Brave new neighborhoods: The privatization of public space

Brave New Neighborhoods: The Privatization of Public Space

Volumn , Issue , 2004, Pages 1-189

  Kohn, Margaret ^a  

^a UNIVERSITY OF FLORIDA   (United States)

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[No Author keywords available]

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EID: 84906797466     PISSN: None     EISSN: None     Source Type: Book    
DOI: 10.4324/9780203495117     Document Type: Book

References (506)

1. The local press reported that the mall had been asking mall-goers with antiwar Tshirts to leave for weeks. Winnie Hu, "A Message of Peace on 2 Shirts Touches Off Hostilities at a Mall," New York Times, March 6, 2003.
2. Anne Miller, "Mall Drops T-shirt Charges," The Times Union, March 6, 2003, B1.
3. cnn.com/2003/US/Northeast/03/04/iraq.usa.shirt.reut, March 4, 2003.
4. Jamin Raskin, Overruling Democracy: The Supreme Court Versus the American People (New York: Routledge, 2003), 169-70.
5. Pruneyard Shopping Center et al. v. Robbins (1980) 447 U.S. 74.
6. United States v. Kokinda et al. (1990) 497 U.S. 720.
7. Hadley Arkes, The Philosopher in the City: Moral Dimensions of Urban Politics (Princeton: Princeton University Press, 1981)
8. Robert Teir, "Maintaining Safety and Civility in Public Spaces: A Constitutional Approach to Aggressive Begging," Louisiana Law Review 54 (1993), 285-338
9. Robert Ellickson, "Controlling Chronic Misconduct in City Spaces: Of Panhandlers, Skid Rows, and Public-Space Zoning," Yale Law Journal 105 (March 1996), 1165-1246.
10. Susan Bickford, "Constructing Inequality: City Spaces and the Architecture of Citizenship," Political Theory 28, no. 3 (2000), 355-376
11. Iris Marion Young, "The Ideal of Community and the Politics of Difference," in Feminism/Postmodernism, ed. L. Nicholson. (New York: Routledge, 1990)
12. Richard Sennett, The Uses of Disorder (New York: Knopf, 1970).
13. Mona Abaza, "Shopping Malls, Consumer Culture, and the Reshaping of Public Space in Egypt," Theory, Culture, and Society 18, no. 5 (2001), 97-122.
14. Benjamin Barber, "Malled, Mauled and Overhauled: Arresting Suburban Sprawl by Transforming the Mall into Usable Civic Space," in Public Space and Democracy, eds. Marcel Hénaff and Tracy B.Strong (Minneapolis: University of Minnesota Press, 2001).
15. David J.Smiley, Sprawl and Public Space: Redressing the Mall (New York: Princeton Architectural Press, 2002).
16. Nick McCabe-Lokos, "Councillor Kyle Rae Force Behind Project," Toronto Star, May 29, 2003, J10.
17. "Lincoln Center Bans Union Rally," City Law 7 (May/June 2001), 68.
18. Daniel Smith, "Special Interests and Direct Democracy: An Historical Glance," in The Battle over Citizen Lawmaking, ed. M.Dane Walters (Durham, NC: Carolina Academic Press, 2001).
19. Cass Sunstein, Republic.com (Princeton, NJ: Princeton University Press, 2001)
20. Darin Barney, Prometheus Wired: The Hope for Democracy in the Age of Network Technology (Chicago: University of Chicago Press, 2000).
21. Bickford, "Constructing Inequality."
22. Dolores Hayden, Redesigning the American Dream: The Future of Housing, Work, and Family Life (New York: Norton, 1986), 101.
23. Aida Hozic, "Zoning or How to Govern (Cultural) Violence," Cultural Values 6, no. 1 (2002), 183-195.
24. Iris Marion Young, "Residential Segregation and Differentiated Citizenship," Citizenship Studies 3, no. 2 (1999), 240-242.
25. Young, "Residential Segregation and Differentiated Citizenship," 242.
26. Young makes this same argument in regard to the broader issue of segregation. "Residential Segregation and Differentiated Citizenship," 243.
27. David Bollier, "Rethinking the Commons," Boston Review 27:3-4 (Summer 2002), 4.
28. David Bollier, Silent Theft (New York: Routledge, 2002) 2-3.
29. Lessig, The Future of Ideas, 19.
30. Jeff Weintraub and Krishan Kumar, Public and Private in Thought and Practice: Perspectives on a Grand Dichotomy (Chicago: University of Chicago Press, 1997), 2
31. Hanna Pitkin, "Justice: On Relating Private and Public," Political Theory 9, no. 3 (1981): 327-352
32. Norberto Bobbio, "The Great Dichotomy: Public/Private," in Democracy and Dictatorship: The Nature and Limits of State Power (Oxford: Polity, 1989).
33. Jeff Weintraub, "The Theory and Politics of the Public/Private Distinction," in Public and Private in Thought and Practice, 7.
34. Hannah Arendt, The Human Condition (Chicago: University of Chicago Press, 1958), 22-78.
35. Richard Sennett, The Fall of Public Man (New York: Random House, 1976).
36. Jerold Kayden, Privately Owned Public Spaces: The New York City Experience (New York: Wiley, 2000).
37. Richard Briffault, "A Government for Our Time? Business Improvement Districts and Urban Governance," The Columbia Law Review 99 (1999), 365-477.
38. William E. Connolly, The Terms of Political Discourse (Lexington, MA: D.C. Heath and Company, 1974), 14.
39. Hague v. Committee for Industrial Organizations 307 U.S. 496 (1939).
40. Marsh v. Alabama 326 U.S. 501 (1946).
41. Rosalind Helderman, "Lawyer Tests Mall Policy on Clothing, Gets Warning," St. Petersburg Times, July 25, 2000, 3B.
42. Richard Sennett, The Uses of Disorder (New York: Knopf, 1970).
43. Guy Debord, The Society of the Spectacle (New York: Zone Books, 1995), 22.
44. Debord, The Society of the Spectacle, 17.
45. Sennett, The Uses of Disorder.
46. Setha Low, On the Plaza (Austin, TX: University of Texas Press, 1999)
47. Whyte, The Social Life of Small Urban Spaces.
48. Michel de Certeau, The Practice of Everyday Life (Berkeley: University of California, 1988), 99.
49. This claim is made by David Rabban in his book Free Speech in Its Forgotten Years (New York: Cambridge University Press, 1997).
50. Nat Hentoff's The First Freedom: The Tumultuous History of Free Speech in America (New York: Delacorte Press, 1980).
51. Michael Kent Curtis, Free Speech, "The People's Darling Privilege": Struggles for Freedom of Expression in American History (Durham, NC and London: Duke University Press, 2000).
52. Curtis, Free Speech.
53. Curtis, Free Speech, 216-240.
54. In 1940, Congress passed the Smith Act, which made it illegal to advocate refusal of military service and prohibited advocacy of the overthrow or destruction of the government by force. Zechariah Chafee, Jr., Free Speech in the United States (New York: Antheum, 1969).
55. Rabban, Free Speech.
56. The Industrial Worker, August 17, 1911.
57. The Industrial Worker, November 17, 1909.
58. The Industrial Worker, April 1, 1909.
59. The Industrial Worker, January 1, 1910.
60. The Industrial Worker, January 1, 1910.
61. The Industrial Worker, August 12, 1909.
62. The Industrial Worker, December 12, 1909.
63. The Industrial Worker, November 2, 1909.
64. Melvyn Dubofsky, We Shall Be All, A History of the Industrial Workers of the World (Chicago: Quadrangle Books, 1969), 179.
65. Philip S. Foner, History of the Labor Movement in the United States: volume IV: The Industrial Workers of the World, 1905-1917 (New York: International, 1965), 181.
66. The Industrial Worker, January 1, 1910.
67. Dubofsky, We Shall Be All, 191.
68. Rabban, Free Speech, 90.
69. The Industrial Worker, May 28, 1909.
70. Stanley Fish, There's No Such Thing as Free Speech...and It's a Good Thing Too (Oxford: Oxford University Press, 1994), 102.
71. Wendy Brown, "Revaluing Critique: A Response to Kenneth Baynes," Political Theory 28, no. 4 (August 2000), 469-479
72. States of Injury: Power and Freedom in Late Modernity (Princeton, NJ: Princeton University Press, 1995).
73. Mary Ann Glendon, Rights Talk: The Impoverishment of Political Discourse (New York: Free Press, 1991).
74. Karl Marx, "On the Jewish Question," in The Marx-Engels Reader, ed. Robert C. Tucker (New York: Norton, 1978), 26-52.
75. The Industrial Worker, May 13, 1909.
76. Fish, There's No Such Thing as Free Speech, 102.
77. The Industrial Worker, April 1, 1909.
78. David Thelan, "Introduction,"
79. Leon Fink, "Labor, Liberty, and the Law: Trade Unionism and the Problem of the American Constitutional Order,"
80. Joyce Appleby, "The American Heritage: The Heirs and the Disinherited," symposium on rights consciousness in The Journal of American History 74, no. 3 (1987), 795-925.
81. Rabban, Free Speech, 126.
82. Rabban, Free Speech, 126.
83. Claude Lefort, The Political Forms of Modern Society (Cambridge, MA: MIT Press, 1986).
84. John Dewey, "Freedom of Thought and Affection" and "Academic Freedom," John Dewey: The Middle Works 1899-1924 (Carbondale: Southern Illinois University Press, 1976).
85. Zechariah Chafee, Free Speech in the United States (New York: Antheum, 1969), 411.
86. Hague v. Committee for Industrial Organization (1939) 307 U.S. 496.
87. Chaffee, Free Speech in the United States, 409-438.
88. Forsyth County v. Nationalist Movement 505 U.S. 123.
89. "Fence Case Knocked Down: Supreme Court Won't Hear Challenge over Summit Perimeter," The Gazette, July 13, 2001, A4.
90. "Horror Stories from Protestors, Police," Seattle Times, December 7, 1999, A2.
91. "Court Vindicates City s WTO Riot Measures," Seattle Times, October 31, 2001.
92. "Judge Voids Convention Security Zone," Los Angeles Times, July 20, 2000, 1.
93. "Zoned Out," The New Republic, May 13, 2002, 14.
94. For an excellent overview of the politics around corporate branding in general and Nike's relationship with university athletics in particular, Naomi Klein, No Logo (New York: Picador, 2000).
95. Florida-Times Union, April 13, 2002, A1.
96. Alisa Ulferts, "Protestors Who Put Up Tents in FSU Walkway Acquitted of Trespassing," St.Petersburg Times, September 26, 2002, 5B.
97. St.Petersburg Times, May 7, 2002.
98. The Florida-Times Union Times, April 13, 2002.
99. For example, the University of Maryland, College Park has a policy that "public speaking is limited to the Nyumburu Amphitheater. Public speaking elsewhere on campus is prohibited." The ACLU filed a suit challenging the policy on First Amendment grounds. See Peter Geier, "Students, ACLU Sue U of MD College Park Over Policy," The Daily Record, March 7, 2003.
100. "Zoned Out," The New Republic, 14.
101. Scott Street, "Promoting Order or Squelching Campus Dissent?" The Chronicle of Higher Education, January 12, 2001, A37.
102. John Dewey, Democracy and Education: An Introduction to the Philosophy of Education (New York: Macmillan, 1961).
103. Scott Street, "Promoting Order or Squelching Campus Dissent?"
104. "Zoned Out," 15.
105. Jamin B.Raskin and Clark L.LeBlanc, "Disfavored Speech About Favored Rights: Hill v. Colorado: The Vanishing Public Forum and the Need for an Objective Discrimination Test," The American University Law Review 51 (December 2001), 179-228.
106. Bonnie Honig, "Difference, Dilemmas, and the Politics of Home" in Democracy and Difference: Contesting the Boundaries of the Political, ed. Seyla Benhabib (Princeton, NJ: Princeton University Press, 1996), 257-277.
107. Steven Shiffrin, Dissent, Injustice, and the Meanings of America (Princeton, NJ: Princeton University Press, 1999).
108. Cornelius v. NAACP Legal Defense and Educational Fund 473 U.S. 778. This case dealt with fundraising activities in a government office.
109. For a detailed analysis of the consequences of this restriction upon access to and use of public space, Mike Davis, City of Quartz: Excavating the Future in Los Angeles (New York: Vintage, 1992).
110. As Robert Putnam points out in his book Bowling Alone: The Collapse and Revival of American Community (New York: Simon and Schuster, 2000).
111. In his article "Public Fora, Neutral Governments, and the Prism of Property," Calvin Massey calls this the affirmative approach. Hastings Law Journal 50 (January 1999), 309-353.
112. Justice Souter, dissent to Krishna v. Lee 505 U.S. 672.
113. http://www.iandrinstitute.org/.
114. http://www.iandrinstitute.org/.
115. Initiative and Referendum Institute v. United States Postal Service (2003).
116. International Society for Krishna Consciousness, Inc. v. Walter Lee 505 U.S. 672 (1992).
117. Perry Ed. Assn. v. Perry Local Educators' Assn. (1983)
118. Cornelius v. NAACP (1985).
119. Committee for the Commonwealth of Canada v. Canada 4 C.C.R. (2d) 60 (1991).
120. On this topic, see also Richard Moon, "Access to Public and Private Property Under Freedom of Expression," Ottawa Law Review 20 (1988), 339.
121. Section 1 of the Canadian Charter of Rights and Freedoms. For a brief discussion and sympathetic description of the reasonable limits clause, Stanley Fish, There Is No Such Thing as Free Speech...and It's a Good Thing Too (Oxford: Oxford University Press, 1994), 104-105.
122. Jürgen Habermas, The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society (Cambridge, MA: MIT Press, 1991)
123. Jürgen Habermas, "The Public Sphere: An Encyclopedia Article (1964)," New German Critique 3 (1974).
124. Habermas, The Structural Transformation of the Public Sphere, 35.
125. The phrase "right to the city" comes from Henri Lefebvre, the influential theorist of urbanism and social space. See his Writings on Cities (London: Blackwell, 1986).
126. Peter A. Barta, "Giuliani, Broken Windows, and the Right to Beg," Georgetown Journal on Law and Poverty (Summer 1999).
127. Jamin B.Raskin and Clark LeBlanc, "Disfavored Speech About Favored Rights: Hill v. Colorado, the Vanishing Public Forum, and the Need for an Objective Speech Discrimination Test," The American University Law Review (December 2001), 190.
128. Ward v. Rock Against Racism 492 U.S. 937 (1989).
129. Martin Luther King, "Letter from a Birmingham Jail."
130. Raskin and LeBlanc, "Disfavored Speech About Favored Rights," 185.
131. Stanley Fish, The Trouble with Principle (Cambridge, MA: Harvard University Press, 1999).
132. Fish, There Is No Such Thing as Free Speech.
133. Fish, There Is No Such Thing as Free Speech, 102-119.
134. John Stuart Mill, On Liberty (Indianapolis: Hackett, 1978).
135. The story of Bridgewater is recounted in Joel Garreau's Edge City: Life on the New Frontier (New York: Doubleday, 1991), 42-45.
136. John Hannigan, "The Saturday Essay: Who Wants to Spend Their Life in a Theme Park?" The Independent, Nov. 28, 1998, T1.
137. In an earlier case, Food Employees v. Logan Valley Plaza 391 U.S. 308 (1968) the court ruled that a labor union could picket a supermarket located in a shopping mall, despite the objections of the mall manager. For a full discussion of the shopping mall cases
138. Brady C.Williamson and James A.Friedman, "State Constitutions: The Shopping Mall Cases," University of Wisconsin Law Review (1998), 883-903
139. Curtis J. Berger, "Pruneyard Revisited: Political Activity on Private Lands," N.Y.U. Law Review 66 (1991), 663-691.
140. For a critical view of this argument, Richard Epstein, "Takings, Exclusivity and Speech: The Legacy of Pruneyard v. Robins," The University of Chicago Law Review 64 (Winter 1997), 21-56.
141. Mark Alexander, "Attention, Shoppers: The First Amendment in the Modern Shopping Mall," Arizona Law Review 41 (Spring 1999), 1-47.
142. Lloyd Corp. v. Tanner 407 U.S. 551 (1972).
143. Margaret Crawford, "The World in a Shopping Mall," in Variations on a Theme Park: The New American City and the End of Public Space, ed. Michael Sorkin (New York: Hill and Wang, 1992), 3.
144. Eds. Chuihua Judy Chung, Jeffrey Inaba, Rem Koolhaas, and Sze Tsung Leong, Harvard Design School Guide to Shopping (Cologne: Taschen, 2001).
145. For a detailed account of the transformation of the shopping mall, William Severini Kowinski, The Malling of America: An Inside Look at the Great Consumer Paradise (New York: Morrow, 1985).
146. Jim Walker, "Visionary's Quest: Columbus-Based Developer Yaromir Steiner Determined to Build Better Shopping Center," The Columbus Dispatch, June 9, 2002, 1E.
147. Melissa Levy, "On the Road Again," Minneapolis Star Tribune, July 16, 2001, 1D.
148. Kowinski, The Malling of America, 26-52.
149. Victor Gruen and Larry Smith, Shopping Towns USA: The Planning of Shopping Centers (New York: Reinhold, 1960).
150. Witold Rybczynski, City Life (New York: Touchstone, 1995), 206-207.
151. Kowinski, The Malling of America, 233.
152. "Universal City Walk: An Architect's Dream: A Conversation with Jon Jerde," Universal City Press Release, 1993.
153. Aida Hozic, Hollyworld: Space, Power and Fantasy in the American Economy (Ithaca, NY: Cornell University Press, 2001), 6.
154. The term comes from Keally McBride, Social Imagineering, unpublished manuscript, 2002.
155. Jennifer Niles Coffin, "The United Mall of America: Free Speech, State Constitutions, and the Growing Fortress of Private Property," University of Michigan Journal of Law Reform 33 Summer 2000), 615-649.
156. Craig Kellog, "Shopping and Housing Mix in New Kansas City Mall," Architectural Record 187, no. 2 (1999), 56.
157. Garreau, Edge City.
158. Lechmere, Inc. v. NLRB 502 U.S. 527 (1992).
159. For a more thorough discussion of this case see Coffin, "The United Mall of America."
160. Mike Kaszuba, "Megamall Not Public Space, Court Rules," Minneapolis Star Tribune, March 12, 1999, 1A.
161. Many other malls, including those operated by the Rouse Company (the developer of many visible projects such as Faneuil Hall in Boston), routinely provide a booth for community groups. Witold Rybczynski, City Life (New York: Simon and Schuster, 1995), 209.
162. Anne Miller, "Mall Drops T-shirt Charges," The Times Union, March 6, 2003, B1.
163. Anne Miller, "Malls, Main Street Intersect in Debate; As Anti-War Voices Seek a Public Outlet, Private Property Issues Arise," The Times Union, March 7, 2003, A1.
164. Benjamin Barber, "Malled, Mauled and Overhauled: Arresting Suburban Sprawl by Transforming the Mall into Usable Civic Space," in Public Space and Democracy, ed. Marcel Hénaff and Tracy B.Strong (Minneapolis: University of Minnesota Press, 2001), 206.
165. Jürgen Habermas, Theory of Communicative Action, Vol 1, tr. Thomas McCarthy (Boston: Beacon, 1984)
166. Jürgen Habermas, "What is Universal Pragmatics," Communication and the Evolution of Society, tr. Thomas McCarthy (Boston: Beacon, 1979).
167. For an excellent secondary source, Simone Chambers, Reasonable Democracy: Jür-gen Habermas and the Politics of Discourse (Ithaca, NY: Cornell University Press, 1996).
168. Molly J.Liskow, "Leafletting Rules to Balance Mall's and Speakers' Rights," New Jersey Lawyer, August 28, 2000, B8.
169. For the full text of the decision, Green Party of New Jersey v. Hartz Mountain Industries, Inc., New Jersey Supreme Court, A-59, June 13, 2000.
170. For an example of the best cultural criticism of the mall, Crawford, "The World in a Shopping Mall," 3-30.
171. Pierre Bourdieu, Distinction: A Social Critique of the Judgement of Taste (London: Routledge and Kegan Paul, 1986)
172. David Brooks, Bobos in Paradise: The New Upper Class and How They Got There (New York: Simon and Schuster, 2000).
173. Richard Briffault, "A Government for Our Time? Business Improvement Districts and Urban Governance," Columbia Law Review 99 (March 1999), 365-477.
174. Kowinski, The Malling of America, 53-63.
175. Clayton P.Gillette and Paul B. Stephan III, "Constitutional Limits on Privatization," American Journal of Comparative Law 46 (1998).
176. Stephen C.Fehr, "Property Owners Commit to Revive D.C.: In Heart of District a $38.5 Million Push for Safety, Cleanliness," The Washington Post, July 27, 1997, A20 (citing views of downtown business owners).
177. Briffault, "A Government for Our Time?" 396.
178. Paul Goldberger, "The Rise of the Private City," in Breaking Away: The Future of Cities: Essays in Memory of Robert F.Wagner, ed. Julia Vitullo-Martin (New York: Twentieth Century Fund Press, 1996), 136-137.
179. On festival marketplaces, M.Christine Boyer, "Cities for Sale: Merchandising History at South Street Seaport," in ed. Michael Sorkin, Variations on a Theme Park: The New American City and the End of Public Space (New York: Hill and Wang, 1992), 181-2044.
180. Bernard Frieden and Lynne Sagalyn, Downtown, Inc.: How America Rebuilds Cities (Cambridge, MA: MIT Press, 1990).
181. Tom Gallagher, "Trespasser on Main St.: (You!)," The Nation, December 18, 1995.
182. Avery v. Midland County et al. 390 U.S. 474 (1968).
183. "Voting Scheme for Board Okayed," City Law, November/December, 1998.
184. Marla Dickerson, "Fashion District Group Agrees to Settle Homeless Lawsuit," Los Angeles Times, August 14, 2001.
185. "Homeless Workers: BIDs Failed to Pay Minimum Wage," City Law, March/April 1998.
186. Heather Barr, "More Like Disneyland: State Action, 42 U.S.C. 1 1983, and Business Improvement Districts in New York," Columbia Human Rights Law Review (Winter 1997), 399-404.
187. Thomas Lueck, "Grand Central Partnership Is Subject of U.S. Inquiry," New York Times, May 26, 1995, A7.
188. Briffault, "A Government for Our Time?" 427-428.
189. Mitchell Freedman, "Riverhead to Govern Downtown Tenants," Newsday, May 9, 2002, A30.
190. Briffault, "A Government for Our Time?" 462-463.
191. Barr, "More Like Disneyland," 404, 408-411.
192. David Stout, "For a Troubled Partnership: A History of Problems," New York Times, November 8, 1995, B6.
193. Eds. Chuihua Judy Chung, Jeffrey Inaba, Rem Koolhaas, and Sze Tsung Leong, Harvard Design School Guide to Shopping (Cologne: Taschen, 2001).
194. L.Martin Nussbaum, "ACLU Invades Mormon Church Grounds," www.rothberger.com/newslettersarticles.
195. The general background information comes from T.R.Reid, "Salt Lake City Street Fight: Mormons and 'Gentiles' Duel Over Speech Rights," Washington Post, December 23, 2002, A01.
196. "Two Views on Ending Controversy on Main Street Plaza, A Plaza Not as Described," Salt Lake Tribune, November 24, 2002.
197. First Unitarian Church of Salt Lake City v. Salt Lake City Corporation (2002).
198. Bradley Snyder, "LDS Leaders Defend Stand on Main Plaza," Desert News, November 17, 2002.
199. First Unitarian Church of Salt Lake City v. Salt Lake City Corporation (2002).
200. American Civil Liberties Union, Appellants' Reply Brief; www.acluutah.org/msreply.htm.
201. American Civil Liberties Union, Complaint filed by plaintiffs in the United States District Court of Utah, Central Division; www.acluutah.org/mscomplaint.htm.
202. For an excellent discussion of the tradition of judicial deference to religious authority, Nancy Rosenblum, Membership and Morals: The Personal Uses of Pluralism in America (Princeton, NJ: Princeton University Press, 1998), 73-111.
203. The Supreme Court held, "whenever the question of discipline, or of faith, or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final." Kedroff v. Saint Nicholas Cathedral 344 U.S. 94 (1952), at 195.
204. Serbian Eastern Orthodox Diocese of America and Canada v. Milivojevich 426 U.S. 696 (1976).
205. For a more complete discussion of these issues, Rosenblum, Membership and Morals, 73-111.
206. Carol Weisbrod, The Boundaries of Utopia (New York: Pantheon, 1980).
207. Dolores Hayden, Seven American Utopias: The Architecture of Communitarian Socialism, 1790-1975 (Cambridge, MA: MIT Press, 1976), 199.
208. Hayden, Seven American Utopias, 111.
209. In 1845 the population of Nauvoo, Illinois, was estimated to be between twelve and twenty thousand. Hayden, Seven American Utopias, 113.
210. Weisbrod, The Boundaries of Utopia, 24.
211. J.H.Beadle, Life in Utah; Or the Mysteries and Crimes of Mormonism. Being an Expose of the Secret Rites and Ceremonies of the Latter-Day Saints, with a Full and Authentic History of Polygamy and the Mormon Sect from its Origin to the Present Time (Philadelphia and Chicago: National Publishing, 1870), 212-213.
212. Mormon Church v. United States 136 U.S. 1 (1889).
213. Weisbrod, The Boundaries of Utopia, 42.
214. Congressional Record 43 (1874), 3054-3058
215. Mark Rosen, "The Outer Limits of Community Self-Governance in Residential Associations, Municipalities, and Indian Country: A Liberal Theory" Virginia Law Review 84 (September 1998), 1055.
216. Robert Owen inspired about fifteen communities and Charles Fourier's work provided the model for about thirty Phalanxes. Dolores Hayden, The Grand Domestic Revolution (Cambridge, MA: MIT Press, 1982), 35.
217. The most important Supreme Court case in which this argument was made is Wisconsin v. Yoder (406 U.S. 205 [1972]).
218. Sixty-nine percent of Utah's residents are Mormons; http://www.saltlakechamber.org/.
219. Hayden, Seven American Utopias, 225-243.
220. Avery v. Midland County 390 U.S. 474 (1968). This case applied the principle of oneperson, one-vote to elections for County Commission.
221. Weisbrod, The Boundaries of Utopia, 99.
222. E.O.Randalls, "The Separatist Society of Zoar: An Experiment in Communism-From Its Commencement to Its Conclusion," Ohio History 8 (1899), 1-105.
223. Samuel Tilden, "Considerations in Regard to the Application of the Shakers for Certain Special Privileges," in The Writings and Speeches of Samuel J. Tilden, ed. John Bigelow (New York: Harper & Brothers, 1885), I:95
224. Weisbrod, The Boundaries of Utopia, 44.
225. There are records from nine nineteenth-century court cases dealing with utopian contracts and each one was decided in favor of the defendant society. Weisbrod, The Boundaries of Utopia.
226. Weisbrod, The Boundaries of Utopia, 130.
227. Mark Rosen, "The Outer Limits of Community Self-Governance in Residential Associations, Municipalities, and Indian Country: A Liberal Theory" Virginia Law Review 84 (September 1998).
228. He bases this argument on the freedom of association. "Are There Any Cultural Rights," Political Theory 20 (1992), 105-139
229. "Liberalism and Multiculturalism," Political Theory 26 (1998), 686-699.
230. Will Kymlicka, Multicultural Citizenship: A Liberal Theory of Minority Rights (Oxford: Clarendon, 1995), 27-30.
231. Board of Edu-cation of Kiryas Joel Village School District v. Grumet 512 U.S. 687 (1994).
232. "Autonomy and Perfectionism in Raz's Morality of Freedom" Southern California Law Review 62, no. 4 (1989), 1102.
233. Rawls, Political Liberalism, 62
234. Rosen, "The Outer Limits of Community Self-Governance." 39.
235. Rawls, Political Liberalism, 196-197.
236. Rosen, "The Outer Limits of Community Self-Governance," 1098-1106.
237. Ayelet Shachar, Multicultural Jurisdictions: Cultural Differences and Women's Rights (Cambridge: Cambridge University Press, 2001).
238. Shachar, Multicultural Jurisdictions, 41.
239. "New York Civil Liberties Union v. State of New York," New York Law Journal, July 11,2002,24.
240. Yoder v. Wisconsin 406 U.S. 205 (1972).
241. See, for example, Joseph Raz, The Morality of Freedom (Oxford: Clarendon, 1986)
242. Ethics in the Public Domain (Oxford: Clarendon, 1994).
243. Kymlicka, Multicultural Citizenship, 82-93.
244. Rawls, Political Liberalism, 30.
245. Monique Deveaux, Cultural Pluralism and Dilemmas of justice (Ithaca, NY: Cornell University Press, 2000), 91-92.
246. Rawls, Political Liberalism, 15.
247. Rosen, "The Outer Limits of Community Self-Governance," 1086.
248. Jonathan Weiss and Randy Lowell, "Supersizing Religion: Megachurches, Sprawl, and Smart Growth," Saint Louis University Public Law Review 21 (2002), 313-329.
249. Patricia Leigh Brown, "Megachurches as Minitowns," New York Times, May 9, 2002, F1.
250. Brown, "Megachurches as Minitowns."
251. Setha Low, Behind the Gates; Life, Security, and the Pursuit of Happiness in Fortress America (New York: Routledge, 2003), 15.
252. The most recent figures come from the Community Associations Institute website: http://www.caionline.org/.
253. Nancy Rosenblum, Membership and Morals: The Personal Uses of Pluralism in America (Princeton, NJ: Princeton University Press, 1998), 112.
254. Clifford J.Treese, 1999 Community Associations Factbook (Alexandria, VA: Community Associations Institute, 1999).
255. Wayne S.Hyatt, "Common Interest Communities: Evolution and Reinvention," John Marshall Law Review (Winter 1998), 305-394.
256. Evan McKenzie, Privatopia (New Haven, CT: Yale University Press, 1994), 122-149.
257. The most thorough and nuanced treatment of RCAs in political theory is found Nancy Rosenblum's Membership and Morals, 112-157.
258. According to one study only eleven percent of members participated in association governance. Cited in Rosenblum, Membership and Morals, 135.
259. David Kennedy, "Residential Associations as State Actors: Regulating the Impact of Gated Communities on Non Members," Yale Law Journal 105 (December 1995), 761-793.
260. According to the National Survey of Community Association Homeowner Satisfaction (Alexandria, VA: Community Associations Research Foundation, 1999).
261. Steven Siegal, "The Constitution and Private Government: Toward the Recognition of Constitutional Rights in Private Residential Communities Fifty Years After Marsh v. Alabama," William and Mary Bill of Rights Journal 6 (Spring 1998), 526.
262. Over seventy-five percent of community associations with at least 150 units have swimming pools. The figure is slightly lower for smaller developments. Treese, 1999 Community Associations Factbook.
263. Robert Putnam, Bowling Alone: The Collapse and Revival of Community (New York: Simon and Schuster, 2000), 22-23.
264. Michael Walzer, "Michael Sandel's America," 1997
265. Mark E.Warren, Democracy and Association (Princeton, NJ: Princeton University Press, 2001), 22.
266. Warren, Democracy and Association.
267. This claim is made on the Community Associations Institute website (www.caionline.org/about/index.cfm).
268. Robert Nelson, "The Privatization of Local Government: From Zoning to RCAs," in Residential Community Associations: Private Governments in the Intergovernmental System? (Washington, DC: Advisory Commission on Intergovernmental Relations, May 1989)
269. Robert Jay Dilger, Neighborhood Politics: Residential Community Associations in American Governance (New York: New York University Press, 1992).
270. Jefferson outlined the concept of wards in his "Letter to John Cartwright," June 5, 1824. http://lachlan.bluehaze.au.com/lit/jeff20.htm.
271. "Letter to John Cartwright," June 5, 1824.
272. "Letter to Samuel Kercheval," July 12, 1816. http://lachlan.bluehaze.au.com/lit/jeffl4.htm.
273. These figures come from the CAI website: www.caionline.org/about/facts99.cfm.
274. Hannah Arendt, On Revolution (New York: Penguin, 1990), 253.
275. Arendt, On Revolution, 253.
276. Mark E.Warren reaches a similar conclusion in Democracy and Association (Princeton, NJ: Princeton University Press, 2001).
277. The most influential work in this vein is Robert Putnam's Making Democracy Work: Civic Traditions in Modern Italy (Princeton, NJ: Princeton University Press, 1993).
278. Alexis de Tocqueville, Democracy in America, Vol.II, CD Rom, 213.
279. Tocqueville, Democracy in America, Vol.II, 214.
280. Tocqueville, Democracy in America, Vol II., 214.
281. McKenzie, Privatopia.
282. See, for example, Andrew Ross, The Celebration Chronicles: Life, Liberty and the Pursuit of Property Values in Disney's New Town (New York: Ballantine, 1999).
283. One survey of residents of gated communities found that the majority did not find their development friendly and did not feel a sense of community. Georgeanna Wilson-Doenges, "An exploration of sense of community and fear of crime in gated communities," Environment and Behavior 32, no. 5 (2000), 597-611.
284. Edward J.Blakely and Mary Gail Snyder, Gated Communities in the United States (Washington DC: Brookings Institution, 1999), 35, 131-133.
285. Setha Low reaches a similar conclusion in Behind the Gates.
286. Richard Sennett, The Uses of Disorder: Personal Identity and City Life (New York: Norton, 1970).
287. According to the National Survey of Community Association Homeowner Satisfaction (1999), twenty-three percent of RCA residents earn over $100,000 compared to nine percent of nonresidents. (64)
288. Aida Hozic, Hollyworld: Space, Power, and Fantasy in the American Economy (Ithaca, NY: Cornell University Press, 2001), 30.
289. Benedict Anderson, Imagined Communities (London: Verso, 1991), 6-7.
290. Sennett, The Uses of Disorder, 33.
291. Sennett, The Uses of Disorder, 34.
292. Keally McBride, "Consuming Community," Socialist Review 3-4 (2001).
293. Michael Sorkin, "Acting Urban," Some Assembly Required (Minneapolis: University of Minnesota Press, 2001), 64-69.
294. For example, see Tyler Brule, "Once Upon a Time in America," The Independent, December 3, 1995, 4
295. Catherine Fox, "Disney Town, U.S.A: Going Back to the Future," The Atlanta Constitution, October 20, 1996.
296. Keally McBride, "Consuming Community."
297. Congress for the New Urbanism, Charter of the New Urbanism (New York: McGraw-Hill, 1999).
298. Michael Sorkin uses this phrase to describe Disneyland in "See You in Disneyland," Variations on a Theme Park: The New American City and the End of Public Space (New York: Hill and Wang, 1992), 208.
299. Housing prices for the Town of Tioga are current as of March 2003 and come from Tioga Realty. Median home prices for Gainesville come from the article "Florida Median Home Price Increases 8 Percent," Naples Daily News, May 5, 2002.
300. The figures are provided by the official Celebration website: http://www.celebrationfl.com/ (March 2003).
301. The comparative figures for Orlando were published in the article "Florida Home Sales, Median Price Rise in September," Naples Daily News, November 3, 2002.
302. "Letter to John Cartwright," June 5, 1824.
303. Frank Askin, "Free Speech, Private Space, and the Constitution," Rutgers Law Journal (Summer 1998).
304. Evan McKenzie, Privatopia (New Haven: Yale University Press, 1994), 159-160.
305. M. Christine Boyer, The City in Collective Memory: Its Historical Imagery and Architectural Entertainments (Cambridge, MA: MIT Press, 1994), 452.
306. David Gordon, Battery Park City: Politics and Planning on the New York Waterfront (New York and Amsterdam: Gordon and Breach, 1997), 33.
307. Martin Gottlieb, "Battery Park Project Reflects Changing City Priorities," New York Times, October 18, 1988, B1.
308. Dennis C.Muniak, "Housing New York: The Creation and Development of the Battery Park City Authority" in Public Authorities and Public Policy: The Business of Gov-ernment, ed. Jerry Mitchell (New York: Praeger, 1992).
309. David Gordon, Battery Park City.
310. Battery Park City Authority, Battery Park City: Twenty-Five Years. n.d.
311. For a brief description of the 1969 Master Plan (with drawings) http://www.batteryparkcity.org/master_plan03.htm.
312. A.L.Huxtable, "Plan's Total Concept is Hailed," New York Times, April 17, 1969.
313. Gordon, Battery Park City, 51.
314. Gordon, Battery Park City, 52, 105.
315. Alexander Cooper Associates, Battery Park City Draft Summary Report and 1979 Master Plan (New York: Battery Park City Authority, 1979), 6.
316. Bernard J.Frieden and Lynne B.Sagalyn, Downtown, Inc., How America Rebuilds Cities (Cambridge, MA: MIT Press, 1989).
317. Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed (New Haven, CT: Yale University Press, 1998).
318. For an excellent discussion of the social consequences of modernist city planning James Holston, The Modernist City: An Anthropological Critique of Brasilia (Chicago: University of Chicago Press, 1989).
319. The classic argument outlining the benefits of traditional mixed-use neighborhoods is found in Jane Jacob's The Death and Life of American Cities (New York: Random House, 1961).
320. For information on the design of the Gateway Plaza, http://www.lefrak.com/gateway.html.
321. Oscar Newman, Defensible Space: Crime Prevention Through Urban Design (New York: Collier, 1973).
322. Gordon, Battery Park City, 74.
323. Francis P.Russell, "Battery Park City: An American Dream of Urbanism" in Design Review: Challenging Urban Aesthetic Control, eds. Brenda Case Scheer and Wolfgang Preiser (New York: Chapman and Hall, 1994).
324. Herbert Muschamp, "For Now Restricted Access: But What of the Future?" New York Times, October 7, 2001, sec. 2, 5.
325. J.M.Dixon, "The First 40 Years," Progressive Architecture (January 1993), 95-103.
326. "Waterfront Redevelopment as Urban Revitalization Tool: Boston's Waterfront Redevelopment Plan," The Harvard Environmental Law Review 23 (1999), 47.
327. Paul Goldberg wrote, "Robert F.Wagner Park in Lower Manhattan is one of the finest public spaces the city has seen in at least a generation."
328. "A Small Park Proves That Size Isn't Everything," New York Times, November 24, 1996, sec. 2, 46
329. Architectural Digest (November 1990), 143.
330. Douglas Martin, "New Backyard in Lower Manhattan: Model Parks Along Hudson Prove Popular," New York Times, August 21, 1998, B1.
331. Abby Bussel, "Simulated City," Progressive Architecture (May 1994), 64-69.
332. Russell, "Battery Park City," 198-203.
333. Michael Sorkin, ed., Variations on a Theme Park: The New American City and the End of Public Space (New York: Hill and Wang, 1992)
334. Karal Ann Marling, ed., Designing Disney's Theme Parks: Architecture of Reassurance (Montreal and Paris: Flammarion, 1997).
335. Russell, "Battery Park City" 198-203.
336. Christian Norberg-Schulz, Architecture: Meaning and Place: Selected Essays (New York: Rizzoli, 1988).
337. M.Christine Boyer, "Cities for Sale: Merchandising History at South Street Seaport," in ed. Michael Sorkin, Variations on a Theme Park.
338. In an otherwise well-researched book, David Gordon tries to refute charges of elitism by insisting that "the streets and parks are owned by the City, maintained by a public authority and policed by City park rangers" (Battery Park City, 113).
339. David Dunlap, "Filling in the Blanks at Battery Park City," New York Times, February 7, 1999, sec. 11, 1.
340. Rosalind H.Williams, Mass Consumption in Late Nineteenth-Century France (Berkeley: University of California Press, 1991), 67-69.
341. Margaret Crawford, "The World in a Shopping Mall," in ed. Michael Sorkin, Variations on a Theme Park, 3-30.
342. Chuihua Judy Chung, Jeffrey Inaba, Rem Koolhaas, and Sze Tsung Leong, Harvard Design School Guide to Shopping (Cologne: Taschen, 2001).
343. The catalogue description calls it a "contemporary reimagining of an Egyptian temple." http://www.batteryparkcity.org/smyth.htm.
344. Antonio Pietro Latini, Battery Park City, New York: Principi e tecniche di Urban Design attraverso la storia di un modello (Roma: Officina Edizioni, 2001), 276-298.
345. Gordon, Battery Park City, 91.
346. Eric Lipton, "Missing Element: Battery Park City Is Success Except Pledge to the Poor," New York Times, January 2, 2001, A1.
347. Quoted in Lipton, "Missing Element."
348. Quoted in Lipton, "Missing Element." New York City spent $940 million on housing in 1991 and $535 million in 2000.
349. Douglas Martin, "New Backyard in Lower Manhattan: Model Parks Along Hudson Prove Popular (and Populous), New York Times, August 21, 1998, B1.
350. Gordon, Battery Park City.
351. David Dunlap, "Filling in the Blanks at Battery Park City," New York Times, February 7, 1999, sec. 11, 1.
352. Jonathan Kozol, Amazing Grace: The Lives of Children and the Conscience of a Nation (New York: Harper Perennial, 1996), 233-235.
353. The quotations come from the article "St. Mary's Park," New York Daily News, July 18 and 19, 1994.
354. Mildred F.Schmertz, "Whatever Happened to Title VII," Architectural Record (December 1973), 96.
355. Richard Eric Boyers, Cities Within a City: A Comparative Study of Roosevelt Island and Battery Park City, New York, MA Thesis, Cornell University (1995), 41.
356. Boyers, Cities Within a City 42.
357. Aida Hozic, "Zoning or How to Govern (Cultural) Violence," Cultural Values 6:1 (2002), 183-195.
358. Kozol, Amazing Grace, 109.
359. Dunlap, "Filling in the Blanks at Battery Park City."
360. See, generally, Galen Cranz, The Politics of Park Design: A History of Urban Parks in America (Cambridge, MA: MIT Press, 1982)
361. Roy Rosenzweig and Elizabeth Blackmar, The Park and the People: A History of Central Park (Ithaca, NY: Cornell University Press, 1992).
362. Thomas Bender, Toward an Urban Vision: Ideas and Institutions in Nineteenth-Century America (Lexington: University Press of Kentucky, 1975), 169-181
363. Geoffrey Blodgett, "Frederick Law Olmsted: Landscape Architecture as Conservative Reform," Journal of American History 62 (1976), 876-879.
364. David Bollier, Silent Theft: The Private Plunder of Our Common Wealth (New York and London: Routledge, 2002), 3.
365. Bollier, Silent Theft, 4.
366. Hozic, "Zoning or How to Govern (Cultural) Violence."
367. Richard Schragger, "The Limits of Localism," Michigan Law Review 100 (2001), 374.
368. Richard Briffault, "Surveying Law and Borders: The Local Government Boundary Problem in Metropolitan Areas," Stanford Law Review 48 (1996), 1115-1171.
369. Richard Briffault, "The Rise of Sublocal Structures in Urban Governance," Minnesota Law Review 82 (December 1997), 503-534.
370. These are three of the four criticisms outlined in Briffault, "The Rise of Sublocal Structures in Urban Governance."
371. For a detailed description of this process in Los Angeles County, Mike Davis, "Homegrown Revolution," City of Quartz: Excavating the Future in Los Angeles (New York: Vintage, 1992).
372. Charles Tiebout, "A Pure Theory of Local Expenditures," Journal of Political Economy 64 (1956), 416-434.
373. For an interesting critique of this position, Gerald Frug, City Making: Building Communities Without Walls (Princeton, NJ: Princeton University Press, 1999).
374. For example, Truman F.Bewley, "A Critique of Tiebout's 'Theory of Local Public Expenditures'," Econometrica 49, no. 3 (1981), 713-740.
375. For a survey of the extensive empirical literature on this topic, Keith Dowding and Peter John, "Tiebout: A Survey of the Empirical Literature," Urban Studies 31, no. 4/5 (1994), 767-798.
376. Clayton Gillette, "Opting Out of Public Provision," Denver University Law Review 73 (1996), 1185-1219.
377. Bruce Hamilton, "Zoning and Property Taxation in a System of Local Governments," Urban Studies 12 (1975), 205-218.
378. Frug, City Making, 168-170.
379. Mike Davis, Magical Urbanism (London and New York: Verso, 2000), 63.
380. Robert Caro, The Power Broker: Robert Moses and the Fall of New York (New York: Knopf, 1974), 318-319.
381. Marshall Berman, All That Is Solid Melts Into Air (New York: Penguin, 1988).
382. Norimitsu Onishi, "Public Beach, Unspoiled by the Public," New York Times, August 24, 1996, 25 (about parking restrictions in Queens, New York)
383. See, generally, Marc R. Poirier, "Environmental Justice and the Beach Access Movement of the 1970s in Connecticut and New Jersey: Stories of Property and Civil Rights," Connecticut Law Review 28 (1996), 719-811.
384. "Civic Space," Sprawl and Public Space: Redressing the Mall (Cambridge, MA: MIT Press, 2002), 104.
385. Jane Fritch, "Hanging Out with the Mall," New York Times, November 25, 1997.
386. Regina Austin, "Not Just For the Fun of It!: Governmental Restraints on Black Leisure, Social Inequality, and the Privatization of Public Space," Southern California Law Review (May 1998), 667-714.
387. See the chapter on "Fortress L.A." in Mike Davis, City of Quartz.
388. John Lantigua, "Morningside Votes to Put Up Guard Booths," Miami Herald, July 3, 1997, B1.
389. Peter Whoriskey, "Urban Barricades. What Do You Think? Gated Communities are Changing City Landscape," Miami Her-ald, August 17, 1997, L1.
390. Mike Davis, City of Quartz (New York: Vintage 1992), 232-233.
391. Jeremy Waldron, "Homelessness and the Issue of Freedom," UCLA Law Review (December 1991), 296.
392. Waldron, "Homelessness and the Issue of Freedom," 299.
393. Other examples of the position include Robert Teir, "Maintaining Safety and Civility in Public Spaces: A Constitutional Approach to Aggressive Begging," Louisiana Law Review 54 (1993), 285-338
394. Williams L.Mitchell, "'Secondary Effects' Analysis: A Balanced Approach to the Problem of Prohibitions on Aggressive Panhandling," University of Baltimore Law Review 24 (1995).
395. Robert Ellickson, "Controlling Chronic Misconduct in City Spaces: Of Panhandlers, Skid Rows, and Public-Space Zoning," Yale Law Journal 105 (March 1996), 1172.
396. Peter Rossi, Down and Out in America: The Origins of Homelessness (Chicago: University of Chicago Press, 1989).
397. Ellickson, "Controlling Chronic Misconduct in City Spaces," 1172.
398. Ellickson, "Controlling Chronic Misconduct in City Spaces," 1120.
399. Mike Davis, City of Quartz, 232.
400. Samuel R.Delany, Times Square Red, Times Square Blue (New York: New York University Press, 1999).
401. Davis, City of Quartz, 232-233.
402. Jonathan Kozol, Amazing Grace: The Lives of Children and the Conscience of a Nation (New York: Harper Perennial, 1995), 52.
403. Jonathan Kozol, Rachel and Her Children: Homeless Families in America (New York: Crown, 1988).
404. Jeremy Waldron, "Homelessness and Community," University of Toronto Law Journal 50 (2000).
405. Waldron, "Homelessness and Community," 381.
406. Jeremy Waldron, "Mill and the Value of Moral Distress," Political Studies 35, (1987), 410-423.
407. David Snow and Leon Anderson, Down on Their Luck: A Study of Homeless Streetpeople (Berkeley: University of California Press, 1993).
408. David M.Smith, "A Theoretical and Legal Challenge to Homeless Criminalization as Public Policy," Yale Law and Policy Review 12 (1994), 487-517.
409. Wes Daniels, "'Derelicts,' Recurring Misfortune, Economic Hard Times and Lifestyle Choices: Judicial Images of Homeless Litigants and Implications for Legal Advocates," Buffalo Law Review 45 (1997), 720.
410. Waldron, "Homelessness and the Issue of Freedom," 296.
411. Waldron, "Homelessness and the Issue of Freedom."
412. New York City filed suit against the Fifth Avenue Presbyterian Church, trying to prevent the church from allowing homeless people to sleep on the steps ("Ruling Favors Churches Camp," New York Times, June 14, 2002).
413. Waldron, "Homelessness and the Issue of Freedom," 301.
414. Waldron, "Homelessness and the Issue of Freedom," 306.
415. Gerald Frug, Citymaking: Building Communities Without Building Walls (Princeton, NJ: Princeton University Press, 1999), 146.
416. Bernard Frieden and Lynne Sagalyn, Downtown Inc.: How America Rebuilds Cities (Cambridge, MA: MIT Press, 1989).
417. The original distinction between positive and negative freedom comes from Isaiah Berlin, Four Essays on Liberty (Oxford: Oxford University Press, 1969).
418. Waldron, "Homelessness and the Issue of Freedom," 312.
419. Leonard Feldman, Citizens without Shelter: Homelessness, Democracy, and Political Exclusion (Ithaca, NY: Cornell University Press, 2004).
420. Feldman, Homeless Politics.
421. Northrop Frye, Anatomy of Criticism: Four Essays (Princeton, NJ: Princeton University Press, 1957).
422. T-Bone Slim, Little Red Songbook, 1920.
423. Thomas Dumm, United States (Ithaca, NY: Cornell University Press, 1994), 169.
424. Kozol, Amazing Grace, 223.
425. "Basic Facts." http://www.coalitionforthehomeless. org/.
426. Press release from the National Law Center on Homelessness and Poverty. http://www.nlchp.org/.
427. Robert Dahl, Democracy and Its Critics (New Haven, CT: Yale University Press, 1989).
428. This phrase comes from Hannah Arendt, "Understanding and Politics," Partisan Review 20 (1953), 392.
429. Robinson v. California 370 U.S. 660 (1972).
430. Helen Hershkoff and Adam S.Cohen, "Begging to Differ: The First Amendment and the Right to Beg," Harvard Law Review 104 (1991), 896-942.
431. Robert Teir, "Maintaining Safety and Civility in Public Spaces: A Constitutional Approach to Aggressive Begging," Louisiana Law Review 54 (1993), 285-338
432. Williams L.Mitchell, "'Secondary Effects' Analysis: A Balanced Approach to the Problem of Prohibitions on Aggressive Panhandling," University of Baltimore Law Review 24 (1995).
433. Peter A.Barta, "Giuliani, Broken Windows, and the Right to Beg," Georgetown Journal on Law and Policy 6 (Summer 1999), 165-190.
434. Charles Baudelaire, "The Eyes of the Poor," Paris Spleen (http://www.scils.rutgers.edu/~favretto/eyesofthepoor.html)
435. Marshall Berman, All That Is Solid Melts Into Air (New York: Penguin, 1988).
436. Robert Putnam, Making Democracy Work: Civic Traditions in Modern Italy (Princeton, NJ: Princeton University Press, 1993).
437. See, for example, Setha Low, Behind the Gates: Life, Security, and the Pursuit of Happi-ness in Fortress America (New York: Routledge, 2003)
438. Andrew Ross, The Celebration Chronicles: Life, Liberty, and the Pursuit of Property Value in Disney's New Town (New York: Ballantine, 1999).
439. Ferdinand Tonnies, Community and Society, trans. Charles Loomis (New York: Harper and Row, 1957).
440. Gerald Suttles, The Social Construction of Communities (Chicago: University of Chicago Press, 1972).
441. William E.Connolly, "Democracy and Territoriality," Millennium: Journal of International Studies 20, no. 3 (1991), 464.
442. Keally McBride, Social Imagineering: Producing and Consuming Ideals of Community, unpublished manuscript.
443. This argument is made by Guy DeBord, The Society of the Spectacle, trans. Donald Nicholson-Smith (New York: Zone, 1994).
444. Howard Schultz, Pour Your Heart Into It: How Starbucks Built a Company One Cup at a Time (New York: Hyperion, 1997).
445. David Shields, "The Capitalist Communitarian," New York Times, March 24, 2002, section 6, page 28.
446. This term comes from Hannah Arendt's On Revolution (New York: Penguin Books, 1990).
447. Frug, City Making, 167-168.
448. See for example Robert L.Heilbroner and Lester C.Thurow, Economics Explained (New York: Simon and Schuster, 1987).
449. Fred Foldvary, Public Goods and Private Communities: The Market Provision of Social Services (Brookfield, VT: Edward Elgar, 1994).
450. Foldvary, Public Goods and Private Communities, 13.
451. Most buildings are five-eighths to seven-eighths in size in order to scale things down for children and create a memory-landscape for adults. Robert Stern, Pride of Place (New York: Houghton Mifflin, 1986), 211.
452. According to Bob Sehlinger's The Unofficial Guide to Walt Disney World 2002 (New York: Wiley, 2002).
453. Ronald Dworkin, Sovereign Virtue: The Theory and Practice of Equality (Cambridge, MA: Harvard University Press, 2000), 65-119.
454. G.W.F.Hegel, The Philosophy of Right, trans. H.B.Nisbet (Cambridge, UK: Cambridge University Press, 1991).
455. Paul Boyer, Urban Masses and Moral Order in America, 1820-1920 (Cambridge, MA: Harvard University Press, 1978).
456. See, for example, Frederick Law Olmsted, Civilizing America's Cities: A Selection of Frederick Law Olmsted's Writings on City Landscapes, ed. S.B.Sutton (Cambridge, MA: MIT Press, 1971).
457. Jane Addams, Twenty Years at Hull House (Urbana and Chicago: University of Illinois Press, 1990).
458. Adam Smith, The Theory of Moral Sentiments (1759), Part I, Section I, Chapter IV.
459. Hannah Arendt, The Human Condition (Chicago: University of Chicago Press, 1958), 50.
460. See, for example, Charles Taylor, Multiculturalism and the Politics of Recognition (Princeton, NJ: Princeton University Press, 1992)
461. Axel Honneth, The Struggle for Recognition: The Moral Grammar of Social Conflicts, trans. Joel Anderson (Cambridge, MA: MIT Press, 1996).
462. Nancy Fraser, Justice Interruptus: Critical Reflections on the 'Postsocialist' Condition (New York: Routledge, 1997), 6.
463. Arendt, The Human Condition, 52.
464. Arendt, The Human Condition, 57
465. Dana Villa, "Postmodernism and the Public Sphere," American Political Science Review 86, vol.3 (1992), 712-721
466. Bickford, "Constructing Inequality," 257.
467. Richard Sennett, The Uses of Disorder (New York: Knopf, 1970).
468. Hannah Arendt, "Understanding and Politics," Partisan Review 20 (1953), 391.
469. Ray Oldenburg, The Great Good Place: Cafés, Coffee Shops, Community Centers, Beauty Parlors, General Stores, Bars, Hangouts and How They Get You Through the Day (New York: Paragon House, 1989).
470. For a good overview of both the utopian and dystopian positions on the Web, David Bell, An Introduction to Cybercultures (New York: Routledge, 2001).
471. One particularly influential early work in the genre was Howard Rheingold, The Virtual Community: Homesteading on the Electronic Frontier (New York: Harper Perennial, 1994).
472. Andrew L.Shapiro, The Control Revolution: How the Internet is Putting Individuals in Charge and Changing the World We Know (New York: Public Affairs, 1999).
473. Martha McCaughy and Michael D.Ayers, Cyberactivism: Online Activism in Theory and Practice (New York: Routledge, 2003)
474. Mark Poster "Cyberdemocracy: Internet and the Public Sphere," in Internet Culture, ed. D.Porter (London: Routledge, 1997), 201-217.
475. For some other examples of net campaigns against corporate power, Naomi Klein, No Logo (New York: Picador, 2000), 393-396.
476. Manuel Castells, The Power of Identity (Cambridge, MA: Blackwell, 1997)
477. D.Ronfeldt and A. Martinez, "A Comment on the Zapatista 'Netwar'," in Athena's Camp: Preparing for Conflict in the Information Age, eds. J.Arquilla and D.Ronfeldt (Washington, DC: Rand Corporation, 1997), 369-391.
478. Shapiro, The Control Revolution, 128.
479. Adam Smith, The Theory of Moral Sentiments (New York: Cambridge University Press, 2002).
480. Cass Sunstein, Republic.com (Princeton, NJ: Princeton University Press, 2001).
481. Beth Simone Noveck, "Designing Deliberative Democracy in Cyberspace: The Role of the Cyber-Lawyer," Boston University Journal of Science and Technology 9 (Winter 2003), 25.
482. James Boyle, "The Second Enclosure Movement and the Construction of the Public Domain," Law and Contemporary Problems 66 (Winter/Spring 2003)
483. Shapiro, The Control Revolution, 205.
484. Shapiro, The Control Revolution, 205.
485. Shapiro gives the Blacksburg Electronic Village, a local e-gateway with a participation rate of 60%, as an example. Shapiro, The Control Revolution, 210, 214.
486. The literature on the Internet as a site of community has focused on MUDs. See, for example, L.Cherny, Conversation and Community: Discourse in a Social MUD (New York: Cambridge University Press, 1999).
487. Noveck, "Designing Deliberative Democracy in Cyberspace," 27.
488. Shapiro, Control Revolution, 204.
489. Paul Brandus, "Hot Water: Starbucks Sues a Citizen. How a San Francisco Cartoonist Ticked off the Seattle Java Giant," salon.com, June 1, 2000.
490. According to Dwyer's Website, Dwyer claims that he is not allowed to disclose the terms of his settlement with Starbucks, but that it requires that he remove the logo. http://members.tripod.com/`LowestComicD/GREED.htm
491. Naomi Klein, No Logo, 281.
492. Klein, No Logo, 285-286.
493. Lawrence Lessig, The Future of Ideas (New York: Random House, 2001), 61-68.
494. Lessig, The Future of Ideas.
495. Lessig, The Future of Ideas, 23-25.
496. He credits Yochai Benkler with the schema. "From Consumers to Users: Shifting the Deeper Structures of Regulation," Federal Communications Law Journal 52 (2000), 561-563.
497. Lessig, The Future of Ideas, 20.
498. Lessig, The Future of Ideas, 156-158.
499. James E.Katz and Ronald E.Rice, Social Consequences of Internet Use: Access, Involvement, and Interaction (Cambridge, MA: MIT Press, 2002).
500. Katz and Rice, Social Consequences, 35-65.
501. On the digital divide, Lisa J.Servon, Bridging the Digital Divide: Technology, Community, Public Policy (Malden, MA: Blackwell, 2002)
502. Benjamin Compaine, The Digital Divide: Facing a Crisis or Creating a Myth (Cambridge, MA: MIT Press, 2001).
503. Katz and Rice, Social Consequences, 75.
504. Sonia Liff, Fred Steward, and Peter Watts, "New Public Places for Internet Access: Networks for Practice-Based Learning and Social Inclusion," in The Virtual Society: Technology, Cyberspace, Reality, ed. Steve Woolgar (Oxford: Oxford University Press, 2002).
505. Liff, Steward, and Watts, "New Public Places," 97.
506. Carol M.Rose, "The Public Domain: Romans, Roads, and Romantic Creators: Traditions of Public Property in the Information Age," Law and Contemporary Problems 66 (Winter/Spring 2003), 89-100.