Money,Mortgages, and the Conquest of America

In colonial America, land acquired new liquidity when it became liable for debts. Though English property law maintained a firm distinction between land and chattel for centuries, in the American colonies, the boundary between the categories of real and personal property began to disintegrate. There, the novelty of easy foreclosure and consequent easy alienation of land made it possible for colonists to obtain credit, using land as a security. However, scholars have neglected the first instances in which a newly unconstrained practice of mortgage foreclosure appeared—the transactions through which colonists acquired land from indigenous people in the first place. In this article, I explore these early transactions for land, which took place across fundamental differences between colonists’ and native communities’ conceptions of money, land, and exchange itself. I describe how difference and dependence propelled the growth of the early American contact economy to make land into real estate, or the fungible commodity on the speculative market that it remains today.     

Contesting Legality in Authoritarian Contexts: Food Safety,Rule of Law and China's Networked Public Sphere

Since the introduction of the Internet, China's networked public sphere has become a critical site in which various actors compete to shape public opinion and promote or forestall legal and political change. This paper examines how members of an online public, the Tianya Forum, conceptualized and discussed law in relation to a specific event, the 2008 Sanlu milk scandal. Whereas previous studies suggest the Chinese state effectively controls citizens' legal consciousness via propaganda, this analysis shows that the construction of legality by the Tianya public was not a top‐down process, but a complex negotiation involving multiple parties. The Chinese state had to compete with lawyers and outspoken media to frame and interpret the scandal for the Tianya public and it was not always successful in doing so. Data show further how the online public framed the food safety incident as indicative of fundamental problems rooted in China's political regime and critiqued the state's instrumental use of law.     

Value Recapture: A Rose by Another Name

The fuel crisis, increased federal funding, and urban center development and redevelopment are all increasing the pressure for rapid transit systems in urban areas. As with other publicly funded developments, such systems often lead to an increase in value of privately owned land near transit stations. This is due to the enhanced commercial, industrial, and residential development potential created by superior access and concurrent generation of intense local activity. Such an increase in value is unearned-a windfall, in essence. Arguably, it should accrue, at least in part, to the public agency which incurred substantial expenditures in developing the public facility-the cause of the value increase in the first place. Such an accrual of value could be offset against the public cost of the improvement. This article deals with several proposed methods of such “value recapture”: “excess” or “supplemental” condemnation, tax assessment, intergovernmental cooperation and air rights development.     

Restitution or compensation: The open property question

German unification brought in train the principle of restitution, that property in the east should be restored to its former owners where that property had changed hands after 1945, or between 1933 and 1945, other than through ordinary commercial transaction or gift. This essentially backwards‐looking measure was bound to come into conflict with the need to promote investment in east Germany in the present and future, as well as to overcome the profound gulf which the years of division brought. The article examines property restitution in the general context of unification, and draws comparisons with revaluation legislation in the 1920s and the equalisation of burdens in the 1950s.     

Canadian prime ministers in the house of commons: Patterns of intervention

This paper explores the parliamentary activity of six Canadian prime ministers from St Laurent to Mulroney. Employing Hansard, each parliamentary utterance by a prime minister from 1949 to 1993 has been coded into one of four categories: answers to questions, speeches delivered, statements made and other interventions. Voting records have also been coded. Employing this database, the analysis compares and contrasts the prime ministers in terms of their political personalities and explores the overall scope and character of prime‐ministerial activism in the House throughout the past 40 years. Canadian profiles are compared with already existing British data in order to test generalisations concerning the diminishing presence of prime ministers in parliaments in Canada and Britain.