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In Defense of Property
This Article responds to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property law as a means of protecting indigenous cultural heritage. Recent critiques suggest that propertizing culture impedes the free flow of ideas, speech, and perhaps culture itself. In our view, these critiques arise largely because commentators associate \"property\" with a narrow model of individual ownership that reflects neither the substance of indigenous cultural property claims nor major theoretical developments in the broader field of property law. Thus, departing from the individual rights paradigm, our Article situates indigenous cultural property claims, particularly those of American Indians, in the interests of \"peoples\" rather than \"persons,\" arguing that such cultural properties are integral to indigenous group identity or peoplehood, and deserve particular legal protection. Further, we observe that whereas individual rights are overwhelmingly advanced by property law's dominant ownership model, which consolidates control in the title-holder, indigenous peoples often seek to fulfill an ongoing duty of care toward cultural resources in the absence of title. To capture this distinction, we offer a stewardship model of property to explain and justify indigenous peoples' cultural property claims in terms of nonowners' fiduciary obligations toward cultural resources. We posit that re-envisioning cultural property law in terms of peoplehood and stewardship more fully illuminates both the particular nature of indigenous claims and the potential for property law itself to embrace a broader and more flexible set of interests.
Journal Article
fundamental protein property, thermodynamic stability, revealed solely from large-scale measurements of protein function
The ability of a protein to carry out a given function results from fundamental physicochemical properties that include the protein’s structure, mechanism of action, and thermodynamic stability. Traditional approaches to study these properties have typically required the direct measurement of the property of interest, oftentimes a laborious undertaking. Although protein properties can be probed by mutagenesis, this approach has been limited by its low throughput. Recent technological developments have enabled the rapid quantification of a protein’s function, such as binding to a ligand, for numerous variants of that protein. Here, we measure the ability of 47,000 variants of a WW domain to bind to a peptide ligand and use these functional measurements to identify stabilizing mutations without directly assaying stability. Our approach is rooted in the well-established concept that protein function is closely related to stability. Protein function is generally reduced by destabilizing mutations, but this decrease can be rescued by stabilizing mutations. Based on this observation, we introduce partner potentiation, a metric that uses this rescue ability to identify stabilizing mutations, and identify 15 candidate stabilizing mutations in the WW domain. We tested six candidates by thermal denaturation and found two highly stabilizing mutations, one more stabilizing than any previously known mutation. Thus, physicochemical properties such as stability are latent within these large-scale protein functional data and can be revealed by systematic analysis. This approach should allow other protein properties to be discovered.
Journal Article
Structural Rearrangements That Govern Flow in Colloidal Glasses
Structural rearrangements are an essential property of atomic and molecular glasses; they are critical in controlling resistance to flow and are central to the evolution of many properties of glasses, such as their heat capacity and dielectric constant. Despite their importance, these rearrangements cannot directly be visualized in atomic glasses. We used a colloidal glass to obtain direct three-dimensional images of thermally induced structural rearrangements in the presence of an applied shear. We identified localized irreversible shear transformation zones and determined their formation energy and topology. A transformation favored successive ones in its vicinity. Using continuum models, we elucidated the interplay between applied strain and thermal fluctuations that governs the formation of these zones in both colloidal and molecular glasses.
Journal Article
Entitled to Work: Urban Property Rights and Labor Supply in Peru
Between 1996 and 2003, the Peruvian government issued property titles to over 1.2 million urban households, the largest titling program targeted at urban squatters in the developing world. This paper examines the labor market effects of increases in tenure security resulting from the program. To isolate the causal role of ownership rights, I make use of differences across regions induced by the timing ofthe program and differences across target populations in level of preprogram ownership rights. My estimates suggest that titling results in a substantial increase in labor hours, a shift in labor supply away from work at home to work in the outside market, and substitution of adult for child labor.
Journal Article
Possessory politics and the conceit of procedure
Rights are central to the theory and practice of planning, and to the practice of struggles for those who are marked by conditions of dispossession and displacement. Those rights are often articulated through planning as property 'rights in' and procedural 'rights to'. Yet when struggles against the dispossessory tendencies of planning become articulated through these rights-based discourses in planning, the potential arises for their immediate limitation and co-optation. This article takes two particular modes of dispossession – Indigenous dispossession under the ongoing processes of colonialism, and displacement as a result of urban regeneration – and exposes why a persistent stance of critique to the promise of rights is so critical.
Journal Article
Large Redevelopment Initiatives, Housing Values and Gentrification: The Case of the Atlanta Beltline
This paper examines the announcement effects on property values of a large, multipurpose development initiative in Atlanta, Georgia called the \"Beltline\" which has received substantial public attention. The project involves the redevelopment of an abandoned rail line that encircles the central area of Atlanta. The 6500-acre project will be funded by tax increment financing bonds and will include the development of light rail, greenspace and real estate projects. By examining home sales from 2000 to 2006, the paper identifies changes in price premiums for locations in various geographical buffers around the Beltline and compares the timing of such changes with coverage in the local newspaper. It is found that there are large increases in premiums for homes near the lower-income, southside parts of the Beltline TIF district between 2003 and 2005, which corresponds to the initial media coverage of the planning process. The findings suggest that planning for the Beltline induced substantial speculation and gentrification.
Journal Article
Making Space for Property
A modern-day treaty process in British Columbia, Canada, involving First Nations
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and the federal and provincial governments, entails a struggle to carve out both metaphoric and material space for indigenous land and title. Despite considerable opposition, the state has insisted that First Nations will hold their treaty lands as a form of \"fee simple,\" this being the way most private property owners hold property, granting broad rights to access, use, and alienation. This is said to generate what the state terms certainty, a concept predicated on the idea of property as a priori, singular, and definite. I explore the resultant contest through a performative lens that treats property not as essence, but as effect. Tracing the complicated ways in which fee simple is performed in the treaty process reveals that fee simple is anything but. Multiple, competing, and overlapping fee simples are in circulation. The identification of this multiplicity offers valuable lessons for our understanding of the contemporary space of postcolonial reconciliation.
Journal Article
Disgorging the Fruits of Historical Wrongdoing
There are many different ways of responding to wrongdoing: person-centered or object-centered, victim-centered or perpetrator-centered, and fault-oriented or not. Among these approaches, requiring innocent beneficiaries to disgorge the fruits of historical wrongdoings of others is attractive because it is informationally the least demanding. Although that approach is perhaps not ideal, at least it is feasible where other responses are not, and doing something is better than doing nothing in response to grievous historical wrongdoing. Depending on circumstances, disgorgement can be in whole or in part, in kind or in cash. Even without the full information that disgorgement itself requires, general redistributive taxation might be justified as a tolerably close approximation.
Journal Article
The Formation of Beliefs: Evidence from the Allocation of Land Titles to Squatters
We study the formation of beliefs in a squatter settlement in the outskirts of Buenos Aires exploiting a natural experiment that induced an allocation of property rights that is exogenous to the characteristics of the squatters. There are significant differences in the beliefs that squatters with and without land titles declare to hold. Lucky squatters who end up with legal titles report beliefs closer to those that favor the workings of a free market. Examples include materialist and individualist beliefs (such as the belief that money is important for happiness or the belief that one can be successful without the support of a large group). The effects appear large. The value of a (generated) index of \"market\" beliefs is 20 percent higher for titled squatters than for untitled squatters, in spite of leading otherwise similar lives. Moreover, the effect is sufficiently large so as to make the beliefs of the squatters with legal titles broadly comparable to those of the general Buenos Aires population, in spite of the large differences in the lives they lead.
Journal Article