This Article portrays the adoption of zoning laws as a turning point in U.S. legal history where a new meaning was ascribed to the institution of ownership. It explores the historic 1926 decision of Village of Euclid v. Ambler Realty Co., in which an ardently conservative Supreme Court upheld the constitutionality of residential zoning. Unlike existing explanations, which view the revolutionary decision either as a timely embrace of modern regulation or as the product of middle-class interests, this Article perceives it as an outcome of the evolving image of private property.
The Reinvention of Ownership: The Embrace of Residential Zoning and the Modern Populist Reading of Property,
Yale J. on Reg.
Available at: http://digitalcommons.law.yale.edu/yjreg/vol28/iss1/3