AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Fareed Nassor Hayat ABOLISH GANG STATUTES WITH THE POWER OF THE THIRTEENTH AMENDMENT: REPARATIONS FOR THE PEOPLE 70 UCLA Law Review 1120 (November, 2023) Law Review Articles and Other Secondary Sources   The abolitionist movement seeks to fundamentally dismantle the prison industrial complex. Modern abolitionists recognize that mass incarceration of Black and Brown people is twenty-first century slavery. True abolition, they note, cannot be realized by merely tinkering with the carceral state. Instead, the complete elimination of modern-day badges... 2023 Most Relevant
Samantha Sar Hing APPLYING A REPARATIONS FRAMEWORK TO ADVOCATE FOR MENTAL HEALTH SERVICES FOR CAMBODIAN REFUGEES, 40 YEARS LATER 24 Rutgers Race & the Law Review 203 (2023) Law Review Articles and Other Secondary Sources   My parents suffered PTSD from the Khmer Rouge - to cope, I ran the streets and as a result I am now serving a life sentence. While many scholars have talked generally about why the United States deports refugees, there has been a focus by academics and students into the deportation of Cambodian-American refugees. I utilize a reparations-based... 2023 Most Relevant
Roy L. Brooks BLACK BOARDING ACADEMIES AS A PRUDENTIAL REPARATION: FINIS ORIGINE PENDET 13 Columbia Journal of Race and Law 790 (May, 2023) Law Review Articles and Other Secondary Sources   The past is never dead. It's not even past. - William Falkner, Requiem for a Nun 85 (1951) With billions of dollars pledged and trillions of dollars demanded to redress slavery and Jim Crow (Black Reparations) the question of how best to use these funds has moved into the forefront of the ongoing campaign for racial justice in our post-civil... 2023 Most Relevant
Monica Shaffer CONSTITUTIONALITY OF REPARATIONS FOR NATIVE AMERICANS: CONFRONTING THE BOARDING SCHOOLS 49 Mitchell Hamline Law Review 403 (April, 2023) Law Review Articles and Other Secondary Sources   I. Introduction. 404 II. Government Mistreatment of Native Americans: Boarding Schools. 405 A. Historical Context of the Boarding Schools. 405 B. The Boarding School Experience. 406 C. Historical Trauma and Direct Impact. 410 D. Ripple Effects. 412 III. About Reparations and Native Americans. 414 A. General Review. 414 B. Types of Reparations:... 2023 Most Relevant
Jon D. Michaels DESIGNING A LATTER-DAY FREEDMEN'S BUREAU 71 UCLA Law Review Discourse 70 (2023) Law Review Articles and Other Secondary Sources   This Essay, based on written and oral testimony before the California Task Force to Study and Develop Reparation Proposals for African Americans, addresses how best to translate substantive reparations proposals into durable, legible, legitimate, and democratically accessible programs. Specifically, this Essay evaluates institutional design... 2023 Most Relevant
Briana PĂ©rez-Brennan, Emily R. Walsh, Editors-in-Chief EDITORS' FOREWORD 27 U.C. Davis Social Justice Law Review I (Winter, 2023) Law Review Articles and Other Secondary Sources   We live in a time of right-wing extremism, amplification of existing inequalities due to the COVID-19 pandemic, and consequences of failing to provide reparations for our nation's racist past. These are not new phenomena, but the inevitable result of systems that threaten the lives and liberties of communities of color, particularly Black people.... 2023 Most Relevant
Hal Clay FORTY ACRES AND A MULE: AMERICA'S BILL FOR REPARATIONS IS LONG PAST OVERDUE 24 Scholar: St. Mary's Law Review on Race and Social Justice 505 (2023) Law Review Articles and Other Secondary Sources   Introduction. 507 A. The Justification For Timely Reparations Stems From The Historic Injustices Perpetrated On Black Americans. 507 I. History. 517 A. There Are Historical Justifications For Reparations. 517 B. There Is No Better Justification For Reparations Established Than Federal Payments Made To Slave Owners Before And After The Civil War.... 2023 Most Relevant
Chelsea J. Gaudet HEALTHCARE REPARATIONS IN CALIFORNIA 60 San Diego Law Review 569 (August-September, 2023) Law Review Articles and Other Secondary Sources   C1-2Table of Contents I. Introduction. 569 II. Weathering. 570 III. Obstacles to Effectively Treating Weathering. 573 IV. Achieving Task Force Objectives. 576 V. Healthcare Reparations. 579 VI. Conclusion. 584 2023 Most Relevant
Christopher L. Mathis, JD, PhD HIGHER EDUCATION REDRESS STATUTES: A PRELIMINARY ANALYSIS OF STATES' REPARATIONS IN HIGHER EDUCATION 94 University of Colorado Law Review 387 (Spring, 2023) Law Review Articles and Other Secondary Sources   Professor Mathis gave an abbreviated version of this speech at the University of Colorado Law School's 30th Annual Ira C. Rothgerber Jr. Conference during the Institutional Complicity in U.S. Slavery; the Role of the Judiciary and Higher Education panel. Included here are additions to his original Conference speech which provide greater context for... 2023 Most Relevant
Eric K. Yamamoto INTERNATIONAL REPARATIONS: WHAT JUSTICE AMENDS CAN AND SHOULD THERE BE? 52 Southwestern Law Review 141 (2023) Law Review Articles and Other Secondary Sources   In Professor Martha Minow's Preface to the Southwestern Law Review symposium on Healing the Persisting Wounds of Historic Injustice, she poses pressing questions for civil societies struggling with historical injustices. Speaking of the Jeju 4.3 Tragedy and many others, Professor Minow, a renowned restorative justice scholar, asks: When the... 2023 Most Relevant
Eric J. Miller LOVING REPARATIONS 94 University of Colorado Law Review 395 (Spring, 2023) Law Review Articles and Other Secondary Sources   Introduction. 395 I. Brief History of the Massacre. 398 II. Loving Blackness Through Reparations. 404 III. More than Economic Reparations. 407 IV. Group and Community Eligiblity. 411 Conclusion: What Does Solidarity Look Like?. 412 2023 Most Relevant
Erica Witter MAKING AMENDS: LOCALIZING AND IMPLEMENTING HOUSING REPARATION PROGRAMS FOR AFRICAN AMERICANS AFFECTED BY DISCRIMINATORY HOUSING POLICIES 15 Drexel Law Review 509 (2023) Law Review Articles and Other Secondary Sources   In Philadelphia, there is a significant gap in African American home ownership that has contributed to many of the problems that African American residents face today. Decreased industrialization, high poverty rates, crime, and loss in property values are direct consequences of housing discrimination by state and private actors. This Note... 2023 Most Relevant
Allison Roy Kawachi MUNICIPAL FAIR HOUSING ACT LITIGATION AND REPARATIONS 69 UCLA Law Review 1322 (January, 2023) Law Review Articles and Other Secondary Sources   L1-2TABLE OF CONTENTS Introduction. 1324 I. Reparations Litigation: What It Is and Why It Fails. 1327 A. What Are Reparations?. 1327 1. Definition. 1327 2. History. 1330 3. Goals. 1334 a. Economic Goals. 1334 b. Moral Goals. 1336 B. Reparations and Litigation. 1337 1. The Role of Litigation. 1337 2. Overview of Key Reparations Cases. 1339 a.... 2023 Most Relevant
Shirley LaVarco REIMAGINING THE VIOLENCE AGAINST WOMEN ACT FROM A TRANSFORMATIVE JUSTICE PERSPECTIVE: DECARCERATION AND FINANCIAL REPARATIONS FOR CRIMINALIZED SURVIVORS OF SEXUAL AND GENDER-BASED VIOLENCE 98 New York University Law Review 912 (June, 2023) Law Review Articles and Other Secondary Sources   While the Violence Against Women Act (VAWA) has long been venerated as a major legislative victory for those subjected to sexual and gender-based violence (S/GBV), VAWA is less often understood as the funding boon that it is for police, prosecutors, and prisons. A growing literature on the harms of carceral feminism has shown that VAWA has never... 2023 Most Relevant
Darryl Heller REPARATIONS AND RESTORATIVE JUSTICE: A PATH TO RACIAL HEALING 20 Hastings Race and Poverty Law Journal 37 (Spring, 2023) Law Review Articles and Other Secondary Sources   C1-2Table of Contents Introduction. 37 Reparations as a response to racial injustice. 39 Restorative Justice: A New Paradigm for Reparations. 44 Accountability, Reparations, and Restorative Justice. 47 Conclusion. 51 2023 Most Relevant
Darryl Heller REPARATIONS AND RESTORATIVE JUSTICE: A PATH TO RACIAL HEALING 34 Hastings Journal on Gender and the Law 37 (Spring, 2023) Law Review Articles and Other Secondary Sources   C1-2Table of Contents Introduction. 37 Reparations as a response to racial injustice. 39 Restorative Justice: A New Paradigm for Reparations. 44 Accountability, Reparations, and Restorative Justice. 47 Conclusion. 51 2023 Most Relevant
Keeshea Turner Roberts REPARATIONS CAN MITIGATE WEALTH INEQUITY 48 Human Rights 20 (2023) Law Review Articles and Other Secondary Sources   Thousands of people marched and protested locally, nationally, and globally in the days and weeks after the senseless murder of George Floyd at the hands of a Minneapolis, Minnesota, police officer. This murder, more than other murders, seemed to compel an internal examination of what it means to be an American in the midst of continued racial... 2023 Most Relevant
Azadeh Shahshahani, Divya Babbula REPARATIONS OWED TO THE SURVIVORS OF THE GLOBAL WAR ON TERROR 47 Harbinger 67 (3/22/2023) Law Review Articles and Other Secondary Sources   This article explores the obligations of the United States under international law to provide reparations--specifically in the form of reconstruction, refuge, and monetary damages--to the survivors of the Global War on Terror. Part I will set out the scope of the war on terror and who its survivors are for the purposes of reparations under... 2023 Most Relevant
Roy L. Brooks SYMPOSIUM INTRODUCTION: WALKING WITH DESTINY 60 San Diego Law Review 455 (August-September, 2023) Law Review Articles and Other Secondary Sources   C1-2Table of Contents I. Introduction. 455 II. Redress Frames. 461 A. Models of Redress. 462 B. Forms of Reparations. 465 C. Transitional Justice. 466 III. The Interim Report. 468 IV. Framing the Interim Report. 471 V. Conclusion. 478 2023 Most Relevant
Angela A. Allen-Bell TAKING EXCEPTION TO CRIMINAL JUSTICE REFORMS THAT FAIL TO TRANSFORM: USING TRANSITIONAL JUSTICE TO END THE CARCERAL STATE 11 Penn State Journal of Law & International Affairs 1 (2023) Law Review Articles and Other Secondary Sources   C1-2Table of Contents I. Introduction. 1 II. About TJ. 4 III. Truth-seeking Pillar: Race, the Carceral State & Human Rights. 7 IV. Memorialization Pillar: Honoring Blacks for International Efforts & Documenting the U.S.' Lack of Fidelity to the UN Process. 24 V. Prosecution Pillar. 35 VI. Reparations Pillar. 38 VII. Legal and Policy Reforms Pillar.... 2023 Most Relevant
Mariya Denisenko THE IMPACT OF GOVERNMENT SPONSORED SEGREGATION ON HEALTH INEQUITIES: ADDRESSING DEATH GAPS THROUGH REPARATIONS 80 Washington and Lee Law Review 1687 (Fall, 2023) Law Review Articles and Other Secondary Sources   Government sponsored segregation of urban neighborhoods has detrimentally impacted the health of Black Americans. Over the last century, federal, state, and local governments have promulgated racist laws and policies that shaped the racial divide of communities in major metropolitan cities. This divide has contributed to poor health outcomes and... 2023 Most Relevant
Martha M. Ertman THE NEW PRIVATE LAW THIRTY YEARS AFTER 100 Denver Law Review 533 (Spring, 2023) Law Review Articles and Other Secondary Sources   C1-2Table of Contents Introduction. 533 I. Contract as a Private Way Station. 535 II. Contractual Purgatory and Beyond. 535 III. Reparations for Racial Injustice. 538 Conclusion. 540 2023 Most Relevant
Emily J. Kawahara TRANSFORMATIVE DYNAMICS: REFRAMING THE ROLE OF REPARATIONS IN TRANSFORMING SOCIAL ORDER 60 San Diego Law Review 497 (August-September, 2023) Law Review Articles and Other Secondary Sources   C1-2Table of Contents I. Introduction. 497 II. Theory: Creating Transformative Dynamics. 499 III. Transitional Justice Mechanism: Atonement Model Reparations. 504 IV. Complementary Relationship: Reparations, Development Programs, Social Services. 507 V. Defining Expectations and Success. 510 VI. Conclusion. 511 2023 Most Relevant
Natsu Taylor Saito TRUTH, HEALING, EMPOWERMENT: ERIC YAMAMOTO ON REPARATIVE JUSTICE FOR THE PEOPLE OF JEJU 52 Southwestern Law Review 9 (2023) Law Review Articles and Other Secondary Sources   Reparative justice has been a persistent theme of scholar-activist Eric K. Yamamoto's powerful and deeply insightful human rights work. His latest book, Healing the Persisting Wounds of Historic Injustice: United States, South Korea and the Jeju 4.3 Tragedy, applies the reparations framework he has developed over many years to a particularly... 2023 Most Relevant
Carol Klier UNDERSTANDING DISCURSIVE FRAMINGS OF REPARATIONS FOR SLAVERY AND JIM CROW 60 San Diego Law Review 481 (August-September, 2023) Law Review Articles and Other Secondary Sources   C1-2Table of Contents I. Framing Reparations. 482 II. Initial Questions. 483 III. Why are Reparations Owed? Drawing a Line from Past to Present. 484 IV. What is Owed?. 487 V. Conclusion. 495 2023 Most Relevant
  2023 CONG US HR 40 118th CONGRESS, 1st Session (1/9/2023) Legislation (Proposed & Enacted)   To address the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies between 1619 and 1865 and to establish a commission to study and consider a national apology and proposal for reparations for the institution of slavery, its subsequent de jure and de facto racial and economic discrimination against African Americans, and the impact of these forces on living African Americans, to make recommendations to the Congress on appropriate remedies, and for other purposes. Ms.Jackson Lee (for herself, Ms.Kelly of Illinois, Ms.Pressley,... 2023 Most Relevant
  2023 CONG US HRES 414 118th CONGRESS, 1st Session (5/17/2023) Legislation (Proposed & Enacted)   Recognizing that the United States has a moral and legal obligation to provide reparations for the enslavement of Africans and its lasting harm on the lives of millions of Black people in the United States. Ms. Bush (for herself, Ms. Lee of California, Ms. Tlaib, Ms. Pressley, Mr. Bowman, Mrs. Ramirez, Ms. Lee of Pennsylvania, Ms. Omar, Mr. Jackson of Illinois, and Mr. Green of Texas) submitted the following resolution; which was referred to the Committee on the Judiciary Recognizing that the United States has a moral and legal obligation to provide reparations for the enslavement of Africans... 2023 Most Relevant
  2023 CONG US S 40 118th CONGRESS, 1st Session (January 24, 2023) Legislation (Proposed & Enacted)   To address the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies between 1619 and 1865 and to establish a commission to study and consider a national apology and proposal for reparations for the institution of slavery, its subsequent de jure and de facto racial and economic discrimination against African Americans, and the impact of these forces on living African Americans, to make recommendations to the Congress on appropriate remedies, and for other purposes. Mr. Booker (for himself, Mr. Durbin, Mr. Markey, Mr. Casey, Mr.... 2023 Most Relevant
Councilmembers McDuffie, Gray, Parker, Lewis George, Allen, Nadeau, R. White, T. White, Pinto, and Bonds 2023 DC L.B. 152 (NS) 2023 Washington DC Legislative Bill No. 152, Washington DC Council Period Twenty-Five (2/24/2023) Legislation (Proposed & Enacted)   SUMMARY: To amend the Department of Insurance and Securities Regulation Establishment Act of 1996 to require the Commissioner of the Department of Insurance, Securities, and Banking to establish by a time certain a slavery era database of records relating to slaveholding; to establish the Reparations Foundation Fund to provide funds for reparations that may be distributed to certain District residents, and to establish the Reparations Task Force to study and develop reparation proposals for African Americans whose ancestors suffered as a result of the institution of slavery. COUNCIL OF THE... 2023 Most Relevant
House, Rep. Carol Ammons 2023 IL H.R. 292 (NS) 2023 Illinois House Resolution No. 292, Illinois One Hundred Third General Assembly - First Regular Session (5/15/2023) Legislation (Proposed & Enacted)   SUMMARY: Declares the State of Illinois should take the lead on issues of Pan-Africanism, citizenship in Africa, and reparatory justice, and the State should champion the Eighth Pan-African Congress Part 1 (8PAC1) and its agenda to develop a continental-wide diaspora citizenship plan, establish the African Diaspora as the 6th Region of the African Union (AU), and determine a permanent headquarters for the 6th Region. Calls upon the State to immediately, through its African Descent-Citizens Reparations Commission (ADCRC), provide matrilineal and patrilineal DNA testing through African ancestry... 2023 Most Relevant
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