Private Property Rights: The Development of Takings in the United States

2002 ◽  
Vol 17 (2) ◽  
pp. 195-233 ◽  
Author(s):  
Gerard J. Mangone

AbstractConstraints upon the uses of private property in the United States have increased very far beyond the doctrines of Grotius, Locke, Blackstone, and the framers of the Constitution. In the 19th century, both public nuisance limitations and eminent domain takings were applied to particular holdings, with the latter requiring compensation under the Fifth Amendment. The New Deal of the 1930s and the envirommental movement of the 1960s radically changed the relationship of government to private property. Sweeping economic reforms and the exercise of broad regulatory powers by public agencies for a clean environment and biological diversity led to a wholesale "taking" of private property without compensation. Recent cases of the Supreme Court involving wetlands and coastal property reveal the tensions that exist between sovereign power for the public good and the protection of individual property as a bulwark against arbitrary government.

Author(s):  
Amanda Lucia

Hinduism came to the United States first in the American imagination and only second with emissaries and immigrants from India. The initial features of Hinduism that captivated North American audiences were those that were lauded for their compatibility with Protestant Christianity and those that were derided for their incompatibility with the same. The Hinduism that flourished in the North American context drew heavily from the neo-Vedantic theology of monism, which was propagated by Hindu reform movements in the 19th century. This monism drew on simplified Upaniṣadic teachings of the similitude of Ātman (the essence of self) and Brahman (the essence of the universe) and from this claimed that the same divinity comprises all of existence. Many of the early Hindu emissaries to the United States drew on ideological confluences between Christian and Hindu universalism. They diminished the importance of temple and domestic rituals, sacrifice, personal devotion to the multiplicity of Hindu deities, and priestly class and caste hierarchies among their North American audiences. In the 20th century, increasing populations of Indian Hindus immigrated to the United States and began to challenge this narrative. These Hindus were not gurus or yogis who were interested in developing followings among white audiences. They were families concerned about maintaining their cultural and religious traditions. They also came from diverse regions of India, and they brought their sectarian and regional practices and devotions with them. After the 1965 Immigration and Naturalization Act, Indian Hindus worked diligently to create community networks by establishing temples and religious organizations. These religious spaces provided the infrastructure to maintain and further ethnic identities as well. In most cases, Hindu temples and organizations continue to be internally focused on providing resources to communities of Indian Hindus, such as language and scripture instruction, social support networks, ethnic food, and pan-Indian and regional festivals and events. While most temples are open to non-Indian Hindus, traditional Hinduism is not a proselytizing religion, and few non-Indians convert to Hinduism formally. ISKCON (International Society for Krishna Consciousness) temples are the only Hindu temples in the United States that sometimes have proportionate numbers of Indians and non-Indians worshipping together. Outside traditional forms of home altars, temple worship, and festivals, there are many ways in which Hinduism has influenced American culture. The guru movements that flourished in the countercultural spiritual experimentation of the long decade of the 1960s continue to draw followers today. In fact, the guru field in the United States has diversified significantly, and many gurus have established successful ashram communities across the nation. Some gurus became mired in scandal in the 1970s and 1980s, but still they have survived and in some cases thrived. The New Age movement of the 1990s also brought rekindled interest in Hinduism, often recoded as Indian spirituality, and this has sponsored a new wave of gurus and their teachings and the rampant expansion of postural yoga practice in the United States.


Antiquity ◽  
1999 ◽  
Vol 73 (279) ◽  
pp. 176-183 ◽  
Author(s):  
Laurent Olivier

In contemporary scientific research, the most marked result of the last 30 years has been the development of a specifically American science and its emancipation from the old European intellectual heritage of the 19th century and the interwar period. This movement, marked in archaeology by the birth of the New Archaeology in the 1960s and 1970s, followed by the anti-processual reaction of the 1980s and 1990s, has been accompanied by a process of globalization of the archaeological discipline, leading to the unification of methods and theory. The birth of a world market dominated by the United States, characterized by mass consumption and the hegemony of the economic over the political, has imposed new practices of archaeology, which post-processual scholars have been quick to exploit.


Author(s):  
Alex Elkins

Rioting in the United States since 1800 has adhered to three basic traditions: regulating communal morality, defending community from outside threats, and protesting government abuse of power. Typically, crowds have had the shared interests of class, group affiliation, geography, or a common enemy. Since American popular disorder has frequently served as communal policing, the state—especially municipal police—has had an important role in facilitating, constraining, or motivating unrest. Rioting in the United States retained strong legitimacy and popular resonance from 1800 to the 1960s. In the decades after the founding, Americans adapted English traditions of restrained mobbing to more diverse, urban conditions. During the 19th century, however, rioting became more violent and ambitious as Americans—especially white men—asserted their right to use violence to police heterogeneous public space. In the 1840s and 1850s, whites combined the lynch mob with the disorderly crowd to create a lethal and effective instrument of white settler sovereignty both in the western territories and in the states. From the 1860s to the 1930s, white communities across the country, particularly in the South, used racial killings and pogroms to seize political power and establish and enforce Jim Crow segregation. Between the 1910s and the 1970s, African Americans and Latinos, increasingly living in cities, rioted to defend their communities against civilian and police violence. The frequency of rioting declined after the urban rebellions of the 1960s, partly due to the militarization of local police. Yet the continued use of aggressive police tactics against racial minorities has contributed to a surge in rioting in US cities in the early 21st century.


2020 ◽  
Vol 1 (1) ◽  
pp. 141-153
Author(s):  
Adolphus G. Belk ◽  
Robert C. Smith ◽  
Sherri L. Wallace

In general, the founders of the National Conference of Black Political Scientists were “movement people.” Powerful agents of socialization such as the uprisings of the 1960s molded them into scholars with tremendous resolve to tackle systemic inequalities in the political science discipline. In forming NCOBPS as an independent organization, many sought to develop a Black perspective in political science to push the boundaries of knowledge and to use that scholarship to ameliorate the adverse conditions confronting Black people in the United States and around the globe. This paper utilizes historical documents, speeches, interviews, and other scholarly works to detail the lasting contributions of the founders and Black political scientists to the discipline, paying particular attention to their scholarship, teaching, mentoring, and civic engagement. It finds that while political science is much improved as a result of their efforts, there is still work to do if their goals are to be achieved.


2018 ◽  
Vol 48 (4) ◽  
pp. 403-440 ◽  
Author(s):  
Jérôme Lamy

The TOPEX/POSEIDON satellite mission to observe the oceans triggered the formation of the new specialty of space oceanography from the 1970s to 1990s. Previously, in the 1960s in the United States, traditional oceanographers had shown little interest in the possibilities of space and thus space engineers and physicists worked on the first missions (Seasat in particular). TOPEX/POSEIDON brought together two projects, one American (TOPEX) and the other French (POSEIDON). The gradual crystallization of the disciplinary specialty of space oceanography occurred by making available a platform of instruments able to meet an ensemble of varied needs. Battery failures just before the launch of the joint mission meant that the mission had to focus on the essentials (notably El Niño effects). Subsequently, the discovery of a significant rise in sea levels due to global warming resulted in space oceanography becoming a recognized specialty. The case of TOPEX/POSEIDON shows the original ways in which instruments gained a place in the very large range of oceanographic techniques.


2020 ◽  
Vol 21 (3) ◽  
pp. 648-680
Author(s):  
SHANE HAMILTON

A range of private and public institutions emerged in the United States in the years before and after the Great Depression to help farmers confront the inherent uncertainty of agricultural production and marketing. This included a government-owned and operated insurance enterprise offering “all-risk” coverage to American farmers beginning in 1938. Crop insurance, initially developed as a social insurance program, was beset by pervasive problems of adverse selection and moral hazard. As managers and policy makers responded to those problems from the 1940s on, they reshaped federal crop insurance in ways that increasingly made the scheme a lever of financialization, a means of disciplining individual farmers to think of farming in abstract terms of risk management. Crop insurance became intertwined with important changes in the economic context of agriculture by the 1960s, including the emergence of the “technological treadmill,” permanently embedding financialized risk management into the political economy of American agriculture.


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