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.


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.


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.


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.


Family Properties

Family Properties

Author: Beryl Satter

Publisher: Macmillan + ORM

Published: 2010-03-02

Total Pages: 344

ISBN-13: 1429952601

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Part family story and part urban history, a landmark investigation of segregation and urban decay in Chicago -- and cities across the nation The "promised land" for thousands of Southern blacks, postwar Chicago quickly became the most segregated city in the North, the site of the nation's worst ghettos and the target of Martin Luther King Jr.'s first campaign beyond the South. In this powerful book, Beryl Satter identifies the true causes of the city's black slums and the ruin of urban neighborhoods throughout the country: not, as some have argued, black pathology, the culture of poverty, or white flight, but a widespread and institutionalized system of legal and financial exploitation. In Satter's riveting account of a city in crisis, unscrupulous lawyers, slumlords, and speculators are pitched against religious reformers, community organizers, and an impassioned attorney who launched a crusade against the profiteers—the author's father, Mark J. Satter. At the heart of the struggle stand the black migrants who, having left the South with its legacy of sharecropping, suddenly find themselves caught in a new kind of debt peonage. Satter shows the interlocking forces at work in their oppression: the discriminatory practices of the banking industry; the federal policies that created the country's shameful "dual housing market"; the economic anxieties that fueled white violence; and the tempting profits to be made by preying on the city's most vulnerable population. Family Properties: Race, Real Estate, and the Exploitation of Black Urban America is a monumental work of history, this tale of racism and real estate, politics and finance, will forever change our understanding of the forces that transformed urban America. "Gripping . . . This painstaking portrayal of the human costs of financial racism is the most important book yet written on the black freedom struggle in the urban North."—David Garrow, The Washington Post