Land Man And The Law

From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.

A modern nation in a state of total disorder, Colombia is an international flashpoint—wracked by more than half a century of civil war, political conflict, and drug-trade related violence—despite a multibillion dollar American commitment that makes it the third-largest recipient of U.S. foreign aid. Law in a Lawless Land offers a rare and penetrating insight into the nature of Colombia's present peril. In a nuanced account of the human consequences of a disintegrating state, anthropologist Michael Taussig chronicles two weeks in a small town in Colombia's Cauca Valley taken over by paramilitaries that brazenly assassinate adolescent gang members. Armed with automatic weapons and computer-generated lists of names and photographs, the paramilitaries have the tacit support of the police and even many of the desperate townspeople, who are seeking any solution to the crushing uncertainty of violence in their lives. Concentrating on everyday experience, Taussig forces readers to confront a kind of terror to which they have become numb and complacent. "If you want to know what it is like to live in a country where the state has disintegrated, this moving book by an anthropologist well known for his writings on murderous Colombia will tell you."—Eric Hobsbawm

During the Hudson Bay Company's years, when trapping and tradingwere the only concerns of the few white occupants of British Columbia,land tenure was of little interest and few provisions were made for it.With the arrival of settlers, the officers of the colony were forced toact. Encouraging settlement, forestalling speculation, and securingrevenue were the three aims of Colonial and early Provinciallegislature. This book examines their success in the face of rapidexploitation of natural resources.

The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities into the Land. Though a relatively "new" field, indigenous jurisprudence is the product of the oldest continuous legal system in the world. Utilising a range of texts – films, novels, poetry, as well as "law stories" CF Black blends legality and narrative in order to redefine jurisprudentia in indigenous terms. This re-definition gives shape to the jurisprudential framework of the book: a shape that is not just abstract, but physical and metaphysical; a shape that is circular and concentric at the same time. The outer circle is the cosmology, so that the human never forgets that they are inside a universe – a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physis is a law based on relationship. This is a relationship that orders the placing of the individual in the innermost circle, and which structures their rights and responsibilities into the land. The jurisprudential texts which inform the theoretical framework of this book bring to our attention the urgent message that the Djang (primordial energy) is out of balance, and that the rebalancing of that Djang is up to the individual through their lawful behaviour, a behaviour which patterns them back into land. Thus, The Land is the Source of the Law concludes not only with a diagnosis of the cause of climate change, but a prescription which offers an alternative legal approach to global health.

Red Man's Land/White Man's Law is a history of the legal status of the American Indians and their land from the period of first contact with Europeans down to the present day. It begins with the efforts of colonial authorities-Spanish, British, and French-to deal with tribal sovereignty and carries the discussion of U. S. -Indian legal relations through the nineteenth and twentieth centuries. Tribal sovereignty was eroded from the very beginning, but more recently it has emerged as a powerful force in American and Canadian law and touches upon many current legal issues, such as land allotment and land claims; definitions of Indian status; hunting, fishing, and water rights; and tribal relations with Congress, the Bureau of Indian Affairs, and the Canadian government. First published in 1971, this second edition contains a new preface and an extensive afterword discussing important legal events and issues in the last twenty-five years, making this a complete, up-to-date survey of legal relations between the United States and the American Indian.

In this sweeping re-investigation of Canadian legal history, Harring shows that Canada has historically dispossessed Aboriginal peoples of even the most basic civil rights.

One of the most pressing issues in contemporary China is the massive rural land takings that have taken place at a scale unprecedented in human history. Expropriation of land has dispossessed and displaced millions for several decades, despite the protection of property rights in the Chinese constitution. Combining meticulous doctrinal analysis with in-depth historical investigation, Chun Peng tracks the origin and evolution of China's rural land takings law over the twentieth century and demonstrates an enduring tradition of land takings for state-led social transformation, under which the takings law is designed to be power-confirming. With changed socio-political circumstances and a new rights-respecting constitutional agenda, a rebalance of the law is now underway, but only within existing parameters. Peng provides a piercing analysis of how land has been used by the largest developing country in the world to develop itself, at what costs and where the future might be.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Singapore deals with the issues related to rights and interests in all kinds of property and assets - immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Singapore will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples. Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law. This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.