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.

Cato Handbook for Policymakers

Cato Handbook for Policymakers
Author: Cato Institute
Publisher: Cato Institute
Total Pages: 698
Release: 2008
Genre: Law
ISBN: 1933995912

Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.

Property Rights and the Constitution

Property Rights and the Constitution
Author: Dennis J. Coyle
Publisher: State University of New York Press
Total Pages: 406
Release: 1993-07-01
Genre: Political Science
ISBN: 1438400004

Controversies over public regulation of private land have dominated political agendas in recent years, especially at the local level. Land use and environmental regulation have reached unprecedented levels, and federal and state courts have garnered recent headlines by striking down regulations. Rights and regulations are on a collision course, and how they are reconciled will have a major impact on individuals, governments, and communities in the decades ahead. This book is the first systematic attempt to assess key constitutional developments in the land use field during the last decade in state and federal supreme courts. It highlights important trends, including the growing role of state supreme courts, attacks on regulation as exclusionary, and the emergence of the takings clause of the Fifth Amendment as a potentially major limitation on governmental power.

The End of Ownership

The End of Ownership
Author: Aaron Perzanowski
Publisher: MIT Press
Total Pages: 262
Release: 2018-03-16
Genre: Law
ISBN: 0262535246

An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace. If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation—as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.

Property and Freedom

Property and Freedom
Author: Richard Pipes
Publisher: Vintage
Total Pages: 346
Release: 2007-12-18
Genre: Political Science
ISBN: 0307427358

"A superb book about a topic that should be front and center in the American political debate" (National Review), from the acclaimed Harvard scholar and historian of the Russian Revolution An exploration of a wide range of national and political systems to demonstrate persuasively that private ownership has served over the centuries to limit the power of the state and enable democratic institutions to evolve and thrive in the Western world. Beginning with Greece and Rome, where the concept of private property as we understand it first developed, Richard Pipes then shows us how, in the late medieval period, the idea matured with the expansion of commerce and the rise of cities. He contrasts England, a country where property rights and parliamentary government advanced hand-in-hand, with Russia, where restrictions on ownership have for centuries consistently abetted authoritarian regimes; finally he provides reflections on current and future trends in the United States. Property and Freedom is a brilliant contribution to political thought and an essential work on a subject of vital importance.

Property and the Constitution

Property and the Constitution
Author: Janet McLean
Publisher: Hart Publishing
Total Pages: 297
Release: 1999-08-23
Genre: Law
ISBN: 1841130559

Papers from a July 1998 conference, written by public lawyers, property lawyers, and legal philosophers, examine public dimensions of private property. Contributors consider whether property is a human right, and look at its role in making responsible citizens, its relationship to freedom of speech, constitutional protections of private property, and attempts to redress historical wrongs by property settlements to indigenous people. The editor is former director of the New Zealand Institute of Public Law, and a lecturer at the University of Auckland, New Zealand. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

Owning the Street

Owning the Street
Author: Amelia Thorpe
Publisher: MIT Press
Total Pages: 348
Release: 2020-12-15
Genre: Social Science
ISBN: 0262360918

How local, specific, and personal understandings about belonging, ownership, and agency intersect with law to shape the city. In Owning the Street, Amelia Thorpe examines everyday experiences of and feelings about property and belonging in contemporary cities. She grounds her account in an empirical study of PARK(ing) Day, an annual event that reclaims street space from cars. A popular and highly recognizable example of DIY Urbanism, PARK(ing) Day has attracted considerable media attention, but has not yet been the subject of close scholarly examination. Focusing on the event's trajectories in San Francisco, Sydney, and Montreal, Thorpe addresses this gap, making use of extensive interview data, field work, and careful reflection to explore these tiny, temporary, and often transformative interventions. PARK(ing) Day is based on a creative interpretation of the property producible by paying a parking meter. Paying a meter, the event’s organizers explained, amounts to taking out a lease on the space; while most “lessees” use that property to store a car, the space could be put to other uses—engaging politics (a free health clinic for migrant workers, a same sex wedding, a protest against fossil fuels) and play (a dance floor, giant Jenga, a pocket park). Through this novel rereading of everyday regulation, PARK(ing) Day provides an example of the connection between belief and action—a connection at the heart of Thorpe’s argument. Thorpe examines ways in which local, personal, and materially grounded understandings about belonging, ownership, and agency intersect with law to shape the city. Her analysis offers insights into the ways in which citizens can shape the governance of urban space, particularly in contested environments. The book's foreword is by Davina Cooper, Research Professor in Law at King’s College London.

The Right to Privacy

The Right to Privacy
Author: Samuel D. Brandeis, Louis D. Warren
Publisher: BoD – Books on Demand
Total Pages: 42
Release: 2018-04-05
Genre: Fiction
ISBN: 3732645487

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Property Rights

Property Rights
Author: Terry L. Anderson
Publisher: Princeton University Press
Total Pages: 412
Release: 2003
Genre: Law
ISBN: 9780691099989

In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).