Harvard asserted ownership of the daguerreotypes without ever stating its basis.

Evidence

By turns dismissive and arrogant, Harvard has refused to do either. … Harvard has asserted an exclusive right to possess, restrict access to, and profit from the daguerreotypes—without ever explaining the basis for that purported entitlement. … Harvard has also denigrated the legitimacy of Ms. Lanier’s heritage, which she has established based on a rich and detailed family history passed down through generations. — Tamara Lanier, From These Roots, 1027

Categorization

  • XREF: Connects to the running theme of property law as the afterlife of slavery — who owns the image of an enslaved person.
  • DEFINE: Distinguishes Harvard’s asserted but unexplained entitlement from a legal ground actually recognized in property doctrine.