“In Defense of Property” Talk from Carpenter, Katyal, and Riley TODAY

At noon today, Kristen Carpenter, Sonia Katyal, and Angela Riley will present their paper “In Defense of Property,” forthcoming from the Yale Law Journal. This presentation is sponsored by MSU College of Law.

Here is the abstract:

This Article advances a comprehensive theory to explain and defend the emergence of indigenous cultural property claims. In doing so, it offers a vigorous response to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property law as a means of protecting indigenous culture and ideas. In our view, cultural property critiques arise largely because of the absence of a comprehensive and countervailing theory of indigenous cultural property. To remedy this absence, this Article articulates a robust theory of indigenous property that challenges the individual rights paradigm animating current property law. Specifically, this piece makes two broad contributions to existing property theory. First, it draws on but departs significantly from Margaret Jane Radin’s groundbreaking work linking property and ‘personhood,’ and defends cultural property claims, in contrast, within a paradigm of ‘peoplehood.’ Second, this piece posits that, whereas individual rights are overwhelmingly advanced by property law’s dominant ownership model, the interests of peoples, particularly indigenous peoples, are more appropriately and powerfully effectuated through a theory of property characterized most aptly by stewardship.

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MicroReview of Campbell’s Book on Sam Ervin

The University of North Carolina Press just published “Senator Sam Ervin, Last of the Founding Fathers,” by Karl E. Campbell (Appalachian State).

Here is a micro-review:

Sen. Ervin was the sponsor of the Indian Civil Rights Act. He was also an ardent opponent of civil rights legislation (ironically as chair of the Subcommittee on Constitutional Rights) and chair of the Senate Watergate hearings. On their face, these two positions seem contradictory, but they really are not. Nevertheless, Prof. Campbell highlights ICRA as an example of Ervin’s civil libertarian streak.

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