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34 Notre Dame J.L. Ethics & Pub. Pol'y 123 (2020)
Punishing Vandalism Correctly in an Access Economy

handle is hein.journals/ndlep34 and id is 131 raw text is: 


                          W.C.  BUNTING,  J.D., PH.D.*


           This Article argues that the social impact of vandalism must be
     factored into the expected criminal punishmentfor this offense. Existing law
     does  so unevenly. Acts of vandalism may have a positive social impact,
     either as street art or as a form ofprotected speech, or a negative social
     impact as costs that preclude the provision ofpublic goods or goods traded
     upon  the basis ofaccess, and not ownership. In general, vandalism cannot
     be prevented by means of observable security measures; rather, vandalism
     must be deterred by means ofhigher expected criminal punishment. A large
     expected  punishment, however,  implicates what this Article terms the
     broken  community  theory ofpunishment.  Although broken community
     effects militate in favor of relatively minimal punishment for vandalism, a
     negative consequence  of this punitive approach is less investment in the
     infrastructure or physical appearance of urban communities. Many urban
     communities  may, in fact, benefit significantly from vandalism laws that
     allow  for greater capital investment by  more  harshly punishing the
     deliberate damage or destruction ofpublic goods or goods traded upon the
     basis ofaccess, as vandalism in thefirst degree.


      The access economy   is a business model under  which  goods and  services
are traded upon the basis of access as opposed  to ownership: under  this model,
assets are  rented temporarily   rather than  sold permanently.'    The   access
economy   represents an increasingly important  business model,  as the world is

     *  The author is an Assistant Professor in the Department of Business Law at the Fox School
of Business and Management at Temple University. Email: william.bunting@temple.edu. This
research did not receive any specific grant from funding agencies in the public, commercial, or not-
for-profit sectors. The author wishes to thank Constance Burni, Katie Cronin, and all the other Notre
Dame Journal of Law, Ethics and Public Policy editors for their invaluable assistance and time-
consuming work in editing this Article. All errors should be attributed to the author alone.
     1. See, e.g., Giana M. Eckhardt& Fleura Bardhi, The Sharing Economy Isn'tAbout Sharing
at All, HARV. Bus. REV., (Jan. 28, 2015), https://hbr.org/2015/01/the-sharing-economy-isnt-about-
sharing-at-all (introducing the term access economy as a correction to the term sharing
economy because important companies in the sharing economy, such as Airbnb, Zipcar, and Uber,
are commercial enterprises whose businesses do not involve sharing of any kind).


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