| Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
| Danielle Boaz |
Introducing Religious Reparations: Repairing the Perceptions of African Religions Through Expansions in Education |
26 Journal of Law and Religion 213 (2010-2011) |
Law Review Articles and Other Secondary Sources |
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Western bookstores today are full of small boxes that advertise Voodoo Revenge Kit on the front. Their short descriptions encourage anyone who wishes to harm a cheating lover and curse a difficult boss to buy this product. Companies now sell t-shirts, mugs, buttons and key chains with voodoo dolls, and bound figures with needles through the... |
2011 |
Most Relevant |
| Charles E. Rounds, Jr. |
Proponents of Extracting Slavery Reparations from Private Interests must Contend with Equity's Maxims |
42 University of Toledo Law Review 673 (Spring 2011) |
Law Review Articles and Other Secondary Sources |
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The sensitive ear has heard the collective thank you from those who were freed, as well as the historic apologies in words and deeds from persons of good will for the evils of slavery.--Charles Ronald Norgle, District Judge. A court of law or a court of equity is not an appropriate forum in which to resolve issues of collective descendant... |
2011 |
Most Relevant |
| Anita Bernstein , Hans Dieter Seibel |
Reparations, Microfinance, and Gender: a Plan, with Strategies for Implementation |
44 Cornell International Law Journal 75 (Winter 2011) |
Law Review Articles and Other Secondary Sources |
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Introduction. 76 I. The Strategy. 79 A. Engaging Microfinance Institutions to Effect Reparations. 79 1. Terminology. 79 2. The Plan in Brief: Transfer Payments to, and Shares in, Microfinance Institutions. 80 3. Upgrading and Linking to Larger Financial Institutions. 81 4. Options for the Reparations Plan. 85 B. Extending the Microfinance Record.... |
2011 |
Most Relevant |
| Carlton Waterhouse |
Total Recall: Restoring the Public Memory of Enslaved African-americans and the American System of Slavery Through Rectificatory Justice and Reparations |
14 Journal of Gender, Race and Justice 703 (Summer 2011) |
Law Review Articles and Other Secondary Sources |
|
Between the founding of the Republic and the Civil War, the majority of the presidents--from Washington, Jefferson, Madison, Monroe, and Jackson through Tyler, Polk, and Taylor--were slaveholders, and generally substantial ones. The same was true for the justices of the Supreme Court, where for most of the period between the ratification of the... |
2011 |
Most Relevant |
| Julian Simcock |
Unfinished Business: Reconciling the Apartheid Reparation Litigation with South Africa's Truth and Reconciliation Commission |
47 Stanford Journal of International Law 239 (Winter 2011) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 239 II. Part I: The Structure and Intent of South Africa's TRC. 242 A. Historical Context. 243 B. Structure--An African Conception of Justice?. 245 C. The Nature of Reparations Recommended by the TRC. 246 D. The TRC's Approach to Amnesty. 248 III. Part II: Corporate Participation in the TRC. 249 A. The TRC's Approach to... |
2011 |
Most Relevant |
| Adjoa A. Aiyetoro |
Why Reparations to African Descendants in the United States Are Essential to Democracy |
14 Journal of Gender, Race and Justice 633 (Summer 2011) |
Law Review Articles and Other Secondary Sources |
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We can have democracy in this country or we can have great wealth concentrated in the hands of a few, but we can't have both. Louis Dembitz Brandeis 1856-1941 Democracy is not identical with majority rule. Democracy is a State which recognizes the subjection of the minority to the majority, that is, an organization for the systematic use of force... |
2011 |
Most Relevant |
| Lolita Buckner Inniss |
A Critical Legal Rhetoric Approach to in re African-American Slave Descendants Litigation |
24 Saint John's Journal of Legal Commentary 649 (Summer 2010) |
Law Review Articles and Other Secondary Sources |
|
Critical legal rhetoric is a means of explicating the way in which rhetoric and ideology relate to law. It names the rhetorical practices and clarifies the ideologies that go into making up the law's articulations. Critical legal rhetoric is, in other words, a way of understanding not only why law performs its work, but how. Critical legal rhetoric... |
2010 |
Most Relevant |
| David C. Gray |
A No-excuse Approach to Transitional Justice: Reparations as Tools of Extraordinary Justice |
87 Washington University Law Review 1043 (2010) |
Law Review Articles and Other Secondary Sources |
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It is sometimes the case that a debate goes off the rails so early that riders assume the rough country around them is the natural backdrop for their travels. That is certainly true in the debate over reparations in transitions to democracy. Reparations traditionally are understood as material or symbolic awards to victims of an abusive regime... |
2010 |
Most Relevant |
| Adjoa A. Aiyetoro, Adrienne D. Davis |
Historic and Modern Social Movements for Reparations: the National Coalition of Blacks for Reparations in America (N'cobra) and its Antecedents |
16 Texas Wesleyan Law Review 687 (Symposium Edition 2010) |
Law Review Articles and Other Secondary Sources |
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In the 1950s, a young mother in Fairbanks, Alaska joined her local NAACP. Ten years later, a freshman student at Bowdoin College in Maine began studies that included a course on Jean-Paul Sartre's existentialism. During the same decade, two social workers blended their work for New York's state and municipal organizations with their racial... |
2010 |
Most Relevant |
| Andre Smith, Carlton Waterhouse |
No Reparation Without Taxation: Applying the Internal Revenue Code to the Concept of Reparations for Slavery and Segregation |
7 Pittsburgh Tax Review 159 (Spring, 2010) |
Law Review Articles and Other Secondary Sources |
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Carlton: Andre, if you don't mind terribly, I'd like your opinion on the relationship between taxes and the concept of reparations generally and reparations to Blacks for slavery and segregation specifically. As you know, I have done considerable research and writing on the subject of reparations for slavery and segregation. Most scholarship... |
2010 |
Most Relevant |
| Martin D. Carcieri |
Rawls and Reparations |
15 Michigan Journal of Race and Law 267 (Spring 2010) |
Law Review Articles and Other Secondary Sources |
|
In the past two years, four related events have sharpened debates on race in the U.S.: President Obama's election, the nomination of Judge Sonia Sotomayor to the Supreme Court, that Court's ruling in Ricci v. DeStefano, and the arrest of Obama's friend, Harvard professor Henry Gates. The President has spoken of a teaching moment arising from... |
2010 |
Most Relevant |
| Chandra Lekha Sriram, University of East London School of Law, Email: C.Sriram@uel.ac.uk |
Ruth Rubio-marìn (Ed.). the Gender of Reparations. Unsettling Sexual Hierarchies While Redressing Human Rights Violations. Cambridge: Cambridge University Press, 2009. Pp. 416. $99. Isbn 9780521517928 |
21 European Journal of International Law 490 (May, 2010) |
Law Review Articles and Other Secondary Sources |
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Reparations are increasingly being offered, or at least recommended, in transitional justice processes, and the literature examining them has grown concomitantly. At the same time, practitioners of both peacebuilding and transitional justice have begun to recognize that the needs of women and girls have been dealt with inadequately. This volume,... |
2010 |
Most Relevant |
| John Torpey , Maxine Burkett |
The Debate over African American Reparations |
6 Annual Review of Law and Social Science 449 (2010) |
Law Review Articles and Other Secondary Sources |
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racial inequality, redress, coming to terms with the past This article offers an overview of the debate over reparations for African Americans in the United States. We state the point in this way because there is little consensus about the cause of action for which reparations are sought, whether for slavery or segregation; for that matter, there... |
2010 |
Most Relevant |
| Antonio Raimundo |
The Filipino Veterans Equity Movement: a Case Study in Reparations Theory |
98 California Law Review 575 (April, 2010) |
Law Review Articles and Other Secondary Sources |
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In February 2009, the United States enacted a law that provided $198 million in one-time direct individual payments and official service recognition to Filipino veterans who fought for the United States in the Pacific theater of World War II. Under the payment program, Filipino veterans with U.S. citizenship will receive $15,000, while non-U.S.... |
2010 |
Most Relevant |
| Emily A. Prifogle |
The Gender of Reparations: Unsettling Sexual Hierarchies While Redressing Human Rights Violations Edited by Ruth Rubio-marín. Cambridge: Cambridge University Press, 2009. 402 Pp. $99.00 Hardback. |
25 Berkeley Journal of Gender, Law & Justice 236 (Spring 2010) |
Law Review Articles and Other Secondary Sources |
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The new book, The Gender of Reparations: Unsettling Sexual Hierarchies While Redressing Human Rights Violations, edited by Ruth Rubio-Marín, is a powerful interdisciplinary exploration of gendered reparations in transitional countries. Through a gendered perspective, it not only dives deep into the human rights violations experienced by women, it... |
2010 |
Most Relevant |
| Dekera Greene |
Ain't No Peace until We Get a Piece: Exploring the Justiciability and Potential Mechanisms of Reparations for American Blacks Through United States Law, Specific Modes of International Law, and the Covenant for the Elimination of All Forms of Racial Discr |
5 Modern American 10 (Spring, 2009) |
Law Review Articles and Other Secondary Sources |
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In the beginning was the word And the word was Death And the word was nigger And the word was death to all niggers And the word was death to all life And the word was death to all peace be still . In the name of peace They waged the wars ain't they got no shame In the name of peace Lot's wife is now a product of the Morton company nah they ain't... |
2009 |
Most Relevant |
| Maxine Burkett |
Climate Reparations |
10 Melbourne Journal of International Law 509 (October, 2009) |
Law Review Articles and Other Secondary Sources |
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The impacts of climate change are experienced unevenly, with the most vulnerable -- the climate vulnerable -- set to suffer first and worst. These impacts demonstrate a grand irony: those who suffer most acutely are also those who are least responsible for the crisis to date. That irony introduces a great ethical dilemma, one that our systems of... |
2009 |
Most Relevant |
| Derrick Darby |
Educational Inequality and the Science of Diversity in Grutter: a Lesson for the Reparations Debate in the Age of Obama |
57 University of Kansas Law Review 755 (May, 2009) |
Law Review Articles and Other Secondary Sources |
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Courts know today that statutes are to be viewed, not in isolation or in vacuo, as pronouncements of abstract principles for the guidance of an ideal community, but in the setting and the framework of present-day conditions, as revealed by the labors of economists and students of the social sciences in our own country and abroad. More than five... |
2009 |
Most Relevant |
| Carlton Waterhouse |
Follow the Yellow Brick Road: Perusing the Path to Constitutionally Permissible Reparations for Slavery and Jim Crow Era Governmental Discrimination |
62 Rutgers Law Review 163 (Fall 2009) |
Law Review Articles and Other Secondary Sources |
|
A growing body of scholarship has developed around the issue of reparations for the Holocaust, slavery, and other social injustices. Numerous articles have proposed reparations programs for America's legacy of race based slavery and segregation, but the constitutionality of those programs has largely been ignored in the literature. Instead, most... |
2009 |
Most Relevant |
| Stacy Elmer |
Health Disparities and Historical Injustice in Sierra Leone: a Case for Reparations? |
57 University of Kansas Law Review 971 (May, 2009) |
Law Review Articles and Other Secondary Sources |
|
You would rather have a Lexus or justice, a dream or some substance? A Beamer, a necklace, or freedom? -- Dead Prez, Hip-Hop In 2000, the World Health Organization ranked Sierra Leone as the country with the least efficient health system of any country in the world. With sixty-eight percent of its population living below the poverty line, Sierra... |
2009 |
Most Relevant |
| Anita Bernstein |
Pecuniary Reparations Following National Crisis: a Convergence of Tort Theory, Microfinance, and Gender Equality |
31 University of Pennsylvania Journal of International Law L. 1 (Fall 2009) |
Law Review Articles and Other Secondary Sources |
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Numerous possible contexts can impel national governments to start reparations programs. From the array of possibilities, this Article focuses on reparations for the effects of a crisis that ravaged a whole nation--for example civil war, genocide, dictatorship, or apartheid--rather than on one discrete, odious deviation from the norms of a... |
2009 |
Most Relevant |
| Morgane Landel |
Proposals for a Truth Commission and Reparations Program for Victims of Torture by Us Forces since 9/11 |
16 ILSA Journal of International and Comparative Law 115 (Fall, 2009) |
Law Review Articles and Other Secondary Sources |
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I. L2-3,T3Introduction 115. II. L2-3,T3What Has Been the US Response So Far to Allegations of Abuse? 119. III. L2-3,T3What Are the US's International Obligations in Relation to the Right to Truth? 120. IV. L2-3,T3What is the Purpose of Truth Commissions? 122. V. L2-3,T3Why Call it a Truth Commission? 126. VI. L2-3,T3Proposals for a Truth Commission... |
2009 |
Most Relevant |
| Shelley Buchanan |
Questioning the Political Question Doctrine: Inconsistent Applications in Reparations and Alien Tort Claims Act Litigation |
17 Cardozo Journal of International and Comparative Law 345 (Spring 2009) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 345 II. Historical Background of the ATCA. 349 A. Filartiga v. Pena-Irala. 349 B. Sosa v. Alvarez-Machain. 352 III. The Political Question Doctrine. 354 A. Historical Background. 354 B. Statements of Interest by the State Department. 355 IV. Reparations Movements. 361 A. Historical Background. 363 1. Holocaust Era Litigation. 364... |
2009 |
Most Relevant |
| Hao Duy Phan |
Reparations to Victims of Gross Human Rights Violations: the Case of Cambodia |
4 East Asia Law Review 277 (Fall, 2009) |
Law Review Articles and Other Secondary Sources |
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The world community has introduced various legal instruments regarding reparations for gross violations of human rights. In Cambodia, however, reparations for those seriously and systematically deprived of their rights by the Khmer Rouge regime remain an unresolved issue, even after the establishment of the Extraordinary Chambers in the Courts of... |
2009 |
Most Relevant |
| Yael Weitz |
Rwandan Genocide: Taking Notes from the Holocaust Reparations Movement |
15 Cardozo Journal of Law & Gender 357 (Winter 2009) |
Law Review Articles and Other Secondary Sources |
|
The devastating scale and scope of World War II brought about the international community's recognition of victims' rights. In the years after the war, the international community came to acknowledge victims as a distinct group, deserving of reparations for their physical and emotional damage. Moreover, the reparations movement that developed in... |
2009 |
Most Relevant |
| Jason Levy |
Slavery Disclosure Laws: for Financial Reparations or for "Telling the Truth?" |
2009 Columbia Business Law Review 468 (2009) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 469 II. Background. 472 A. Prior Attempts to Secure Financial Reparations through Litigation or Legislation. 474 B. Prior Attempts to Secure Historical Acknowledgment Reparations. 479 III. Modes of Reparations Applied to Slavery Disclosure Laws. 483 A. Slavery Disclosure Laws as Promoting Financial Reparations Lawsuits. 483 B.... |
2009 |
Most Relevant |
| William Darity Jr. |
Stratification Economics: Context Versus Culture and the Reparations Controversy |
57 University of Kansas Law Review 795 (May, 2009) |
Law Review Articles and Other Secondary Sources |
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The general intent of any program of reparations for a grievous injustice should be threefold: acknowledgment, redress (restitution or atonement ), and closure. Acknowledgment involves recognition and admission of the wrong by the perpetrators and/or beneficiaries of the wrong. In the case of blacks, this would mean the receipt of a formal apology... |
2009 |
Most Relevant |
| Dartanyon Burrows |
The Debate over the Current Reparations Movement |
2 the crit: a Critical Studies Journal 99 (Spring, 2009) |
Law Review Articles and Other Secondary Sources |
|
One of my favorite events of the summer is the annual Obon Festival, held by the members of the Idaho-Oregon Buddhist Temple in a small farming community where I grew up. The vast majority of Temple members are Japanese American. The Obon is a Japanese tradition, held to honor and remember ancestors and to celebrate community. The Temple's festival... |
2009 |
Most Relevant |
| Kevin Outterson |
The End of Reparations Talk: Reparations in an Obama World |
57 University of Kansas Law Review 935 (May, 2009) |
Law Review Articles and Other Secondary Sources |
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Several years ago, I wrote an article on reparations for disparities in Black health in the United States. The world did little note nor long remember what I said in that article. But, the University of Kansas Law Review has rescued my thoughts from obscurity, at least temporarily. My thesis proceeded in three parts: (1) U.S. disparities in Black... |
2009 |
Most Relevant |
| Carlton Waterhouse |
The Good, the Bad, and the Ugly: Moral Agency and the Role of Victims in Reparations Programs |
31 University of Pennsylvania Journal of International Law 257 (Fall 2009) |
Law Review Articles and Other Secondary Sources |
|
In the ongoing debate over reparations for slavery and its legacy in the United States, much of the reparations scholarship pays little attention to the quality of past reparations programs implemented domestically or abroad. Most commentators emphasize the need for former wrongdoers to make apology, recompense, or restitution rather than looking... |
2009 |
Most Relevant |