American Property

American Property

Author: Stuart Banner

Publisher: Harvard University Press

Published: 2011-07-01

Total Pages: 375

ISBN-13: 0674060822

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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 Claims of Kinfolk

The Claims of Kinfolk

Author: Dylan C. Penningroth

Publisher: UNC Press Books

Published: 2004-07-21

Total Pages: 321

ISBN-13: 0807862134

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In The Claims of Kinfolk, Dylan Penningroth uncovers an extensive informal economy of property ownership among slaves and sheds new light on African American family and community life from the heyday of plantation slavery to the "freedom generation" of the 1870s. By focusing on relationships among blacks, as well as on the more familiar struggles between the races, Penningroth exposes a dynamic process of community and family definition. He also includes a comparative analysis of slavery and slave property ownership along the Gold Coast in West Africa, revealing significant differences between the African and American contexts. Property ownership was widespread among slaves across the antebellum South, as slaves seized the small opportunities for ownership permitted by their masters. While there was no legal framework to protect or even recognize slaves' property rights, an informal system of acknowledgment recognized by both blacks and whites enabled slaves to mark the boundaries of possession. In turn, property ownership--and the negotiations it entailed--influenced and shaped kinship and community ties. Enriching common notions of slave life, Penningroth reveals how property ownership engendered conflict as well as solidarity within black families and communities. Moreover, he demonstrates that property had less to do with individual legal rights than with constantly negotiated, extralegal social ties.


Owning Ideas

Owning Ideas

Author: Oren Bracha

Publisher: Cambridge University Press

Published: 2016-12

Total Pages: 333

ISBN-13: 0521877660

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This book examines the development of the concept of intellectual property in the United States during the nineteenth century.


Cases and Materials on American Property Law

Cases and Materials on American Property Law

Author: Sheldon F. Kurtz

Publisher: West Academic Publishing

Published: 2012-05-11

Total Pages: 0

ISBN-13: 9781634601702

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As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, and outline starter and digital access to leading study aids in that subject and the Gilbert Law Dictionary. This casebook continues its traditional approach to the teaching of property law. The new edition features new cases inserted into almost every chapter of the book, with appropriately updated notes and comments. The opening chapter includes a section of cases designed to hone a student's skill in close case analysis. In its entirety, the book introduces students to a broad spectrum of material traditionally covered in a first-year property course. A voluminous teacher's manual accompanies the book, with briefs of every principal case and extensive notes designed to aid the teacher in advancing classroom discussion on nearly every note in the casebook. For the first time, the teacher's manual includes additional problems and other materials designed to develop professional skills.


Colored Property

Colored Property

Author: David M. P. Freund

Publisher: University of Chicago Press

Published: 2010-04-13

Total Pages: 528

ISBN-13: 0226262774

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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.


They Were Her Property

They Were Her Property

Author: Stephanie E. Jones-Rogers

Publisher: Yale University Press

Published: 2019-02-19

Total Pages: 319

ISBN-13: 0300245106

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Winner of the Los Angeles Times Book Prize in History: a bold and searing investigation into the role of white women in the American slave economy “Stunning.”—Rebecca Onion, Slate “Makes a vital contribution to our understanding of our past and present.”—Parul Sehgal, New York Times “Bracingly revisionist. . . . [A] startling corrective.”—Nicholas Guyatt, New York Review of Books Bridging women’s history, the history of the South, and African American history, this book makes a bold argument about the role of white women in American slavery. Historian Stephanie E. Jones-Rogers draws on a variety of sources to show that slave‑owning women were sophisticated economic actors who directly engaged in and benefited from the South’s slave market. Because women typically inherited more slaves than land, enslaved people were often their primary source of wealth. Not only did white women often refuse to cede ownership of their slaves to their husbands, they employed management techniques that were as effective and brutal as those used by slave‑owning men. White women actively participated in the slave market, profited from it, and used it for economic and social empowerment. By examining the economically entangled lives of enslaved people and slave‑owning women, Jones-Rogers presents a narrative that forces us to rethink the economics and social conventions of slaveholding America.


The Empire Trap

The Empire Trap

Author: Noel Maurer

Publisher: Princeton University Press

Published: 2013-08-25

Total Pages: 571

ISBN-13: 1400846609

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How the United States became an imperial power by bowing to pressure to defend its citizens' overseas investments Throughout the twentieth century, the U.S. government willingly deployed power, hard and soft, to protect American investments all around the globe. Why did the United States get into the business of defending its citizens' property rights abroad? The Empire Trap looks at how modern U.S. involvement in the empire business began, how American foreign policy became increasingly tied to the sway of private financial interests, and how postwar administrations finally extricated the United States from economic interventionism, even though the government had the will and power to continue. Noel Maurer examines the ways that American investors initially influenced their government to intercede to protect investments in locations such as Central America and the Caribbean. Costs were small—at least at the outset—but with each incremental step, American policy became increasingly entangled with the goals of those they were backing, making disengagement more difficult. Maurer discusses how, all the way through the 1970s, the United States not only failed to resist pressure to defend American investments, but also remained unsuccessful at altering internal institutions of other countries in order to make property rights secure in the absence of active American involvement. Foreign nations expropriated American investments, but in almost every case the U.S. government's employment of economic sanctions or covert action obtained market value or more in compensation—despite the growing strategic risks. The advent of institutions focusing on international arbitration finally gave the executive branch a credible political excuse not to act. Maurer cautions that these institutions are now under strain and that a collapse might open the empire trap once more. With shrewd and timely analysis, this book considers American patterns of foreign intervention and the nation's changing role as an imperial power.


Commodity & Propriety

Commodity & Propriety

Author: Gregory S. Alexander

Publisher: University of Chicago Press

Published: 2008-04-15

Total Pages: 496

ISBN-13: 0226013529

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Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.


Property and Dispossession

Property and Dispossession

Author: Allan Greer

Publisher: Cambridge University Press

Published: 2018-01-11

Total Pages: 469

ISBN-13: 1107160642

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Offers a new reading of the history of the colonization of North America and the dispossession of its indigenous peoples.