AuthorBaron, Jane B.
Permanent link to this recordhttp://hdl.handle.net/20.500.12613/6710
MetadataShow full item record
AbstractThis essay addresses the vexing question of whether property enhances freedom. Contemporary property debates tend to focus on what might be called the affirmative side of property rights - what they give (or ought to give) to owners vis a vis others and vis a vis the government. But if, as the Realists long ago suggested, property is social, involving relations between people, and if property involves politics, the exercise of power by some over others, then it makes sense to think about the negative side of property rights, the effects of not having any property to speak of. Persons owning very few things inhabit a realm of severe social and legal vulnerability, susceptible to the power of many (and, of course, the government) without having (m)any reciprocal power(s) over others. I call this situation no property. This paper seeks to describe the legal category no property. Rather than enumerate its iterative disabilities, I enlist a recent novel, Valerie Martin's Property, in the hopes of describing no property imaginatively. The novel illustrates the ways in which legal states that deprive persons of the ability to own or to control property - slavery and coverture - render persons susceptible to the power of others. Notwithstanding enactment of Married Women's Property Acts and the end of slavery, many today - such as the homeless and the extremely poor-remain in a position of comparable legal and social vulnerability. For persons so situated, the freedom-enhancing aspects of property are more or less beside the point. What they experience as a legal matter is, to recur to some older terms, duties, no-rights, liabilities and disabilities. These iterative negatives together constitute a status, a status in which it becomes possible for them to be seen as, essentially, objects, not subjects. Effective regulatory schemes take existing schemes of property rights into account. No property is such a scheme. Because it consists so largely of negatives, of rights and powers that people do not have, it is difficult to recognize it as such. But it is as serious a constraint on regulatory possibility as, say, the ownership rights of those affected by limitations on the cutting of old growth forests or by required reductions in factory emissions. If we want to do something about the poor and the homeless - whether it be banishing them to special zones or targeting services to them - we will need to understand the legal situation in which we find them. For this reason, I argue, we must continue to seek to understand and define the legal category of no property.
CitationJane B. Baron, Property and "No Property", 42 Houst. L. Rev. 1425 (2006).
Available at: https://houstonlawreview.org/article/4800-property-and-no-property
Citation to related workHouston Law Review, Inc.
Has partHouston Law Review, Vol. 42, Iss. 5, 2006
ADA complianceFor Americans with Disabilities Act (ADA) accommodation, including help with reading this content, please contact email@example.com
Showing items related by title, author, creator and subject.
Debunking Intellectual Property Myths: Cross Cultural Experiments on Perceptions of PropertyMandel, Gregory N.; Olson, Kristina R.; Fast, Anne A. (2020)For decades, the prevailing view in the United States and many Western countries has been that China does not appropriately respect intellectual property rights. These beliefs lie at the heart of President Donald Trump’s current trade war with China. Despite substantial geopolitical debate over differences between American an d Chinese attitudes towards intellectual property rights, and despite the critical effects that such attitudes have on international economic markets and the function of intellectual property systems, empirical evidence of these attitudes is largely lacking. This Article presents original experimental survey research that explores cross cross-cultural differences between American and Chinese attitudes towards intellectual property rights, personal property rights, and real property rights. The results of the studies are somewhat counterintuitive. First, Chinese participants are found to have more consistent preferences towards different types of property rights than Americans. In a series of vignettes designed to test attitudes towards patented subject matter, copyrighted subject matter, tangible personal property, and real property, Chinese responses were more consistent and less context driven. Second, Americans do identify a preference for stronger intellectual property rights than Chinese, but only where infringement is committed by a private party for private benefit. Where infringement is conducted for public benefit, whether by a private or a governmental entity, Chinese and Americans tend to have the same attitudes towards intellectual property rights. Third , Americans display a lower regard for intellectual property rights than for tangible property rights in most contexts, a differential that is not echoed in Chinese responses. The distinctions that Americans draw based on the use to which property is put, and between intellectual property and tangible property, is not consistent with United States law. Our experiments reveal that the ongoing debates over Chinese attitudes towards intellectual property rights miss the mark in certain regards. Chinese and American preferences for property rights are more similar than most have assumed, and the manners in which they differ are inconsistent with most proffered theories. These results provide important lessons for the future of international intellectual property rights relations, discourse, and enforcement.
STRUCTURE, PROPERTIES, AND POTENTIAL APPLICATIONS OF POLYDOPAMINE MATERIALSRen, Fei; Yin, Jie; Dikin, Dmitriy A.; Coe, Joseph T. (Temple University. Libraries, 2019)Polydopamine (PDA) as a novel polymer material has attracted much attention in recent years owing to its unique universal adhesive behavior and easy fabrication through self-assembly. Its monomer form (dopamine, DA) is composed of catechol and amine, which both contribute to the adhesive properties. Since 2007, PDA has been investigated extensively by materials research communities. Application wise, most recent researches focused on utilizing PDA as a surface chemistry modifier and secondary platform. Moreover, by heat treating layer assembled PDA film in an inert or reductive environment, PDA will carbonize and transform into a conductive form, cPDA. It has been found that cPDA has a comparable property to reduced graphene oxide (rGO). The hypothesis is that cPDA also process a layered structure with interlayer distances similar to rGO. Furthermore, with amine groups presents in dopamine, cPDA is believed to be N-doped rGO after carbonization. However, even with a decade of research on this topic, the structure of PDA has not yet been fully understood. In our work, the structural evolution of PDA and cPDA with different heat treatment temperature is investigated by Raman spectroscopy and neutron diffraction, finding the nanocrystal carbon growth respective to temperature. Carbon crystallization also explained the electrical conductivity increase from our measurement. Furthermore, with catechol groups in DA, PDA is capable of forming coordination bonds with metal ions. These bonds will pin the metal ions within PDA and form a metal-PDA complex (M-PDA). In the second part of our work, the effect of doping to structure and properties was investigated by TEM and AFM. We found the thickness of the doped film is thinner than undoped film, which indicates the crosslinking mechanism of PDA is affected by the metal ion dopant. In addition, the pinned metal in M-PDA matrix tends to be reduced into its metal phase after annealing in a protective environment. These finding has also explained the properties change in the thin film and lead us to further investigation on the mechanism of the metal reduction. In TEM, metal nanoparticles are found reduced from M-PDA complex and remain attached under irradiation of electrons. The abundance of electrons in TEM directly supplies the reduction of metal cations and forms metal nanoparticles. With different metal cation, the behavior and final products are vastly different in size and shape. Heating M-PDA powder or film is also a valid way to synthesis self-supported metal nanoparticles which has potential applications in catalysis. The performance of the synthesized catalysts was tested for hydrogen generation in acid solution. This research works forms the third and fourth part of my study. The last part of this study includes the mechanical properties of pristine PDA and Cu-PDA with and without annealing. Finding that increased annealing temperature and metal ion coordination increases Young’s modulus.
ESSAYS ON THE U.S. PROPERTY-CASUALTY INSURANCE INDUSTRYWeiss, Mary A.; Cummins, J. David; Viswanathan, Krupa S.; Mao, Connie X. (Temple University. Libraries, 2020)This dissertation includes two chapters. In Chapter 1, “Information Risk and the Cost of Equity Capital Revisited: Evidence from the U.S. Property-Casualty Insurance Industry”, I revisit the relationship between information risk and the cost of equity capital in the U.S. property-casualty (P-C) insurance industry. Eckles, Halek and Zhang (2014) find that information risk has no effect on the cost of equity using a sample of U.S. P-C insurers. Following their approach, we decompose information risk into innate and discretionary components. I find that innate information risk affects the cost of equity capital through two opposing channels. On the one hand, innate information risk directly increases an insurer’s cost of equity capital by increasing investors’ assessment of the riskiness of the insurer’s future cash flows. On the other hand, innate information risk indirectly decreases the insurer’s cost of equity capital by changing its production so that the assessed riskiness of the firm’s future cash flows are reduced. This (negative) indirect effect depends on factors that influence the insurer’s underwriting decisions. My empirical results provide supporting evidence for a significant, positive direct effect of innate information risk, while the magnitude of the (negative) indirect effect increases with the insurer’s proportion of long-tail business and decreases with its affiliated reinsurance usage. As to the impact of discretionary information risk, my results are mixed. I also find that, on average, the overall effect of information risk on the cost of equity capital for property-casualty insurers is significant and negative. In Chapter 2, “Coordination of Capital, Earnings, and Taxes in the U.S. Property-Casualty Insurance Industry”, I investigate how property-casualty (P-C) insurers manage discretionary tools to achieve regulatory capital, earnings, and tax planning goals. I examine one accrual tool, loss reserve errors, together with two real transaction tools: realized capital gains (losses) from investment sales, and capital contributions. I find that when P-C insurers have lower pre-managed capital levels, managers will report income-increasing loss reserve errors, recognize more realized capital gains and receive more capital contributions. When P-C insurers have lower pre-managed earnings, managers will report income-increasing loss reserve errors. When P-C insurers have higher marginal tax rates, managers will report income-decreasing loss reserve errors and recognize more realized capital losses. Moreover, I analyze the effect of ownership structures on the degree of managerial discretion for various reporting goals. My analysis includes three different types of ownership structures: public, private stock and mutual firms. I find that, through the use of capital contributions, public firms are more aggressive in capital management, while mutual firms are less aggressive in capital management than private stock firms. In terms of using the other two tools, compared to private stock firms, public firms do not manage capital less aggressively; they do not manage earnings more aggressively; they do not manage taxes less aggressively. Compared to private stock firms, mutual firms are less aggressive in capital management; they are more aggressive in earnings management; they are less aggressive in tax management.