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American Property

American Property PDF Author: Stuart Banner
Publisher: Harvard University Press
ISBN: 0674060822
Category : Law
Languages : en
Pages : 375

Book Description
In America, we are eager to claim ownership: our homes, our ideas, our organs, even our own celebrity. But beneath our nation’s proprietary longing looms a troublesome question: what does it mean to own something? More simply: what is property? The question is at the heart of many contemporary controversies, including disputes over who owns everything from genetic material to indigenous culture to music and film on the Internet. To decide if and when genes or culture or digits are a kind of property that can be possessed, we must grapple with the nature of property itself. How does it originate? What purposes does it serve? Is it a natural right or one created by law? Accessible and mercifully free of legal jargon, American Property reveals the perpetual challenge of answering these questions, as new forms of property have emerged in response to technological and cultural change, and as ideas about the appropriate scope of government regulation have shifted. This first comprehensive history of property in the United States is a masterly guided tour through a contested human institution that touches all aspects of our lives and desires. Stuart Banner shows that property exists to serve a broad set of purposes, constantly in flux, that render the idea of property itself inconstant. Despite our ideals of ownership, property has always been a means toward other ends. What property signifies and what property is, we come to see, has consistently changed to match the world we want to acquire.

American Property

American Property PDF Author: Stuart Banner
Publisher: Harvard University Press
ISBN: 0674060822
Category : Law
Languages : en
Pages : 375

Book Description
In America, we are eager to claim ownership: our homes, our ideas, our organs, even our own celebrity. But beneath our nation’s proprietary longing looms a troublesome question: what does it mean to own something? More simply: what is property? The question is at the heart of many contemporary controversies, including disputes over who owns everything from genetic material to indigenous culture to music and film on the Internet. To decide if and when genes or culture or digits are a kind of property that can be possessed, we must grapple with the nature of property itself. How does it originate? What purposes does it serve? Is it a natural right or one created by law? Accessible and mercifully free of legal jargon, American Property reveals the perpetual challenge of answering these questions, as new forms of property have emerged in response to technological and cultural change, and as ideas about the appropriate scope of government regulation have shifted. This first comprehensive history of property in the United States is a masterly guided tour through a contested human institution that touches all aspects of our lives and desires. Stuart Banner shows that property exists to serve a broad set of purposes, constantly in flux, that render the idea of property itself inconstant. Despite our ideals of ownership, property has always been a means toward other ends. What property signifies and what property is, we come to see, has consistently changed to match the world we want to acquire.

The Claims of Kinfolk

The Claims of Kinfolk PDF Author: Dylan C. Penningroth
Publisher: UNC Press Books
ISBN: 0807862134
Category : Social Science
Languages : en
Pages : 321

Book Description
In The Claims of Kinfolk, Dylan Penningroth uncovers an extensive informal economy of property ownership among slaves and sheds new light on African American family and community life from the heyday of plantation slavery to the "freedom generation" of the 1870s. By focusing on relationships among blacks, as well as on the more familiar struggles between the races, Penningroth exposes a dynamic process of community and family definition. He also includes a comparative analysis of slavery and slave property ownership along the Gold Coast in West Africa, revealing significant differences between the African and American contexts. Property ownership was widespread among slaves across the antebellum South, as slaves seized the small opportunities for ownership permitted by their masters. While there was no legal framework to protect or even recognize slaves' property rights, an informal system of acknowledgment recognized by both blacks and whites enabled slaves to mark the boundaries of possession. In turn, property ownership--and the negotiations it entailed--influenced and shaped kinship and community ties. Enriching common notions of slave life, Penningroth reveals how property ownership engendered conflict as well as solidarity within black families and communities. Moreover, he demonstrates that property had less to do with individual legal rights than with constantly negotiated, extralegal social ties.

Cases and Materials on American Property Law

Cases and Materials on American Property Law PDF Author: Sheldon F. Kurtz
Publisher: West Academic Publishing
ISBN: 9781634601702
Category : Property
Languages : en
Pages : 0

Book Description
As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, and outline starter and digital access to leading study aids in that subject and the Gilbert Law Dictionary. This casebook continues its traditional approach to the teaching of property law. The new edition features new cases inserted into almost every chapter of the book, with appropriately updated notes and comments. The opening chapter includes a section of cases designed to hone a student's skill in close case analysis. In its entirety, the book introduces students to a broad spectrum of material traditionally covered in a first-year property course. A voluminous teacher's manual accompanies the book, with briefs of every principal case and extensive notes designed to aid the teacher in advancing classroom discussion on nearly every note in the casebook. For the first time, the teacher's manual includes additional problems and other materials designed to develop professional skills.

Private Property and the Limits of American Constitutionalism

Private Property and the Limits of American Constitutionalism PDF Author: Jennifer Nedelsky
Publisher: University of Chicago Press
ISBN: 0226569713
Category : Law
Languages : en
Pages : 358

Book Description
Federalists vision of the Constitution; an interdisciplinary investigation.

Owning Ideas

Owning Ideas PDF Author: Oren Bracha
Publisher: Cambridge University Press
ISBN: 0521877660
Category : History
Languages : en
Pages : 333

Book Description
This book examines the development of the concept of intellectual property in the United States during the nineteenth century.

Translating Property

Translating Property PDF Author: María E. Montoya
Publisher: University Press of Kansas
ISBN: 0700613811
Category : History
Languages : en
Pages : 341

Book Description
When American settlers arrived in the southwestern borderlands, they assumed that the land was unencumbered by property claims. But, as María Montoya shows, the Southwest was no empty quarter simply waiting to be parceled up. Although Anglo farmers claimed absolute rights under the Homestead Act, their claims were contested by Native Americans who had lived on the land for generations, Mexican magnates like Lucien Maxwell who controlled vast parcels under grants from Mexican governors, and foreign companies who thought they had purchased open land. The result was that the Southwest inevitably became a battleground between land regimes with radically different cultural concepts. The struggle over the Maxwell Land Grant, a 1.7-million-acre tract straddling New Mexico and Colorado, demonstrates how contending parties reinterpreted the meaning of property to uphold their claims to the land. Montoya reveals how those claims, with their deep historical and racial roots, have been addressed to the satisfaction of some and the bitter frustration of others. Translating Property describes how European and American investors effectively mistranslated prior property regimes into new rules that worked to their own advantage--and against those who had lived on the land previously. Montoya explores the legal, political, and cultural battles that swept across the Southwest as this land was drawn into world market systems. She shows that these legal issues still have real meaning for thousands of Mexican Americans who continue to fight for land granted to their families before the Treaty of Guadalupe Hidalgo, or for continuing communal access to land now claimed by others. This new edition of Montoya’s book brings the land grant controversy up to date. A year after its original publication, the Colorado Supreme Court tried once more to translate Mexican property ideals into the U.S. system of legal rights; and in 2004 the Government Accounting Office issued the federal government’s most comprehensive effort to sort out the tangled history of land rights, concluding that Congress was under no obligation to compensate heirs of land grants. Montoya recaps these recent developments, further expanding our understanding of the battles over property rights and the persistence of inequality in the Southwest.

They Were Her Property

They Were Her Property PDF Author: Stephanie E. Jones-Rogers
Publisher: Yale University Press
ISBN: 0300245106
Category : History
Languages : en
Pages : 443

Book Description
Winner of the Los Angeles Times Book Prize in History: a bold and searing investigation into the role of white women in the American slave economy “Stunning.”—Rebecca Onion, Slate “Makes a vital contribution to our understanding of our past and present.”—Parul Sehgal, New York Times “Bracingly revisionist. . . . [A] startling corrective.”—Nicholas Guyatt, New York Review of Books Bridging women’s history, the history of the South, and African American history, this book makes a bold argument about the role of white women in American slavery. Historian Stephanie E. Jones-Rogers draws on a variety of sources to show that slave‑owning women were sophisticated economic actors who directly engaged in and benefited from the South’s slave market. Because women typically inherited more slaves than land, enslaved people were often their primary source of wealth. Not only did white women often refuse to cede ownership of their slaves to their husbands, they employed management techniques that were as effective and brutal as those used by slave‑owning men. White women actively participated in the slave market, profited from it, and used it for economic and social empowerment. By examining the economically entangled lives of enslaved people and slave‑owning women, Jones-Rogers presents a narrative that forces us to rethink the economics and social conventions of slaveholding America.

Liberty, Property, and the Foundations of the American Constitution

Liberty, Property, and the Foundations of the American Constitution PDF Author: Ellen Frankel Paul
Publisher: SUNY Press
ISBN: 9780887069147
Category : Political Science
Languages : en
Pages : 210

Book Description
Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.

Property and Dispossession

Property and Dispossession PDF Author: Allan Greer
Publisher: Cambridge University Press
ISBN: 1107160642
Category : History
Languages : en
Pages : 469

Book Description
Offers a new reading of the history of the colonization of North America and the dispossession of its indigenous peoples.

Know Your Price

Know Your Price PDF Author: Andre M. Perry
Publisher: Brookings Institution Press
ISBN: 0815737289
Category : Social Science
Languages : en
Pages : 271

Book Description
The deliberate devaluation of Blacks and their communities has had very real, far-reaching, and negative economic and social effects. An enduring white supremacist myth claims brutal conditions in Black communities are mainly the result of Black people's collective choices and moral failings. “That's just how they are” or “there's really no excuse”: we've all heard those not so subtle digs. But there is nothing wrong with Black people that ending racism can't solve. We haven't known how much the country will gain by properly valuing homes and businesses, family structures, voters, and school districts in Black neighborhoods. And we need to know. Noted educator, journalist, and scholar Andre Perry takes readers on a tour of six Black-majority cities whose assets and strengths are undervalued. Perry begins in his hometown of Wilkinsburg, a small city east of Pittsburgh that, unlike its much larger neighbor, is struggling and failing to attract new jobs and industry. Bringing his own personal story of growing up in Black-majority Wilkinsburg, Perry also spotlights five others where he has deep connections: Detroit, Birmingham, New Orleans, Atlanta, and Washington, D.C. He provides an intimate look at the assets that should be of greater value to residents—and that can be if they demand it. Perry provides a new means of determining the value of Black communities. Rejecting policies shaped by flawed perspectives of the past and present, it gives fresh insights on the historical effects of racism and provides a new value paradigm to limit them in the future. Know Your Price demonstrates the worth of Black people's intrinsic personal strengths, real property, and traditional institutions. These assets are a means of empowerment and, as Perry argues in this provocative and very personal book, are what we need to know and understand to build Black prosperity.