property outlaws how squatters pirates and protesters improve the law of ownership

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Property Outlaws

Author : Eduardo M. Penalver
ISBN : 9780300161236
Genre : Law
File Size : 64. 39 MB
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Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.

The Idea Of Property

Author : Laura S. Underkuffler
ISBN : 0199254184
Genre : Law
File Size : 34. 94 MB
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Legal scholars and philosophers have long been engaged in what has been called 'the pursuit of the holy grail of property' - the secret of the internal structure of property in law. Attempts to capture the idea of property have encountered two fundamental problems. First, it has been notoriously difficult to advance beyond the observation that property involves 'ownership' of 'things', with the incidents of ownership and the list of things owned an essentially descriptive task. Second,it is difficult to explain the wildly inconsistent power that property rights - even when identified - seem to enjoy. In this book, Professor Underkuffler advances our understanding of what property is, as an idea, and the power that claimed property rights should have against competing public interests. There is, she argues, a deeper analytical structure of the idea of property that we can uncover, and - as a result of that discovery - deeper reasons that we can find for property's variable power. It is not a random or unprincipled event that property generally protects in cases involving land titles or patent claims, and fails to protect in cases involving environmental regulation or redistributive taxation. She argues that these results are driven - indeed, predetermined - by the nature of property, as an idea, and the conflicts of that idea with competing public interests. The implications of this book are far-reaching. It explains and justifies - on new grounds -why some property claims are traditionally powerful in law, and others not. It suggests how property rights in controversial or emerging areas should be treated, such as those involving the body as property, personal information as property, cultural property, and state redistributive claims. Finally, it establishes why the protection of property is, in fact, necessarily different from freedom of speech, freedom of religion, due process of law, and other rights - necessitating its different treatment, and lesser protection, as a constitutional right.

Perspectives On Property Law

Author : Robert C. Ellickson
ISBN : 9781454848547
Genre : Law
File Size : 64. 67 MB
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This reader on property law continues its lengthy track record of success of combining fascinating and essential readings and materials pertaining to property law with author commentary. Now in its Fourth Edition, Perspectives on Property Law adds nationally renowned property scholar Henry E. Smith as co-author to its already impressive author team. Features: Among the new readings included in the Fourth Edition: William Fischel's book on the Homevoter Hypothesis Libecap and Lueck's article on systems of land demarcation Peñalver and Katyal's book on property outlaws Robert Merges's article on the new dynamism in the public domain

Moral Rhetoric And The Criminalisation Of Squatting

Author : Lorna Fox O'Mahony
ISBN : 9781317807957
Genre : Law
File Size : 76. 59 MB
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This collection of critical essays considers the criminalisation of squatting from a range of different theoretical, policy and practice perspectives. While the practice of squatting has long been criminalised in some jurisdictions, the last few years have witnessed the emergence of a newly constituted political concern with unlawful occupation of land. With initiatives to address the ‘threat’ of squatting sweeping across Europe, the offence of squatting in a residential building was created in England in 2012. This development, which has attracted a large measure of media attention, has been widely regarded as a controversial policy departure, with many commentators, Parliamentarians, and professional organisations arguing that its support is premised on misunderstandings of the current law and a precarious evidence-base concerning the nature and prevalence of ‘squatting’. Moral Rhetoric and the Criminalisation of Squatting explores the significance of measures to criminalise squatting for squatters, owners and communities. The book also interrogates wider themes that draw on political philosophy, social policy, criminal justice and the nature of ownership, to consider how the assimilation of squatting to a contemporary punitive turn is shaping the political, social, legal and moral landscapes of property, housing and crime.

Property Place And Piracy

Author : Martin Fredriksson
ISBN : 9781351720212
Genre : History
File Size : 76. 64 MB
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This book takes the concept of piracy as a starting point to discuss the instability of property as a social construction and how this is spatially situated. Piracy is understood as acts and practices that emerge in zones where the construction and definition of property is ambiguous. Media piracy is a frequently used example where file-sharers and copyright holders argue whether culture and information is a common resource to be freely shared or property to be protected. This book highlights that this is not a dilemma unique to immaterial resources: concepts such as property, ownership and the rights of use are just as diffuse when it comes to spatial resources such as land, water, air or urban space. By structuring the book around this heterogeneous understanding of piracy as an analytical perspective, the editors and contributors advance a trans-disciplinary and multi-theoretical approach to place and property. In doing so, the book moves from theoretical discussions on commons and property to empirical cases concerning access to and appropriation of land, natural and cultural resources. The chapters cover areas such as maritime piracy, the philosophical and legal foundations of property rights, mining and land rights, biopiracy and traditional knowledge, indigenous rights, colonization of space, military expansionism and the enclosure of urban space. This book is essential reading for a variety of disciplines including indigenous studies, cultural studies, geography, political economy, law, environmental studies and all readers concerned with piracy and the ambiguity of property.

The Organic Globalizer

Author : Christopher Malone
ISBN : 9781628920086
Genre : Music
File Size : 45. 64 MB
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The Organic Globalizer is a collection of critical essays which takes the position that hip-hop holds political significance through an understanding of its ability to at once raise cultural awareness, expand civil society's focus on social and economic justice through institution building, and engage in political activism and participation. Collectively, the essays assert hip hop's importance as an "organic globalizer:†? no matter its pervasiveness or reach around the world, hip-hop ultimately remains a grassroots phenomenon that is born of the community from which it permeates. Hip hop, then, holds promise through three separate but related avenues: (1) through cultural awareness and identification/recognition of voices of marginalized communities through music and art; (2) through social creation and the institutionalization of independent alternative institutions and non-profit organizations in civil society geared toward social and economic justice; and (3) through political activism and participation in which demands are articulated and made on the state. With editorial bridges between chapters and an emphasis on interdisciplinary and diverse perspectives, The Organic Globalizer is the natural scholarly evolution in the conversation about hip-hop and politics.

Partly Laws Common To All Mankind

Author : Jeremy Waldron
ISBN : 9780300148657
Genre : Law
File Size : 56. 71 MB
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Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.

The Rational Choice Controversy

Author : Jeffrey Friedman
ISBN : 0300068212
Genre : Philosophy
File Size : 86. 35 MB
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Pathologies of Rational Choice Theory, a book written by Donald Green and Ian Shapiro and published in 1994, excited much controversy among political scientists and promoted a dialogue that was printed in a double issue of the journal Critical Review in 1995. This new book reproduces thirteen essays from that journal written by senior scholars in the field, along with an introduction by the editor of the journal, Jeffrey Friedman, and a rejoinder to the essays by Green and Shapiro. The scholars - who include John Ferejohn, Morris P. Fiorina, Stanley Kelley, Jr., Robert E. Lane, Peter C. Ordeshook, Norman Schofield, and Kenneth A. Shepsle - criticize, agree with, or build on Green and Shapiro's critique. Together the essays provide an interesting and accessible way of focusing on completing approaches to the study of politics and the social sciences.

Constitutional Courts And Democratic Values

Author : Víctor Ferreres Comella
ISBN : 9780300148688
Genre : LAW
File Size : 24. 47 MB
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Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.

Constitutional Sentiments

Author : Andras Sajo
ISBN : 9780300168617
Genre : Law
File Size : 42. 90 MB
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The Constitution was written to shape human behavior and affairs, and it does so by appealing to people's hearts, not only their minds. An interdisciplinary analysis sheds new light on the emotions that underlie constitutional law, with many cogent examples./DIV

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