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When American settlers arrived in the southwestern borderlands, they assumed that the land was unencumbered by property claims. But, as María Montoya shows, the Southwest was no empty quarter simply waiting to be parceled up. Although Anglo farmers claimed absolute rights under the Homestead Act, their claims were contested by Native Americans who had lived on the land for generations, Mexican magnates like Lucien Maxwell who controlled vast parcels under grants from Mexican governors, and foreign companies who thought they had purchased open land. The result was that the Southwest inevitably became a battleground between land regimes with radically different cultural concepts. The struggle over the Maxwell Land Grant, a 1.7-million-acre tract straddling New Mexico and Colorado, demonstrates how contending parties reinterpreted the meaning of property to uphold their claims to the land. Montoya reveals how those claims, with their deep historical and racial roots, have been addressed to the satisfaction of some and the bitter frustration of others. Translating Property describes how European and American investors effectively mistranslated prior property regimes into new rules that worked to their own advantage--and against those who had lived on the land previously. Montoya explores the legal, political, and cultural battles that swept across the Southwest as this land was drawn into world market systems. She shows that these legal issues still have real meaning for thousands of Mexican Americans who continue to fight for land granted to their families before the Treaty of Guadalupe Hidalgo, or for continuing communal access to land now claimed by others. This new edition of Montoya’s book brings the land grant controversy up to date. A year after its original publication, the Colorado Supreme Court tried once more to translate Mexican property ideals into the U.S. system of legal rights; and in 2004 the Government Accounting Office issued the federal government’s most comprehensive effort to sort out the tangled history of land rights, concluding that Congress was under no obligation to compensate heirs of land grants. Montoya recaps these recent developments, further expanding our understanding of the battles over property rights and the persistence of inequality in the Southwest.
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.
With contributions by researchers from India, Europe, North America and the Caribbean, In Translation – Reflections, refractions, transformations touches on questions of method and on topics – including copyright, cultural hybridity, globalization, identity construction, and minority languages – which are important for the disciplinary development of translation studies but also of interest to other fields as well, most notably comparative literature, cultural studies and world literature. The volume provides a forum for new voices to be heard alongside those of well-established scholars and for current concerns to express themselves, often focusing on practices in areas of the world other than Europe or North America, which have until now tended to dominate the field. Acknowledging difference and celebrating it, the contributions conceive of translation as a process which reconstitutes and transforms, which brings renewal and growth, an interaction in a new context, a new reading, a new writing.
In 1835, a petition for land far from Santa Fe, New Mexico was awarded to pobladores (settlers) willing to relocate to the eastern edge of the Sangre de Cristo Mountains. Founded along the Gallinas River, the settlement became the Las Vegas Land Grant. The history of this grant is the history of New Mexico. On this 496,000 acre community grant, beliefs about land and faith were intertwined within a system of shared sacredness. In the 1890s, Anglo-American merchants and cattlemen joined with Hispano elites in the first concerted effort to wrest control of this grant from its original owners and heirs. The heart of this book investigates how a rural nuevo-mexicano (New Mexican) movement on the Las Vegas Land Grant evolved from burning barns and cutting fences to political activism and success at the ballot box. It also examines the history of New Mexico land grants, Hispano mountain culture, the origination of the town footprint, the boom of Territorial Las Vegas, and the cultural diversity that existed within the two distinct towns that emerged when the railroad came to Las Vegas in 1879. Honor and Defiance details the impact of American expansion into a well-established Hispano urban center, and highlights the robust nature of nuevo-mexicano spirit, determination, and ingenuity on the Las Vegas Land Grant. The book also includes photographs of Las Vegas, leaders of the period, and the land they fought for.
The translation of law has played an integral part in the interaction among nations in history and is playing a greater role in our increasingly interconnected world today. The book investigates legal translation in its many facets as an intellectual pursuit and a profession. It examines legal translation from an interdisciplinary perspective, covering theoretical and practical grounds and linguistic as well as legal issues. It analyses legal translation competence and various types of legal texts including contracts, statutes and multilateral legal instruments, presents a comparative analysis of the Common Law and the Civil Law and examines the case law from Canada, Hong Kong and the European Court of Justice. It attempts to demonstrate that translating law is a complex act that can enrich law, culture and human experience as a whole.
Linda Bolton uses six extraordinarily resonant moments in eighteenth- and nineteenth-century American history to highlight the ethical challenge that the treatment of Native and African persons presented to the new republic's ideal of freedom. An eloquent and thoughtful re-reading of the U.S. touchstones of democracy, this book argues forcefully for an ethical understanding of American literary history.
Through a compelling story about the conflict over a notorious Mexican-period land grant in northern New Mexico, David Correia examines how law and property are constituted through violence and social struggle. Spain and Mexico populated what is today New Mexico through large common property land grants to sheepherders and agriculturalists. After the U.S.-Mexican War the area saw rampant land speculation and dubious property adjudication. Nearly all of the huge land grants scattered throughout New Mexico were rejected by U.S. courts or acquired by land speculators. Of all the land grant conflicts in New Mexico's history, the struggle for the Tierra Amarilla land grant, the focus of Correia's story, is one of the most sensational, with numerous nineteenth-century speculators ranking among the state's political and economic elite and a remarkable pattern of resistance to land loss by heirs in the twentieth century. Correia narrates a long and largely unknown history of property conflict in Tierra Amarilla characterized by nearly constant violence--night riding and fence cutting, pitched gun battles, and tanks rumbling along the rutted dirt roads of northern New Mexico. The legal geography he constructs is one that includes a surprising and remarkable cast of characters: millionaire sheep barons, Spanish anarchists, hooded Klansmen, Puerto Rican terrorists, and undercover FBI agents. By placing property and law at the center of his study, Properties of Violence provocatively suggests that violence is not the opposite of property but rather is essential to its operation.
In this study of literature and law before and since the Civil War, Stephen M. Best shows how American conceptions of slavery, property, and the idea of the fugitive were profoundly interconnected. The Fugitive's Properties uncovers a poetics of intangible, personified property emerging out of antebellum laws, circulating through key nineteenth-century works of literature, and informing cultural forms such as blackface minstrelsy and early race films. Best also argues that legal principles dealing with fugitives and indebted persons provided a sophisticated precursor to intellectual property law as it dealt with rights in appearance, expression, and other abstract aspects of personhood. In this conception of property as fleeting, indeed fugitive, American law preserved for much of the rest of the century slavery's most pressing legal imperative: the production of personhood as a market commodity. By revealing the paradoxes of this relationship between fugitive slave law and intellectual property law, Best helps us to understand how race achieved much of its force in the American cultural imagination. A work of ambitious scope and compelling cross-connections, The Fugitive's Properties sets new agendas for scholars of American literature and legal culture.
Selected by Choice magazine as an Outstanding Academic Book Cheyfitz charts the course of American imperialism from the arrival of Europeans in a New World open for material and rhetorical cultivation to the violent foreign ventures of twentieth-century America in a Third World judged equally in need of cultural translation. Passionately and provocatively, he reads James Fenimore Cooper and Leslie Marmon Silko, Frederick Douglass, and Edgar Rice Burroughs within and against the imperial framework. At the center of the book is Shakespeare's "Tempest," at once transfiguring the first permanent English settlement at Jamestown and prefiguring much of American literature. In a new, final chapter, Cheyfitz reaches back to the representations of Native Americans produced by the English decades before the establishment of the Jamestown colony.
The Routledge Handbook of Translation Studies provides a comprehensive, state-of-the-art account of the complex field of translation studies. Written by leading specialists from around the world, this volume brings together authoritative original articles on pressing issues including: the current status of the field and its interdisciplinary nature the problematic definition of the object of study the various theoretical frameworks the research methodologies available. The handbook also includes discussion of the most recent theoretical, descriptive and applied research, as well as glimpses of future directions within the field and an extensive up-to-date bibliography. The Routledge Handbook of Translation Studies is an indispensable resource for postgraduate students of translation studies.