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Cooperation, not conflict, is emphasized in a study that casts America's frontier history as a place in which local people helped develop the legal framework that tamed the West.
Questions about land control have invigorated thinkers in agrarian studies and economic history since the nineteenth century. ‘Exclusion’, ‘alienation’, ‘expropriation’, ‘dispossession’, and ‘violence’ animate histories of land use, property rights, and territories. More recently, agrarian environments have been transformed by processes of de-agrarianization, urbanization, migration, and new forms of primitive accumulation. Even the classic agrarian question of how the social relations of agriculture will be influenced by capitalism has been reformulated at critical historical moments, reviving or producing new debates around the importance of land control. The authors in this volume focus on new frontiers of land control and their active creation. These frontiers are sites where established power relationships are challenged by new enclosures and property regimes, producing new social and environmental dynamics in their stead. Contributors examine labor and production processes engaged by new configurations of actors, new agrarian and environmental subjects and the networks connecting them, and new legal and violent means of challenging established or imminent land controls. Overall we find that land control still matters, though in changed degrees and manners. Land control will continue to inspire struggles for a long time. This book was originally published as a special issue of the Journal of Peasant Studies.
This book introduces three innovative concepts and associated financial instruments with the potential to revolutionise real estate finance. The factorisation of commercial real estate with factor-based real estate derivatives is the first concept analysed in this book. Methodological issues pertaining to factors in real estate risk analysis are covered in detail with in-depth academic reference. The book then analyses the digitalisation of commercial real estate. The environment in which buildings operate is changing fast. Cities which used to be made up of inanimate architectural structures are growing digital skins and becoming smarter. Smart technologies applied to the built environment are fundamentally changing buildings’ role in cities and their interactions with their occupants. The book introduces the concept of smart space and analyses the emergence of ‘digital rights’ or property rights for smart buildings in smart environments. It proposes concepts and methods for identifying, pricing, and trading these new property rights which will dominate commercial real estate in the future. Finally, the tokenisation of commercial real estate is explored. Sometimes described as an alternative to securitisation, tokenisation is a new tool in financial engineering applied to real assets. The book suggests two innovative applications of tokenisation: private commercial real estate index tokenisation and data tokens for smart buildings. With factorisation, digitalisation, and tokenisation, commercial real estate is at the forefront of innovations. Real estate’s unique characteristics, stemming from its physicality, trigger new ways of thinking which might have a profound impact on other asset classes by paving the way for micro markets. Factor-based property derivatives, digital rights, and tokens embody how commercial real estate can push the boundaries of modern capitalism and, in doing so, move at the centre of tomorrow’s smart economies. This book is essential reading for all real estate, finance, and smart technology researchers and interested professionals.
This book explores and discusses how to obtain traditional intellectual property law rights in the non-traditional settings of video game and virtual world environments, and serves as a primer for researching these emerging legal issues. Each chapter addresses: end user license agreements; copyrights, patents, trademarks; and trade secrets, as addressed by U.S. law. It also covers international legal issues stemming from the multi-national user-base and foreign operation of many virtual worlds.
A fascinating history of a contested frontier, where struggles over landownership brought Native Americans and English colonists together Properties of Empire shows the dynamic relationship between Native and English systems of property on the turbulent edge of Britain’s empire, and how so many colonists came to believe their prosperity depended on acknowledging Indigenous land rights. As absentee land speculators and hardscrabble colonists squabbled over conflicting visions for the frontier, Wabanaki Indians’ unity allowed them to forcefully project their own interpretations of often poorly remembered old land deeds and treaties. The result was the creation of a system of property in Maine that defied English law, and preserved Native power and territory. Eventually, ordinary colonists, dissident speculators, and grasping officials succeeded in undermining and finally destroying this arrangement, a process that took place in councils and courtrooms, in taverns and treaties, and on battlefields. Properties of Empire challenges assumptions about the relationship between Indigenous and imperial property creation in early America, as well as the fixed nature of Indian “sales” of land, revealing the existence of a prolonged struggle to re-interpret seventeenth-century land transactions and treaties well into the eighteenth century. The ongoing struggle to construct a commonly agreed-upon culture of landownership shaped diplomacy, imperial administration, and matters of colonial law in powerful ways, and its legacy remains with us today.
In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).
Owned provides a legal analysis of the legal, social, and technological developments that have driven an erosion of property rights in the digital context.
"This collection of essays provides a state-of-the-art analysis of intellectual property rights issues in two frontier industries, software and biotechnology. It is the result of an AEI-Brookings Joint Center conference held on April 30, 2004." -- from the Preface, p. ix.
Although Mexico lost its northern territories to the US in 1948 battles over property rights have remained intense. This text shows how contending groups reinterpret the meaning of property to uphold their conflicting claims to land.
Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to cultural appropriation to the regulation of model weight, from advertising law on the digital market to the impact of new technologies on product distribution. The purpose is to stimulate discussion on contemporary problems that have the potential to define new boundaries of fashion law, such as the impact of the heightened ethical sensitivity of consumers (who increasingly require effective solutions), that a comparative law perspective renders more interesting. The volume seeks to sketch out the new legal fields in which the fashion industry is getting involved, identifying the new boundaries of fashion law that existing literature has not dealt with in a comprehensive manner.