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Relevant bibliographies by topics / Reservation of ownership

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Academic literature on the topic 'Reservation of ownership'

Author: Grafiati

Published: 4 June 2021

Last updated: 3 February 2022

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Journal articles on the topic "Reservation of ownership"

1

Duliba, Katherine A., Robert J. Kauffman, and Henry C. Lucas. "Appropriating Value from Computerized Reservation System Ownership in the Airline Industry." Organization Science 12, no. 6 (December 2001): 702–28. http://dx.doi.org/10.1287/orsc.12.6.702.10087.

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2

Mancuso, Fulvio. "Una decisio della Rota di Siena: tra leasing e riserva di proprietà all’inizio dell’Età Moderna." TIJDSCHRIFT VOOR RECHTSGESCHIEDENIS 80, no. 3-4 (2012): 415–26. http://dx.doi.org/10.1163/15718190-000a1214.

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A decision of the Rota of Siena: between leasing and reservation of ownership at the beginning of Modern Times. – Late medieval and early-modern legal developments took place in Italy within the general framework of ius commune and iura propria, original legal constructs which present similar features to leasing in English law. These developments can be traced in the doctrinal corpus of the Italian ius commune tradition, but it may be surmised that they also appeared in sources related to legal practice. Thus, a case decided by the Rota of Siena in 1541–1543 shows that contractual forms similar to the leasing and to the emptio–venditio cum reservatione dominii were known and used in Italian practice, at least from the latter part of the 15th century onwards.

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3

Qin, Xiaojing. "Foreign Ownership of Land—Theoretical Challenges and Justifications." World Journal of Social Science Research 7, no. 4 (November 13, 2020): p104. http://dx.doi.org/10.22158/wjssr.v7n4p104.

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This work addresses the theoretical issues pertaining to alien land ownership by devoting systematic attention to the economic, human rights and national security perspectives. It suggests tht an integrated system could be established with respect to states’ regulation on foreign land ownership. Firstly, alien property investors should be granted national treatment regarding land as the internationalization of the real estate market will offer optimum capital utilization and facilitate overall global economic prosperity. Secondly, in the case of investors’ free access to domestic real estate markets, states may maintain flexibility in protecting their public policies with respect to human rights and national security. However, there must be a rational justification for invoking such a reservation. Therefore, alien land law originating from human rights and agricultural security concerns may need to be closely examined to distinguish those regulations which genuinely entail public interest concerns from those which do not. Thirdly, the deep participation of states in the international regime has greatly changed the traditional views towards alien land ownership. If a free real estate market is to be established, the trend of globalization has to be further advanced.

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4

Feir, Donna, Rachel L. Wellhausen, and Calvin Thrall. "Ownership and Trust in Banks: Evidence from the First Bank in an American Indian Nation." AEA Papers and Proceedings 111 (May 1, 2021): 227–32. http://dx.doi.org/10.1257/pandp.20211015.

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In collaboration with an American Indian nation, we conducted a survey that is the first of its kind in Indian Country. The survey explored tribal members' financial experiences in the months before the first bank opened on their reservation. In this article, we connect respondents' reported ex ante trust in banks to their support for the new bank. Descriptively, respondents are highly supportive of the new bank whatever their ex ante trust in banks, but the relationship is nonlinear. Native ownership seems to be particularly silent to those in the middle or low end of the trust distribution.

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Wood, Clinton, and Caroline Clevenger. "A Sampling of Community-Based Housing Efforts at Pine Ridge Indian Reservation." American Indian Culture and Research Journal 36, no. 4 (January 1, 2012): 1–28. http://dx.doi.org/10.17953/aicr.36.4.w4452h107120gt62.

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Pine Ridge Indian Reservation is in need of several thousand houses to alleviate overcrowding and improve living conditions. The United States government has failed to provide appropriate or sufficient housing and other individuals and organizations that have attempted to build homes for the Lakota have met with widely varying results. This paper documents community-based housing activities of fifteen Pine Ridge residents who attempted to implement a variety of construction techniques. The biggest challenges were obtaining and paying for resources and finding competent, reliable labor. The interviewees used local and salvaged materials extensively and worked within the local, informal economy to meet these challenges and address their dissatisfaction with government cluster housing. Findings suggest that local, community-based construction may provide a successful and culturally sustainable strategy for residential construction because it equips builders with a means to earn a living, develops construction skills, establishes a sense of ownership, and provides appropriate housing that enriches lives and builds pride.

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6

Monti, Giorgio, Gilles Nejman, and Wolf J. Reuter. "The Future of Reservation of Title Clauses in the European Community." International and Comparative Law Quarterly 46, no. 4 (October 1997): 866–907. http://dx.doi.org/10.1017/s0020589300061248.

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In an economic climate plagued by the risk of insolvency, sellers will not wish to sell unless they can be sure of getting paid. At the same time most sellers would go out of business if they asked for cash on delivery and did not sell on credit. In Europe one way to combine these conflicting business realities is by selling goods subject to a reservation of title clause or a clause de réserve de propriété or an Eigentumsvorbehalt (hereafter RTC). An RTC may be defined as “merely an agreement between the parties as to the time when ownership is to pass”. By reserving title in the goods sold until they are paid for, it ensures that goods revert to the seller in case of the buyer's insolvency, and hence escape from the hands of the liquidator. The sale fails but the seller's losses are minimised. This is particularly important in the current context of insolvency practice where the legal order for the distribution of assets is very unfavourable to the supplier of goods who does not use an RTC. As an unsecured creditor he will receive any money owed only after the costs of the insolvency procedure and the shares of preferential and secured creditors are subtracted from the assets. He will, in the blunt words of Templemann LJ, ‘receive a raw deal’.

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7

McCarty, T. "School as Community: The Rough Rock Demonstration." Harvard Educational Review 59, no. 4 (December 1, 1989): 484–504. http://dx.doi.org/10.17763/haer.59.4.rq43050082176960.

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Teresa L. McCarty takes us to Rough Rock in the center of the Navajo Reservation, and to a bold experiment in Native American ownership of education. As the first school to be run by a locally elected, all-Indian governing board, and the first to incorporate systematically the native language and culture, it proved to be an influential demonstration of community-based transformation. McCarty describes the changes in Rough Rock's social,economic, and political structures, and examines the relation of these changes to educational outcomes for children. Further, she critiques the irony created by the larger institutional structure of federal funding, which both "enables and constrains genuine control over education by Native American communities."

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8

Kelly, Erin Clover, John C. Bliss, and Hannah Gosnell. "The Mazama returns: the politics and possibilities of tribal land reacquisition." Journal of Political Ecology 20, no. 1 (December 1, 2013): 429. http://dx.doi.org/10.2458/v20i1.21755.

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After years of policies that undermined tribal sovereignty and land ownership, tribal access to traditional lands has expanded in the U.S., with growing opportunities for tribal land reacquisition. This is occurring within the context of changing rural land use, policies, and tenures, as timber and ranch land owners have divested ownership, resulting in greater land availability. This case study explores, through a political ecology lens, trends connecting rising tribal capacity and power with access to traditional lands, and the connections between politics, economics, race, power, and ecological change. This case provides lessons for indigenous land re-acquisition elsewhere, as indigenous groups globally gain access to political decisionmaking processes and seek to reacquire or rehabilitate their traditional homelands. We explore these trends through the case of the Klamath Tribes in south central Oregon, where the recent breakup of formerly industrial timberland has afforded the Tribes the opportunity to purchase the Mazama Tree Farm, a 36,000 ha part of the former Klamath Reservation. Though the Mazama has not (at the time of publication) been purchased by the Klamath Tribes, they have poised themselves to do so through a series of mechanisms that are driven by increasing tribal capacity, including the capacity to manage forests and to conduct successful negotiations over land and water use.Key words: Tribal capacity, forest restoration, American West, rural restructuring, industrial forest use

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9

JohnKilatu, Sr Ester, and Daniel Kulwa. "Gender Disparities in Tanzania: Legal Framework Vis-a Vis Practice." International Journal of Innovative Science and Research Technology 5, no. 7 (July 31, 2020): 679–90. http://dx.doi.org/10.38124/ijisrt20jul537.

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Gender disparities exist since antiquity. There has been inequality based solely on gender in various aspects of life usually in favour of men. Such inequalities are evident in employment, earning, education, leadership, land ownership, language use, religion, health rights and decision making. Tanzania like any other countries has incorporated gender in various legal instruments, policies, institutions and various strategies that have been employed to replicate gender gap in the country. It has been noted that life has been stratified by system of oppression and privileges. Throughout history women have been confined to uninvisible, unpaid and undervalued work. 1Accordingly, we cannot eliminate gender disparities unless the community is convinced and ready to embrace new practices. Furthermore, it has been observed that Tanzania has undergone major legal reforms to mitigate gender disparities. The Land legal regime provide for women safeguard, though such right cannot be realized as patriarchal practices places women to a disadvantaged position, besides, inheritance and marriage laws are still weak and discriminate against women thus, diversely affect their land rights. It is recommended that ‘will’ writing practices and willingness of the court to honor and enforce the law may mitigate the problem since reform on inheritance law has been proved ineffective. Therefore, this article discusses the patterns of disparities in the legal framework concerning women vis-a vis its practices blatantly inconsistent with the principles of equality and non-discrimination and the spirit of the constitution and international conventions which Tanzania signed without reservation.

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Farrelly, Colin. "Commentary on Part 3: International political and economic structures." Les ateliers de l'éthique 8, no. 2 (January 17, 2014): 41–52. http://dx.doi.org/10.7202/1021337ar.

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Mathias Risse’s On Global Justice is a unique and important contribution to the growing literature on global justice. Risse’s approach to a variety of topics, ranging from domestic justice and common ownership of the earth, to immigration, human rights, climate change, and labour rights, is one that conceives of global justice as a philosophical problem. In this commentary I focus on a number of reservations I have about approaching global justice as a philosophical rather than an inherently practical problem. To his credit Risse does acknowledge at various stages of the book that a good deal of the applied terrain he ventures into presupposes complex and contentious empirical assumptions. A greater emphasis on those points would, I believe, helpfully reveal the shortcomings of tackling intellectual property rights by appealing to Hugo Grotius’s stance on the ownership of seas, or the shortcomings of tackling health by invoking the language of human rights without acknowledging and addressing the constraints and challenges of promoting health in an aging world.

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Dissertations / Theses on the topic "Reservation of ownership"

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Beatch, Michelle. "Taking ownership: the implementation of a non-aboriginal program for on-reserve children /." Burnaby B.C. : Simon Fraser University, 2006. http://ir.lib.sfu.ca/handle/1892/2694.

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Terblanche, Francis Stephen. "Simulated contracts and the transfer of ownership as a form of real security in South African law." Diss., 1997. http://hdl.handle.net/10500/6770.

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Money lenders frequently use sale and lease back agreements as an alternative to other more conventional forms of security. These agreements are popular because they are simple and inexpensive to put in place. Unfortunately, South African courts give legal effect to the true intention of contracting parties. Sale and lease back agreements are often held to be simulated contracts and as such they are enforced as disguised pledges. One of the few alternative security options available to money lenders, is a notarial bond registered in terms of the Security By Means of Movable Property Act 57 of 1993. This act has been criticised for creating an ineffective form of security that is costly and cumbersome to put in place. It is suggested that the current security options available to money lenders are supplemented with the creation of a more user friendly public register for the registration of security interests.
Private Law
LL.M.

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Books on the topic "Reservation of ownership"

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US GOVERNMENT. An Act to Require the Valuation of Nontribal Interest Ownership of Subsurface Rights Within the Boundaries of the Acoma Indian Reservation, and for Other Purposes. [Washington, D.C: U.S. G.P.O., 2002.

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2

United States. Congress. House. Committee on Natural Resources. Subcommittee on Energy and Mineral Resources. H.R. 1913, valuation of nontribal interest ownership of subsurface rights within the boundaries of the Acoma Indian Reservation: Legislative hearing before the Subcommittee on Energy and Mineral Resources of the Committee on Resources, U.S. House of Representatives, One Hundred Seventh Congress, first session, September 13, 2001. Washington: U.S. G.P.O., 2002.

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3

Bell, Catherine Edith. Alberta's Metis settlements legislation: An overview of ownership and management of settlements lands. Regina, Sask., Canada: Canadian Plains Research Center, University of Regina, 1994.

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University of Regina. Canadian Plains Research Center, ed. Alberta's Metis settlements legislation: An overview of ownership and management of settlement lands. Regina: Canadian Plains Research Center, University of Regina, 1994.

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5

US GOVERNMENT. H.R. 1913, valuation of nontribal interest ownership of subsurface rights within the boundaries of the Acoma Indian Reservation: Legislative hearing before ... Congress, first session, September 13, 2001. For sale by the Supt. of Docs., U.S. G.P.O. [Congressional Sales Office], 2002.

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6

Office, General Accounting. Indian programs: Profile of land ownership at 12 reservations : briefing report to the chairman, Select Committee on Indian Affairs, U.S. Senate. Washington, D.C: GAO, 1992.

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Indian issues: GAO's analysis of land ownership at 12 reservations : statement of James Duffus III, Director, Natural Resources Management Issues, Resources, Community, and Economic Development Division, before the Select Committee on Indian Affairs, United States Senate. [Washington, D.C.]: The Office, 1992.

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Book chapters on the topic "Reservation of ownership"

1

Richotte, Keith. "The Reservation." In Claiming Turtle Mountain's Constitution. University of North Carolina Press, 2017. http://dx.doi.org/10.5149/northcarolina/9781469634517.003.0004.

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Chapter three describes the establishment of the reservation and how that process laid a foundation for first the claim and eventually the constitution. The reservation was established, after much consternation on the northern prairie, through various Executive Orders. Considered temporary and politically expedient from the federal government’s perspective, the Executive Orders were unsatisfactory to everyone in the region. Settlers wanted the Plains Ojibwe and Métis completely removed from the territory. The Plains Ojibwe and Métis wanted a larger reservation and acknowledgement of ownership over land that they had not ceded. The reservation was the first major step on the road to a claim against the federal government.

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2

Bermúdez, José Luis. "Ownership and the Space of the Body." In The Bodily Self. The MIT Press, 2018. http://dx.doi.org/10.7551/mitpress/9780262037501.003.0009.

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In the last 20 years, a robust experimental paradigm has emerged for studying the structure of bodily experience, focusing primarily on what it is to experience one’s body as one’s own. The initial impetus came from the rubber hand illusion (RHI) first demonstrated by Botvinick and Cohen, subsequently extended by various researchers to generate illusions of ownership at the level of the body as a whole. This paper identifies some problems with how ownership is discussed in the context of bodily illusions, and then shows how those problems can be addressed through a model of the experienced space of the body. Section 1 briefly reviews the bodily illusions literature and its significance for cognitive science and philosophy. Section 2 expresses reservations with the concept of ownership in terms of which the RHI and other illusions are standardly framed. I offer three hypotheses for the source of our putative “sense of ownership”. The main body of the paper focuses on the third hypothesis, which is that judgments of ownership are grounded in the distinctive way that we experience the space of the body.

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3

Lewis, Courtney. "Conclusion." In Sovereign Entrepreneurs, 183–98. University of North Carolina Press, 2019. http://dx.doi.org/10.5149/northcarolina/9781469648590.003.0007.

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Eastern Band citizens have shown that privately owned American Indian small businesses can have a positive and substantial impact on the development and economic stability of their entire Nation, especially for instances of one industry reliance. But for American Indians on reservations, the distinct challenges to small- business owner-ship must be addressed. Because my research testifies to the extensive positive value of small, private businesses to reservations, it is my hope that other Native Nations will include, as the EBCI has recently begun to, a focus on new policies that support local small businesses as a means of strengthening their economies. To accomplish this, Native Nation leaders can take a proactive stance in creating environments (an “entrepreneurial culture”) that are conducive to small- business ownership, address the pragmatics of training, infrastructure, and financing (especially with issues of debt) for American Indians, and stay attuned to potential local issues, such as representation. In order to do so, it is vital to understand economic sovereignty as an aggregate, living action— both in the ways that the small- business sector supports its practice and in how Native Nations use it in crafting the type of stable and sustainably diverse economy.

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Peter T, Muchlinski. "Part II Economic Regulation, 5 Control of Inward Investment." In Multinational Enterprises and the Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198824138.003.0005.

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This chapter describes the major techniques of inward investment control used by host states. Such techniques were at the forefront of the policy response to multinational enterprises (MNEs) in the 1970s, when levels of foreign investment in host states were reasonably high but economic nationalism and self-determination were influential. However, as economic globalization evolved, the cost of economic nationalism became too great to sustain, given the resulting loss of access to investment capital and the most modern productive technology. Increasingly, both developed and developing countries have turned away from the strict regulation of foreign investment and are permitting it on less stringent terms. Given the widespread adoption of privatization programmes, the range of industrial sectors reserved for public ownership has decreased. While reservations and controls over levels of foreign investment in privatized companies are a common feature, in many countries, the very purpose of privatization was to increase the overall level of inward foreign investment in the economy. Ultimately, the main prohibitions on foreign investment are to be found in sectors of the national economy relevant to national security. In recent years the number of such prohibitions has risen.

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Kershaw, David. "Announcement and the Offer Dance." In Principles of Takeover Regulation. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780199659555.003.0005.

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This Chapter considers the Code’s regulation of the pre-offer period. It considers both the regulation of the provision of information to shareholders and to the market about the possibility that an offer may be made and the regulation of the courtship period prior to the offer where the bidder attempts to persuade the target board and the target shareholders to be receptive to the offer (the “pre-bid dance”). More precisely, it considers the disclosures that any shareholder must make when specified ownership thresholds are crossed and the circumstances in which the Code requires an announcement about the possibility of an offer. The Chapter critiques the Code’s strict approach to the suggested terms included in a possible offer announcement, questioning whether its restriction on amendment in the absence of reservations significantly reduces the unavoidable uncertainty surrounding a possible offer. The Chapter is also critical of the Panel’s approach to requests to amend terms when no reservations to suggested terms are included in the announcement. In this regard, it shows how the Hearings Committee’s reasoning supporting its very strict approach in the Kalahari Minerals case is unpersuasive. The Chapter then considers the regulation of the pre-bid dance including the put-up or shut up rule and the Panel’s post-Cadbury difficulties in regulating statements of future intention, which initially led to expansive and unthought-through regulation of intention statements and then to recent Code amendments providing for Post-Offer Undertakings and Post-Offer intention statements. This section concludes by arguing that although several of Code pre-bid rules and rulings are difficult to make sense of on their stated terms, they can be made sense of in terms of attempts to shift the structural pro-bidder power balance of the Code back towards the target board. They demonstrate that the Code does not, as it purports to do, take a neutral position between facilitating and impeding takeovers and that the structural power balance, generated most importantly by the non-frustration rule, distorts rule-making in other areas of the Code. Finally, the Chapter considers the firm offer announcement and its effects and the Codes share purchase disclosure regime during an offer.

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Reports on the topic "Reservation of ownership"

1

Stumpff, Linda M., Fernando Sanchez-Trigueros, Alan E. Watson, Florence Mdodi, and Aaron Teasdale. Grassland, forest and riparian ecosystems on mixed-ownership federal lands adjacent to the Crow Indian Reservation: Developing a protective shield for sustainability of the environment and culture from the impacts of climate-related disturbance. Ft. Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station, 2020. http://dx.doi.org/10.2737/rmrs-gtr-410.

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Stumpff, Linda M., Fernando Sanchez-Trigueros, Alan E. Watson, Florence Mdodi, and Aaron Teasdale. Grassland, forest and riparian ecosystems on mixed-ownership federal lands adjacent to the Crow Indian Reservation: Developing a protective shield for sustainability of the environment and culture from the impacts of climate-related disturbance. Ft. Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station, 2020. http://dx.doi.org/10.2737/rmrs-gtr-410.

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