Property rights and efforts to curb state appropriation of private properties for public purposes have always held high status on the political agenda of the US and many other nations that feature a corporate capitalist economic system. In addition to this, over the last several decades conservative libertarian and neo-liberal groups have put constitutional demands for greater property protection on the agendas of courts in several countries. Studying property rights mobilization in both domestic and comparative contexts, the contributors to this volume bring a range of social science perspectives to address three primary issues: the contours and characteristics of property rights mobilizations; the degree to which property rights movements have influenced development of law in demonstrable ways; and the broader cultural, social and economic implications of modern-era property rights litigation and legal mobilizations. This will be a key text for anyone working within or interested in property rights.
About the Author
Wayne McIntosh is an Associate Professor and Associate Department Chair in the Department of Government and Politics at the University of Maryland, College Park. Laura Hatcher is an Assistant Professor in the Department of Political Science at Southern Illinois University Carbondale.
Table of Contents
Contents: Introduction, Wayne V. McIntosh and Laura J. Hatcher; Part I Legal Mobilizations, Social Change, and Property Rights: Courts matter: the Supreme Court, social change, and the mobilization of property rights interests, David Schultz; Legal mobilization and US Supreme Court decision making in property and civil rights cases, 1978-2003, Rebecca U. Thorpe, Michael C. Evans, Stephen A. Simon and Wayne V. McIntosh; Kelo v New London, the Institute for Justice and the idea of economic development takings, William R. Wilkerson; The rights behind eminent domain fights; a little property and a lot of home, Debbie Becher. Part II Neoliberalism Abroad and Propertization: Breaking the sound barrier: the propertization of spectrum resources and implications for non-profit community radio in Guatemala, Victoria L. Henderson; Transnational perspective on human genetics and property rights mobilizations of indigenous peoples, Andrea Boggio; Juridical takings in NAFTA: disputing investors in the world of 'free trade', Gabrielle E. Clark and Christine B. Harrington. Part III Bureaucratic Legality, Conflict, and the Meaning of Property: The limits of Kelo; bureaucratic legality and adversarial conflict in land use regulation, Richard A. Brisbin Jr, Susan Hunter and Kevin M. Leyden; The regulatory response to the legal mobilization of property rights: an institutional analysis of regulatory decision-making, Darren Botello-Samson; From 'wasteland' to 'wetland': Palazzolo, neoliberalism, and changing practices of coastal regulation, Laura J. Hatcher; Bibliography; Index.