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Municipal Law: Treatises

This guide is about municipalities and local governments

Leading Treatises

1) McQuillan, Eugene. The Law of Municipal Corporations. 3d ed. St. Paul, MN: Thomson Reuters West (Clark Boardman Callaghan), 2004 - date. 30 vols. This is available on Westlaw and it is kept current.

Description from Svengalis: "Published continuously since 1904, this is the definitive work in the field of municipal corporation law. It addresses every aspect of local government law from the nature and kinds of municipal corporations through the myriad functions performed at the local level.

"Specific chapters are devoted to such topics as legislative control of municipal corporations, elections, offices and officers, employees, meetings and proceedings of council or governing legislative body, municipal ordinances, police powers, zoning, licenses and permits, corporate property, eminent domain, municipal enterprises, public improvements, financial powers, municipal bonds, taxation, fire and police departments, public education, mandamus, and municipal liability, among others.

"The text is supported by numerous citations to case law and to other relevant West titles such as Sands, Local Government Law and Fletcher, Cyclopedia of Corporations. The attorney specializing in municipal law cannot afford to be without this set unless he or she has ready access to one in a public law library. It is also a basic reference for both elective and appointive officials, city and town solicitors, etc."

2) Antieau, Chester James. Antieau on Local Government Law. 2d ed. New York: Matthew Bender & Co., 1998 - date. 7 vols. It is updated three times each year. It is available on Lexis Advance and kept current.

Description from Svengalis: "This seven-volume encyclopedic treatment of local government law. The topics covered include Organization, Relationship with Federal, State & Other Local Governments, General Powers, Exercise of Powers, Land Use Planning & Control, Contracts & Contractual Liability, Tort Liability, Finances, Elections and Referendums, Actions By & Against Local Governments, Services & Assistance, Education, Officers & Employees, and Local Authorities, Districts & Public Corporations. Provides more coverage of home rule issue than McQuillan."

Other Treatises on Westlaw

Home>Secondary Sources>Municipal Law Secondary Sources

  • Civil Actions Against State & Local Government: Its Divisions, Agencies & Officers
  • Exactions, Impact Fees & Dedications
  • Federal Limitations on State & Local Taxation 2d
  • Local Regulations of Adult Businesses
  • Local Government Law (Hornbook on permanent reserve) 

Other Treatises on LexisAdvance

  • Insurance and Risk Management for State and Local Governments
  • Municipal Debt Finance Law: Theory and Practice

Minor Treatises

1) Martinez, John, C. Dallas Sands, and Michael  E. Libonati. Local Government Law. St. Paul, MN: Thomson Reuters West (Clark Boardman Callaghan), 1981 - date. 4 vols. Looseleaf format. It is supplemented annually and available on Westlaw.

Description from Svengalis: "The authors provide discussion and analysis of the place of local government in the scheme of American law, the organization and processes of local government, the powers of local government, and the accountability of local governments including both tort liability and other obligations. Their coverage of local government organization and processes extends to such areas as personnel matters, processes of governance, records, nature and scope of powers, regulatory powers, licensing, land development regulation, streets and public ways, provision of public services, welfare services, education, property, contracts, taxation, special assessments, borrowing, budget controls and fiscal administration. Includes extensive citations to primary and secondary authorities. Annual cumulative supplements provide revisions to text and recent authorities. Ideally suited as a reference for the municipal attorney, elected official, town manager, department head, or the practicing attorney specializing in municipal law."

2) Fontana, Vincent R. Municipal Liability: Law and Practice. 3rd ed. New York: Wolters Kluwer Law & Business, 2007-date. 2 vols. Looseleaf format. Available on Westlaw

Description from Svengalis: "With the withering away of the doctrine of sovereign immunity, municipal corporations are faced with an increasing level and variety of potential liabilities, particularly in such areas as employment, age and educational discrimination, housing, police misconduct, sexual harassment, zoning, and voting rights. This comprehensive and well-annotated text provides detailed discussion of the law regarding specific areas of municipal liability, guidance to those defending municipal departments and agencies, as well as those bringing actions against such entities. Chapters include: (1) the Civil Rights Act of 1964: Title VII; (2) Civil Rights Act of 1991; (3) Americans with Disabilities Act of 1990; (4) Age Discrimination in Employment Act; (5) Sexual Harassment in the Workplace Under Title VII; (6) Analysis of Various State Anti-discrimination in Employment Laws; (7) Property Rights; (8) Police Misconduct; (9) the Civil Rights Act of 1871; (10) First Amendment; (11) the Right to Vote; (12) Attorneys' Fees; (13) Defenses; (14) Zoning; (15) Relief--Damages; (16) Jury Instructions; (17) Discovery; (18) Legality and Privacy Issues of E-Mail in the Workplace; (19) State Freedom of Information Law; ad (20) Open Meetings Law. The text is supplemented with numerous jury instructions and, sample complaint, pleading and discovery forms in specific areas of municipal liability, as well as a table of cases and index. Vincent R. Fontana is a founding partner in the law firm of Fontana & Broderick, LLP in Garden City, New York, where he specializes in labor and employment, civil rights, constitutional law, and negligence and tort liability. He attended College of the Holy Cross and Fordham Law School, has published widely in the areas of labor and employment, and municipal liability, and is a frequent lecturer at IMLA conferences."

3) Bodensteiner, Ivan E. and Rosalie Berger Levinson. State & Local Government Civil Rights Liability. 2d ed. St. Paul, MN: West (Clark Boardman Callaghan), 2011 - date. 5 vols. Looseleaf format. Annual supplementation. It is available on Westlaw along with treatises on State & Local Government Debt Financing, State & Local Government Employment Liability, and State & Local Government Environmental Liability.

Description from Svengalis: "This two-volume treatise examines the grounds upon which state and local governments are subject to suit under federal civil rights acts. It provides attorneys and local governments with guidance on how to defend against civil rights actions and how to prevent liability in the first place. Outlines strategies and tactics used by plaintiffs in such cases. Provides advice on such matters as jurisdiction, procedure, defenses, immunities, enforcement, remedies, types of conduct regulated, proof of claims and attorneys fees. Also discusses the protection of Federal rights under §1983, employment discrimination, the Age Discrimination in Employment Act, and litigating Federal claims in state courts."