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The history of the American West is a history of struggles over land, and none has inspired so much passion and misunderstanding as the conflict between ranchers and the federal government over public grazing lands. Drawing upon neglected sources from organized ranchers, this is the first book to provide a historically based explanation for why the relationship between ranchers and the federal government became so embattled long before modern environmentalists became involved in the issue. Reconstructing the increasingly contested interpretations of the meaning of public land administration, Public Lands and Political Meaning traces the history of the political dynamics between ranchers and federal land agencies, giving us a new look at the relations of power that made the modern West. Although a majority of organized ranchers supported government control of the range at the turn of the century, by midcentury these same organizations often used a virulently antifederal discourse that fueled many a political fight in Washington and that still runs deep in American politics today. In analyzing this shift, Merrill shows how profoundly people's ideas about property wove their way into the political language of the debates surrounding public range policy. As she unravels the meaning of this language, Merrill demonstrates that different ideas about property played a crucial role in perpetuating antagonism on both sides of the fence. In addition to illuminating the origins of the "sagebrush rebellions" in the American West, this book also persuasively argues that political historians must pay more attention to public land management issues as a way of understanding tensions in American state-building.
Why has poverty in the United States been so controversial? Why do political discussions of poverty seem to continually rely on the same set of ideas? This book shows that answers to these questions can be found in the political tradition of civic republicanism that made sense in America's agricultural era but which fail to correspond with the realities of modern economic conditions. Three policy areas: homeownership for the poor, cash-aid programs, and policies to help the poor become owners of productive assets are examined, followed by Zundel's ideas for designing poverty policy for the new millennium.
The presence of a robust public domain is an essential precondition for cultural, social and economic development and for a healthy democratic process. But the public domain is under pressure as a result of the ongoing march towards an information economy. Items of information, which in the `old economy had little or no economic value, such as factual data, personal data, genetic information and pure ideas, have acquired independent economic value in the current information age, and consequently become the object of property rights making the information a tradable commodity. How and to what extent does the commodification of information affect the free flow of information and the integrity of the public domain? Does the freedom of expression and information, guaranteed inter alia in the European Convention on Human Rights, call for active state intervention to `save the public domain? What means both legal and practical are available or might be conceived to guarantee and foster a robust public domain? These were the main questions that were addressed in a major collaborative research project led by the Institute for Information Law of the University of Amsterdam (IViR) in co-operation with the Tilburg Institute for Law, Technology and Society (TILT) of Tilburg University, and funded by ITeR, the Dutch National Program for Information Technology and Law. Thirteen contributions from academia worldwide make up the present book, addressing the future of the public domain from a different angle. In addition, all authors were invited to reflect upon the notion and role of the public domain in the context of information law and policy. Should this concept be limited to that of a `negative image of (intellectual) property protection, i.e. all publicly available information not subject to a property right, and therefore freely (i.e. gratis) available, or should a broader approach be taken, e.g. all information available from public sources at affordable cost? Should information policies be aimed at maximizing the public domain or optimizing information flows? To what extent are these aims congruent? This book takes a broader, `information law oriented approach towards the question of preserving the public domain, in which a wide range of interrelated legal questions converge. Issues treated in this book include: Economic analysis of the public domain Fundamental rights analysis of the public domain Impact of the application of technological protection measures and contractual restrictions on the public domain The impact of the expansion of copyright, database right and patent rights on the public domain The impact of the commodification of private data, government information, indigenous knowledge on the public domain The capacity of the Open Source and Creative Commons Movements to preserve the integrity of the public domain The Future of the Public Domain is an important work for all those interested or involved in the regulation of the knowledge economy. Legal scholars, academic and research institutions, corporate counsel, lawyers, government policymakers and regulators all these and more will benefit enormously from the thoughtful and incisive discussions presented here.
The little-known story of how the U.S. government came to hold nearly one-third of the nation’s land and manage it primarily for recreation, education and conservation. “A much-needed chronicle of how the American people decided––wisely and democratically––that nearly a third of the nation’s land surface should remain in our collective ownership and be managed for our common good.”—Dayton Duncan, author of The National Parks: America’s Best Idea America’s public lands include more than 600 million acres of forests, plains, mountains, wetlands, deserts, and shorelines. In this book, John Leshy, a leading expert in public lands policy, discusses the key political decisions that led to this, beginning at the very founding of the nation. He traces the emergence of a bipartisan political consensus in favor of the national government holding these vast land areas primarily for recreation, education, and conservation of biodiversity and cultural resources. That consensus remains strong and continues to shape American identity. Such a success story of the political system is a bright spot in an era of cynicism about government. This book is essential reading for anyone who cares about public lands, and it is particularly timely as the world grapples with the challenges of climate change and biodiversity loss.
John R. Van Atta examines the visions of the founding generation and the increasing influence of ideological differences in the years after the peace of 1815. Americans expected the country to grow westward, but on the details of that growth they held strongly different opinions. What part should Congress play in this development? How much should public land cost? What of the families and businesses left behind, and how would society's institutions be established in the West? What of the premature settlers, the "squatters" who challenged the rule of law while epitomizing democratic daring?
In Jacksonian Promise historian Daniel Feller offers a fresh look at the United States in the tumultuous Age of Jackson. Viewing the era through the eyes of people who lived in it, Feller's account captures the optimism and energy that filled America after the War of 1812. His emphasis on Americans' confidence in the future and faith in improvement challenges historians who depict the Jacksonian temperament in terms of anxiety and foreboding. Jacksonian Promise opens with the Jubilee anniversary of Independence in 1826, when Americans celebrated their national birthright of liberty and opportunity. Blessed with abundant resources and what they held to be the best government on earth, citizens believed they could accomplish nearly anything. They felt it in their power to remake themselves, their country, and the world. Feller traces the influence of this enterprising spirit across a broad range of Jacksonian activity. Experiment and innovation flourished as Americans built canals and factories, founded unions and utopias, staged religious revivals and moral crusades, and campaigned to eradicate social ills and to purify law and politics. Yet despite their common source, competing programs of progress soon clashed with each other. As citizens organized to pursue their hopes for America's future, divisions arose among that pointed ultimately toward civil war.
"The Webster-Hayne Debate centers on the question that consumed the Early Republic: Did state sovereignty or the federal Constitution rightfully claim preeminence? Begun in 1830 during a Senate discussion of western land policy and continuing through the South Carolina legislature's nullification of a federal tariff, Daniel Webster of Massachusetts and Robert Y. Hayne of South Carolina took part in a heated debate that landed on the question of union--its nature and its value in a federal republic. Christopher Childers treats this debate as an important moment in the Early Republic, one in which spokesmen for the generation that followed the founders parsed the difference between a confederation of states, any one of which could decide whether to leave the compact of 1789, and a lasting union based on the principles of the revolution"--
How did the federal government change from the weak apparatus of the antebellum period to the large, administrative state of the Progressive Era? To Enlarge the Machinery of Government explores the daily proceedings of the U.S. House and Senate from 1858 to 1891 to find answers to this question. Through close readings of debates centered around sponsorship, supervision, and standardization recorded in the Congressional Globe and Congressional Record during this period, Williamjames Hull Hoffer traces a critical shift in ideas that ultimately ushered in Progressive legislation: the willingness of American citizens to allow, and in fact ask for, federal intervention in their daily lives. He describes this era of congressional thought as a "second state," distinct from both the minimalist approaches that came before and the Progressive state building that developed later. The "second state" era, Hoffer contends, offers valuable insight into how conceptions of American uniqueness contributed to the shape of the federal government.
In its early years, the American Republic was far from stable. Conflict and violence, including major land wars, were defining features of the period from the Revolution to the outbreak of the Civil War, as struggles over who would control land and labor were waged across the North American continent. The World of the Revolutionary American Republic brings together original essays from an array of scholars to illuminate the issues that made this era so contested. Drawing on the latest research, the essays examine the conflicts that occurred both within the Republic and between the different peoples inhabiting the continent. Covering issues including slavery, westward expansion, the impact of Revolutionary ideals, and the economy, this collection provides a diverse range of insights into the turbulent era in which the United States emerged as a nation. With contributions from leading scholars in the field, both American and international, The World of the Revolutionary American Republic is an important resource for any scholar of early America.