The Politics of Property Rights

The Politics of Property Rights
Author: Stephen Haber
Publisher: Cambridge University Press
Total Pages: 420
Release: 2003-05-26
Genre: Business & Economics
ISBN: 9780521820677

This book addresses a puzzle in political economy: why is it that political instability does not necessarily translate into economic stagnation or collapse? In order to address this puzzle, it advances a theory about property rights systems in many less developed countries. In this theory, governments do not have to enforce property rights as a public good. Instead, they may enforce property rights selectively (as a private good), and share the resulting rents with the group of asset holders who are integrated into the government. Focusing on Mexico, this book explains how the property rights system was constructed during the Porfirio Díaz dictatorship (1876-1911) and then explores how this property rights system either survived, or was reconstructed. The result is an analytic economic history of Mexico under both stability and instability, and a generalizable framework about the interaction of political and economic institutions.

Translating Property

Translating Property
Author: Maria E. Montoya
Publisher: Univ of California Press
Total Pages: 334
Release: 2002-03-29
Genre: Business & Economics
ISBN: 0520227441

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.

Archives of Dispossession

Archives of Dispossession
Author: Karen R. Roybal
Publisher: UNC Press Books
Total Pages: 186
Release: 2017-08-08
Genre: Social Science
ISBN: 1469633833

One method of American territory expansion in the U.S.-Mexico borderlands was the denial of property rights to Mexican landowners, which led to dispossession. Many historical accounts overlook this colonial impact on Indigenous and Mexican peoples, and existing studies that do tackle this subject tend to privilege the male experience. Here, Karen R. Roybal recenters the focus of dispossession on women, arguing that gender, sometimes more than race, dictated legal concepts of property ownership and individual autonomy. Drawing on a diverse source base—legal land records, personal letters, and literature—Roybal locates voices of Mexican American women in the Southwest to show how they fought against the erasure of their rights, both as women and as landowners. Woven throughout Roybal's analysis are these women's testimonios—their stories focusing on inheritance, property rights, and shifts in power. Roybal positions these testimonios as an alternate archive that illustrates the myriad ways in which multiple layers of dispossession—and the changes of property ownership in Mexican law—affected the formation of Mexicana identity.

Property Without Rights

Property Without Rights
Author: Michael Albertus
Publisher: Cambridge University Press
Total Pages: 417
Release: 2021-01-07
Genre: Business & Economics
ISBN: 1108835236

A new understanding of the causes and consequences of incomplete property rights in countries across the world.

American Property

American Property
Author: Stuart Banner
Publisher: Harvard University Press
Total Pages: 375
Release: 2011-07-01
Genre: Law
ISBN: 0674060822

In America, we are eager to claim ownership: our homes, our ideas, our organs, even our own celebrity. But beneath our nation’s proprietary longing looms a troublesome question: what does it mean to own something? More simply: what is property? The question is at the heart of many contemporary controversies, including disputes over who owns everything from genetic material to indigenous culture to music and film on the Internet. To decide if and when genes or culture or digits are a kind of property that can be possessed, we must grapple with the nature of property itself. How does it originate? What purposes does it serve? Is it a natural right or one created by law? Accessible and mercifully free of legal jargon, American Property reveals the perpetual challenge of answering these questions, as new forms of property have emerged in response to technological and cultural change, and as ideas about the appropriate scope of government regulation have shifted. This first comprehensive history of property in the United States is a masterly guided tour through a contested human institution that touches all aspects of our lives and desires. Stuart Banner shows that property exists to serve a broad set of purposes, constantly in flux, that render the idea of property itself inconstant. Despite our ideals of ownership, property has always been a means toward other ends. What property signifies and what property is, we come to see, has consistently changed to match the world we want to acquire.

The United States-Mexico-Canada Agreement (USMCA)

The United States-Mexico-Canada Agreement (USMCA)
Author: Leslie Alan Glick
Publisher: Kluwer Law International B.V.
Total Pages: 412
Release: 2020-10-19
Genre: Law
ISBN: 940351485X

On July 1, 2020, after much expectation and delay, the new United States-Mexico-Canada Agreement (USMCA)—a greatly revised version of the North American Free Trade Agreement (NAFTA) of 1994—came into effect. This timely book by the author of the preeminent guide to NAFTA and an active participant and private sector advocate in the USMCA negotiation and legislative process provides a chapter-by-chapter analysis of the new agreement, clearly describing what has changed from the earlier agreement and what is new. After a concise but expertly calibrated summary of NAFTA, the author proceeds systematically through a practical analysis of each USMCA provision, emphasizing such crucial new elements as the following: new rules on intellectual property rights; stricter rules of origin within the automotive industry; major reforms in Mexican labor laws and their enforceability; opening of Canada’s agricultural and dairy sector to more U.S. competition; entirely new chapter on digital trade; new dispute mechanisms; requirement of an increased minimum wage in auto plants; and a new chapter on environmental standards. Changes in such important aspects of trade as textiles and apparel, ownership of hydrocarbons, cross-border trade in services, and anticorruption measures are also fully described. The USMCA is a response to a United States initiative to renegotiate NAFTA. As a key regional trade agreement with vast global ramifications, familiarity with its content and rules is essential for all business, legal, policymaking, and academic parties concerned with international trade. This useful practical guide will be a welcome addition to private and corporate libraries, including corporate counsel, customs brokers, freight forwarders, logistics and import-export managers, government officials, and academics who need a thorough understanding of the new agreement.

Translating Property

Translating Property
Author: María E. Montoya
Publisher: University Press of Kansas
Total Pages: 341
Release: 2005-05-15
Genre: History
ISBN: 0700613811

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.