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Property Outlaws

Property Outlaws Author Eduardo M. Penalver
ISBN-10 9780300161236
Release 2010-02-16
Pages 288
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Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.



The Idea of Property

The Idea of Property Author Laura S. Underkuffler
ISBN-10 0199254184
Release 2003
Pages 179
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Legal scholars and philosophers have long been engaged in what has been called 'the pursuit of the holy grail of property' - the secret of the internal structure of property in law. Attempts to capture the idea of property have encountered two fundamental problems. First, it has been notoriously difficult to advance beyond the observation that property involves 'ownership' of 'things', with the incidents of ownership and the list of things owned an essentially descriptive task. Second,it is difficult to explain the wildly inconsistent power that property rights - even when identified - seem to enjoy. In this book, Professor Underkuffler advances our understanding of what property is, as an idea, and the power that claimed property rights should have against competing public interests. There is, she argues, a deeper analytical structure of the idea of property that we can uncover, and - as a result of that discovery - deeper reasons that we can find for property's variable power. It is not a random or unprincipled event that property generally protects in cases involving land titles or patent claims, and fails to protect in cases involving environmental regulation or redistributive taxation. She argues that these results are driven - indeed, predetermined - by the nature of property, as an idea, and the conflicts of that idea with competing public interests. The implications of this book are far-reaching. It explains and justifies - on new grounds -why some property claims are traditionally powerful in law, and others not. It suggests how property rights in controversial or emerging areas should be treated, such as those involving the body as property, personal information as property, cultural property, and state redistributive claims. Finally, it establishes why the protection of property is, in fact, necessarily different from freedom of speech, freedom of religion, due process of law, and other rights - necessitating its different treatment, and lesser protection, as a constitutional right.



Perspectives on Property Law

Perspectives on Property Law Author Robert C. Ellickson
ISBN-10 9781454848547
Release 2014-04-11
Pages 608
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This reader on property law continues its lengthy track record of success of combining fascinating and essential readings and materials pertaining to property law with author commentary. Now in its Fourth Edition, Perspectives on Property Law adds nationally renowned property scholar Henry E. Smith as co-author to its already impressive author team. Features: Among the new readings included in the Fourth Edition: William Fischel's book on the Homevoter Hypothesis Libecap and Lueck's article on systems of land demarcation Peñalver and Katyal's book on property outlaws Robert Merges's article on the new dynamism in the public domain



Moral Rhetoric and the Criminalisation of Squatting

Moral Rhetoric and the Criminalisation of Squatting Author Lorna Fox O'Mahony
ISBN-10 9781317807957
Release 2014-10-24
Pages 248
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This collection of critical essays considers the criminalisation of squatting from a range of different theoretical, policy and practice perspectives. While the practice of squatting has long been criminalised in some jurisdictions, the last few years have witnessed the emergence of a newly constituted political concern with unlawful occupation of land. With initiatives to address the ‘threat’ of squatting sweeping across Europe, the offence of squatting in a residential building was created in England in 2012. This development, which has attracted a large measure of media attention, has been widely regarded as a controversial policy departure, with many commentators, Parliamentarians, and professional organisations arguing that its support is premised on misunderstandings of the current law and a precarious evidence-base concerning the nature and prevalence of ‘squatting’. Moral Rhetoric and the Criminalisation of Squatting explores the significance of measures to criminalise squatting for squatters, owners and communities. The book also interrogates wider themes that draw on political philosophy, social policy, criminal justice and the nature of ownership, to consider how the assimilation of squatting to a contemporary punitive turn is shaping the political, social, legal and moral landscapes of property, housing and crime.



Property Place and Piracy

Property  Place and Piracy Author Martin Fredriksson
ISBN-10 9781351720212
Release 2017-10-12
Pages 258
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This book takes the concept of piracy as a starting point to discuss the instability of property as a social construction and how this is spatially situated. Piracy is understood as acts and practices that emerge in zones where the construction and definition of property is ambiguous. Media piracy is a frequently used example where file-sharers and copyright holders argue whether culture and information is a common resource to be freely shared or property to be protected. This book highlights that this is not a dilemma unique to immaterial resources: concepts such as property, ownership and the rights of use are just as diffuse when it comes to spatial resources such as land, water, air or urban space. By structuring the book around this heterogeneous understanding of piracy as an analytical perspective, the editors and contributors advance a trans-disciplinary and multi-theoretical approach to place and property. In doing so, the book moves from theoretical discussions on commons and property to empirical cases concerning access to and appropriation of land, natural and cultural resources. The chapters cover areas such as maritime piracy, the philosophical and legal foundations of property rights, mining and land rights, biopiracy and traditional knowledge, indigenous rights, colonization of space, military expansionism and the enclosure of urban space. This book is essential reading for a variety of disciplines including indigenous studies, cultural studies, geography, political economy, law, environmental studies and all readers concerned with piracy and the ambiguity of property.



The Organic Globalizer

The Organic Globalizer Author Christopher Malone
ISBN-10 9781628920086
Release 2014-11-20
Pages 304
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The Organic Globalizer is a collection of critical essays which takes the position that hip-hop holds political significance through an understanding of its ability to at once raise cultural awareness, expand civil society's focus on social and economic justice through institution building, and engage in political activism and participation. Collectively, the essays assert hip hop's importance as an "organic globalizer:†? no matter its pervasiveness or reach around the world, hip-hop ultimately remains a grassroots phenomenon that is born of the community from which it permeates. Hip hop, then, holds promise through three separate but related avenues: (1) through cultural awareness and identification/recognition of voices of marginalized communities through music and art; (2) through social creation and the institutionalization of independent alternative institutions and non-profit organizations in civil society geared toward social and economic justice; and (3) through political activism and participation in which demands are articulated and made on the state. With editorial bridges between chapters and an emphasis on interdisciplinary and diverse perspectives, The Organic Globalizer is the natural scholarly evolution in the conversation about hip-hop and politics.



Partly Laws Common to All Mankind

 Partly Laws Common to All Mankind Author Jeremy Waldron
ISBN-10 9780300148657
Release 2012-05-29
Pages 288
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Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.



The Rational Choice Controversy

The Rational Choice Controversy Author Jeffrey Friedman
ISBN-10 0300068212
Release 1996
Pages 307
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Pathologies of Rational Choice Theory, a book written by Donald Green and Ian Shapiro and published in 1994, excited much controversy among political scientists and promoted a dialogue that was printed in a double issue of the journal Critical Review in 1995. This new book reproduces thirteen essays from that journal written by senior scholars in the field, along with an introduction by the editor of the journal, Jeffrey Friedman, and a rejoinder to the essays by Green and Shapiro. The scholars - who include John Ferejohn, Morris P. Fiorina, Stanley Kelley, Jr., Robert E. Lane, Peter C. Ordeshook, Norman Schofield, and Kenneth A. Shepsle - criticize, agree with, or build on Green and Shapiro's critique. Together the essays provide an interesting and accessible way of focusing on completing approaches to the study of politics and the social sciences.



The Pirate Organization

The Pirate Organization Author Rodolphe Durand
ISBN-10 9781422183182
Release 2013
Pages 191
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Presents a historical analysis of piracy, arguing that it is a driving force in capitalism.



Constitutional Sentiments

Constitutional Sentiments Author Andras Sajo
ISBN-10 9780300168617
Release 2011
Pages 382
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The Constitution was written to shape human behavior and affairs, and it does so by appealing to people's hearts, not only their minds. An interdisciplinary analysis sheds new light on the emotions that underlie constitutional law, with many cogent examples./DIV



Pirate Cinema

Pirate Cinema Author Cory Doctorow
ISBN-10 9781429943185
Release 2012-10-02
Pages 384
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From the New York Times bestselling author of Little Brother, Cory Doctorow, comes Pirate Cinema, a new tale of a brilliant hacker runaway who finds himself standing up to tyranny. Trent McCauley is sixteen, brilliant, and obsessed with one thing: making movies on his computer by reassembling footage from popular films he downloads from the net. In the dystopian near-future Britain where Trent is growing up, this is more illegal than ever; the punishment for being caught three times is that your entire household's access to the internet is cut off for a year, with no appeal. Trent's too clever for that too happen. Except it does, and it nearly destroys his family. Shamed and shattered, Trent runs away to London, where he slowly learns the ways of staying alive on the streets. This brings him in touch with a demimonde of artists and activists who are trying to fight a new bill that will criminalize even more harmless internet creativity, making felons of millions of British citizens at a stroke. Things look bad. Parliament is in power of a few wealthy media conglomerates. But the powers-that-be haven't entirely reckoned with the power of a gripping movie to change people's minds.... At the Publisher's request, this title is being sold without Digital Rights Management Software (DRM) applied.



The Lost Promise of Civil Rights

The Lost Promise of Civil Rights Author Risa Lauren Goluboff
ISBN-10 0674024656
Release 2007
Pages 376
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Listen to a short interview with Risa GoluboffHost: Chris Gondek | Producer: Heron & Crane In this groundbreaking book, Risa L. Goluboff offers a provocative new account of the history of American civil rights law. The Supreme Court's decision in Brown v. Board of Education has long dominated that history. Since 1954, generations of judges, lawyers, and ordinary people have viewed civil rights as a project of breaking down formal legal barriers to integration, especially in the context of public education. Goluboff recovers a world before Brown, a world in which civil rights was legally, conceptually, and constitutionally up for grabs. Then, the petitions of black agricultural workers in the American South and industrial workers across the nation called for a civil rights law that would redress economic as well as legal inequalities. Lawyers in the new Civil Rights Section of the Department of Justice and in the NAACP took the workers' cases and viewed them as crucial to attacking Jim Crow. By the time NAACP lawyers set out on the path to Brown, however, they had eliminated workers' economic concerns from their litigation agenda. When the lawyers succeeded in Brown, they simultaneously marginalized the host of other harms--economic inequality chief among them--that afflicted the majority of African Americans during the mid-twentieth century. By uncovering the lost challenges workers and their lawyers launched against Jim Crow in the 1940s, Goluboff shows how Brown only partially fulfilled the promise of civil rights.



An Introduction to Property Theory

An Introduction to Property Theory Author Gregory S. Alexander
ISBN-10 9781107375376
Release 2012-04-09
Pages
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This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.



The Squatters Movement in Europe

The Squatters  Movement in Europe Author . Squatting Europe Kollective
ISBN-10 0745333958
Release 2014-05-20
Pages 272
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The Squatters' Movement in Europe is the first definitive guide to squatting as an alternative to capitalism. It offers a unique insider's view on the movement – its ideals, actions and ways of life. At a time of growing crisis in Europe of high unemployment, dwindling social housing and declining living standards squatting has become an increasingly popular option. The book is written by an activist-scholar collective, of which all members have direct experience of squatting and many are still squatters today. There are contributions from Holland, Spain, the USA, France, Italy, Germany, Switzerland and the UK. In an age of austerity and precarity this book contributes with in-depth reflections and practical examples of what has been achieved by this resilient social movement, which holds lessons for policy makers, activists and academics alike.



The Least Dangerous Branch

The Least Dangerous Branch Author
ISBN-10 0300173334
Release 1986
Pages 303
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The Least Dangerous Branch has been writing in one form or another for most of life. You can find so many inspiration from The Least Dangerous Branch also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Least Dangerous Branch book for free.



Configuring the Networked Self

Configuring the Networked Self Author Julie E. Cohen
ISBN-10 9780300177930
Release 2014-05-14
Pages 350
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The legal and technical rules governing flows of information are out of balance, argues Julie E. Cohen in this original analysis of information law and policy. Flows of cultural and technical information are overly restricted, while flows of personal information often are not restricted at all. The author investigates the institutional forces shaping the emerging information society and the contradictions between those forces and the ways that people use information and information technologies in their everyday lives. She then proposes legal principles to ensure that people have ample room for cultural and material participation as well as greater control over the boundary conditions that govern flows of information to, from, and about them.



Spent

Spent Author Geoffrey Miller
ISBN-10 0670020621
Release 2009
Pages 374
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Explores how evolutionary psychology has begun to identify the prehistoric origins of human behavior and discusses how those discoveries have influenced the way consumer spending is viewed and controlled by companies, retailers, and marketers.