Ordering (and Order in) the City

49 Pages Posted: 30 Dec 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 Classification: H70, R14, K10, K11

Suggested Citation

Garnett, Nicole Stelle, Ordering (and Order in) the City. Stanford Law Review, Vol. 57, pp. 1-58, 2004. Available at SSRN: https://ssrn.com/abstract=637207

Nicole Stelle Garnett (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556
United States
574-631-3091 (Phone)

HOME PAGE: http://www.law.nd.edu/faculty/facultypages/garnettn.html

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