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An Introduction to Property Theory
An introduction to the leading modern theories of property and applies those theories to concrete contexts in which property issues have been especially controversial.
Property Outlaws
Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.
The Religious Left and Church-State Relations
In The Religious Left and Church-State Relations, noted constitutional law scholar Steven Shiffrin argues that the religious left, not the secular left, is best equipped to lead the battle against the religious right on questions of church and state in America today. Explaining that the chosen rhetoric of secular liberals is poorly equipped to argue against religious conservatives, Shiffrin shows that all progressives, religious and secular, must appeal to broader values promoting religious liberty. He demonstrates that the separation of church and state serves to protect religions from political manipulation while tight connections between church and state compromise the integrity of religi...
Strata Title Property Rights
Multi-owned properties make up an ever-increasing proportion of commercial, tourist and residential development, in both urban and rural landscapes around the world. This book critically analyses the legal, social and economic complexities of strata or community title schemes. At a time when countries such as Australia and the United States turn ever larger areas into strata title/condominiums and community title/homeowner associations, this book shows how governments, the judiciary and citizens need to better understand the ramifications of these private communities. Whilst most strata title analysis has been technical, focusing on specific sections of legislation, this book provides higher...
Refusal, Transition and Post-apartheid Law
Refusal, Transition and Post-apartheid Law under editorship of professor Karin van Marle is indeed long overdue. As some of the authors in the relevant contributions to this publication rightly point out, Van Marle?s call for a ?jurisprudence of generosity?, enabled through an ?ethics of refusal?, signals a new shift in South African jurisprudence. Through the lens of Van Marle?s ethics of refusal and her jurisprudence of generosity, the articles present fresh and meaningful interpretations in respect of a range of very relevant topics ranging from property theory and a rethinking of human rights, to the role of forgiveness and the dangers inherent in modern technology.
We Make Each Other Beautiful
We Make Each Other Beautiful focuses on woman of color and queer of color artists and artist collectives who engage in direct political action as a part of their art practice. Defined by public protest, rule-breaking, rebellion, and resistance to governmental and institutional abuse, direct-action "artivism" draws on the aims, radical spirit, and tactics of the civil rights and feminist movements and on the struggles for disability rights, queer rights, and immigrant rights to seek legal and social change. Yxta Maya Murray traces the development of artivism as a practice from the Harlem Renaissance to Yoko Ono, Judy Baca, and Marsha P. Johnson. She also studies its role in transforming law and society. We Make Each Other Beautiful profiles the work and lives of four contemporary artivists —Carrie Mae Weems, Young Joon Kwak, Tanya Aguiñiga, and Imani Jacqueline Brown—and the artivist collective Drawn Together, combining new oral histories with sharp analyses of how their diverse and expansive artistic practices bear important aesthetic and politicolegal meanings that address a wide range of injustices.
The Children of Undocumented Immigrants
The Migration Policy Institute released a fact sheet in 2016, stating that children born in the U.S. of a parent or parents who are undocumented immigrants, are placed at a severe disadvantage in life. This data was collected from 5.1 million children who are living with an unauthorized immigrant parent. Researchers found that these children are likely not to be enrolled in preschool, are likely to be held in a socioeconomic level that keeps them from developing and gaining access to resources, and are likely to fail in English proficiency that is necessary to move ahead in life. Place on top of that, the stress that their parent might be deported at any minute. These children are at risk, w...
Refuge in the Lord
"In this overarching portrait of three decades of U.S. immigration reform, the author focuses on the roles, on the one hand, of presidents from Reagan to Obama, and on the other, of Catholic immigration advocates, shedding light on the relationship between debates over immigration policy and broader domestic politics"--Provided by publisher.
Critical Urban Theory, Common Property, and “the Political”
Dan Webb explores an undervalued topic in the formal discipline of Political Theory (and political science, more broadly): the urban as a level of political analysis and political struggles in urban space. Because the city and urban space is so prominent in other critical disciplines, most notably, geography and sociology, a driving question of the book is: what kind of distinct contribution can political theory make to the already existing critical urban literature? The answer is to be found in what Webb calls the "properly political" approach to understanding political conflict as developed in the work of thinkers like Chantal Mouffe, Jodi Dean, and Slavoj Žižek. This "properly political...
