Sunday, March 28, 2010

Three by Garnett

Nicole Stelle Garnett (Notre Dame), author of the recently-released Ordering the City: Land Use, Policing, and the Restoration of Urban America (Yale U. Press, 2010), has posted three new papers to SSRN this month.  The first, Unbundling Homeownership: Regional Reforms from the Inside Out, is forthcoming in the Yale Law Journal.  The abstract:

Two vexing puzzles plague American land use regulators. The first puzzle is how to protect property owners from harmful spillovers without unduly stifling land use diversity. The dominant forms of land use regulation in the United States - zoning and private covenants - rely on ex ante prohibitions. Yet, since local governments and private developers rarely can calibrate the level of regulation to residents’ true preferences, the costs imposed by these regulations tend to exceed the benefits of actual harm prevention. The result is the over-protection of property owners and, and, many would argue, a monotonous, sterile, inefficient, and inconvenient suburban landscape. The second puzzle is how to address the intrametropolitan inequalities resulting from the fragmented distribution of regulatory authority without undercutting the beneficial effects of inter-jurisdictional competition. While this puzzle extends beyond property law, land use regulations are particularly problematic because they empower local jurisdictions to exclude unwanted residents. The difficulty is, however, that most proposed strategies to address this second puzzle threaten to undermine the efficiency gains that are produced when, as Charles Tiebout influentially predicted, local governments compete with one another for residents. By treating these two land use puzzles as property-entitlement problems, rather than regulatory-design problems, The Unbounded Home breaks free from standard land-use and local-government debates and offers novel solutions to address seemingly intractable difficulties. This review focuses on the two of Fennell’s proposals that, in my view, hold the most promise: First, the use of “entitlements subject to self-made options” or “ESSMOs”, to address local land use spillovers; and second, the reconfiguration of home-ownership to minimize owners’ incentives to demand that exclusionary land use policies.

Garnett's second article, coauthored with Margaret F. Brinig (Notre Dame), is Catholic Schools and Broken Windows.  The abstract:

This paper represents the second stage of an effort to test previously unstudied implications of a dramatic shift in the American educational landscape, namely, the rapid disappearance of Catholic schools from urban neighborhoods. In a previous study, we used data from the Project on Human Development in Chicago Neighborhoods to measure how Catholic school closures affected perceived levels of disorder and social cohesion in Chicago neighborhoods. In this paper, we use data provided by the Chicago Police Department to test two related hypotheses about the effects of Catholic school closures on violent crime rates. The first is that Catholic school closures will lead, in relatively short order, to increased crime in a neighborhood. The second is that that crime will increase most dramatically in those police beats where previous school closures led to elevated levels of physical and social disorder and suppressed levels of social cohesion in 1995. We find that Catholic school closures are linked to increase in violent crimes, and that the most significant increases occur in police beats with the highest levels of school-closure-related disorder and -suppressed social cohesion in 1995.

Our study contributes in unique ways to two critical legal-policy debates about policing and education policy. First, and most significantly, our data provides a novel means of testing the broken windows hypothesis. We know, from our previous investigation, where school closures have elevated disorder and suppressed social cohesion, and, using a 3SLS analysis to solve simultaneous equations, we are able to link these findings with subsequent elevated levels of serious crimes. These findings suggest a connection between disorder and serious crime, even if not the direct one posited by Wilson and Kelling. Second, the study contributes new and important evidence to debates about school choice, especially in light of the very real possibility that urban Catholic schools will continue to disappear unless new sources of tuition assistance become available to the students that they serve.

Finally, Garnett has posted Order-Maintenance Agenda as Land Use Policy, forthcoming in the Notre Dame Journal of Law, Ethics, and Public Policy.  The abstract:

Debates about the broken windows hypothesis focus almost exclusively on whether the order-maintenance agenda represents wise criminal law policy — specifically on whether, when, and at what cost, order-maintenance policing techniques reduce serious crime. These questions are important, but incomplete. This Essay, which was solicited for a symposium on urban-development policy, considers potential benefits of order-maintenance policies other than crime-reduction, especially reducing the fear of crime. The Broken Windows essay itself urged that attention to disorder was important not just because disorder was a precursor to more serious crime, but also because disorder undermined residents’ sense of security. The later scholarly explications of the broken windows hypothesis also emphasize the connection between restoring the perception of security and its reality. One reason that social norms scholars link disorder and crime is that disorder has a predictable effect on law-abiding citizens: those with financial resources move away from, or choose not to move into, disorderly neighborhoods; those without resources remain inside and avoid public places. Even if these reactions (somewhat surprisingly) do not lead to more crime in a community, they certainly disadvantage city neighborhoods vis-à-vis their suburban alternatives. Moreover, and importantly, the goals of reducing crime and of helping poor, inner-city residents feel better about, and more vested in, their communities are not necessarily coterminous; order-maintenance policies might achieve the latter without achieving the former. In other words, it might be the case that order-maintenance policies “work” even if they do not curb serious crime.

These articles relate to Prof. Garnett's important work set forth in Ordering the City.  You may also be interested in a recent series of posts on Prawfsblawg on Ordering the City, with contributions from Ben Barros, Tracey Meares, Chris Serkin, Lee Fennell, Stephen Clowney, and Michele Wilde Anderson.

Matt Festa

http://lawprofessors.typepad.com/land_use/2010/03/three-by-garnett.html

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