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Ordering (and Order in) the City
Nicole Stelle Garnett Notre Dame Law School Stanford Law Review, Vol. 57, pp. 1-58, 2004 Abstract: Over the past two decades, the "broken windows" hypothesis by George Kelling and James Q. Wilson has revolutionized thinking about urban policy. This now-familiar theory is that uncorrected manifestations of disorder, even minor ones like broken windows, signal a breakdown in the social order that accelerates neighborhood decline. The response to this theory has been a proliferation of policies focusing on public order. Largely missing from the academic debate about these developments is a discussion of the complex and important role of property regulation in order-maintenance efforts. This Article attempts to fill that property law gap in the public-order puzzle by tackling the complicated relationship between property regulation and order-restoration efforts.
Keywords: Order maintenance, broken windows, land use, zoning, public order, urban development JEL Classifications: H70, R14, K10, K11 Accepted Paper SeriesDate posted: December 30, 2004 ; Last revised: June 02, 2005Suggested CitationContact Information
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