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Articles 1 - 9 of 9
Full-Text Articles in Law
Cultural Property: “Progressive Property In Action”, J. Peter Byrne
Cultural Property: “Progressive Property In Action”, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
Cultural property law fulfills many of the normative and jurisprudential goals of progressive property theory. Cultural property limits the normal prerogatives of owners in order to give legal substance to the interests of the public or of specially protected non-owners. It recognizes that preservation of and access to heritage resources advance public values such as cultural enrichment and community identity. The proliferation of cultural property laws and their acceptance by courts has occurred despite a resurgent property fundamentalism embraced by the Supreme Court. Thus, this Article seeks to explicate the category of cultural property, its fulfillment of progressive theory, and …
Expropriation In The Name Of Rights: Transferable Development Rights (Tdrs), The Bundle Of Sticks And Chinese Politics, Shitong Qiao
Expropriation In The Name Of Rights: Transferable Development Rights (Tdrs), The Bundle Of Sticks And Chinese Politics, Shitong Qiao
Faculty Scholarship
Through an in-depth empirical investigation, this article discloses for the first time how and why land reform programs in the name of empowering and enriching farmers have been serving the purpose of Chinese local governments to compromise the rights revolution in the Chinese national expropriation regime. The concept of “transferable development rights” (TDRs) is simple: development rights from one parcel of land are lifted up and transferred to another. Upon a detailed examination of land tickets in Chongqing and Chengdu, the southwestern Chinese application of TDRs, this article reveals that local governments in both cities have created schemes of land …
The Evolution Of Relational Property Rights: A Case Of Chinese Rural Land Reform, Shitong Qiao, Frank Upham
The Evolution Of Relational Property Rights: A Case Of Chinese Rural Land Reform, Shitong Qiao, Frank Upham
Faculty Scholarship
The most notable, or at least the most noted, form of property evolution has been the transfer of exclusive rights from collectives to individuals and vice versa, such as the farm collectivization in Soviet Union and the establishment of the People’s Communes in Mao’s China and their reversals. Such radical moments, however, constitute only a small part of history. For the most part, property rights evolve quietly and incrementally, which is hard to explain if we take exclusive rights as the core of property, or, to put it more generally, if we are focusing solely on the question of who …
Article 27 And Mexican Land Reform: The Legacy Of Zapata's Dream, James J. Kelly
Article 27 And Mexican Land Reform: The Legacy Of Zapata's Dream, James J. Kelly
James J. Kelly Jr.
This student note takes an historical look at indigenous land tenure in Mexico and the role that limited alienability has played in sustaining indigenous agriculture from the time of the Aztecs up until the reforms enacted by the Salinas administration in Mexico in the early 1990's. As the piece was in edits, the Zapatista rebellion broke out and the text was amended to note the role that land tenure played in the uprising.
Moral Economy And The Upper Peasant: The Dynamics Of Land Privatization In The Mekong Delta, Timothy Gorman
Moral Economy And The Upper Peasant: The Dynamics Of Land Privatization In The Mekong Delta, Timothy Gorman
Department of Sociology Faculty Scholarship and Creative Works
This paper examines how people mobilize around notions of distributive justice, or ‘moral economies’, to make claims to resources, using the process of post‐socialist land privatization in the Mekong Delta region of southern Vietnam as a case study. First, I argue that the region's history of settlement, production, and political struggle helped to entrench certain normative beliefs around landownership, most notably in its population of semi‐commercial upper peasants. I then detail the ways in which these upper peasants mobilized around notions of distributive justice to successfully press demands for land restitution in the late 1980s, drawing on Vietnamese newspapers and …
Article 27 And Mexican Land Reform: The Legacy Of Zapata's Dream, James J. Kelly
Article 27 And Mexican Land Reform: The Legacy Of Zapata's Dream, James J. Kelly
Journal Articles
This student note takes an historical look at indigenous land tenure in Mexico and the role that limited alienability has played in sustaining indigenous agriculture from the time of the Aztecs up until the reforms enacted by the Salinas administration in Mexico in the early 1990's. As the piece was in edits, the Zapatista rebellion broke out and the text was amended to note the role that land tenure played in the uprising.
Does "Food For Peace" Assistance Damage The Bolivian Economy?, Melvin Burke
Does "Food For Peace" Assistance Damage The Bolivian Economy?, Melvin Burke
School of Economics Faculty Scholarship
Do commodity surplus shipments in fact "encourage economic development in the developing countries ... that are determined to improve their own agricultural production ... "?1 Or conversely, is it true that "food aid is damaging to the countries which receive it, and they should be helped to increase the productivity of their own farmers"?2 The former Bolivian Minister of Petroleum, Marcelo Quiroga, who was largely responsible for the nationalization of the Gulf Oil subsidiary in his country, apparently believes "Food for Peace" aid is damaging to the Bolivian economy.
Land Reform In The Lake Titicaca Region, Melvin Burke
Land Reform In The Lake Titicaca Region, Melvin Burke
School of Economics Faculty Scholarship
Bolivia's National Revolutionary party (MNR) seized power in April 1952 and a year and a half later in August 1953 promulgated the agrarian reform law, which redistributed the land of the haciendas to the former Indian tenants and others. This comparative economic study of the haciendas and ex-haciendas in the Lake Titicaca region of Bolivia and Peru was undertaken to answer three important, but largely unresolved, questions about land reform: (1 ) Which land-tenure system-large estates or small peasant farms-affords the agriculture laborers and cultivators the greater freedom of mobility, opportunity, income, and education? (2) Did the Land-tenancy conditions of …
Latin-American Land Reform: The Uses Of Confiscation, Kenneth L. Karst
Latin-American Land Reform: The Uses Of Confiscation, Kenneth L. Karst
Michigan Law Review
This article examines the legislative techniques for taking land, showing their confiscatory operation. For many lawyers, the analysis would then be easily completed: confiscation is wrongful and must be condemned. Rejecting the implicit absolutism of that conclusion, this article inquires into the justifications that can be pleaded on behalf of selective confiscation as an aid in solving some of Latin America's economic and social ills.