Property Rights and Neoliberalism

Author: Laura J. Hatcher
Publisher: Routledge
ISBN: 1317074629
Format: PDF, ePub, Mobi
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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.

Special Issue

Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1784412384
Format: PDF, ePub, Docs
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This special issue of Studies in Law, Politics and Society focuses on law and the liberal state; presenting an interdisciplinary and multifaceted approach to analysis of law and liberty. The first chapters focus on law's relationship with the American liberal state, while the remaining papers consider specific applications of the law within society

Neoliberal Legality

Author: Honor Brabazon
Publisher: Routledge
ISBN: 1134843453
Format: PDF, ePub, Docs
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Neoliberalism has been studied as a political ideology, an historical moment, an economic programme, an institutional model, and a totalising political project. Yet the role of law in the neoliberal story has been relatively neglected, and the idea of neoliberalism as a juridical project has yet to be considered. That is: neoliberal law and its interrelations with neoliberal politics and economics has remained almost entirely neglected as a subject of research and debate. This book provides a systematic attempt to develop a holistic and coherent understanding of the relationship between law and neoliberalism. It does not, however, examine law and neoliberalism as fixed entities or as philosophical categories. And neither is its objective to uncover or devise a ‘law of neoliberalism’. Instead, it uses empirical evidence to explore and theorise the relationship between law and neoliberalism as dynamic and complex social phenomena. Developing a nuanced concept of ‘neoliberal legality’, neoliberalism, it is argued here, is as much a juridical project as a political and economic one. And it is only in understanding the juridical thrust of neoliberalism that we can hope to fully comprehend the specificities, and continuities, of the neoliberal period as a whole.

The Oxford Handbook of State and Local Government

Author: Donald P. Haider-Markel
Publisher: OUP Oxford
ISBN: 0191611964
Format: PDF, ePub
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The Oxford Handbook of State and Local Government is an historic undertaking. It contains a wide range of essays that define the important questions in the field, evaluate where we are in answering them, and set the direction and terms of discourse for future work. The Handbook will have a substantial influence in defining the field for years to come. The chapters critically assess both the key works of state and local politics literature and the ways in which the sub-field has developed. It covers the main areas of study in subnational politics by exploring the central contributions to the comparative study of institutions, behavior, and policy in the American context. Each chapter outlines an agenda for future research.

Regulatory Takings and the Environment

Author: Darren Botello-Samson
Publisher: Lfb Scholarly Pub Llc
ISBN: 9781593324001
Format: PDF, ePub
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Botello-Samson reconceptualizes the relationship between regulatory agencies and regulatory takings litigation. By analyzing the impact of such litigation on the implementation of two federal environmental statutes, the Surface Mining Control and Reclamation Act and the Endangered Species Act, the author uncovers institutionalized characteristics of these regulatory regimes which insulate policy decision-making from the forces of a chilling effect. While these characteristics do not prevent a chilling effect, they do direct an understanding of regulatory takings litigation away from a total focus on economic costs and toward a focus on the hermeneutic and relational contexts that shape expectations of property use in a legally pluralistic environment.

Justifying Intellectual Property

Author: Robert P. Merges
Publisher: Harvard University Press
ISBN: 0674049489
Format: PDF, ePub
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In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.

Keywords for American Cultural Studies Second Edition

Author: Bruce Burgett
Publisher: NYU Press
ISBN: 0814725317
Format: PDF, ePub
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Since its initial publication, scholars and students alike have turned to Keywords for American Cultural Studies as an invaluable resource for understanding key terms and debates in the fields of American studies and cultural studies. As scholarship has continued to evolve, this revised and expanded second edition offers indispensable meditations on new and developing concepts used in American studies, cultural studies, and beyond. It is equally useful for college students who are trying to understand what their teachers are talking about, for general readers who want to know what’s new in scholarly research, and for professors who just want to keep up. Designed as a print-digital hybrid publication, Keywords collects more than 90 essays—30 of which are new to this edition—from interdisciplinary scholars, each on a single term such as “America,” “culture,” “law,” and “religion.” Alongside “community,” “prison,” "queer," “region,” and many others, these words are the nodal points in many of today’s most dynamic and vexed discussions of political and social life, both inside and outside of the academy. The Keywords website, which features 33 essays, provides pedagogical tools that engage the entirety of the book, both in print and online. The publication brings together essays by scholars working in literary studies and political economy, cultural anthropology and ethnic studies, African American history and performance studies, gender studies and political theory. Some entries are explicitly argumentative; others are more descriptive. All are clear, challenging, and critically engaged. As a whole, Keywords for American Cultural Studies provides an accessible A to Z survey of prevailing academic buzzwords and a flexible tool for carving out new areas of inquiry.

A Brief History of Neoliberalism

Author: David Harvey
Publisher: OUP Oxford
ISBN: 019162294X
Format: PDF, Docs
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Neoliberalism - the doctrine that market exchange is an ethic in itself, capable of acting as a guide for all human action - has become dominant in both thought and practice throughout much of the world since 1970 or so. Its spread has depended upon a reconstitution of state powers such that privatization, finance, and market processes are emphasized. State interventions in the economy are minimized, while the obligations of the state to provide for the welfare of its citizens are diminished. David Harvey, author of 'The New Imperialism' and 'The Condition of Postmodernity', here tells the political-economic story of where neoliberalization came from and how it proliferated on the world stage. While Thatcher and Reagan are often cited as primary authors of this neoliberal turn, Harvey shows how a complex of forces, from Chile to China and from New York City to Mexico City, have also played their part. In addition he explores the continuities and contrasts between neoliberalism of the Clinton sort and the recent turn towards neoconservative imperialism of George W. Bush. Finally, through critical engagement with this history, Harvey constructs a framework not only for analyzing the political and economic dangers that now surround us, but also for assessing the prospects for the more socially just alternatives being advocated by many oppositional movements.

Not Enough

Author: Samuel Moyn
Publisher: Harvard University Press
ISBN: 067498482X
Format: PDF, ePub, Mobi
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The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice. In a pioneering history of rights stretching back to the Bible, Not Enough charts how twentieth-century welfare states, concerned about both abject poverty and soaring wealth, resolved to fulfill their citizens’ most basic needs without forgetting to contain how much the rich could tower over the rest. In the wake of two world wars and the collapse of empires, new states tried to take welfare beyond its original European and American homelands and went so far as to challenge inequality on a global scale. But their plans were foiled as a neoliberal faith in markets triumphed instead. Moyn places the career of the human rights movement in relation to this disturbing shift from the egalitarian politics of yesterday to the neoliberal globalization of today. Exploring why the rise of human rights has occurred alongside enduring and exploding inequality, and why activists came to seek remedies for indigence without challenging wealth, Not Enough calls for more ambitious ideals and movements to achieve a humane and equitable world.

Globalists

Author: Quinn Slobodian
Publisher: Harvard University Press
ISBN: 0674919785
Format: PDF, ePub, Mobi
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Neoliberals hate the state. Or do they? In the first intellectual history of neoliberal globalism, Quinn Slobodian follows a group of thinkers from the ashes of the Habsburg Empire to the creation of the World Trade Organization to show that neoliberalism emerged less to shrink government and abolish regulations than to redeploy them at a global level. Slobodian begins in Austria in the 1920s. Empires were dissolving and nationalism, socialism, and democratic self-determination threatened the stability of the global capitalist system. In response, Austrian intellectuals called for a new way of organizing the world. But they and their successors in academia and government, from such famous economists as Friedrich Hayek and Ludwig von Mises to influential but lesser-known figures such as Wilhelm Röpke and Michael Heilperin, did not propose a regime of laissez-faire. Rather they used states and global institutions—the League of Nations, the European Court of Justice, the World Trade Organization, and international investment law—to insulate the markets against sovereign states, political change, and turbulent democratic demands for greater equality and social justice. Far from discarding the regulatory state, neoliberals wanted to harness it to their grand project of protecting capitalism on a global scale. It was a project, Slobodian shows, that changed the world, but that was also undermined time and again by the inequality, relentless change, and social injustice that accompanied it.