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Book part
Publication date: 1 July 2004

Imani Perry

In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates…

Abstract

In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates through a historical analysis of activist movements, popular literature, and case law that private law, specifically property and contract, were significant aspects of Jim Crow law and culture. The failure to understand the significance of private law has limited the breadth of juridical analyses of how to respond to racial divisions and injustices. Perry therefore contends that a paradigmatic shift is necessary in scholarly analyses of the Jim Crow era, to include private law, and moreover that this shift will enrich our understandings of both historic and current inequalities.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-76231-109-5

Abstract

X = multiple interpretations

Details

Documents on Government and the Economy
Type: Book
ISBN: 978-1-78052-827-4

Article
Publication date: 13 February 2017

Ziade Hailu, Isaac N. Nkote and John C. Munene

The purpose of this paper is to empirically test whether enforceability mediates the relationship between property rights and investment in housing, using data from land…

Abstract

Purpose

The purpose of this paper is to empirically test whether enforceability mediates the relationship between property rights and investment in housing, using data from land formalization project in Addis Ababa, Ethiopia.

Design/methodology/approach

The study was cross-sectional in design; data were collected from a sample of 210 households that benefited from the recent Addis Ababa city land and buildings formalization project. Confirmatory factor analysis was used to assess the goodness-of-fit of the latent structures underlying the constructs. Mediation was tested using the Baron and Kenny steps, combined with bootstrapping technique. Robustness of results was checked.

Findings

The results indicate statistically significant mediation effect of contract enforcement. However, the mediation is partial, there is still a substantial direct effect of security of property rights on investment.

Practical implications

Any initiative to land formalization projects needs to consider contract enforcement environment, as presence and size of property rights effects largely depend on whether those rights are properly enforced.

Originality/value

This is the first study that conceptualizes the mediating effect of contract enforcement on the relationship between property rights and investment from an African country perspective.

Details

International Journal of Law and Management, vol. 59 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 1 June 2003

Biman C. Prasad

This paper discusses the institutionalists' economic thought and how they saw the role of property rights in economic development. It points out that the role of various…

4094

Abstract

This paper discusses the institutionalists' economic thought and how they saw the role of property rights in economic development. It points out that the role of various institutions in the economic performance of many developing countries cannot be ignored. One of the important institutional factors in many developing countries and transitional economies is the nature and definition of property rights. This paper therefore addresses the impact of property rights on overall economic performance of a country and more specifically on agricultural production and on the conservation and management of the environment. It is generally agreed that property rights are a claim to a benefit stream where the state provides protection from others who may interfere with the benefit stream. Well‐defined property rights are considered vital for transitional economies which are undertaking major structural changes. The recent literature on property rights in transitional economies is largely concentrated on the former socialist and communist economies of Eastern Europe, which are embracing the market economy. However, this also has significant implications for many developing countries like Fiji which can also be considered as transitional economies. For Fiji the transition is from a highly protected, inward‐looking economy towards an export‐oriented economy. Getting the property rightsright” seems to be one of the major obstacles to economic reform agendas for many of the South Pacific countries including Fiji.

Details

International Journal of Social Economics, vol. 30 no. 6
Type: Research Article
ISSN: 0306-8293

Keywords

Article
Publication date: 27 March 2009

Moe Alramahi

The purpose of this paper is to clarify the legal status of domain names from both a contractual and a property right perspective, and to consider whether domain names are…

403

Abstract

Purpose

The purpose of this paper is to clarify the legal status of domain names from both a contractual and a property right perspective, and to consider whether domain names are to be considered as a new form of property, in particular as virtual property.

Design/methodology/approach

The paper approaches the topic from contractual perspective. It then examines the concept and various property law theories. This is followed by an analysis to the intangibility of domain names and the appropriate category of protection.

Findings

Domain names are creatures of contract and contract law will provide some form of protection. According to the bundle of rights theory, domain names are intangible property with limitations. Some names are very valuable but nevertheless attract no protection beyond contractual rights. These names should be clothed with property rights protection. The relevant form of property rights is still contentious issue.

Originality/value

The nature of rights over domain names is a key emerging issue in the area of information technology law, with little to guide lawyers and judges. There is currently no consensus on what the legal status of a domain name is and opinions vary about the nature of these rights. The paper offers an insight to the nature of rights in an attempt to further the protection and recognition of rights over domain names.

Details

Journal of International Trade Law and Policy, vol. 8 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 1 July 1999

Andrew K. Dragun

Property rights are often seen to be the cause and the solution of a wide range of social problems especially those affecting the natural environment. But, the property

1108

Abstract

Property rights are often seen to be the cause and the solution of a wide range of social problems especially those affecting the natural environment. But, the property rights box is indeed pandoran, spawning as many questions as it answers as a function of diverse theoretical perspectives. The literature on property rights is not homogeneous so that interpretations of problems and suggestions for solutions are highly diverse. Consequently, the value of property rights theory in understanding or solving social problems can be problematic. The recent interest in property rights theory has been spawned by the focus on the “takings” issue where a particular perspective of private property rights, as a form of natural rights, has “re”‐emerged. This “new” private property rights perspective portends radical consequences for environmental management. But the theme of this paper is that this methodology adds little insight to the understanding of property rights and environmental problems.

Details

International Journal of Social Economics, vol. 26 no. 7/8/9
Type: Research Article
ISSN: 0306-8293

Keywords

Article
Publication date: 1 March 2006

C.Y. Yiu, S.K. Wong and Y. Yau

To re‐examine the role of property management from an institutional economics perspective.

3484

Abstract

Purpose

To re‐examine the role of property management from an institutional economics perspective.

Design/methodology/approach

The role of property management is explored by asking why property management has emerged from the first principle. Then, an analytical framework for property management is put forward. Different dimensions of institutional arrangements, ranging from open access to communal private property or solely owned private property, are discussed in the real estate property context.

Findings

The paper shows that a unique feature of property management is its role in excluding outsiders and resolving internal conflicts among the stakeholders of communal private property.

Research implications/limitations

This approach opens up a new research agenda for property management. The adoption of different institutional arrangements in property management can be explained by further studies.

Practical implications

The efficiency of different institutional arrangements for the governance of communal private property is situation‐specific. An endogenous assumption of institutional regime in property management practice greatly expands the flexibility of management.

Originality/value

This paper is the first to apply an analytical framework for interpreting the institutional arrangements in property management.

Details

Property Management, vol. 24 no. 2
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 10 July 2017

Kevin Grecksch and Jessica Holzhausen

This paper aims to show how property rights predominantly shape discussions about the governance of natural resources and thereby neglect questions of (collective…

Abstract

Purpose

This paper aims to show how property rights predominantly shape discussions about the governance of natural resources and thereby neglect questions of (collective) identities and alternative solutions to govern natural resources. The purpose is to introduce narratives as an alternative approach to the discussion about the governance of natural resources.

Design/methodology/approach

Guided by the question of how we acquire property and what that tells us about our understanding of to whom natural resources belong to, the paper reviews the history of property rights by looking into property theories starting from Thomas Hobbes, John Locke, Adam Smith, Immanuel Kant and Pierre-Joseph Proudhon. It then takes a closer look at The Economics of Ecosystems and Biodiversity (TEEB) study and the Nagoya Protocol with regard to property rights. Second, the paper introduces the concept of narratives surrounding property rights in the past and present.

Findings

Property rights are a social concept dominant in the industrialised world. This has strong implications when looking at the way indigenous people look at natural resources. Mostly, property rights are unknown to them or alternative concepts exist. Yet, documents such as the Nagoya Protocol or the TEEB study presuppose an understanding of property rights originating in European property concepts. A narrative approach to property rights introduces new ideas and looks beyond legislation and policies at the stories people tell about property and natural resources, at property stereotypes and identities and what this might entail for future natural resource governance.

Originality/value

The paper fulfils a need to find alternative approaches to govern natural resources against the background of global environmental challenges.

Details

International Journal of Law in the Built Environment, vol. 9 no. 2
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 9 October 2017

Peter M. Bican, Carsten C. Guderian and Anne Ringbeck

As firms turn their innovation activities toward collaborating with external partners, they face additional challenges in managing their knowledge. While different modes…

3932

Abstract

Purpose

As firms turn their innovation activities toward collaborating with external partners, they face additional challenges in managing their knowledge. While different modes of intellectual property right regimes are applied in closed innovation systems, there seems to be tension between the concepts of “open innovation” and “intellectual property rights”. The purpose of this paper is to investigate how firms best manage knowledge via intellectual property rights in open innovation processes.

Design/methodology/approach

Following a mixed methods approach, the authors review relevant literature at the intersection of knowledge management, intellectual property rights, strategic management of intellectual property rights and the open innovation process. The authors identify success drivers through the lenses of – but not limited to – intellectual property rights and classify them in five distinct groups. Expending the view on open innovation beyond its modus operandi, the authors develop the Open Innovation Life Cycle, covering three stages and three levels of the open innovation process. The authors apply their findings to a case study in the pharmaceutical industry.

Findings

The authors provide four key contributions. First, existing literature yields inconclusive results concerning the enabling or disabling function of intellectual property rights in open innovation processes, but the majority of scholars detect an ambivalent relation. Second, they identify and classify success drivers of successful knowledge management via intellectual property rights in open innovation processes. Third, they advance literature on open innovation beyond its modus operandi to include three stages and three levels. Fourth, they test their findings to a case study and show how management leverages knowledge by properly using intellectual property rights in open innovation.

Practical implications

The findings support firms in managing knowledge via intellectual property rights in open innovation processes. Management should account for the peculiarities of open innovation preparation and open innovation termination to prevent unintentional knowledge drain.

Originality/value

This is one of the first studies to view open innovation as a process beyond its modus operandi by considering the preparations for and termination of open innovation activities. It also addresses the levels involved in managing knowledge via intellectual property rights in open innovation from individual (personal) to project and firm level.

Details

Journal of Knowledge Management, vol. 21 no. 6
Type: Research Article
ISSN: 1367-3270

Keywords

Article
Publication date: 9 January 2017

Mahyudin Ahmad and Stephen G. Hall

The purpose of this paper is to attest whether generalized trust variable is the best proxy for social capital in explaining the latter’s effect on economic growth in a…

Abstract

Purpose

The purpose of this paper is to attest whether generalized trust variable is the best proxy for social capital in explaining the latter’s effect on economic growth in a panel setting. Via a specially formulated theoretical framework, the authors also test whether the growth-effect of social capital is direct or indirect, and if it is indirect, can property rights be the link between social capital and growth.

Design/methodology/approach

The authors begin with testing the robustness of generalized trust variable in explaining the effect of social capital on growth and property rights. The authors then propose a number of trust-alternative variables that are shown to contain an element of trust based on theoretical arguments drawn from previous studies, to proxy for social capital and re-estimate its effect on growth and property rights. In this study, the authors use panel estimation technique, hitherto has been limited in social capital studies, which are capable of reducing omitted variable bias and time-invariant heterogeneity compared to the commonly used cross-sectional estimation.

Findings

First, the authors find that generalized trust data obtained by the World Value Survey (WVS) are unable to yield sufficiently robust results in panel estimation due to missing observations problem. Using the proposed trust-alternative variables, the estimation results improve significantly and the authors are able to show that social capital is a deep determinant of growth and it is affecting growth via property rights channel. The findings also give supporting evidence to the primacy of informal rules and constraints as proposed by North (2005) over the political prominence theory by Acemoglu et al. (2005).

Research limitations/implications

Generalized trust data obtained from the WVS, frequently used in majority of social capital studies to measure social capital, yield highly non-robust results in panel estimation due to missing observations problem. Future studies in social capital intending to use panel estimation therefore need to find trust-alternative variables to proxy for social capital, and this paper has proposed four such variables.

Originality/value

The use of panel estimation technique extends the evidence of social capital significance to economic growth and property rights, since the previous social capital studies rely heavily on cross-sectional estimation technique. Due to the availability of annual observations of the trust-alternative variables, this paper is able to find better results as compared to estimation using generalized trust data.

Details

International Journal of Social Economics, vol. 44 no. 1
Type: Research Article
ISSN: 0306-8293

Keywords

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