Traditional antidiscrimination laws do not effectively deter or remedy civil rights violations by local governments and related entities. The federal government lacks the resources to litigate more than a limited number of large discrimination cases at one time.1 Individually injured civil rights litigants face significant statutory and court-imposed limitations on making discrimination claims against local governments.2 Public interest litigators advocating for institutional change face problems of standing3 and the challenge of pushing for broader social change while remaining loyal to individual clients.4
As a few commentators and litigators have recognized, albeit in limited …