Property Rights: Rights and Liberties under the Law

(Hardback)

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A survey of the evolution of property rights in the U.S.--from Constitutional protections and due process to "private" property rights and government "takings" doctrines. Today, "Get off my property!" is a common command. Yesterday one could say, "Take your hands off my property!" when someone grabbed a slave. But what about intellectual property, and property rights on the internet and in biotechnology This book will show readers how America's unique and complicated property laws came about. Government regulation of private property has ranged from periods of almost no government interference to intrusive rules and legislation. This book explores the Constitutional underpinnings of property rights, addressing such important subjects as post-colonial changes to the laws of inheritance, Native American land rights, slaves as property, land distribution during the westward expansion, and the restriction of land ownership to U.S. citizens. Of particular interest to today's readers are government regulation of private property for environmental purposes, the right of individuals to exclude others from their property, challenges to zoning regulations, and intellectual property rights in cyberspace. Also discussed are, restrictions on demonstrations taking place on public property, and the development of the "commercial space" doctrines in First Amendment cases.

Reviews

"This is a great and easy-to-read overview of what property is; it will be a suitable addition to collections on land use, law, and property rights. Highly recommended. All levels." - Choice "This book provides a history of major debates concerning the constitutional status of property rights through the decisions of the United States Supreme Court. Providing a chronological sequence of topics and events, Price explains concepts and cases clearly and succinctly within the context of a historical essay ... Aimed for a general audience, the book is suitable for high school, junior college, and freshman and sophomore college students in addition to the general public." - American Reference Books Annual

Author Bio

Polly J. Price is professor of law at Emory University, Atlanta, GA.