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Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership
 
 
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Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership [Paperback]

Eduardo M. Penalver (Author), Sonia Katyal (Author)
5.0 out of 5 stars  See all reviews (3 customer reviews)

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Book Description

February 16, 2010 0300122950 978-0300122954

Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society.

 

The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.


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Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership + Looking Back at Law's Century + The Common Place of Law: Stories from Everyday Life (Chicago Series in Law and Society)
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Editorial Reviews

Review

Property Outlaws is a great and deep read on how the violation of property rights -- from trespassing to sit-ins to copyright infringement -- have been critical to the evolution of "the law of ownership." --Cory Doctorow, BoingBoing

Written by two legal scholars, one an expert in real property law, the other in IP law, the book is a thoughtful rebuttal to the notion that property is absolute and trespassers are always "thieves." --Fred von Lohmann, EFF

"This book offers an excellent examination of this tension (between property and property law) and chronicles the past acts of disobedience that have led to improvements in the realm of property law as we now know it."--Marie Templo Capule, Law Library Journal
(Marie Templo Capule Law Library Journal )

From the Back Cover

Property Outlaws offers a sparkling account of the ways in which lawbreaking can both strengthen and reshape the law. Peñalver and Katyal remind us that virtue can be found both in provocation and enforcement -- and that a society wins when neither has carte blanche.
--Jonathan Zittrain, Professor of Law, Harvard Law School, and Co-Founder, Berkman Center for Internet & Society

A powerful thesis, gracefully articulated.
--Tim Wu, Columbia Law School


We have needed this book for a long time. For the first time, two legal scholars have woven the history of civil disobedience with the development of property law in both tangible and intangible forms. This book will be essential to understanding the complex relationship between norms and laws, and the ways that media events influence both. It's written in a lively and accessible manner. My students will benefit greatly from it.
--Siva Vaidhyanathan, The University of Virginia

From the illegal occupation of tribal and federal lands by white squatters to the Indian occupation of Alcatraz Island, from the lunch counter sit-ins to the online posting of a major civil rights film without consent of the filmmaker, Peñalver and Katyal show how those excluded from property have shaped property law and ultimately social life by intentionally infringing on the rights of owners. A major achievement.
--Joseph William Singer, Bussey Professor of Law, Harvard Law School


Eduardo Peñalver and Sonia Katyal offer a challenging and insightful account of disobedience and boundary-skirting in property law. Linking real and intellectual property law, Property Outlaws shows how such resistance can and should affect our concepts of law, as well as justice.
--Rebecca Tushnet, Georgetown Law School

Product Details

  • Paperback: 304 pages
  • Publisher: Yale University Press (February 16, 2010)
  • Language: English
  • ISBN-10: 0300122950
  • ISBN-13: 978-0300122954
  • Product Dimensions: 9.1 x 6.1 x 0.8 inches
  • Shipping Weight: 15.2 ounces (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (3 customer reviews)
  • Amazon Best Sellers Rank: #1,202,371 in Books (See Top 100 in Books)

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2 of 2 people found the following review helpful:
5.0 out of 5 stars A major achievement, January 18, 2010
This review is from: Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership (Paperback)
From the illegal occupation of tribal and federal lands by white squatters to the Indian occupation of Alacraz Island, from the lunch counter sit-ins to the online posting of a major civil rights film without consent of the filmmaker, Peñalver and Katyal show how those excluded from property have shaped property law and ultimately social life by intentionally infringing on the rights of owners. A major achievement.
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2 of 3 people found the following review helpful:
5.0 out of 5 stars Out-laws is In-spiring, February 1, 2010
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This review is from: Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership (Paperback)
This book is essential reading for all who care about social justice and human rights. It reminds us that the status quo must be constantly questioned, challenged and reinvented to maximize just outcomes. This brilliant manifesto is an evidence-based call to action for anyone seeking to make positive change in the world. In an era of scarce and unevenly allocated resources, this book brings to light the value of disobedience to challenge failing norms and the power of marginalized individuals to change--and even improve--the legal and social order. A must-have on both the advocates' and scholars' shelves.
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5.0 out of 5 stars Law-breakers as Law-makers, January 27, 2010
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This review is from: Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership (Paperback)
This is a beautifully executed and engrossing book about one of American society's greatest enigmas - its tolerance of those who break property laws. It is a must-read for anyone interested in land, intellectual property, or other inquiry into who has (or who can grab) what.
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