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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.
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.
The creation by government regulation of entitlements akin to property rights is a widespread phenomenon imposing a reconsideration of the traditional categories of public and private property. The allocation of such rights that lack an explicit legislative definition but are object of relevant social and legal interests is a very complex topic, which has become very acute in cases where markets have been established for them. The analysis of the systems created for the allocation and management of these rights is the core of this book, which examines four emblematic examples: airport slots, spectrum rights, milk quotas and emission allowances. The book focuses on the European level, including legislation and the most relevant policy issues, by means of a comparative method involving private law, public law and law and economics approaches.
This book explores the role of private mining rights in the utopian imaginary of space colonisation. It presents a transdisciplinary account of the new and evolving legislative frameworks that have been established in anticipation of commercial exploitation of the mineral resources of the off-world frontier. Written in an engaging style, the book investigates a novel case study in the history of capitalism and 'the commons': the emergence of a nascent space mining industry, undergirded by a contentious legislative framework. In 2015, the US passed laws that would recognise the claims of US corporations to own and sell space resources. This unilateral act of pre-emptive law-making would appear to contravene the terms of the UN Outer Space Treaty (1967), which declared that the exploration and use of outer space should be ‘for the benefit of all mankind’ and ‘not subject to national appropriation’. Using this central dynamic between privately held mining rights and outer space as a 'global commons', Matthew Johnson constructs an historical sociology of space mining – from the deep historical roots of common and private property to the contemporary networks of neoliberalism that have engaged with the commercialisation of space activity. The anticipatory expansion of private property claims beyond the Earth both resonates with and problematises the ‘terrain’ of political history, such as the tensions between states and markets, public law and private power, ‘the commons’ and exclusive property. The emerging cosmopolitics of off-world private property mirrors (and is often explicitly embedded within) neoliberal geopolitics, prompting urgent questions about how we can reaffirm principles of democracy and ‘common heritage’ in the international laws of Earth and space. This book is compelling reading for anyone interested in the social study of space, law, economics, technology, politics and property rights.
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.
Exploring an issue of international significance, this collection of essays addresses the reconciliation of the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. Focusing upon the Maori tribes of New Zealand, topics include the historical origins of the Ngati Apa decision--one of the most controversial modern decisions on Maori rights--how the Foreshore and Seabed Act (FSA) compares with schemes created in other countries with indigenous inhabitants, how the FSA has led to major changes in the country's political landscape, and how it stacks up against international human rights and environmental laws. This detailed study also explores New Zealand's legislation and how it has undermined the rights of Maori tribes, tipping the reconciliation process too far in favor of the state.
Hart Publishing is pleased to announce that it has recently become publisher of this prestigious and much valued work. The 15th Annual volume in the series collects the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyze the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, seeks to make a lasting contribution to discourse in IP law; few of the chapters are merely descriptive, and most raise questions of policy or discuss new developments. Praise for the Fordham International Intellectual Property Conference: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." Hugh Laddie, (formerly Mr. Justice Laddie) University College, London and consultant to Rouse & Co, Willoughby & Partners. "Faculty for this conference are always well-known 'names' well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." The Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.