| Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
| Rachel Frazin |
Top House Dem Dismisses Reparations as 2020 Candidates Endorse Idea |
The Hill (3/5/2019) |
Law Review Articles and Other Secondary Sources |
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House Majority Whip James Clyburn (D-S.C.) said that he takes issue with using reparations to lessen racial inequality, as 2020 candidates have come out in favor of the idea, The Post and Courier reported Tuesday. |
2019 |
Most Relevant |
| Michael Burke |
Warren, Harris Back Reparations for Black Americans Affected by Slavery |
The Hill (2/21/2019) |
Law Review Articles and Other Secondary Sources |
|
Democratic Sens. Kamala Harris (Calif.) and Elizabeth Warren (Mass.), who are both running for president, have reportedly said they support reparations for black Americans affected by slavery. |
2019 |
Most Relevant |
| Susan K. Serrano |
A Reparative Justice Approach to Assessing Ancestral Classifications Aimed at Colonization's Harms |
27 William & Mary Bill of Rights Journal 501 (December, 2018) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 501 I. Davis V. Guam in Legal-Political Context. 506 A. The Dismantling of Justice. 507 B. Rice v. Cayetano: Ancestry as Proxy for Race. 510 C. Davis v. Guam: Ancestry as Invidious Racial Purpose. 514 II. A Reparative Justice Approach to Remedying the Harms of Colonization. 518 A. Ancestry and Race as Key to Colonization. 519 B.... |
2018 |
Most Relevant |
| Brian G. Gilmore , Hannah D. Adams |
The Case for a Reparations Clinic: a Proposal for Investigation, Documentation, and Remediation of Historic Housing Discrimination Through the Law School Clinic Model |
2018 Michigan State Law Review 1309 (2018) |
Law Review Articles and Other Secondary Sources |
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This Article will provide a blueprint for the creation of a law school based, or associated, clinic dedicated to addressing wealth and inequality issues created by the nation's racial caste system. Much of the focus shall be on reparations for discriminatory conduct in the housing market, but the Article shall also focus upon reparations in general... |
2018 |
Most Relevant |
| Teri A. McMurtry-Chubb |
The Rhetoric of Race, Redemption, and Will Contests: Inheritance as Reparations in John Grisham's Sycamore Row |
48 University of Memphis Law Review 889 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 890 II. Reparations as Racial Rhetoric: Racializing Nomos, Logos, Pathos, and Ethos. 893 A. The Racialized Universe of Reparations Discourse. 893 B. Logos, Ideographs, and Analytical Frameworks in Reparations Litigation. 910 1. Johnson v. McAdoo. 915 2. Cato v. United States. 917 3. Pigford v. Glickman. 922 4. Obadele v. United... |
2018 |
Most Relevant |
| Makiba Gaines |
This Means War: a Case for Just Reparations under the Doctrine of Inalienability |
30 Regent University Law Review 433 (2017-2018) |
Law Review Articles and Other Secondary Sources |
|
A close examination of America's post-emancipation timeline reveals incessant cycles of racial discord marked by turbulent junctures of conflict between Blacks and American governments. Sustained antagonism is evinced by at least one major declaration of mass dissent every twenty to thirty years since ratification of the Thirteenth Amendment. Most... |
2018 |
Most Relevant |
| Andrew S. Baer |
Dignity Restoration and the Chicago Police Torture Reparations Ordinance |
92 Chicago-Kent Law Review 769 (2017) |
Law Review Articles and Other Secondary Sources |
|
Focusing on a high-profile police torture scandal from 1970s and 1980s Chicago, this essay expands on Bernadette Atuahene's theory of dignity takings and dignity restoration by foregrounding the agency of dignity takers and dignity restorers. Section II summarizes Atuahene's model and reviews how scholars have borrowed, applied, and extended her... |
2017 |
Most Relevant |
| Kenneth L. Lewis, Jr. |
The Naimbian Holocaust: Genocide Ignored, History Repeated, Yet Reparations Denied |
29 Florida Journal of International Law 133 (April, 2017) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 134 II. The Namibian Holocaust. 136 III. The Annihilation of the Indigenous Namibian People Was Unlawful Under International Law, Treaties, and Conventions. 138 A. Germany Violated Customary International Law. 138 B. Germany Violated the 1899 Hague Convention. 139 IV. Germany's Reasons for not Compensating the Namibian People Are,... |
2017 |
Most Relevant |
| Catherine Millas Kaiman |
Environmental Justice and Community-based Reparations |
39 Seattle University Law Review 1327 (Summer, 2016) |
Law Review Articles and Other Secondary Sources |
|
C1-2Contents Introduction. 1328 I. Environmental Justice Case Study: Old Smokey. 1331 II. The Environmental Justice Movement. 1334 A. The Early Days of Environmental Justice. 1336 B. Environmental Justice Progress. 1338 III. Tools and Barriers. 1339 A. Environmental Laws. 1340 1. National Environmental Protection Act. 1342 2. Executive Order... |
2016 |
Most Relevant |
| David L. Attanasio |
Extraordinary Reparations, Legitimacy, and the Inter-american Court |
37 University of Pennsylvania Journal of International Law 813 (Spring 2016) |
Law Review Articles and Other Secondary Sources |
|
1. Introduction. 815 2. Inter-American Reparations and the Problem of Legitimacy. 823 2.1. The Reparations Jurisprudence of the Inter-American Court. 823 2.2. Traditional Corrective Justice and Requirements for Genuine Reparations. 832 2.3. Requirements for Genuine Reparations and the Problem of Legitimacy. 837 3. Cessation of Human Rights... |
2016 |
Most Relevant |
| Stephen Oliwa |
Is it Too Late Now to Say Sorry: German Reparations to Homosexuals |
18 Rutgers Journal of Law & Religion 95 (Fall, 2016) |
Law Review Articles and Other Secondary Sources |
|
Thousands of gay Germans were convicted--some even put to death--under a 1871 law that was on the books in Germany through the Holocaust until 1994. Germany's Green Party representatives Katja Keul and Volker Beck have demanded reparations on behalf of the thousands of men whose lives were ruined after being convicted under the provision. This... |
2016 |
Most Relevant |
| Erika C. Weaver |
Reparations for Descendants of American Slaves: the Recurring Clarion Call That Emerges from Race-based, Social, and Political Movements |
21 Public Interest Law Reporter 167 (Spring, 2016) |
Law Review Articles and Other Secondary Sources |
|
The demand for reparations isn't new. It began with Callie House after enslavement ended. She knew that soldiers were given pension and sought a pension for freed slaves who were too old to work. In 2014, Ta-Nehisi Coates reminded societies of the moral and ethical premise of reparations when he quoted Deuteronomy 15:12-15. Coates' piece detailed... |
2016 |
Most Relevant |
| Ethan Hee-Seok Shin |
The "Comfort Women" Reparation Movement: Between Universal Women's Human Right and Particular Anti-colonial Nationalism |
28 Florida Journal of International Law 87 (April, 2016) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 88 II. Imperial Japan and Its Aftermath. 91 A. Imperial Japan up to 1945. 91 B. The Politico-Legal Settlement after World War II. 94 C. Reparation Movement since the 1990s: From the Political to the Legal. 99 III. Main Legal Issues of the Japanese Reparation. 103 A. (Il)legality of Imperial Japan's Colonial Rule over Korea. 103 B.... |
2016 |
Most Relevant |
| G. Flint Taylor |
The Long Path to Reparations for the Survivors of Chicago Police Torture |
11 Northwestern Journal of Law & Social Policy 330 (Spring, 2016) |
Law Review Articles and Other Secondary Sources |
|
In the early 1970s, a Chicago police detective named Jon Burge began a nearly twenty-year reign of police terror that was visited upon more than 120 almost exclusively African-American men who were interrogated at police stations on the South and West sides of Chicago. Burge, working with a unit of white detectives who came to be known as the... |
2016 |
Most Relevant |
| Nancy Amoury Combs |
From Prosecutorial to Reparatory: a Valuable Post-conflict Change of Focus |
36 Michigan Journal of International Law 219 (Winter 2015) |
Law Review Articles and Other Secondary Sources |
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Introduction. 219 I. International Criminal Prosecutions: Three Key Challenges. 226 A. Obtaining Custody Over Defendants. 227 B. Finding Accurate Facts. 234 C. Selectivity. 238 D. Summary. 239 II. Reparations as a Viable Alternative. 239 A. Obtaining Funds for Reparations. 243 B. Finding Accurate Facts. 257 III. The Normative Case for Shifting... |
2015 |
Most Relevant |
| Reginald C. Wisenbaker, Jr. |
Muslim Community Reparations |
2 Savannah Law Review 391 (2015) |
Law Review Articles and Other Secondary Sources |
|
Muslim Americans are often targets of ill-founded discrimination, hate, and suspicion. Through popular cultural portrayals, salacious media reporting, and targeted governmental policies, Muslim Americans suffer from discrimination because mainstream Islam has become improperly conflated with terrorism in the United States. Compounding the harm,... |
2015 |
Most Relevant |
| Nickolas Kaplan |
Reparations Now!: Municipal Reparations, International Tribunals, and the Chicago Torture Justice Memorials Campaign |
20 Public Interest Law Reporter 116 (Spring, 2015) |
Law Review Articles and Other Secondary Sources |
|
Chicago is an epicenter of systemic anti-black state violence. The murder of Fred Hampton, the torture ring of Chicago Police Department Commander Jon Burge, and the domestic equivalent of CIA black site at Homan Square are just the tip of the iceberg. Almost 500 people have been killed by U.S. law enforcement in 2015 as of June 1, with the... |
2015 |
Most Relevant |
| Cameron Bell |
Repatriate . . . Then Compensate: Why the United States Owes Reparation Payments to Former Guantánamo Detainees |
48 Loyola of Los Angeles Law Review 867 (Spring 2015) |
Law Review Articles and Other Secondary Sources |
|
In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the war on terror detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture--conduct that violates well-established prohibitions against... |
2015 |
Most Relevant |
| Ayesha Bell Hardaway |
The Breach of the Common Law Trust Relationship Between the United States and African Americans: a Substantive Right to Reparations |
39 New York University Review of Law and Social Change 525 (2015) |
Law Review Articles and Other Secondary Sources |
|
You don't simply say I'm sorry to the man you've robbed. You return what you stole or your apology takes on a hollow ring. Introduction. 526 I. An Overview of African American Reparations Claims. 529 A. Waivers of Sovereign Immunity. 531 1. The Federal Tort Claims Act. 533 2. The Tucker Act. 533 B. Notable African American Reparations Claims.... |
2015 |
Most Relevant |
| Joey L. Mogul |
The Struggle for Reparations in the Burge Torture Cases: the Grassroots Struggle That Could |
21 Public Interest Law Reporter 209 (Symposium, 2015) |
Law Review Articles and Other Secondary Sources |
|
On May 6, 2015, the City of Chicago passed unprecedented legislation providing reparations to Black people tortured by a former Chicago Police Commander and a ring of detectives under his command. This historic moment was the culmination of a forty-year struggle that involved decades of litigation, organizing and investigative journalism. It is... |
2015 |
Most Relevant |
| Thomas M. Antkowiak |
A Dark Side of Virtue: the Inter-american Court and Reparations for Indigenous Peoples |
25 Duke Journal of Comparative & International Law L. 1 (Fall 2014) |
Law Review Articles and Other Secondary Sources |
|
INTRODUCTION. 2 I. REMEDIES IN INTERNATIONAL LAW FOR HUMAN RIGHTS VIOLATIONS. 5 A. Overview. 5 B. Remedies for Indigenous Peoples in International Law. 10 II. THE INTER-AMERICAN COURT'S CASE LAW: REPARATIONS FOR INDIGENOUS PEOPLES. 17 A. Introduction. 17 1. Definition and Case Selection. 17 2. The Court's General Criteria for Monetary and... |
2014 |
Most Relevant |
| Aurora E. Bewicke |
Realizing the Right to Reparations for Girl Soldiers: a Child-sensitive and Gendered Approach |
26 Columbia Journal of Gender and Law 182 (2014) |
Law Review Articles and Other Secondary Sources |
|
The 2012 guilty verdict issued by the International Criminal Court (ICC) in the Thomas Lubanga Dyilo case has brought significant attention to the issue of child soldiering. Yet, despite global attempts to criminalize child soldier recruitment, armed groups' willingness to capitalize on children's inherent vulnerabilities and the proliferation of... |
2014 |
Most Relevant |
| Gregory S. Alexander |
The Complexities of Land Reparations |
39 Law and Social Inquiry 874 (Fall, 2014) |
Law Review Articles and Other Secondary Sources |
|
The question whether unjust dispossessions of land perpetrated on whole peoples in the past should be corrected by restitution in kind, that is, granting reparations in the form of returning land to the dispossessed former owners or their present-day successors, is substantially more complex than the questions posed by other forms of reparations. 1... |
2014 |
Most Relevant |
| Morgan Lynn Klinzing |
Denying Reparation for Slave and Forced Laborers in World War Ii and the Ensuing Humanitarian Rights Implications: a Case Study of the Icj's Recent Decision in Jurisdictional Immunities of the State (Ger. v. It.: Greece Intervening) |
41 Georgia Journal of International and Comparative Law 775 (Spring, 2013) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 777 II. Historical Background. 778 A. Early Restitution. 779 B. Litigation of Forced Labor Claims. 781 C. The German Foundation Remembrance, Responsibility, and the Future'. 784 D. Previous Developments and Cases in Italy and Greece. 786 III. Case Analysis. 788 A. Greek Judgments Enforced in Italy. 789 B. Italy's Arguments and the... |
2013 |
Most Relevant |
| Nell Moley |
Methods of Reparations in the International Criminal Court: the Impossibility of Individual Awards in the Democratic Republic of Congo |
17 UCLA Journal of International Law and Foreign Affairs 251 (Spring 2013) |
Law Review Articles and Other Secondary Sources |
|
After reaching its first ever conviction of Thomas Lubanga Dyilo for the commission of war crimes, the International Criminal Court faces unanswered questions regarding payment of reparations to victims of mass atrocities and war crimes. This Comment examines the current situation in the Democratic Republic of Congo, and discusses whether... |
2013 |
Most Relevant |
| Kindaka Jamal Sanders |
Re-assembling Osiris: Rule 23, the Black Farmers Case, and Reparations |
118 Penn State Law Review 339 (Fall 2013) |
Law Review Articles and Other Secondary Sources |
|
This Article examines why the Black Farmers case, a series of legal events involving claims of racial discrimination by African-American farmers against the federal government, may technically qualify as a slavery reparations case. This Article also explores how the case became a viable slavery reparations case in a legal and political environment... |
2013 |
Most Relevant |
| Eric K. Yamamoto , Susan K. Serrano |
Reparations Theory and Practice Then and Now: Mau Mau Redress Litigation and the British High Court |
18 Asian Pacific American Law Journal 71 (Fall 2012-Spring) |
Law Review Articles and Other Secondary Sources |
|
Claims to reparations for historic injustice mark the modern global landscape. Starting in the late 1980s, with the United States' redress for 120,000 wrongly incarcerated American citizens and Japanese ancestry during World War II, reparations advocates advanced claims on behalf of African Americans, Native Americans, Native Hawaiians and... |
2013 |
Most Relevant |
| Patricia M. Muhammad |
The Trans-atlantic Slave Trade: a Legacy Establishing a Case for International Reparations |
3 Columbia Journal of Race and Law 147 (2013) |
Law Review Articles and Other Secondary Sources |
|
This Article examines the legal principle of restitution (reparations) as applied to crimes against humanity that were committed as a result of the Trans-Atlantic Slave trade, as enumerated in international conventions and statutes. The Trans-Atlantic Slave trade's peculiar attractiveness to Western nation-states that implemented the institution... |
2013 |
Most Relevant |
| David L. Eng |
Reparations and the Human |
21 Columbia Journal of Gender and Law 159 (2012) |
Law Review Articles and Other Secondary Sources |
|
Perhaps most importantly, we must recognize that ethics requires us to risk ourselves precisely at moments of unknowingness, when what forms us diverges from what lies before us, when our willingness to become undone in relation to others constitutes our chance of becoming human. To be undone by another is a primary necessity, an anguish, to be... |
2012 |
Most Relevant |
| Ruth Rubio-Marin |
Reparations for Conflict-related Sexual and Reproductive Violence: a Decalogue |
19 William and Mary Journal of Women and the Law 69 (Fall, 2012) |
Law Review Articles and Other Secondary Sources |
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Introduction I. Harm-Centered Reparations: The Specificity of Sexual Violence-Related Harms II. Decalogue for Reparations of Victims of Sexual and Reproductive Violence A. Administrative Reparations Programs B. Ensuring the Participation of Victims and Relevant Civil Society Actors C. Overcoming Silencing, Under-Inclusion, Undervaluation, and... |
2012 |
Most Relevant |