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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law
The U.S. Supreme Court ruling in Johnson v. McIntosh established
the basic principles that govern American Indian property rights to
this day. In the case, more than one Anglo-American purchaser
claimed title to the same land in what is now southern Illinois.
The Piankeshaw Indians had deeded the land twice-once to
speculators in 1775, and again, thirty years later, to the United
States by treaty. The Court decided in favor of William McIntosh,
who had bought the land from the U.S. government. Writing for the
majority, Chief Justice John Marshall declared that the "discovery"
of America had given "exclusive title to those who made it"-namely,
the European colonizers. According to Johnson, the Piankeshaws did
not own what they thought was their land. Indeed, no Indian tribe
did. Buying America from the Indians offers a comprehensive
historical and legal overview of Native land rights since the
European "discovery" of the New World. Watson sets the case in rich
historical context. After tracing Anglo-American views of Native
land rights to their European roots, Blake A. Watson explains how
speculative ventures in Native lands affected not only Indian
peoples themselves but the causes and outcomes of the French and
Indian War, the American Revolution, and ratification of the
Articles of Confederation. He then focuses on the transactions at
issue in Johnson between the Illinois and Piankeshaw Indians, who
sold their homelands, and the future shareholders of the United
Illinois and Wabash Land Companies. The final chapters highlight
the historical legacy of Johnson v. McIntosh on federal policy with
regard to Indian lands. Taught to first-year law students as the
root of title for real property in the United States, the case has
also been condemned by the United Nations and others as a
Eurocentric justification for the subjugation of North American
indigenous peoples. Watson argues that the United States should
formally repudiate the discovery doctrine set forth in Johnson v.
McIntosh. The thorough backstory and analysis in this book will
deepen our understanding of one of the most important cases in both
federal Indian law and American property law.
Concentrate Q&A Land Law is part of the Concentrate Q&A
series, the result of a collaboration involving hundreds of law
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An exploration of the relationship between possession and
legalization across Indonesia, and how people navigate
dispossession The old aphorism "possession is nine-tenths of the
law" is particularly relevant in Indonesia, which has seen a string
of regime changes and a shifting legal landscape for property
claims. Ordinary people struggle to legalize their possessions and
claim rights in competition with different branches of government,
as well as police, army, and private gangs. This book explores the
relationship between possession and legalization across Indonesia,
examining the imaginative and improvisational interpretations of
law by which Indonesians navigate dispossession.
Complete Land Law is supported by clear author commentary, choice
extracts, and useful learning features. The explanations and
examples in this textbook have been crafted to help students hone
their understanding of land law. The Complete titles are ambitious
in their scope; they've been carefully developed with teachers to
offer law students more than just a presentation of the key
concepts. Instead they offer a complete package. Only by building
on the foundations of the subject, by showing how the law works,
demonstrating its application through extracts from cases and
judgments, and by giving students the tools and the confidence to
think critically about the law will they gain a complete
understanding. Digital formats and resources The sixth edition is
available for students and institutions to purchase in a variety of
formats, and is supported by online resources. - The e-book offers
a mobile experience and convenient access along with functionality
tools, navigation features and links that offer extra learning
support: www.oxfordtextbooks.co.uk/ebooks - The online resources
that support the book include: - Guidance for answering
end-of-chapter questions in the book - Self-test questions with
instant feedback - A flashcard glossary of key terms - Web links to
useful websites
Land ownership in India has always been a risky proposition. The
hitherto unfettered power of acquisition and the refusal of the
Parliament to recognize the right to own property as a fundamental
one, had emboldened the state to stake claim on any land it saw
fit. However, in the years 2012-2014, the Government of India
embarked on an exercise to not just amend but to rewrite the law on
acquisition. This process saw the radical polarization of public
opinion into two sharp sides -those who saw acquisition as a
necessary tool to India's development (given the absence of other
mechanisms guaranteeing clear title), and those who were sharply
opposed to an archaic relic that defied the rule of law. This book
attempts to explain the rationale employed behind each and every
provision by the then Minister and his Principle Aide who helped
draft the law. The book is a firsthand account of the challenges
faced and the factors that drove the decisions in regulating the
State's approach to a resource that is arguably the most important
in a land deficit people surplus nation.
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