The court recognized descendants may hold a superior claim to the daguerreotypes.
Evidence
“The result reached by the court underscores the need for the cause of action I have articulated in order to provide a full remedy for the harms alleged by the plaintiff. Failing to recognize that the plaintiff, as a descendant of Renty and Delia, may have a claim to the daguerreotypes superior to Harvard’s is precisely the sort of miscarriage of justice that the late Chief Justice [Ralph] Gants warned us against perpetuating. We are faced with an aggrieved plaintiff who has pleaded facts that, if proved, demand a full remedy and nothing less. It is within this court’s authority to provide such remedy by recognizing the cause of action I have articulated today.” — Tamara Lanier, From These Roots, 1295
Categorization
- DEFINE: Articulates the novel cause of action: a descendant’s claim to images of enslaved ancestors exceeding the holding institution’s title.