Destabilized Property

Destabilized Property
Author: Shelly Kreiczer-Levy
Publisher: Cambridge University Press
Total Pages: 201
Release: 2019-11-14
Genre: Law
ISBN: 1108475272

This book studies the rise of access over ownership and the sharing economy's challenges to the liberal vision of property.

Colored Property

Colored Property
Author: David M. P. Freund
Publisher: University of Chicago Press
Total Pages: 528
Release: 2010-04-13
Genre: Social Science
ISBN: 0226262774

Northern whites in the post–World War II era began to support the principle of civil rights, so why did many of them continue to oppose racial integration in their communities? Challenging conventional wisdom about the growth, prosperity, and racial exclusivity of American suburbs, David M. P. Freund argues that previous attempts to answer this question have overlooked a change in the racial thinking of whites and the role of suburban politics in effecting this change. In Colored Property, he shows how federal intervention spurred a dramatic shift in the language and logic of residential exclusion—away from invocations of a mythical racial hierarchy and toward talk of markets, property, and citizenship. Freund begins his exploration by tracing the emergence of a powerful public-private alliance that facilitated postwar suburban growth across the nation with federal programs that significantly favored whites. Then, showing how this national story played out in metropolitan Detroit, he visits zoning board and city council meetings, details the efforts of neighborhood “property improvement” associations, and reconstructs battles over race and housing to demonstrate how whites learned to view discrimination not as an act of racism but as a legitimate response to the needs of the market. Illuminating government’s powerful yet still-hidden role in the segregation of U.S. cities, Colored Property presents a dramatic new vision of metropolitan growth, segregation, and white identity in modern America.

A Liberal Theory of Property

A Liberal Theory of Property
Author: Hanoch Dagan
Publisher: Cambridge University Press
Total Pages: 343
Release: 2021-04-15
Genre: Law
ISBN: 1108311067

Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.

Principles of Property Law

Principles of Property Law
Author: Alison Clarke
Publisher: Cambridge University Press
Total Pages: 751
Release: 2020-06-11
Genre: Law
ISBN: 1107090539

A radical new analysis of fundamental property principles which enables students to make sense of an exciting and fast-developing subject.

A Land Apart

A Land Apart
Author: Flannery Burke
Publisher: University of Arizona Press
Total Pages: 425
Release: 2017-05-02
Genre: History
ISBN: 081653618X

Winner, Spur Award for Best Contemporary Nonfiction (Western Writers of America) A Land Apart is not just a cultural history of the modern Southwest—it is a complete rethinking and recentering of the key players and primary events marking the Southwest in the twentieth century. Historian Flannery Burke emphasizes how indigenous, Hispanic, and other non-white people negotiated their rightful place in the Southwest. Readers visit the region’s top tourist attractions and find out how they got there, listen to the debates of Native people as they sought to establish independence for themselves in the modern United States, and ponder the significance of the U.S.-Mexico border in a place that used to be Mexico. Burke emphasizes policy over politicians, communities over individuals, and stories over simple narratives. Burke argues that the Southwest’s reputation as a region on the margins of the nation has caused many of its problems in the twentieth century. She proposes that, as they consider the future, Americans should view New Mexico and Arizona as close neighbors rather than distant siblings, pay attention to the region’s history as Mexican and indigenous space, bear witness to the area’s inequalities, and listen to the Southwest’s stories. Burke explains that two core parts of southwestern history are the development of the nuclear bomb and subsequent uranium mining, and she maintains that these are not merely a critical facet in the history of World War II and the militarization of the American West but central to an understanding of the region’s energy future, its environmental health, and southwesterners’ conception of home. Burke masterfully crafts an engaging and accessible history that will interest historians and lay readers alike. It is for anyone interested in using the past to understand the present and the future of not only the region but the nation as a whole.

Law and Administration

Law and Administration
Author: Carol Harlow
Publisher: Cambridge University Press
Total Pages: 957
Release: 2021-07-22
Genre: Law
ISBN: 1009040200

Law and Administration takes a contextual approach to administrative law, setting law and legal rules in the context of the social, political and economic forces that shape the law, and of the complex constitutional framework in which contemporary administrative law operates. This book contains a full account of judicial review, the traditional heartland of administrative law, and adds to this by taking into account the concerns of government, officials and agencies who operate and shape the law. It also looks at the possible future of administrative law in an increasingly automated and digitalised world. A fully revised and updated new edition, this book includes new case studies of regulatory agencies and government contracting to develop understanding of law in practice.

Dispute Processes

Dispute Processes
Author: Michael Palmer
Publisher: Cambridge University Press
Total Pages: 433
Release: 2020-07-09
Genre: Law
ISBN: 1107070546

This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.

Kinship, Law and Politics

Kinship, Law and Politics
Author: Joseph E. David
Publisher: Cambridge University Press
Total Pages: 171
Release: 2020-07-02
Genre: Law
ISBN: 1108603572

Why are we so concerned with belonging? In what ways does our belonging constitute our identity? Is belonging a universal concept or a culturally dependent value? How does belonging situate and motivate us? Joseph E. David grapples with these questions through a genealogical analysis of ideas and concepts of belonging. His book transports readers to crucial historical moments in which perceptions of belonging have been formed, transformed, or dismantled. The cases presented here focus on the pivotal role played by belonging in kinship, law, and political order, stretching across cultural and religious contexts from eleventh-century Mediterranean religious legal debates to twentieth-century statist liberalism in Western societies. With his thorough inquiry into diverse discourses of belonging, David pushes past the politics of belonging and forces us to acknowledge just how wide-ranging and fluid notions of belonging can be.

A Philosophical Introduction to Human Rights

A Philosophical Introduction to Human Rights
Author: Thomas Mertens
Publisher: Cambridge University Press
Total Pages: 313
Release: 2020-09-24
Genre: Political Science
ISBN: 1108244394

While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights – accessibly written without being superficial – addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied.

Rules and Practices of International Investment Law and Arbitration

Rules and Practices of International Investment Law and Arbitration
Author: Yannick Radi
Publisher: Cambridge University Press
Total Pages: 581
Release: 2020-10-29
Genre: Law
ISBN: 1108916090

International investment law and arbitration is its own 'galaxy', made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues. While it has been expanding over the past few decades in quantitative terms, this galaxy is now developing new traits as a reaction to the criticisms formulated across civil society in relation to the protection of public interest. This textbook enables readers to master and make sense of this galaxy in motion. It offers an up-to-date, comprehensive and detailed analysis of the rules and practices which form international investment law and arbitration, covering its substantive, institutional and procedural aspects. Using analytical and practice-oriented approaches, it provides analyses accessible to readers discovering this field anew, while it offers a wealth of in-depth studies to those who are already familiar with it.