Wednesday, January 6, 2010
Eduardo Penalver and Sonia Katyal have a new book with Yale University Press entitled Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership. See www.propertyoutlaws.com
“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.”
Here are blurbs about the book:
Praise for Property Outlaws
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