Ordering (and Order in) the City
Nicole Stelle Garnett
Notre Dame Law School
Stanford Law Review, Vol. 57, pp. 1-58, 2004
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.
Number of Pages in PDF File: 49
Keywords: Order maintenance, broken windows, land use, zoning, public order, urban development
JEL Classification: H70, R14, K10, K11
Date posted: December 30, 2004