| Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
| K.J. Greene |
Copynorms, Black Cultural Production, and the Debate over African-american Reparations |
25 Cardozo Arts and Entertainment Law Journal 1179 (2008) |
Law Review Articles and Other Secondary Sources |
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I. African-American Creativity, Invention and innovation in historical context. 1182 A. Racial Subordniation in the Intellectual Property Context. 1183 B. Invisibility of Black Cultural Production in the Intellectual Property Context. 1184 C. The Centrality of African-American Cultural Production to U.S. Culture and Law. 1185 D. Black Creativity in... |
2008 |
Most Relevant |
| Hannibal Travis |
Genocide in Sudan: the Role of Oil Exploration and the Entitlement of the Victims to Reparations |
25 Arizona Journal of International & Comparative Law L. 1 (Spring, 2008) |
Law Review Articles and Other Secondary Sources |
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Just as war can be a form of politics carried on by other means, so can genocide represent economic policy carried out by means of mass murder. Genocide is often the outcome of acts designed to enrich a dominant racial, ethnic, religious, or political group at the expense of smaller, weaker, or supposedly inferior groups that possess valuable... |
2008 |
Most Relevant |
| John R. Schmertz, Mike Meier |
In Dispute over Interest on World War Ii Reparations from Germany, Third Circuit Finds That Joint Statement and 2000 Berlin Accords That Provide for Reparations Fund Are International Political Documents Not Enforceable Contracts and Do Not Confer Private |
14 International Law Update 178 (November, 2008) |
Law Review Articles and Other Secondary Sources |
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The Berlin Accords came into being in July 2000 after intense negotiations to resolve long-pending claims over Nazi-era slave labor, forced labor, appropriations of personal property, and dishonored insurance policies. Germany and a consortium of German companies each agreed to contribute 5 billion German Marks to the Reparations Fund created by... |
2008 |
Most Relevant |
| Fernne Brennan |
Race Rights Reparations: Exploring a Reparations Framework for Addressing Trade Inequality |
30 Hamline Journal of Public Law and Policy 89 (Fall 2008) |
Law Review Articles and Other Secondary Sources |
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Tearing people from their families, communities, culture and economies for the purpose of commerce, underpinned by racial discrimination is clearly a moral wrong that the legal system should correct. When it comes to the African Holocaust, however, the narrative shifts. Why rake up the past? Why should Europe carry the guilt? Pay? The relevance to... |
2008 |
Most Relevant |
| Danielle Boaz |
Religious Reparations from the Trans-atlantic Slave Trade: Forming Demons, Cults, and Zombies to Justify Black Enslavement |
20 Saint Thomas Law Review 604 (Spring 2008) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 605 II. The Historical Source of the Problem. 606 A. Christianity as a Justification for Slavery. 606 B. Colonial Laws Requiring Slave Conversion. 607 C. Colonial Laws Prohibiting Practice of African Religions. 607 III. Relevant International Principles. 609 IV. Projection of Future Trends. 612 V. Recommendation. 615 A. The... |
2008 |
Most Relevant |
| Dinah Shelton, Of the Board of Editors |
Repairing the Past? International Perspectives on Reparations for Gross Human Rights Abuses. Edited by Max du Plessis and Stephen Peté. Antwerp: Intersentia, 2007. Pp. Xix, 455. €89 |
102 American Journal of International Law 917 (October, 2008) |
Law Review Articles and Other Secondary Sources |
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History is filled with episodes of genocide, slavery, torture, forced conversions, and mass expulsions. These episodes remain alive in the memory of many people and sometimes resurge as a background to modern conflicts. Even the existence and boundaries of most modern states are the result of past acts and omissions that would be unlawful today... |
2008 |
Most Relevant |
| Lorie M. Graham |
Reparations, Self-determination, and the Seventh Generation |
21 Harvard Human Rights Journal 47 (Winter 2008) |
Law Review Articles and Other Secondary Sources |
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In each deliberation, we must consider the impact of our decisions on the next seven generations. --Great Law of the Haudenosaunee [T]he grandmothers and grandfathers . . . thought about us as they lived, confirmed in their belief of a continuing life . . . . --Simon Ortiz, Poet and Writer Indigenous teachings on law and family help define our... |
2008 |
Most Relevant |
| Graham P. Shaffer |
The Leesburg Stockade Girls: Why Modern Legislatures Should Extend the Statute of Limitations for Specific Jim-crow-era Reparations Lawsuits in the Wake of Alexander v. Oklahoma |
37 Stetson Law Review 941 (Spring 2008) |
Law Review Articles and Other Secondary Sources |
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Bleeding, battered, many missing shoes or other articles of clothing, the girls, some as young as ten, none older than sixteen, were stolen away under the cover of nightfall, hauled out of town, and secretly transferred to a dilapidated stockade in a remote corner of the countryside. There they would be held, under lock and key and at gunpoint, for... |
2008 |
Most Relevant |
| |
Brief Amicus Curiae of Caucasians United for Reparations and Emancipation in Support of Petitioner |
(6/20/2007) |
Briefs |
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This amicus curiae brief is submitted on behalf of the Caucasians United for Reparations and Emancipation. FN1. Counsel for both the Petitioner and Respondents have consented to the filing... |
2007 |
Most Relevant |
| Zachary F. Bookman |
A Role for Courts in Reparations |
20 National Black Law Journal 75 (2006-2007) |
Law Review Articles and Other Secondary Sources |
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While plaintiffs may be justified in seeking redress for past and present injuries, it is not within the jurisdiction of this Court to grant the requested relief. The legislature, rather than the judiciary, is the appropriate forum for plaintiff's grievances. -Judge Pamela Rymer (9th Circuit) The term reparations' generally refers to payments (in... |
2007 |
Most Relevant |
| Eric K. Yamamoto , Sandra Hye Yun Kim , Abigail M. Holden |
American Reparations Theory and Practice at the Crossroads |
44 California Western Law Review Rev. 1 (Fall 2007) |
Law Review Articles and Other Secondary Sources |
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Slowed by controversial legal claims, skeptical judges, and flagging mainstream public support, American reparations theory and practice stand at a crossroads. The path they next traverse will likely determine the long-term viability of reparations claims, not only for African Americans, but also for anyone suffering the persistent wounds of... |
2007 |
Most Relevant |
| Bernadette Atuahene |
From Reparation to Restoration: Moving Beyond Restoring Property Rights to Restoring Political and Economic Visibility |
60 SMU Law Review 1419 (Fall 2007) |
Law Review Articles and Other Secondary Sources |
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I. INTRODUCTION. 1420 II. INVISIBILITY. 1425 A. Property Confiscation Can Remove Individuals and Communities from the Social Contract and Render Them Invisible. 1425 B. Widespread Property Induced Invisibility Can Lead to Increased Enforcement Costs and Political and Economic Instability. 1440 III. RESTORATION. 1444 A. The Importance and Limits of... |
2007 |
Most Relevant |
| Tara Kolar Ramchandani |
Judicial Recognition of the Harms of Slavery: Consumer Fraud as an Alternative to Reparations Litigation |
42 Harvard Civil Rights-Civil Liberties Law Review 541 (Summer, 2007) |
Law Review Articles and Other Secondary Sources |
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Beginning as early as 1915, African Americans have attempted to gain redress for the evils of slavery through the judicial system and consistently have met defeat. These cases have been dismissed for a variety of procedural and jurisdictional reasons, including statutes of limitations, the political question doctrine, sovereign immunity, and lack... |
2007 |
Most Relevant |
| Angelique M. Davis |
Multiracialism and Reparations: the Intersection of the Multiracial Category and Reparations Movements |
29 Thomas Jefferson Law Review 161 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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Current reparations discourse raises not only the age old question of who is black? but also the political and legal complexities of making this determination in light of the recent Multiracial Category Movement (MCM). This movement seeks to create a separate multiracial classification on all private and public data collection forms. This essay... |
2007 |
Most Relevant |
| Maxine Burkett |
Reconciliation and Nonrepetition: a New Paradigm for African-american Reparations |
86 Oregon Law Review 99 (2007) |
Law Review Articles and Other Secondary Sources |
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The contemporary paradigm for African-American reparations fundamentally fails to address what should be its most vital component. Of the three essential elements of a successful reparations campaign--apology, award, and nonrepetition through reconciliation--the most vital is nonrepetition. In past successful reparations campaigns, the offending... |
2007 |
Most Relevant |
| Theodore Kornweibel, Jr. |
Reparations and Railroads |
29 Thomas Jefferson Law Review 219 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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The consolidated civil cases seeking reparations on behalf of African-American descendants of slaves were thrown out of the United States District Court in Chicago in July, 2005. These cases were the result of reparations crusader Deadria Farmer-Paellmann's determination to seek restitution from corporate America after it had become manifestly... |
2007 |
Most Relevant |
| Adrienne Davis |
Reparations and the Slave Trade |
101 American Society of International Law Proceedings 285 (March 28-31,) |
Law Review Articles and Other Secondary Sources |
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Professor Davis began her remarks by noting that the reparations debate challenges us to develop a consensus on what the U.S. experience with slavery was--what was the nature of the injury and moral wrong, and the relationship that has with our contemporary political and economic order. Instead of debating the moral and historical specificity of... |
2007 |
Most Relevant |
| |
Reparations in the Inter-american System: a Comparative Approach |
56 American University Law Review 1375 (August, 2007) |
Law Review Articles and Other Secondary Sources |
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I. Introduction: Dean Claudio Grossman. 1376 II. Reparations: A Comparative Perspective. 1377 A. Fernanda Nicola. 1377 B. Francisco Quintana. 1382 C. Diego Rodríguez-Pinzón. 1390 D. Dinah Shelton. 1396 E. Darren Hutchinson. 1402 III. Lawyering for Reparations: Inter-American Perspective. 1406 A. Agustina Del Campo. 1406 B. Carlos Ayala. 1413 C.... |
2007 |
Most Relevant |
| Kaimipono David Wenger |
Reparations Within the Rule of Law |
29 Thomas Jefferson Law Review 231 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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The debate over monetary reparations for slavery raises a number of questions. One important question is how reparations relate to the Rule of Law. There are two ways in which the Rule of Law impacts the reparations debate. First, reparations might be required under the Rule of Law. Second, they might be counter to the Rule of Law. Either... |
2007 |
Most Relevant |
| Jack Greenberg |
Reparations: Politically Inconceivable |
29 Thomas Jefferson Law Review 157 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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Compensation sought or paid for wrongs inflicted on large numbers of members of racial, religious, ethnic, or national groups is often called reparations. Usually, it has been paid, or sought, from entities that did the harm or that in some sense are the representatives of the harm doer. Sometimes the wrongdoer might be a corporation or perhaps an... |
2007 |
Most Relevant |
| Congressman John Conyers, Jr. |
Reparations: the Legislative Agenda |
29 Thomas Jefferson Law Review 151 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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Thank you so much to Richard Winchester of the famous law family, and Sue Winchester, his sister who happens to also be here. Ladies and gentlemen, members of the panel, I am happy to be with you today to discuss a subject that began when I introduced H.R. 40 in 1989. It is funny how these things start; I had a constituent, Ray Jenkins, who... |
2007 |
Most Relevant |
| Linda M. Keller |
Seeking Justice at the International Criminal Court: Victims' Reparations |
29 Thomas Jefferson Law Review 189 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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The International Criminal Court (ICC) represents a major achievement in international criminal justice, particularly with regard to victims. Victims of international crimes are, for the first time, recognized as having rights as participants in the process and as recipients of reparations. According to the ICC, reparations are aimed at... |
2007 |
Most Relevant |
| Adjoa Artis Aiyetoro |
Truth Matters: a Call for the American Bar Association to Acknowledge its past and Make Reparations to African Descendants |
18 George Mason University Civil Rights Law Journal 51 (Fall 2007) |
Law Review Articles and Other Secondary Sources |
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Look truth straight in the eye and consider remembering as a moral obligation. As the leading national bar association in the United States since its founding in 1878, the American Bar Association (ABA) played a critically important role in the exclusion of African descendant attorneys from the legal profession. Membership in the ABA opened and... |
2007 |
Most Relevant |
| |
In re African-american Slave Descendants Litigation |
471 F.3d 754, United States Court of Appeals, Seventh Circuit. (12/13/2006) |
Cases |
As of January 6, 2020 has some negative history but has not been reversed or overruled. |
CIVIL RIGHTS - Parties. Descendants of slaves lacked standing to sue private companies for reparations in federal court. |
2006 |
Most Relevant |
| Carlton Waterhouse |
Avoiding Another Step in a Series of Unfortunate Legal Events: a Consideration of Black Life under American Law from 1619 to 1972 and a Challenge to Prevailing Notions of Legally Based Reparations |
26 Boston College Third World Law Journal 207 (Spring, 2006) |
Law Review Articles and Other Secondary Sources |
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Abstract: The growing body of literature on reparations consists primarily of articles showing that black reparations are consistent with various legal theories, promote racial justice, or further broader societal goals like eliminating poverty and promoting education. This article takes the distinct position of challenging reparations supporters... |
2006 |
Most Relevant |
| Daniel A. Farber |
Backward-looking Laws and Equal Protection: the Case of Black Reparations |
74 Fordham Law Review 2271 (March, 2006) |
Law Review Articles and Other Secondary Sources |
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This Article explores two seemingly unrelated topics, proposals for black reparations and the unitary approach to the Equal Protection clause championed by Justice John Paul Stevens. As it turns out, the two have surprisingly deep connections. The unitary approach, as exemplified by Justice Stevens's equal protection jurisprudence, provides a... |
2006 |
Most Relevant |
| Kaimipono David Wenger |
Causation and Attenuation in the Slavery Reparations Debate |
40 University of San Francisco Law Review 279 (Winter 2006) |
Law Review Articles and Other Secondary Sources |
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THE MOVEMENT FOR SLAVERY reparations is struggling. Scholars continue to write about reparations, but they seem increasingly to make up the majority of the bandwagon. The media is sometimes ambivalent and occasionally hostile. The lukewarm media reception mirrors societal feelings in general. Proposed legislation has failed to advance in Congress.... |
2006 |
Most Relevant |
| Andrew Woolford, Stefan Wolejszo |
Collecting on Moral Debts: Reparations for the Holocaust and Por̆ajmos |
40 Law and Society Review 871 (December, 2006) |
Law Review Articles and Other Secondary Sources |
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In the early 1980s, Sebba (1980) explored the victimological and criminological dimensions of German Holocaust reparations, utilizing a broad definition of victimization similar to Mendelsohn's (1976) earlier framing of this notion, which included victims of genocide and mass violence. Since this time, scant attention has been paid to the... |
2006 |
Most Relevant |
| Eric L. Muller |
Fixing a Hole: How the Criminal Law Can Bolster Reparations Theory |
47 Boston College Law Review 659 (July, 2006) |
Law Review Articles and Other Secondary Sources |
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Abstract: High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have... |
2006 |
Most Relevant |
| Kristl K. Ishikane |
Korean Sex Slaves' Unfinished Journey for Justice: Reparations from the Japanese Government for the Institutionalized Enslavement and Mass Military Rapes of Korean Women During World War Ii |
29 University of Hawaii Law Review 123 (Winter 2006) |
Law Review Articles and Other Secondary Sources |
|
I can no longer tolerate the lies of the Japanese government. Kim Hak-Sun On August 14, 1991, Kim Hak-Sun broke the silence that had tormented her for more than fifty years. Disgusted with the Japanese government's lies about its wartime atrocities, she became the first victim to publicly tell the story of her life as a Korean sex slave of the... |
2006 |
Most Relevant |