| Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
| Verna L. Williams |
Reading, Writing, and Reparations: Systemic Reform of Public Schools as a Matter of Justice |
11 Michigan Journal of Race and Law 419 (Spring 2006) |
Law Review Articles and Other Secondary Sources |
|
INTRODUCTION. 420 I. Reparations Theory: Performing Critical Race Theory and Praxis. 428 A. Contextualizing Race and Racism. 429 B. Promoting Systemic Change. 430 C. Extending Beyond a Binary Approach to Race. 432 II. Assessing The Brown Fund Act as a Reparative Measure. 435 A. Prince Edward County: Beyond Massive Resistance. 437 B. Putting the... |
2006 |
Most Relevant |
| Alfred L. Brophy |
Reconsidering Reparations |
81 Indiana Law Journal 811 (Summer, 2006) |
Law Review Articles and Other Secondary Sources |
|
Eric Posner's and Adrian Vermeule's essay, Reparations for Slavery and Other Historic Injustices, seeks a framework for defining reparations and evaluating reparations claims. It explores a limited set of past reparations, as well as the connections between those asked to pay reparations and past wrongdoers, and the connections between those... |
2006 |
Most Relevant |
| Amy J. Sepinwall |
Responsibility for Historical Injustices: Reconceiving the Case for Reparations |
22 Journal of Law & Politics 183 (Summer 2006) |
Law Review Articles and Other Secondary Sources |
|
We will have to repent . . . not only for the vitriolic words and actions of the bad people, but for the appalling silence of the good people. The twentieth century ended with the vindication of many of its most mistreated victims' cries for reparation. Holocaust survivors retrieved over $8 billion in assets frozen in bank accounts or looted by... |
2006 |
Most Relevant |
| Michael F. Blevins, J.D., M. Div., L.L.M.-Intercultural Human Rights , LL.M. Thesis, St. Thomas University School of Law |
Restorative Justice, Slavery, and the American Soul, a Policy-oriented Intercultural Human Rights Approach to the Question of Reparations |
31 Thurgood Marshall Law Review 253 (Spring, 2006) |
Law Review Articles and Other Secondary Sources |
|
Power never concedes anything without a demand. It never has and never will. -Frederick Douglass (1817-1895) The moral arc of the universe is long, but it bends toward justice. -Theodore Parker (1810-1860) 9-11-01 changed everything. We know the refrain well. And so did September 2005: Hurricane Katrina caused more destruction and human suffering... |
2006 |
Most Relevant |
| |
In re African-american Slave Descendants Litigation |
375 F.Supp.2d 721, United States District Court, N.D. Illinois, Eastern Division. (7/6/2005) |
Cases |
As of January 6, 2020 case has been reversed or overruled. |
LITIGATION - Jurisdiction. Political question doctrine barred adjudication of suit seeking reparations from corporations which profited from slavery. |
2005 |
Most Relevant |
| Richard M. Buxbaum |
A Legal History of International Reparations |
23 Berkeley Journal of International Law 314 (2005) |
Law Review Articles and Other Secondary Sources |
|
We have witnessed an increasing interest in reparations over the past decade, an interest derived from episodes both domestic and international, ranging historically from the legacy of slavery in the United States to events occurring these past ten years in Iraq and the Horn of Africa. One principal event, which not only generated most of the... |
2005 |
Most Relevant |
| Pamela D. Bridgewater |
Ain't I a Slave: Slavery, Reproductive Abuse, and Reparations |
14 UCLA Women's Law Journal 89 (Fall/Winter 2005) |
Law Review Articles and Other Secondary Sources |
|
Brothers, I want to say something about this matter of reparations. I am for the slave's rights to be paid for the years of toil and labor done without the benefit of pay. The slavery you know is the slavery I know. It is the slavery that we women and you men shared. We slaves, men and women, shared many sorrows: the sorrow of back breaking work... |
2005 |
Most Relevant |
| Yanessa L. Barnard |
Better Late than Never: a Takings Clause Solution to Reparations |
12 Washington and Lee Journal of Civil Rights and Social Justice 109 (Fall, 2005) |
Law Review Articles and Other Secondary Sources |
|
The movement for reparations to the descendants of American slaves is a volatile topic that invokes passionate responses. Popularly, arguments for reparations have been characterized by confrontation and demands. However, this approach is problematic because it alienates potential allies, including members of the Black community itself. The... |
2005 |
Most Relevant |
| William Bradford |
Beyond Reparations: an American Indian Theory of Justice |
66 Ohio State Law Journal L.J. 1 (2005) |
Law Review Articles and Other Secondary Sources |
|
It is perhaps impossible to overstate the magnitude of the human injustice perpetrated against American Indian people: indeed, the severity and duration of the harms endured by the original inhabitants of the U.S. may well rival those suffered by any other group past or present, domestic or international. While financial reparations for certain... |
2005 |
Most Relevant |
| Alfred L. Brophy |
David Horowitz, Uncivil Wars: the Controversy over Reparations for Slavery, San Francisco: Encounter Books, 2002. |
11 Michigan Journal of Race and Law 195 (Fall 2005) |
Law Review Articles and Other Secondary Sources |
|
In the spring of 2001, David Horowitz opened another front on the culture wars. He became the focus of much public attention due to a controversial advertisement that he placed in college newspapers around the country, entitled Ten Reasons Why Reparations for Slavery are a Bad Idea and Racist, Too. Having incited the controversy, he now attempts... |
2005 |
Most Relevant |
| |
Illinois Fed. Court Dismisses Slave Descendants' Suit for Second Time in re African-american Slave Descendants Litig. |
12 Andrews Class Action Litigation Reporter Rep. 2 (9/22/2005) |
Law Review Articles and Other Secondary Sources |
|
A federal judge in Illinois has dismissed a second complaint filed by the descendants of former slaves against companies whose predecessors allegedly profited from the slave trade and slave labor in the pre-Civil War era. U.S. District Judge Charles R. Norgle Sr. dismissed the second complaint on virtually the same grounds as he dismissed the first... |
2005 |
Most Relevant |
| Guadalupe T. Luna |
Land, Labor and Reparations |
52 Cleveland State Law Review 265 (2005) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 265 II. Promise Set I: Land Struggles. 266 III. Promise Set II: Contract Labor and Agriculture. 268 IV. Conclusion. 272 |
2005 |
Most Relevant |
| Eric L. Ray |
Mexican Repatriation and the Possibility for a Federal Cause of Action: a Comparative Analysis on Reparations |
37 University of Miami Inter-American Law Review 171 (Fall 2005) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 171 II. The Victims of Mexican Repatriation. 174 III. The United States Government's Involvement in Mexican Repatriation. 176 IV. A Federal Cause of Action for Reparations: Defeating the Statute of Limitations. 178 V. Comparative Analysis with Reparations for Japanese Internment, The Gold Train & Slavery. 182 A. Victims of Japanese... |
2005 |
Most Relevant |
| Elizabeth D. Lauzon, J.D. |
Recoverability of Reparations from Corporations for Nazi-related Conduct |
6 American Law Reports ALR Federal 2d 2005) |
Law Review Articles and Other Secondary Sources |
|
This annotation collects and discusses cases which have considered whether reparations are recoverable from corporations for Nazi-related conduct. It does not include reparation cases brought against governments and government entities during the Nazi era, unless the discussion involves commercial activity of such parties similar to that of a... |
2005 |
Most Relevant |
| Professor Laura A. Quigley |
Reparation Rights Tax Relief Restores Human Rights as a Civil Right in Tax Tort Reform |
40 Valparaiso University Law Review 41 (Fall, 2005) |
Law Review Articles and Other Secondary Sources |
|
[D]amages that aim to substitute for a victim's physical or personal well-being-[are] personal assets that the Government does not tax and would not have taxed had the victim not lost them. The Small Business Job Protection Act of 1996 (1996 Act) made damages from discrimination cases taxable, including recoveries for emotional distress. This... |
2005 |
Most Relevant |
| Russell C. D'Costa |
Reparations as a Basis for the Makah's Right to Whale |
12 Animal Law 71 (2005) |
Law Review Articles and Other Secondary Sources |
|
The grant of whaling rights to the Makah Native-American tribe may be interpreted as a form of reparations owed to the tribe from the United States government. History details the many wrongs inflicted on the Makah by the government, and these wrongs therefore serve as the basis for reparations. Considered first is a brief review of recent attempts... |
2005 |
Most Relevant |
| Ronald L. Mize, Jr. |
Reparations for Mexican Braceros? Lessons Learned from Japanese and African American Attempts at Redress |
52 Cleveland State Law Review 273 (2005) |
Law Review Articles and Other Secondary Sources |
|
I. Reparation Attempts for Japanese-American Internment and African-American Slavery. 274 A. Japanese Internment. 275 B. African-American Slavery. 277 II. Binational Relations and the U.S.-Mexico Bracero Program. 283 III. The Invisible Workers: Re-Membering the Bracero Program. 287 IV. Reparations Campaigns and Attempts at Bracero Redress. 291 |
2005 |
Most Relevant |
| Brooke Say |
Ripe for Justice: a New Un Tool to Strengthen the Position of the "Comfort Women" and to Corner Japan into its Reparation Responsibility |
23 Penn State International Law Review 931 (Spring 2005) |
Law Review Articles and Other Secondary Sources |
|
We want justice. We want the Japanese government to take responsibility. . . . What we are saying is the truth. We didn't come here to lie. We didn't come here to see Japan. We came here to tell the truth Esmeralda Boe, East Timor The most recent report by the Special Rapporteur on violence against women found that in seven of eight reviewed... |
2005 |
Most Relevant |
| Suzette M. Malveaux |
Statutes of Limitations: a Policy Analysis in the Context of Reparations Litigation |
74 George Washington Law Review 68 (November, 2005) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 69 II. Policy Reasons for Statutes of Limitations. 73 A. Fairness to the Defendant. 75 B. Efficiency. 79 C. Institutional Legitimacy. 81 III. Policy Reasons for Exceptions to Statutes of Limitations and the Mechanisms for Their Implementation. 82 A. Policy Rationales for Exceptions to Limitations Periods. 82 B. Mechanisms for... |
2005 |
Most Relevant |
| Kevin Outterson |
Tragedy and Remedy: Reparations for Disparities in Black Health |
9 DePaul Journal of Health Care Law 735 (2005) |
Law Review Articles and Other Secondary Sources |
|
The Tragedy of American health care is the stubborn persistence of disparities in Black health, 140 years after Emancipation, and more than four decades after the passage of Title VI. Formal legal equality has not translated into actual health equality. This Tragedy is deeper and older than mere legal forms; it has been supported by powerful social... |
2005 |
Most Relevant |
| |
Frivolous Tax Returns; 'Reparations Tax Credit.' |
Rev. Rul. 2004-33 (3/3/2004) |
Administrative Decisions & Guidance |
|
|
2004 |
Most Relevant |
| |
In re African-american Slave Descendants Litigation |
304 F.Supp.2d 1027, United States District Court, N.D. Illinois, Eastern Division. (1/26/2004) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
TORTS - Slavery Reparations. Issue of reparations for slavery was committed to representative branches of government. |
2004 |
Most Relevant |
| |
In re African-american Slave Descendants Litigation |
307 F.Supp.2d 977, United States District Court, N.D. Illinois, Eastern Division. (1/26/2004) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
LITIGATION - Judges. Mere speculation about judge's financial interests was not ground for recusal. |
2004 |
Most Relevant |
| Keith N. Hylton |
A Framework for Reparations Claims |
24 Boston College Third World Law Journal 31 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: These remarks, prepared for the Boston College Third World Law Journal Reparations Symposium, compare the goals and viability of reparations claims as tort suits. I contrast two approaches observed in the claims: a doing justice model, which involves seeking compensation in important cases of uncorrected or uncompensated injustice, and... |
2004 |
Most Relevant |
| Keith N. Hylton |
A Framework for Reparations Claims |
24 Boston College Third World Law Journal 31 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: These remarks, prepared for the Boston College Third World Law Journal Reparations Symposium, compare the goals and viability of reparations claims as tort suits. I contrast two approaches observed in the claims: a doing justice model, which involves seeking compensation in important cases of uncorrected or uncompensated injustice, and... |
2004 |
Most Relevant |
| Harold A. McDougall |
Brown at Sixty: the Case for Black Reparations |
47 Howard Law Journal 863 (Spring 2004) |
Law Review Articles and Other Secondary Sources |
|
The Case for Black Reparations, by Boris I. Bittker. Beacon Press 2d ed. 2003 (1973). I find it sad that fifty years after Brown, in the midst of the lectures and black-tie celebrations, Black children are still being denied access to the same educational opportunities as White children. It is fortunate that Professor Boris Bittker's book, The... |
2004 |
Most Relevant |
| Charles J. Ogletree, Jr. |
Chapter 17 Addressing the Racial Divide: Reparations |
20 Harvard BlackLetter Law Journal 115 (Spring, 2004) |
Law Review Articles and Other Secondary Sources |
|
There should be no mistaking the fervor of the reparations movement. The claim that America owes a debt for the enslavement and segregation of African-Americans has had historical currency for over 150 years. Occasionally, the clamor for repayment of that debt has intensified, particularly in the period following the Civil War. Although the civil... |
2004 |
Most Relevant |
| Ryan Fortson |
Correcting the Harms of Slavery: Collective Liability, the Limited Prospects of Success for a Class Action Suit for Slavery Reparations, and the Reconceptualization of White Racial Identity |
6 African-American Law and Policy Report 71 (2004) |
Law Review Articles and Other Secondary Sources |
|
Slavery can only be abolished by raising the character of the people who compose the nation; and that can be done only by showing them a higher one. No one now doubts, or at least no one should doubt, that slavery imposed a grievous wrong on Blacks in America, one from which neither the descendants of slaves nor the country as a whole have entirely... |
2004 |
Most Relevant |
| Jeffery M. Brown |
Deconstructing Babel: Toward a Theory of Structural Reparations |
56 Rutgers Law Review 463 (Winter 2004) |
Law Review Articles and Other Secondary Sources |
|
The apparent inability of contemporary reparations scholars to reach consensus on prudential considerations such as structure and purpose undermines efforts to obtain reparations of any sort. The Author finds intriguing recent proposals that see black reparations claims not as litigation vehicles, but as broader invitations to re-energize... |
2004 |
Most Relevant |
| Joe R. Feagin |
Documenting the Costs of Slavery, Segregation, and Contemporary Racism: Why Reparations Are in Order for African Americans |
20 Harvard BlackLetter Law Journal 49 (Spring, 2004) |
Law Review Articles and Other Secondary Sources |
|
Without significant reparations for African Americans, the deepest racial divide in the United States will never be eliminated. As Randall Robinson has put it in The Debt: What America Owes to Blacks, if . African Americans will not be compensated for the massive wrongs and social injuries inflicted upon them by their government, during and after... |
2004 |
Most Relevant |