In the summer of 1900, a zeppelin stayed aloft for a full eighteen minutes above Lake Constance and mankind found itself at the edge of a new world. Where many saw hope and the dawn of another era, one man saw a legal conundrum. Charles C. Moore, an obscure New York lawyer, began an inquiry that Stuart Banner returns to over a century later: in the age of airplanes, who can lay claim to the heavens? The debate that ensued in the early twentieth century among lawyers, aviators, and the general public acknowledged the crucial challenge new technologies posed to traditional concepts of property. It hinged on the resolution of a host of broader legal issues being vigorously debated that pertained to the fine line between private and public property. To what extent did the Constitution allow the property rights of the nationâe(tm)s landowners to be abridged? Where did the common law of property originate and how applicable was it to new technologies? Where in the skies could the boundaries between the power of the federal government and the authority of the states be traced? Who Owns the Sky is the first book to tell this forgotten story of elusive property. A collection of curious tales questioning the ownership of airspace and a reconstruction of a truly novel moment in the history of American law, Bannerâe(tm)s book reminds us of the powerful and reciprocal relationship between technological innovation and the lawâe"in the past as well as in the present.
The impact of antitrust law on sports is in the news all the time, especially when there is labor conflict between players and owners, or when a team wants to move to a new city. And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing about it-that baseball is exempt. In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seen through the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball is exempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball has consistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America. As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball's exemption from antitrust law-that makes no sense at all.
The social sciences have sophisticated models of choice and equilibrium but little understanding of the emergence of novelty. Where do new alternatives, new organizational forms, and new types of people come from? Combining biochemical insights about the origin of life with innovative and historically oriented social network analyses, John Padgett and Walter Powell develop a theory about the emergence of organizational, market, and biographical novelty from the coevolution of multiple social networks. They demonstrate that novelty arises from spillovers across intertwined networks in different domains. In the short run actors make relations, but in the long run relations make actors. This theory of novelty emerging from intersecting production and biographical flows is developed through formal deductive modeling and through a wide range of original historical case studies. Padgett and Powell build on the biochemical concept of autocatalysis--the chemical definition of life--and then extend this autocatalytic reasoning to social processes of production and communication. Padgett and Powell, along with other colleagues, analyze a very wide range of cases of emergence. They look at the emergence of organizational novelty in early capitalism and state formation; they examine the transformation of communism; and they analyze with detailed network data contemporary science-based capitalism: the biotechnology industry, regional high-tech clusters, and the open source community.
Presents the collections of the National Air and Space Museum, revealing the stories behind such artifacts as the Spirit of St. Louis and the Enola Gay, and provides inside information on the development of the museum's collection.
In this, the first book to deal with the concepts of war power and police power together, Mark Neocleous conducts a critical exploration of the ways in which war power and police power are intertwined in the form of state violence and exercised in social
The Freedom of Peaceful Action is the first installment of the trilogy The Nature of Liberty, which makes an ethical philosophic case for individual liberty and the free market against calls for greater government regulation and control. The trilogy makes a purely secular and nonreligious ethical case for the individual’s rights to life, liberty, private property, and the pursuit of happiness as championed by the U.S. Founding Fathers. Inspired by such philosophic defenders of free enterprise as John Locke, Herbert Spencer, and Ayn Rand, The Nature of Liberty shows that such individual rights are not imaginary or simply assertions, but are institutions of great practical value, making prosperity and happiness possible to the degree that society recognizes them. The trilogy demonstrates the beneficence of the individual-rights approach by citing important findings in the emerging science of evolutionary psychology. Although the conclusions of evolutionary psychology have been long considered to be at odds with the philosophies of individual liberty and free markets, The Nature of Liberty presents a reconciliation that reveals their ultimate compatibility, as various important findings of evolutionary psychology, being logically applied, confirm much of what philosophic defenders of liberty have been saying for centuries. Moreover, proceeding from the viewpoint of Rand, this work argues that the structure of society most conducive to practical human well-being is commensurately the most moral and humane approach as well. The trilogy’s first installment, The Freedom of Peaceful Action, focuses on the secular, philosophic foundation for a society based on individual rights. Starting from a defense of the efficacy of observational reason against criticisms from Immanuel Kant and Karl Popper, it demonstrates how a philosophic position of individual liberty and free markets is the logical result of the consistent application of human reason to observing human nature. This installment demonstrates that any political system that wishes for its citizens to thrive must take human nature into account, and that an accounting of human nature reveals that a system of maximum liberty and property protection is the one must conducive to peace and human well-being.
An account of the history of circumnavigation and how it has influenced the way people think about the Earth, profiling the early quests of famous historical figures, and the innovations that enabled world travel.
Twenty-five new runways would eliminate most air travel delays in America; fifty patent owners are blocking a major drug company from creating a cancer cure; 90 percent of our broadcast spectrum sits idle while American cell phone service suffers. These problems have solutions that can jump-start innovation and help save our troubled economy. So, what's holding us back? Michael Heller, a leading authority on property, reveals that while private ownership creates wealth, too much ownership means that everyone loses. Startling and accessible, The Gridlock Economy offers insights on how we can overcome this preventable paradox.
Beginning in the 1860s, the Russian Empire replaced a poll tax system that originated with Peter the Great with a modern system of income and excise taxes. Russia began a transformation of state fiscal power that was also underway across Western Europe and North America. States of Obligation is the first sustained study of the Russian taxation system, the first to study its European and transatlantic context, and the first to expose the essential continuities between the fiscal practices of the Russian Empire and the Soviet Union. Using a wealth of materials from provincial and local archives across Russia, Yanni Kotsonis examines how taxation was simultaneously a revenue-raising and a state-building tool, a claim on the person and a way to produce a new kind of citizenship. During successive political, wartime, and revolutionary crises between 1855 and 1928, state fiscal power was used to forge social and financial unity and fairness and a direct relationship with individual Russians. State power eventually overwhelmed both the private sector economy and the fragile realm of personal privacy. States of Obligation is at once a study in Russian economic history and a reflection on the modern state and the modern citizen.
A delirious collection of short stories from the Latin American master of micro-fiction. A delirious collection of short stories from the Latin American master of microfiction, César Aira–the author of at least eighty novels, most of them barely one hundred pages long–The Musical Brain & Other Stories comprises twenty tales about oddballs, freaks, and loonies. Aira, with his fuga hacia adelante or "flight forward" into the unknown, gives us imponderables to ponder and bizarre and seemingly out-of-context plot lines, as well as thoughtful and passionate takes on everyday reality. The title story, first published in the New Yorker, is the creme de la creme of this exhilarating collection.
What is property? Stuart Banner here offers a guided tour through the many manifestations, and innumerable uses, of property throughout American history. From indigenous culture to our genes, from one’s celebrity to Internet content, American Property reveals how our ideas of ownership evolve to suit our ever-changing needs.
The Principles and Practice of International Aviation Law provides an introduction to, and demystification of, the private and public dimensions of international aviation law. Unlike other global sectors, the air transport industry is not governed by a discrete area of the law, but by disparate transnational regulatory instruments. Everything from the routes that an international air carrier can serve to the acquisition of its fleet and its liability to passengers and shippers for incidents arising from its operations can be the object of bilateral and multilateral treaties that represent diverse and often contradictory interests. Beneath this are hundreds of domestic regulatory regimes that also apply national and international rules in disparate ways. The result is an agglomeration of legal cultures that can leave even experienced lawyers and academics perplexed. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.
The recent Hollywood film -Hidden Figures- presents a portrait of how African-American women shaped the U.S. effort in aerospace during the height of Jim Crow. In -Storming the Heavens-, Gerald Horne presents the necessary back story to this story and goes further to detail the earlier struggle of African-Americans to gain the right to fly. This struggle involved pioneers like Bessie Coleman, who traveled to World War I era Paris in order to gain piloting skills that she was denied in her U.S. homeland; and John Robinson, from Chicago via Mississippi, who traveled to 1930s Ethiopia where he was the leading pilot for this beleaguered African nation as it withstood an invasion from fascist Italy, became the personal pilot of His Imperial Majesty, Haile Selassie and became a founder of Ethiopian Airways, which to this very day is Africa's most important carrier. Additionally, Horne adds nuance to the oft told tale of the Tuskegee Airmen but goes further to discuss the role of U.S. pilots during the Korean war in the early 1950s. He also tells the story of how and why U.S. airlines were fought when they began to fly into South Africa--and how planes from this land of apartheid were protested when they landed at U.S. airports. This riveting story climaxes with the launching of the Soviet satellite, Sputnik, in 1957 which marked a new stage in the battle for aerospace and helps to convince the U.S. that the centuries-long fixation on the -race race- was hampering the new challenge represented by the -space race.- This conflict was unfolding as the battle to desegregate public schools in Little Rock, Arkansas was spotlighting, globally, the bleeding wound that was Jim Crow and sheds light on how and why depriving African-Americans of skills and education was causing the nation to fall behind. Thus, in this embattled context, barriers are broken and African-Americans who once endured inferior conditions on planes and in airports and in airport manufacturing facilities alike, gained added impetus in their decades long struggle to win the right to fly.
How an Hispano community maintained its identity over four centuries Located in Albuquerque’s south valley, Atrisco is a vibrant community that predates the city, harking back to a land grant awarded in 1692. Joseph P. Sánchez explores the evolution of this parcel over the four centuries since the first Spanish settlers arrived. He tracks its transformation from an individual to a community grant, peeling away the layers of historical events that have made Atrisco the last piece of undeveloped real estate in a growing metropolitan area. Sánchez examines the creation of Atrisco as a frontier community during the Spanish and Mexican periods and shows how it maintained its identity and land ownership into the American era. He describes the historical processes of colonization, land tenures and transfers, and social and economic activity. He also assesses the transfer of the land grant to a private corporation and its subsequent fate, and considers Atrisco’s role in the future of Albuquerque. Today more than 30,000 New Mexicans are descended from the early settlers of Atrisco; and because few places in the United States have retained their Spanish and Mexican influences as have the New Mexican land grants, the history of Atrisco offers a unique perspective. Sánchez’s study preserves Atrisco’s origins as part of that area’s Hispano heritage, depicting people who learned to defend their culture against outside challenges and embedding local history in a larger regional saga.
From one of our most influential journalists, here is a timely, vital, and illuminating account of the next stage of China’s modernization—its plan to rival America as the world’s leading aerospace power and to bring itself from its low-wage past to a high-tech future. In 2011, China announced its twelfth Five-Year Plan, which included the commitment to spend a quarter of a trillion dollars to jump-start its aerospace industry. In China Airborne, James Fallows documents, for the first time, the extraordinary scale of China’s project, making clear how it stands to catalyze the nation’s hyper-growth and hyper-urbanization, revolutionizing China in ways analogous to the building of America’s transcontinental railroad in the nineteenth century. Completing this remarkable picture, Fallows chronicles life in the city of Xi’an, home to 250,000 aerospace engineers and assembly-line workers, and introduces us to some of the hucksters, visionaries, entrepreneurs, and dreamers who seek to benefit from China’s pursuit of aeronautical supremacy. He concludes by explaining what this latest demonstration of Chinese ambition means for the United States and for the rest of the world—and the right ways for us to respond.