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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.
The Fast Track Land Reform Programme in Zimbabwe has emerged as a
highly contested reform process both nationally and
internationally. The image of it has all too often been that of the
widespread displacement and subsequent replacement of various
people, agricultural-related production systems, facets and
processes. The reality, however, is altogether more complex.
Providing new and much-needed empirical research, this in-depth
book examines how processes such as land acquisition, allocation,
transitional production outcomes, social life, gender and tenure,
have influenced and been influenced by the forces driving the
programme. It also explores the ways in which the land reform
programme has created a new agrarian structure based on small- to
medium-scale farmers. In attempting to resolve the problematic
issues the reforms have raised, the author argues that it is this
new agrarian formation which provides the greatest scope for
improving Zimbabwe's agriculture and development. Based on a
broader geographical scope than any previous study carried out on
the subject, this is a landmark work on a subject of considerable
controversy.
No area of law and policy is more central to our well-being than
housing, yet research on the topic is too often produced in
disciplinary or methodological silos that fail to connect to policy
on the ground. This pathbreaking book, which features leading
scholars from a range of academic fields, cuts across disciplines
to forge new connections in the discourse. In accessible prose
filled with cutting-edge ideas, these scholars address topics
ranging from the recent financial crisis to discrimination and
gentrification and show how housing law and policy impacts
household wealth, financial markets, urban landscapes, and local
communities. Together, they harness evidence and theory to capture
the 'state of play' in housing, generating insights that will be
relevant to academics and policymakers alike. This title is also
available as Open Access.
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