovation and technological change.3
Does all this theorizing matter? How much do these discussions
pertain to our questions about universities and their neighbors? It
matters plenty; they are highly pertinent! Any examination of the
relations of a large institution with its neighborhood has to begin with
space, geography, with the location of the institution, with the boundary
line that separates it from its neighbors, and with its distance from
others and other places. Reformers must be wary of the
misunderstanding that grows out of the differences between people-
based and place-based assumptions. As we will see below, careful
thinking about the relations between space and people may lead to
more sensible programs and projects.
I will return to these matters below, but first I will briefly connect
the university and its community, then shift to my five questions
outlined above."
Some of those who wonder about the college and the ghetto
wonder, quite simply, why the two are located so often in the same
place?" 9 Why do wealthy colleges and universities serving people of
no color so often sit inside or next to poor neighborhoods housing
people of color? The answer to this question has much less to do with
the current purposes, structure, or functioning of either college or
ghetto, and much more to do with their histories and their long-term
fixed investments in real estate. The historical reasons for existence
and location of ghetto and college may be intertwined, but they derive
from distinct social forces.
The ghetto, for which existence and location are practically one and
37. See William W. Goldsmith, Marxism and Regional Policy: An Introduction, 20 REV.
RADICAL POL ECON. 13 (1988).
38. See supra p. 1205.
39. I use "college" as shorthand for college, university, and other post-high school
institutions of learning, and I use "ghetto," I hope without giving offense, for neighborhood in
which many minority persons find themselves confined.
CONNECTICUT LAW REVIEW [Vol. 30:1205
40. See ROBERT D. BULLARD, DUMPING IN DIXIE: RACE, CLASS, AND ENVIRONMENTAL
QUALITY 4 (1990); see also Bunyan Bryant, Overview to ENVIRONMENTAL JUSTICE: ISSUES,
POLICIES, AND SOLtIONS 27-28 (Bunyan Bryant ed., 1995).
41. Ithaca, New York, had a stable population of about 6,800 in 1860, but grew to 10,100
by 1870. The story goes that when in 1868 Ezra said that he "would found an institution
where any person can find instruction in any study," Andy (Andrew Dixon White, Cornell's
first president) responded, "but that's ridiculous," too many students will come. Thinking of
Ithaca's long winters, Ezra replied, "just wait until you see where I'm going to put it."
Editorial, CORNELL DAILY SUN, Dec. 1, 1969.
1998] FISHING BODIES OUT OF THE RIVER
46. Id. See also JOHN S. ADAMS, HOUSING AMERICA IN THE 1980s (1987).
47. For earlier treatments, see generally JULIAN MARTIN LAUB, THE COLLEGE AND
COMMUNITY DEVELOPMENT: A SOCIOECONOMIc ANALYSIS FOR URBAN AND REGIONAL GROWTH
(1972); Martin Meyerson, The University Community and the Urban Community, in THE CITY
AND THE UNIVERSITY 3 (The Frank Gerstein Lectures, York University Invitation Series, 1968);
GEORGE NASH, THE UNIVERSITY AND THE CITY: EIGHT CASES OF INVOLVEMENT (1973).
48. "The average American moves 11 times in a lifetime, or once every six years." GALE
BOOK OF AVERAGES 25 (Kathleen Droste ed., 1994).
49. HUD Secretary Cisneros looked for examples and found only Pepperdine University,
which left distressed south central Los Angeles for Malibu in 1972, and Marquette University's
former medical school, which moved to a Milwaukee suburb in the 1960s. See HENRY
CISNEROS, HUD, THE UNIVERSITY AND THE URBAN CHALLENGE 21 n.3 (1996).
FISHING BODIFS OUT OF THE RIVER
Others who ask questions about the college and the ghetto are
interested mainly in the direct utility of scholarship to community life.
The land-grant colleges were founded, after all, to promote mechanics
and agriculture,5" and they are widely regarded as having been key
instruments in the development of America's preeminent rural economy.
Departments of rural sociology and agricultural economics prospered in
direct relation to their affairs with the extension service. But to a large
extent, rural America is no more. Thus today, many in the community
and many more in the university regard with optimism the possibilities
of reconstituting the land-grant mission to extend service to
neighborhoods, to small business and industry, and to municipal
agencies.5
Still others think of the relationship of city and university in terms
of research.52 From the university side--especially from social
scientists and departments of education, there is great interest in trying
to understand the city, its neighborhoods, and the causes of the
problems that plague residents. From the community side, there are
requests for research on long unattended problems, such as poisoning
from lead paint, or danger from toxic deposits, in addition to the more
requests for assistance with business or social and political
usual 53
affairs.
50. The first public university-the University of North Carolina at Chapel Hill--was
chartered in 1789 by the state legislature. See Michael I. Luger & Harvey A. Goldstein, What
Is the Role of Public Universities in Regional Economic Detvlopment?, In DILEMMAS OF
URBAN ECONOMIC DEVELOPMENT: ISSUES IN THEORY AND PRACTICE 104 (Richard D. Bingham
& Robert Mier eds., 1997) [hereinafter DILamAS].
51. I suspect that most faculties with rural orientation-Comell, Iowa State, Tulane,
Davis-encounter great practical and ideological difficulty in shifting their orientation from the
farm and small town to the single-family home or apartment and the big city neighborhood.
One wonders how much of this reluctance derives from a white professoriat's inability to deal
closely and comfortably with clients of color.
52. For example, note the body of work done on Chicago ghettos by William Julius Wilson
and his students in the 1980s. See generally WILSON, supra note 20.
53. See, e.g., AMERICAN ASS'N OF STATE COLLEGES & UNIV. C(AASCU'), EXPLORING
COMMON GROUND: A REPORT ON BUSINESSIACADEMIC PARTNERSHIPS (1987) (listing 36
university-business collaborations); BERUBE, supra note 42; J. WADE GILLEY, THE INTERAcnvE
UNIVErrY: A SOURCE OF AMERICAN REVITAUIZATION (1990) (reporting on the strategy of
universities that form an active and reciprocal partnership with the business, civic, and political
leadership of the community); NEW PARTNERSHIPS: HIGHER EDUCATION AND THE NONPROFIT
SECTOR, NEW DIRECTIONS FOR EXPERIENTIAL LEARNING, No. 18 (Elinor Miller Greenberg ed,
1982) [hereinafter NEW PARTNERSHIPS].
1218 CONNECTICUT LAW REVIEW [Vol. 30:1205
Most who think of the college and the ghetto see conflict of
interest, competition for space and use, and mechanisms for protection
and isolation. Is the gated, fortified, and therefore isolated urban
college a precursor, a striking example of what Edward Blakely calls
Fortress America," where privileged people guard themselves against
any but the most controlled contact with the lower classes, where
whites guard against contact with people of color? Or is the urban
college a territory for experimentation, reform, rehabilitation of cities,
and assistance to needy people? In the recent moves by colleges to
serve, strengthen, and develop their neighborhoods, do the college and
ghetto reinforce one another's mutual interests? Or will they break
down from the pressure of social and economic constraints beyond
either's control?
54. See generally EDWARD J. BLAKELEY & MARY GAIL SNYDER, FORTRESS AMERICA:
GATED COMMUNITIES IN TiE UNITED STATES (1997).
55. See LEWIS MUMFORD, THE CULTURE OF CITIES 34-35 (1938).
56. See id. at 478.
57. See Bender, supra note 44, at 3.
19981 FISHING BODIFS OUT OF THE RIVER 1219
58. Carl E. Schorske, Science as a Vocation In Burckhardt's Basel, In THE U ivmsTY AND
THE CmTY, supra note 1, at 198. 202.
59. Id at 202
60. For example, in Rio de Janeiro, the law and economics faculties are near the center, but
many faculties are at a distant site.
1220 CONNECTICUT LAW REVIEW [Vol. 30:1205
university."'
Scholars at the urban planning schools of USC, UCLA, and
elsewhere in the country's second largest metropolis claim to have
formed the Los Angeles School of Urban Studies, but the group
exhibits ambivalence about whether to study and criticize the area's
political economy of war, finance and entertainment, or to celebrate,
like true boosters, the area's remarkable cultural diversity.62 In this
more likely case of the university as part of a large and complex city
and society, however, we may need to rethink the relationship
altogether.
Commenting on the changing relationship, Bender warns against a
belief in continuity from the medieval relation between city and
university, suggesting that we will do better to think of the university
as related to "the industrial system, including the knowledge and
service industries, rather than the city."6' 3 It would be hard to imagine
61. See STEVEN J. DINER, A CITY AND ITS UNIVERSITIES 61-64 (1980); ARNOLD R HIRSCH,
MAKING THE SECOND GHETTO: RACE AND HOUSING IN CHICAGO, 1940-1960, at 135-70 (1983);
Edward Shils, The University, the City, and the World: Chicago and the University of Chicago,
in THE UNIVERSITY AND THE CITY, supra note 1, at 210; Henry Louis Taylor, Jr., Redefining
the Relationship: The Urban University and the City in the 21st Century, 3 UNIV. &
COMMUNITY SCH. 17 (1992). Taylor even writes of a "social gospel" that defined the union
between the university and the city: There "existed an army of faculty members, and their
students, prepared to study the city and to transform their findings into a knowledge base upon
which to form public policy." Id. at 20. For Taylor, the university improved
conditions for Chicago's working class, immigrant, and African American populations.
They analyzed and studied the experiences of these groups with the idea of making
the city work for them. The University, then, was not simply involved with the
city, it was tied to the struggle to build a new environment by using the social
sciences to solve the most urgent problems of the day.
Id. But later,
In Chicago, when academic focus shifted from local to national issues, the cognitive
bond between the University and the city, forged during the 1910s and 1920s, was
gradually and severely weakened. As professors lost interest in local policy issues
and debates, the University became further removed from everyday life and culture in
its environs. In time, there no longer existed an army of faculty members, and their
students, prepared to study the city and to transform their findings into a knowledge
base upon which to form public policy. The nature and character of university-city
relations had changed in fundamental ways. The spirit of the University of Chicago
was dead.
Id.
62. For muted criticism of the L.A. School-to which his book contributes-see generally
MIKE DAVIS, CITY OF QUARTZ 223-60 (1990). For a caustic critique, see James Curry &
Martin Kenny, The Paradigmatic City: Postindustrial Illusion and the Los Angeles School, U.C.
Davis (Feb. 1997) (unpublished manuscript).
63. Thomas Bender, Afterword to THE UNIVERSITY AND THE CITY, supra note I, at 290,
1998] FISHING BODIES OUT OF THE RIVER
64. See CLARK KERR, THE GREAT TRANSFORMATION IN HIGHER EDUCATION, 1960-1980
(1991).
65. See DOROTHY NELKIN, THE UNIVERSITY AND MILITARY RESEARCH; MORAL POLITICS AT
MIT (1972); DAVID F. NOBLE, AMERICA By DESIGN: SCIENCE, TECHNOLOGY, AND THE RISE
OF CORPORATE CAPIrALISM (1977).
66. See David F. Noble, Privatizing Academe: Corporate Takeover on Campus, NATION, OcL
30, 1989, at 477, 494.
67. These issues are now frequently discussed. See. e.g., P. ROMAN, Co.wtrrY RESEARCH
AND INFORMATION CROSSROADS: A STRATEGY FOR UNIVERSTY-COMMUNITY COLLABORATION
(1997); P. ROMAN, THE RESPONSE OF CANADIAN UNIVERSmES TO COMMUNITY ORGANIZATIONS
SEEKING RESEARCH ASSISTANCE (1996); David Adamany, Sustaining Universiy Values W le
Reinventing University Commitments to Our Cities, 95 TCHRS. C. REC. 324 (1994); Conference
Proceedings, Shaping our Common Destiny. Torn/Gown Relations (1996); Roger Bcck ct al.,
Economic Impact Studies of Regional Public Colleges and Universities, in GROWH & CHANGE,
Spring 1995, at 245; Barry Checkoway, Unanswered Questions about Public Service In the
Public Research University, 5 J. PLAN. LITERATuRE 219 (1991); David W. Hendrick ct al, The
Effects of Universities on Local Retail, Service, and F.IRE. Emplo)nent: Some Cross-Sectlonal
Evidence, in GROWTH & CHANGE, Summer 1990, at 9; National Assoc. or State Univ. &
Land-Grant Coll., Urban Policy for the 1990s, 5 J. PLAN. LITERATuRE 4 (1990).
68. See KARL MARX, GRUNDRISSE (Martin Nicolaus trans., 1973).
CONNECTICUT LAW REVIEW [Vol. 30:1205
69. See, e.g., Regents of the Univ. of Calif. v. Bakke, 438 U.S. 265 (1978).
70. See infra p. 1223.
19981 FISHING BODIES OUT OF THE RIYER 1223
fewer still would go so far as to claim unity with their city, surely not
with their neighborhood. From Nietzsche lecturing in college-city
intimacy to some of the 25,000 burgers of Basel in the middle of the
19th century (the city was unpopular with the surrounding farmers, it
should be noted), we must come a long way to be able to understand a
complex center of research and learning, like the University of
Southern California, which sits in the middle of a poor and despised
neighborhood of Los Angeles, a metropolis of fifteen million
inhabitants.
B. University Intervention in Troubled Neighborhoods:Evaluations and
Responses
71. See AASCU, supra note 53; BERuBE, supra note 42; GiLUEY, supra note 53; NEw
PARTNERSHIPS, supra note 53, at 7.
72. Neal Peirce & Curtis Johnson, Special Ills Beg for Annomr, NEWS & OasERvER
(Raleigh, NC), Sept. 24, 1993, at Al.
73. Id
CONNECTICUT LAW REVIEW [Vol. 30:1205
our people. If we fail to do so, we will fail the society and the
promise that shaped us, and we will go the way of the great monastic
institutions of the Middle Ages." 74 Even ignoring the conspicuous
rhetorical value of these statements, we may suspect they come from
presidents considerably more concerned with the city than presidents of
their universities would have been twenty-five years ago.
As it turns out, some universities have been very active in their
cities in recent years, and together with agencies of the federal
government, they have initiated numerous programs, many with interests
in their immediate neighborhoods. Below appear two listings: (1) a
brief catalogue of town-gown questions, and (2) a very incomplete list
of formal programs-ignoring, for example, law clinics, medical
services, the urban parts of the Extension Service, and social work
programs-that universities operate to provide assistance to their city's
more needy residents.
1. Town-gown relations
Enrollment. Does the university enroll students from neighbor-
hood/city/suburbs/elsewhere? Are the students rich/poor, Asian/African-
American/American Indian/Hispanic/white, citizens/immigrants?
Employment. How important is university employment to the
community? Philadelphia's "three 'largest private employers are the
University of Pennsylvania, Temple University, and Thomas Jefferson
University. The University of Pennsylvania alone has approximately
20,000 employees and, through its activities, supports another 24,000
spinoff jobs in Pennsylvania."75
Pay. Do staff members reside in the immediate area? Are they
well paid? Given good benefits? Does the university provide good
training programs, affirmative action, and sliding-scale, on-site day
76
care?
Purchasing. Does the university purchase supplies from local
wholesalers and retailers? Does it provide local business assistance?
Business competition. Do university businesses compete unfairly
74. Id.
75. UNIVERSITY OF PENNSYLVANIA, UNIVERSITY OF PENNSYLVANIA ECONOMIC IMPACT FOR
THE FISCAL YEAR ENDING JUNE 30, 1990 (1990), cited in CISNEROS, supra note 49, at 9.
76. In the early 1970s, approximately half of all welfare recipients in Tompkins Coun-
ty-where Cornell University is the dominant employer-held full-time jobs. (This information
was detailed in a report by MOVE, an organization in Ithaca.) Some Cornell service workers
lose all benefits when they are laid off each summer. These people live in the university's
"neighborhood," mostly in the surrounding small towns and rural areas.
1998] FISHING BODIES OUT OF THE RIVER
with local businesses? The Ames, Iowa Daily Tribune sued the Iowa
State Daily, claiming it competed unfairly because it enjoyed taxpayer
subsidies; the court told Iowa State University to disclose its records.'
Public schools. Does the university help local schools and offer
courses for teachers? Does it offer scholarships or preferential
admissions to local children?
Real estate. What is the university's role in the real estate market?
According to the June 13, 1997 Boston Globe, Harvard and its
surrounding communities don't trust one another, and the issue is real
estate development. According to residents of Allston, Mass., Harvard
broke public agreements about expansion around the Business School
by making secret deals, using hidden businesses as buyers for a 52-acre
plot, and expanding in violation
78
of the master plan agreement. Harvard
says it has broken no trust.
Slums. Is the university a slumlord? Mickey Lauria, Director of
the Division of Urban Research at the University of New Orleans,
writes that
often the university is the slumlord-owning speculative
property for future university expansion or other synergistic
land uses. At the same time, other landlords follow the
university lead and do not reinvest or maintain . . . . Thus the
slumlords, including universities, can milk the property for
rental income stream while waiting for the right time for
redevelopment and make a good profit . . . there are many
incentives for older inner city universities to be slumlords.O
Taxes. How much local land does the university own? How many
local buildings does it own off campus? Does it pay local taxes on its
business activities? Does it make payments for services in lieu of
taxes? How much does the university yield to local pressures for
larger payment?
Rentals. Do students and others provide rental income for small,
needy homeowners? Conversely, does the competition from students
push up rents for local working-class families and poor people, driving
them out or driving their costs up?
Behavior. Do student lifestyles cause neighborhood prob-
80. See Kenneth Reardon, Community Building in East St. Louis, PLANNERS CASEBOOK (Am.
Inst. of Certified Planners, Washington, DC), Fall 1995 [hereinafter Reardon, Community
Building]; Kenneth M. Reardon, Creating a CommunityIUniversity Partnership That Works: The
Case of the East St. Louis Action Research Project, METROPOLITAN U., Spring 1995, at 47;
Kenneth M. Reardon, State and Local Revitalization Efforts in East St. Louis, Illinois, ANNALS,
May 1997, at 235.
81. See Fran Ansley & John Gaventa, Researching for Democracy and Democratizing
Research, CHANGE, Jan. 11, 1997, at 46.
82. The Faculty Fellows in Service (FFIS), a faculty-led program of the Public Service
Center, provides small grants (up to $2,000/term) for community-based projects that link service
and academic study. FFIS is a university-wide network of 100 faculty. It involves around
800 students per year through service-learning courses and projects. There are 25 service-
learning courses and over 65 experiential education courses listed in the Public Service Center
database. The Public Service Center annually engages over 3,000 students in community
service activities, which include individual and group volunteer activities, community work-study
positions, and service-learning internships. The Center works with about 150 non-profit and
government agencies in the county and with over 200 programs. Projects are not restricted to
Tompkins County, as many faculty and student projects take place in other surrounding
counties, New York City, other states and in foreign countries (Dominican Republic, Mexico,
India). In addition, the Center for Agriculture and Rural Development (CARDI) puts students
into the field. Private communication from Leornardo Vargas-Mendez, Cornell University, Apr.
1998.
83. See CISNEROS, supra note 49; Special issue of J. PLAN., EDUC. & RES. (forthcoming
1998).
84. See CISNEROS, supra note 49.
19981 FISHING BODIES OUT OF THE RIVER 1227
85. Ira Harkavy, Statement of Purpose, 3 UNIV. & COMMUNITY Smt. 1, 2 (1992).
86. Id
87. IL See also Lee Benson et at., Higher Education, Regional Collaboration and inner
City Revitalization: Western New York and Buffalo's East Side as a Pioneer Project, 3 UNIV.
& COMMUNITY SCH. 1, 4 (1992).
88. See, e.g., DIRECTORY OF ECONOMIC DEVELOPMENT PROGRAMS AT STATE COLLEGES AND
UNIvERSITE (AASCU, 1989); FACULTY RESPONSIBILITY IN CONTEMPORARY SOCIETY (AASCU,
1990); FULFILLING THE URBAN MISSION (AASCU, 1985); HIGIER EDUCATION4 ECO.\OMIC
DEVELOPMENT CONNECTION: EMERGING ROLES FOR PUBLIC COLLEGES (AASCU, 1986);
INTERACnVE UNIVERSITY. A SOURCE OF AMERICAN REVITALIZATION (AASCU, 1990).
89. The programs listed in this section are documented in journals and ephemera (mainly
program reports from the university programs themselves) and in informal communications I
received in a generous outpouring in March 1998 from respondents to an inquiry I posted on
the Planning faculty e-mail network (PLANET). Where it is appropriate I have noted the
correspondent; many noted that their facts are approximate-some I have checked, most not.
Many thanks to Ashwani Vasishth at USC who e-mailed me a giant file of submissions to the
"Community Networks" section of the COMM-ORG list-scrve, for which Randy Stoecker at the
University of Toledo kept a running diary. See also infra note 98.
90. See CISNEROS, supra note 49.
91. See Ansley & Gaventa, supra note 81. at 48-51.
CONNECTICUT LAW REVIEW [Vol. 30:1205
92. Id at 46.
93. This point is elaborated in Part Vii.
94. See Reardon, Community Building, supra note 80, at 2.
95. See Jonathan Kozol, Schools in Distress . . . Harsh Effects of Inequality Felt in East St.
Louis, ST. LOUIS POST DISPATCH, Oct. 20, 1991, at IB (quoting JONATHAN KOZOL, SAVAGE
INEQUALITIES: CHILDREN IN AMERICA'S SCHOOLS)
96. See id,
19981 FISHING BODIES OUT OF THE RIVER
102. Id
103. See E-mail from Kris Day to author.
104. See id
105. See CAL IN THE COMMUNITY: A GUIDE TO COMMUNITY PARTNERSHIPS AND CAMPUS
RESOURCES (1997); Joint Community Development Collaborations in Full Swing, 10 FORUM
NEWS 1, f.f. (Dec. 1997); E-mail from Judith Innis to author; Victor Rubin, The Roles of
Universities in Community-Building Initiatives, IURD, University of California, Berkeley (Jan.
1998) (unpublished paper, on file with author).
106. E-mail from Judith Innes to author.
19981 FISHING BODIES OUT OF THE RIVER
challenged to maintain good grades, and if they do, they are guaranteed
admission to USC with tuition paid. The Business School and the
School of Social Work also offer programs. In the Planning School,
the Community Development and Design Forum and the Center for
Economic Development are actively engaged with various community
groups and organizations in the USC neighborhood. The Planning
School has an annual program targeting local high school kids, known
as "Building Better Communities," which has been successful, with help
from such local sports stars as Jamaal Wilkes (Los Angeles Lakers) and
Shelby Jordan (formerly of the L.A. Raiders)."'
- The UCLA urban planning program has long operated extensive
outreach efforts as an integral part of its masters degree curriculum,
many of the efforts in support of neighborhood groups promoting
housing and better services or resisting environmental damages.
Planning faculty and graduate students have assisted and promoted
citizen efforts at improvement in housing and neighborhood conditions
for women, at improving public housing projects, and at organizing
poor people and universities to protect and improve air quality and
other environmental conditions in their neighborhoods."'
* Drake University in Des Moines is involved in several
neighborhood projects, including subsidizing mortgages for faculty and
staff who will buy property in the area." 2
- In the early 1970s, the University of North Carolina owned and
operated all utilities: gas, water, electricity, and telephones. These and
a university-based bus system were eventually hived off to city and
other units during subsequent growth cycles. Later, the campus
planned
to redistribute offices and facilities to satellite land holdings
(including [the] airport) within the city, and [considered] the
possibility of establishing a university-based science-laboratory
park, all with predictably positive effects on local communities.
Quite a lot here, but very different in scope and effects from city
110. See E-mail from Tridib Banerjee to author. Also see USC and the Community, a 150-
page compendium listing several hundred community outreach programs, put together by USC
Civic and Community Relations in July 1997.
Ill. For reports on this work, see Dolores Hayden, Placemaking, Preservation, and Urban
History, 41 J.ARCHITECTURAL EDUC. 45, 45-51 (1998); Jacqueline Leavitt & Anastasia
Loukaitou-Sideris, A Decent Home and a Suitable Environment: Dilemmas of Public Housing
Residents in L.A., 12 J. ARCHITECTURAL & PLAN. REs. 221, 221-39 (1995).
112. See E-mail from Eric Kelly to author.
1998] FISHING BODIES OUT OF THE RIVER 1233
120. Thanks to Pierre Clavel for suggesting this formulation. See THOMAS BENDER, NEW
YORK INTELLECr: A HISTORY OF INTELLECTUAL LIFE IN NEW YORK CITY, FROM 1750 TO Thi
BEGINNINGS OF OUR OWN TIME 294-318 (1987).
121. Think of, for example, the University of Chicago and Hyde Park; or Columbia and
Harlem.
122. See Schorske, supra note 58.
123. See discussion supra Part V.B.2.
19981 FISHING BODIES OUT OF THE RIVER 1235
124. Steven B. Sample, USC and the Rebuilding of Los Angeles, CHANGE, July-Aug. 1993,
at 48.
125. See id
126. Susan Kauffman, Universities Look Outwcard on Toirn-Gown Matters, NEWS & OBSERVER
(Raleigh, NC), July 18, 1997, at 6-7.
1236 CONNECTICUT LAW REVIEW [Vol. 30:1205
Cities reflect, for the most part, the problems of their larger
societies. What are the major problems of American society-and
therefore of its cities? Among them are the following: a severe
maldistribution of income, by many measures the worst among the rich
industrial countries; 36 racial discrimination in economics and social life,
in employment, schooling, and housing; massive unemployment and low
wages (still) among African Americans, American Indians, Puerto
Ricans, recent immigrants, and some other minority population
groups;'" widespread alienation, drug use and drug addiction (including
alcohol) among many population groups; and high levels of directed
and random violence.
One hesitates to use statistics for fear of abstracting and overstating
the case. But some numerical reference points can be useful. If we
look at American prison populations, for example, we find that (even
compared to the repressive USSR and South Africa under the apartheid
regime), the United States performs very badly. Incarceration rates in
the United States are far greater than those of Britain, the highest in
Europe. Young black men are incredibly likely to be involved with the
(in)justice system: one of three is either in jail, awaiting trial, or on
probation. These statistics terrify intelligent observers. 38 As we have
seen, some commentators still think of these as urban problems, but
sensitive interpreters and thorough researchers, like Mike Davis and
Joan Didion reporting on the maladies of white suburbs of Los
Angeles, show us how deeply rooted and widely spread these social
and economic problems have become.'
Still, and partly because suburban residents have "forted up" against
outsiders, most minority-inhabited, central-city neighborhoods present
worse problems than do most suburbs: their people are much more
likely to be poor and very poor, they live in older and more
dilapidated housing stock, they have less capacity to pay for preparation
for the future (as in good schools) or protection for the present (in
proper policing), and among them a minority of the minority impose
difficulties and dangers on their neighbors. 4 The causes of America's
profound social and spatial unevenness and separations lie deeply rooted
in the country's history, in the structure of the modem economy, and
in the changes now taking place as the world economy becomes ever
more interconnected and more uncontrollably (but not inevitably)
competitive.
In every modem capitalist economy, the labor market itself offers
the largest set of potential and real benefits. The labor market's
shortcomings therefore cause great injury. The vast majority of the
population must satisfy most of its physical needs via the weekly or bi-
weekly paycheck. But the labor market is structured and segmented,
biased against women, immigrants, and people of color.' 4 ' It is also
quite strongly "biased" in favor of those who hold specialized skills
and generally useful capabilities, in math and language (English), for
example.' In the United States, analysts conclude that a growing
number of people find themselves ill prepared for an ever more
competitive labor market.' 43 The last decades have seen a strong and
unequalizing shift of rewards from workers to business and from low-
paid to high-paid employees.' Virtually all income gains of the last
1993, at 46; see also William Finnegan, The Unwanted, NEW YORKER, Dec. 1, 1997, at 60.
140. In Peter Marcuse's brilliant portrayal of the new ghetto as a neighborhood of outcasts,
the proportion who are destructive grows larger. Marcuse quotes Habermas: "underprivileged
groups can in extreme situations react with desperate destruction and sclf-destructlion." Peter
Marcuse, The Enclave, the Citade4 and the Ghetto: What Has Changed In the Post-Fordist
US. Ciy, 33 URB. AFF. REv. 228, 238 (Nov. 1997) (quoting JORGENS HABEUIAS, TOWARD A
RATiONAL SociEry: STUDENT PROTEST, SCIENCE, AND POLMCs 108-09 (1970)). On the other
hand, Lorc Wacquant properly cautions against the irresponsible and historically incorrect
assertion that most people forced to live in (the U.S. black) ghetto are outcasts, pathetic, or
criminal. See LoTc J.D. Wacquant, Three Pernicious Premises n the Study of the American
Ghetto, 21 INT'L J. URB. & REGIONAL RES. 341, 341-53 (1977).
141. LABOR MARKEr SEGMENTATION (Richard C. Edwards et al. eds., 1973).
142. Vietorisz et al., supra note 132, at ch. 3.
143. "Unable to recruit enough workers, Otto Engineering, Inc. near Chicago lowered its
standards. Assemblers of its electronic switches no longer need to score at a sixth-grade level
on a math test." Louis Uchitelle, Employers Hustle to Fll Job Rolls Without Pay Raises, N.Y.
TIMES, Apr. 6, 1998, at Al.
144. See BENNETT HARRISON & BARRY BLUESTONE, THE GREAT U-TURN: CORPORATE
1240 CONNECTICUT LAW REVIEW [Vol. 30:1205
twenty years have accrued to the wealthy or near wealthy, the top one
or five or ten percent. Those in the majority (the middle 60%, by
most estimates) have seen their incomes stagnate and those at the
bottom have lost, both relatively and absolutely. 4 High proportions of
the people at the bottom are il-prepared; large numbers have dark
skins; high proportions live in central city 6 neighborhoods; and high
proportions are single women with children.'
Many inner-city inhabitants suffer from several layers of painful
causation. They are jobless or earn only low/minimal pay, a result of
lack of opportunity. Poor public schools leave students with inadequate
educations and hopelessness. Dominating institutions and individuals
push others to the bottom of an unfairly biased social structure. What
is more, some neighbors, notably young men with few opportunities for
legal work at decent pay, have adopted anti-social strategies for
survival. These bad results feed back at worst to cause further decay
of people and their neighborhoods; at best they lead to stagnation.
RESTRUCTURING AND THE POLARIZING OF AMERICA (1988); EDWARD N. WOLFF, TOP HEAVY:
THE INCREASING INEQUALITY OF WEALTH IN AMERICAN AND WHAT CAN BE DONE ABOUT IT
(1996). Two front page articles in the New York Times illustrate how the rising skewness in
the income distribution, which shrinks the middle class, creates privilege at the top as it pushes
ever large numbers of people down. See Randy Kennedy, For Middle Class, New York
Shrinks as Home Prices Soar, N.Y. TIMES, Apr. 1, 1998, at A3 ("builders are creating new
housing only for the city's wealthiest residents and, using government subsidies, for a
comparatively small number of its poorest."); Laurence Zuckerman, Airlines Coddle High Fliers
at Expense of Coach Class, N.Y. TIMES, Apr. 1, 1998, at Al (TWA "elite fliers" are identified
by special ticket envelopes so they will get the "extra level of customer service they deserve,"
made possible in part by more cramped quarters in coach class; U.S. Airways is removing
coach seats to make way for spacious business-class service).
145. GOLDSMITH & BLAKELY, supra note 3.
146. Id.
147. See, e.g., Lolc J.D. Wacquant, Urban Outcasts: Stigma and Division In the Black
American Ghetto and the French Urban Periphery, 37 INT'L J. URB. & REGIONAL RES. 366
(1993).
1998] FISHING BODIES OUT OF THE RIVER
153. Id.
154. There is evidence that certain external and internal forces may erode the differences In
the future. See William W. Goldsmith, The Metropolis and Globalization: The Dialectics of
Racial Discrimination, Deregulation, and Urban Form, 41 AM. BEHAv. SCIENTIST 299, 307-09
(1997). See also Pestieau, supra note 149.
155. See GRAHAM KELLY, LOCAL AUTHoRTY FINANCIAL PLANNING TECHNIQUES AND
BUDGETARY PROCESSES 13 (1981).
156. The transportation sector is a good example. See generally JOHN PUCHER & CHRISTIAN
LEFEVRE, THE URBAN TRANSPORT CRIsIs IN EUROPE & NORTH AMERICA (1996).
157. Neoclassical economics defines "non-market" or "unearned" payments as subsidies and
regards them generally as "distortions" that are harmful to efficiency. To reach such
conclusions, and to treat such "transfer payments" pejoratively, economists must accept (among
other things) that the distribution of income is unquestioned, acceptable, or fair.
1998] FISHING BODIES OUT OF THE RIVER
impoverished outcasts. 58
Taken together, these things mean that city slums, as they are
known in the United States, practically don't exist in Europe. It would
be absurd to overstate the case, both because careful examination
reveals plenty of poverty and misery in European cities, focused in
particular neighborhoods, and because the pressures of inequality in
capitalist markets push hard to produce more poverty and misery there,
but it would be unwise also to ignore the very great differences.
Because of these great differences, Europeans at first have a difficult
time understanding the miserable nature of American cities.
There is another set of reasons why the structure and nature of the
European city present themselves so differently from their American
counterparts. Suburbanization as it is known in the United States, as it
has developed in the "American Century" from 1945 to about 1970,1'9
has not (yet) happened in Europe. Europeans have resisted
suburbanization, and they have resisted better than Americans the
powerful and destructive interests of the industrial complex made up of
the oil, auto, steel, cement, construction, and real estate industries.
They have resisted for historical, institutional, social, cultural, and
political reasons that are beyond the scope of this Article. But
Europeans have consequently paid much more attention to the good
health of their cities. Indeed, when one searches for the zones of cities
where the poor do live, and where schools and other services are less
munificent, one looks not in the centers but on the periphery. Indeed,
in the Italian language of today, the word peripheriarefers not only to
the outskirts of the cittd, but also to the poor conditions of housing, the
lack of public services, the unregulated nature of land development, the
generally outcast nature of those unlucky enough to have to live in the
suburbs!
Peter Marcuse, in an important recent piece of urban analysis,
argues that as bad as the ghetto has been for African Americans in
U.S. cities, recent changes in the global economy make it even
worse. 6' Marcuse argues that the "post-Fordist ghetto is new in that it
has become what might be called an outcast ghetto, a ghetto of the
excluded, rather than of the dominated and exploited or of those only
marginally useful." This adds a new dimension, "a specific relationship
158. See Marcuse, supra note 140; Wacquant, supra note 147.
159. See GoLSMTrrH & BLAKLEY, supra note 3, at 15; KENNETH JACKSON, THE CRABGRASS
FRO rnER THE SUBURBANIZATION OF THE UNITEm STATES (1985).
160. See Marcuse, supra note 140.
CONNECTICUT LAW REVIEW [Vol. 30:1205
between the particular population group and the dominant society that
is economically as well as spatially exclusionary." Where ghetto
residents were previously separated (even as non-citizens) and held
inferior by the larger society, they were related economically and
socially to that society. They are now "not part of the mainstream
economy."''
Against these massive, pervasive, and destabilizing forces of
inequality, discrimination, and economic change, what are appropriate
activities for (urban) universities?
161. Id at 232-33 (noting that in practical terms, total ghettoization is almost exclusively a
problem for black, rather than other minority Americans (such as Hispanics)). But many
Hispanics are also black, thus subject to ghetto restriction, a point made by DOUGLAS S.
MASSEY & NANCY A. DENTON, AMERICAN APARTHEID: SEGREGATION AND THE MAKING OF AN
UNDERCLASS (1993), and by GOLDSMITH & BLAKELY, supra note 3.
162. Taylor, supra note 61, at 18-19.
163. See William W. Goldsmith, Taking Back the Inner City: A Review of Recent Proposals,
REV. BLACK POL. ECON., Fall/Winter 1996, at 95. The problem is broader, of course. When
W.E.B. DuBois in 1903 claimed the Negro was "gifted with second-sight in this American
world," with a "double-consciousness, this sense of always looking at one's self through the
eyes of others," he didn't need to add that the experiences of most whites equipped them with
only single-vision, leaving them, I believe, not simply disinterested, or hostile, but often
incapable of understanding the ghetto. W.E.B. DuBois, THE SOULS OF BLACK FOLK 5
(Penguin Books 1989), quoted in Angela Harris, Race Theory in Contemporary Legal Thought,
at 9 & n25 (unpublished manuscript, Boalt Hall, U.C. Berkeley, n.d.) (on file with author).
On the problem of invisibility of the poor, also see William W. Goldsmith, Is There a Point
in the Cycle of Cities at Which Economic Development Is No Longer a Viable Strategy-Or,
When Is the Neighborhood Too Far Gone, in DILEMMAS, supra note 50, at ,
164. Edel, supra note 4, at 178.
1998] FISHING BODIES OUT OF THE RIVER
165. Robert Mier, Exclusion and Inadequacy Indexes: Labor Market Indicators for Social
Planning, at 2 (Ph.D. dissertation, Cornell University, Aug. 1975) (quoting 1 CLEvELAND
POLICY PLANNING REPORT 11 (1975)).
166. See WILLiuA RYAN, BLAMING THE VICTIM (1976).
167. See CHARLES A. VALENTINE, CULTURE AND POVERTY: CRITIQUE AND COUNTER-
1246 CONNECTICUT LAW REVIEW [V/ol. 30:1205
PROPOSALS (1968).
168. See PUCHER & LEFERE, supra note 156. Douglass B. Lee, Jr. estimated unrecovered
public subsidies to highway travel in the U.S. to total $331 billion in 1991. See Douglass B.
Lee, Jr., Uses and Meanings of Full Social Cost Estimates, at 10, tbl. 3 (1996) (unpublished
paper) (on file with Volpe Transportation Center, Cambridge, MA).
169. See GORz, supra note 116.
170. See id.