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Property Rights
Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U....
The Law of Property
Reliable source on property laws surveys estates in land-;present, future, and concurrent, comparable interests in personalty, landlord and tenant law, and rights against neighbors and other third persons. Also examines easements and profits, running covenants, governmental controls on land use, land contracts, conveyances, titles, and recording systems. Contains footnote citations to leading court decisions for easy location of primary authority.
Who Owns Culture?
It is not uncommon for white suburban youths to perform rap music, for New York fashion designers to ransack the world's closets for inspiration, or for Euro-American authors to adopt the voice of a geisha or shaman. But who really owns these art forms? Is it the community in which they were originally generated, or the culture that has absorbed them? While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this le...
Public Lands and Political Meaning
The history of the American West is a history of struggles over land, and none has inspired so much passion and misunderstanding as the conflict between ranchers and the federal government over public grazing lands. Drawing upon neglected sources from organized ranchers, this is the first book to provide a historically based explanation for why the relationship between ranchers and the federal government became so embattled long before modern environmentalists became involved in the issue. Reconstructing the increasingly contested interpretations of the meaning of public land administration, Public Lands and Political Meaning traces the history of the political dynamics between ranchers and ...
The Taking Issue
"A study of the constitutional limits of governmental authority to regulate the use of privately-owned land without paying compensation to the owners."--T.p.
Private Property and the Constitution
The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought its...
The Taking Issue
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Deregulatory Takings and the Regulatory Contract
This 1998 book addresses deregulatory policies termed 'deregulatory takings' that threaten private property in network industries without compensation.
Judicially Crafted Property Rights in Valuable Intangibles
Apostolos G. Chronopoulos addresses the doctrinal contentions surrounding the doctrine of misappropriation while offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.
