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"This title was first published in 2001. Two of Australia's leading feminist legal theorists examine the relationship between persons and property and the concept of self-ownership in relation to current legal debates."--Provided by publisher.
Publisher Description
The People’s Property? is the first book-length scholarly examination of how negotiations over the ownership, control, and peopling of public space are central to the development of publicity, citizenship, and democracy in urban areas. The book asks the questions: Why does it matter who owns public property? Who controls it? Who is in it? Donald Mitchell and Lynn A. Staeheli answer the questions by focusing on the interplay between property (in its geographical sense, as a parcel of owned space) and people. Property rights are often defined as the "right to exclude." It is important, therefore, to understand who (what individual and corporate entities, governed by what kinds of regulations and restrictions) owns publicly accessible property. It is likewise important to understand the changing bases for excluding some people and classes of people from otherwise publicly accessible property. That is to say, it is important to understand how modes of access and possibilities for association in publicly accessible space vary for different individuals and different classes of people, if we are to understand the role public spaces play in shaping democratic possibilities. In what ways are urban public spaces "the people’s property" – and in what ways are they not? What does this mean for citizenship and the constitution of an inclusive, democratic polity? The book develops its argument through five case studies: protest in Washington DC; struggles over the Plaza of Santa Fe, NM; homelessness and property redevelopment in San Diego, CA; the enclosure of public space in a mall in Syracuse, NY; and community gardens in New York City. Though empirically focused on the US, the book is of broader interests as publics in all liberal democracies are under-going rapid reconsideration and transformation.
The breadth of the restitution standards found within this volume, combined with selected examples of case law and other materials, is a clear indication that a right to housing, land, and property restitution for refugees and displaced persons has emerged within the global legal domain.
The debate over whether human bodies and their parts should be governed by the laws of property has accelerated with the pace of technological change. Having long held that a corpse could not be property, the common law first recognised that there could be a property interest in human tissue in some circumstances in the early 1900s, but it was not until a string of judicial decisions and statutory regulation in the 1990s and early 2000s that the place of this 'exception' was cemented. The 2009 decision of the Court of Appeal of England and Wales in Yearworth & Ors v North Bristol NHS Trust added a new dimension to the debate by supporting a move towards a broader, more principled basis for finding (or rejecting) property rights in human tissue. However, the law relating to property rights in human bodies and their parts remains highly contested. The contributions in this volume represent a collation of the broad spectrum of analyses on offer, and provide a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question.
An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace. If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation—as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.
Over the last quarter-century hip-hop has grown from an esoteric form of African-American expression to become the dominant form of American popular culture. Today, Snoop Dogg shills for Chrysler and white kids wear Fubu, the black-owned label whose name stands for "For Us, By Us." This is not the first time that black music has been appreciated, adopted, and adapted by white audiences-think jazz, blues, and rock-but Jason Tanz, a white boy who grew up in the suburban Northwest, says that hip-hop's journey through white America provides a unique window to examine the racial dissonance that has become a fact of our national life. In such culture-sharing Tanz sees white Americans struggling with their identity, and wrestling (often unsuccessfully) with the legacy of race. To support his anecdotally driven history of hip-hop's cross-over to white America, Tanz conducts dozens of interviews with fans, artists, producers, and promoters, including some of hip-hop's most legendary figures-such as Public Enemy's Chuck D; white rapper MC Serch; and former Yo! MTV Raps host Fab 5 Freddy. He travels across the country, visiting "nerdcore" rappers in Seattle, who rhyme about Star Wars conventions; a group of would-be gangstas in a suburb so insulated it's called "the bubble"; a break-dancing class at the upper-crusty New Canaan Tap Academy; and many more. Drawing on the author's personal experience as a white fan as well as his in-depth knowledge of hip-hop's history, Other People's Property provides a hard-edged, thought-provoking, and humorous snapshot of the particularly American intersection of race, commerce, culture, and identity.