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Full-Text Articles in Law
Finding A Right To The City: Exploring Property And Community In Brazil And In The United States, Ngai Pindell
Finding A Right To The City: Exploring Property And Community In Brazil And In The United States, Ngai Pindell
Vanderbilt Journal of Transnational Law
Increasing poor people's access to property and shelter in urban settings raises difficult questions over how to define property and, likewise, how to communicate who is entitled to legal property protections. An international movement--the right to the city--suggests one approach to resolving these questions. This Article primarily explores two principles of the right to the city--the social function of property and the social function of the city--to consider how to better achieve social and economic justice for poor people in urban areas. Using Brazil as one example of a country incorporating these principles within constitutional and statutory provisions and employing …
Competing Claims: The Struggle For Title In Nicaragua, Michael Roche
Competing Claims: The Struggle For Title In Nicaragua, Michael Roche
Vanderbilt Journal of Transnational Law
Nicaragua's Sandinista Revolution of the 1980s left the country's property scheme in a state of disarray. For eleven years, the leftist Sandinista government instituted mass land confiscations and agrarian reform that caused many individuals to lose their property and flee the country. The transition to democracy begun in 1990 has been a difficult process for the country's new presidents who have been forced to reconcile competing claims and fight corruption from within their own ranks. In this Note, the Author examines the property legacy created by the Sandinista Revolution. With another round of presidential elections scheduled for November 2006, the …
Historic Preservation In Southeast Asia: The Role Of Public-Private Partnerships, Patrick Stough
Historic Preservation In Southeast Asia: The Role Of Public-Private Partnerships, Patrick Stough
Vanderbilt Journal of Transnational Law
The role of globalization in the rapid economic success of Southeast Asia is exemplified by the growing westernization of the region's cities. While globalization has its benefits, such as encouraging investment and global connectivity, it also threatens the cultural heritage of a given area by encouraging a sort of homogeneity that makes modern cities all look alike. In particular, the goal of economic development often stands at odds with the preservation of structures and properties that reflect the cultural heritage of the region. Furthermore, many of the countries of the region are under pressure to better protect property rights, another …