| Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
| Richard Buxbaum |
German Reparations after the Second World War |
6 African-American Law and Policy Report 35 (2004) |
Law Review Articles and Other Secondary Sources |
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To someone my age, some of the previous comments smack of the venial sin of Presentism. For some of us, 1961 is not all that long ago; we can test the question of past versus present comprehension of the changing American views of race and ethnicity by looking at the span of our own adult lives. I do not believe that we were ignorant of the... |
2004 |
Most Relevant |
| Roy L. Brooks |
Getting Reparations for Slavery Right--a Response to Posner and Vermeule |
80 Notre Dame Law Review 251 (November, 2004) |
Law Review Articles and Other Secondary Sources |
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In their essay, Reparations for Slavery and Other Historical Injustices, Eric Posner and Adrian Vermeule (hereinafter referred to as the authors) set out to provide an overview of the conceptual, legal, and moral issues surrounding reparations. Their main critical thrust is to fill what they perceive to be large gaps in the literature on... |
2004 |
Most Relevant |
| James R. Hackney, Jr. |
Ideological Conflict, African American Reparations, Tort Causation and the Case for Social Welfare Transformation |
84 Boston University Law Review 1193 (December, 2004) |
Law Review Articles and Other Secondary Sources |
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Introduction. 1193 I. The Mass Tort Analogy and the Case For and Against African American Reparations. 1194 II. Implications: Social Welfare Transformation?. 1201 Conclusion. 1206 |
2004 |
Most Relevant |
| |
Judge Dismisses Slave Reparations Suit Against Several Companies in re African-american Slave Descendants Litig. |
11 Andrews Class Action Litigation Reporter 13 (3/3/2004) |
Law Review Articles and Other Secondary Sources |
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A federal judge in Chicago has dismissed a lawsuit filed against several major corporations and their predecessors by a group of individuals descended from former slaves. The lawsuit sought damages based on the profits the companies made from slave labor. The court dismissed the case based on the conclusion that the plaintiffs lacked standing to... |
2004 |
Most Relevant |
| Alfred L. Brophy |
Norms, Law, and Reparations: the Case of the Ku Klux Klan in 1920s Oklahoma |
20 Harvard BlackLetter Law Journal 17 (Spring, 2004) |
Law Review Articles and Other Secondary Sources |
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In his posthumously published novel Juneteenth, Ralph Ellison explored life in the Oklahoma of his youth during the 1910s and 1920s. The novel reflects on the life of Bliss, a young boy of ambiguous racial heritage, and his foster-parent, Alonzo Hickman, an African American minister. Bliss is the son of a white woman, who accuses the minister's... |
2004 |
Most Relevant |
| Saul Levmore |
Privatizing Reparations |
84 Boston University Law Review 1291 (December, 2004) |
Law Review Articles and Other Secondary Sources |
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Introduction. 1291 I. The Re-Emergence of Reparations Claims. 1292 II. Backward and Forward-Looking, Elective Reparations. 1296 III. Individual Decisionmakers and Recipients. 1303 IV. Privatization as a Means of Attracting Majority Support. 1308 V. Summary. 1316 |
2004 |
Most Relevant |
| Eric J. Miller |
Reconceiving Reparations: Multiple Strategies in the Reparations Debate |
24 Boston College Third World Law Journal 45 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
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Abstract: Much of the current debate over African-American reparations is characterized by a posture of confrontation and demand, and is exemplified in the law by seeking redress using the doctrines of tort and unjust enrichment. This confrontational posture presents a variety of legal, political, and ethical problems for reparations advocates, and... |
2004 |
Most Relevant |
| Eric J. Miller |
Reconceiving Reparations: Multiple Strategies in the Reparations Debate |
24 Boston College Third World Law Journal 45 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: Much of the current debate over African-American reparations is characterized by a posture of confrontation and demand, and is exemplified in the law by seeking redress using the doctrines of tort and unjust enrichment. This confrontational posture presents a variety of legal, political, and ethical problems for reparations advocates, and... |
2004 |
Most Relevant |
| Lisa A. Crooms |
Remembering the Days of Slavery: Plantations, Contracts and Reparations |
26 University of Hawaii Law Review 405 (Summer, 2004) |
Law Review Articles and Other Secondary Sources |
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Do you remember the days of slav'ry? And how they beat us And how they worked us so hard And how they used us Till they refuse us Do you remember the days of slav'ry? Some of us survive Showing them that we are still alive Do you remember the days of slav'ry? History can recall History can recall History can recall the days of slav'ry Oh slav'ry... |
2004 |
Most Relevant |
| Jeremy Sarkin |
Reparation for past Wrongs: Using Domestic Courts Around the World, Especially the United States, to Pursue African Human Rights Claims |
32 International Journal of Legal Information 426 (Summer, 2004) |
Law Review Articles and Other Secondary Sources |
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Human rights have never received more attention than at present. All around the world there is new vigor in dealing with gross human rights abuse. As a result, the last ten years have seen major developments in international criminal processes to deal with these issues. Accountability for these violations, a major problem in the past, has improved... |
2004 |
Most Relevant |
| David Lyons |
Reparations and Equal Opportunity |
24 Boston College Third World Law Journal 177 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
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Abstract: This paper offers a sympathetic interpretation of reparations claims made on behalf of African Americans and suggests how they could properly be honored. It reviews the federal government's role in supporting racial subordination and its continuing failure to address the inequitable consequences, which public policy now largely ignores.... |
2004 |
Most Relevant |
| David Lyons |
Reparations and Equal Opportunity |
24 Boston College Third World Law Journal 177 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This paper offers a sympathetic interpretation of reparations claims made on behalf of African Americans and suggests how they could properly be honored. It reviews the federal government's role in supporting racial subordination and its continuing failure to address the inequitable consequences, which public policy now largely ignores.... |
2004 |
Most Relevant |
| Emily Sherwin |
Reparations and Unjust Enrichment |
84 Boston University Law Review 1443 (December, 2004) |
Law Review Articles and Other Secondary Sources |
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Introduction. 1443 I. Reparations as Compensation for Harm. 1444 II. The Doctrinal Appeal of Restitution. 1447 III. The Ethics of Unjust Enrichment. 1454 Conclusion. 1465 |
2004 |
Most Relevant |
| Kyle D. Logue |
Reparations as Redistribution |
84 Boston University Law Review 1319 (December, 2004) |
Law Review Articles and Other Secondary Sources |
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Introduction. 1319 I. Slavery Reparations as Corrective Justice. 1324 A. Corrective Justice vs. Distributive Justice: The Conceptual Distinction. 1326 B. Corrective Justice vs. Distributive Justice: The Functional Distinction. 1329 C. Corrective Justice vs. Distributive Justice: From Simple Torts, to Toxic Torts, to Reparations. 1332 D. Slavery... |
2004 |
Most Relevant |
| Naomi Roht-Arriaza |
Reparations Decisions and Dilemmas |
27 Hastings International and Comparative Law Review 157 (Winter 2004) |
Law Review Articles and Other Secondary Sources |
|
It is a basic maxim of law that harms should be remedied. All legal systems allow for redress of wrongs, in some form. International human rights law is no exception. The International Bill of Rights declares a right to a remedy for violations of human rights. States are obliged to provide remedies for violations, both as a matter of treaty law and... |
2004 |
Most Relevant |
| Penelope E. Andrews |
Reparations for Apartheid's Victims: the Path to Reconciliation? |
53 DePaul Law Review 1155 (Spring 2004) |
Law Review Articles and Other Secondary Sources |
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[A]s far as justice is concerned, the real test, in my view, is not so much who gets paid out what, or who goes to jail for how long. The real test is what we do in South Africa to change and transform our country, so that the massive injustices, institutionalized, systemic, which led to the violations, are corrected, that the people who suffered... |
2004 |
Most Relevant |
| Alfred L. Brophy |
Reparations Talk: Reparations for Slavery and the Tort Law Analogy |
24 Boston College Third World Law Journal 81 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
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Abstract: This Article examines the current landscape of reparations for slavery, identifying the contours of reparations lawsuits and exploring the ability of tort law to help apportion moral culpability in the reparations context. It first examines several possibilities for lawsuits for Jim Crow, discussing constitutional requirements and... |
2004 |
Most Relevant |
| Alfred L. Brophy |
Reparations Talk: Reparations for Slavery and the Tort Law Analogy |
24 Boston College Third World Law Journal 81 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This Article examines the current landscape of reparations for slavery, identifying the contours of reparations lawsuits and exploring the ability of tort law to help apportion moral culpability in the reparations context. It first examines several possibilities for lawsuits for Jim Crow, discussing constitutional requirements and... |
2004 |
Most Relevant |
| Edieth Y. Wu |
Reparations to African-americans: the Only Remedy for the U.s. Government's Failure to Enforce the 13th, 14th, and 15th Amendments |
3 Connecticut Public Interest Law Journal 403 (Spring, 2004) |
Law Review Articles and Other Secondary Sources |
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This article takes a hard look at U.S. history: the political, the social, and the legal landscape after the passage of the 13, 14, and 15 Amendments. The author wholeheartedly believes that the Reparations dialogue must continue. Many, including well-educated Americans, are solidly divided on this important issue and have taken the position that... |
2004 |
Most Relevant |
| Eric J. Miller |
Representing the Race: Standing to Sue in Reparations Lawsuits |
20 Harvard BlackLetter Law Journal 91 (Spring, 2004) |
Law Review Articles and Other Secondary Sources |
|
The fundamental problem raised by reparations, and particularly reparations litigation, is the question of how to apportion responsibility for historical wrongs. The most controversial harm targeted by reparations litigation is the enslavement of Africans and African Americans and the injuries consequent to that enslavement. The task faced by such... |
2004 |
Most Relevant |
| Calvin Massey |
Some Thoughts on the Law and Politics of Reparations for Slavery |
24 Boston College Third World Law Journal 157 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
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Abstract: This Article examines several legal and political issues raised by reparations for slavery and offers a skeptical appraisal of both the wisdom of reparations and their potential for success. There are a number of legal obstacles to courtroom-based reparations, including the difficulty of proving duty, causation, and damages; technical... |
2004 |
Most Relevant |
| Calvin Massey |
Some Thoughts on the Law and Politics of Reparations for Slavery |
24 Boston College Third World Law Journal 157 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This Article examines several legal and political issues raised by reparations for slavery and offers a skeptical appraisal of both the wisdom of reparations and their potential for success. There are a number of legal obstacles to courtroom-based reparations, including the difficulty of proving duty, causation, and damages; technical... |
2004 |
Most Relevant |
| Kim Forde-Mazrui |
Taking Conservatives Seriously: a Moral Justification for Affirmative Action and Reparations |
92 California Law Review 683 (May, 2004) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 686 I. Corrective Racial Justice: The Prima Facie Case for Societal Responsibility. 694 A. Society Wrongfully Caused Harm. 695 1. The Nature of the Harm. 695 2. The Causal Relationship to Historic Discrimination. 697 B. Society's Obligation to Remedy the Harm. 707 II. Objections to the Prima Facie Case: Problems of Intergenerational... |
2004 |
Most Relevant |
| Richard A. Epstein |
The Case Against Black Reparations |
84 Boston University Law Review 1177 (December, 2004) |
Law Review Articles and Other Secondary Sources |
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Introduction. 1177 I. The Legal Position. 1177 A. Standing. 1179 B. Political Question Doctrine. 1181 C. Statute of Limitations. 1183 II. The Political Dimension. 1187 |
2004 |
Most Relevant |
| Alfred L. Brophy |
The Cultural War over Reparations for Slavery |
53 DePaul Law Review 1181 (Spring 2004) |
Law Review Articles and Other Secondary Sources |
|
American democracy is a most dramatic form of social organization, and in that drama each of us enacts his role by asserting his own and his group's values and traditions against those of his fellow citizens. Indeed, a battle-royal conflict of interests appears to be basic to our conception of freedom, and the drama of democracy proceeds through a... |
2004 |
Most Relevant |
| Emma Coleman Jordan |
The Non-monetary Value of Reparations Rhetoric |
6 African-American Law and Policy Report 21 (2004) |
Law Review Articles and Other Secondary Sources |
|
Even among the grizzly archives of lynching and racial violence following the Civil War, some stories stand out. New Year's Day, 1923, marked the beginning of a six-day racial rampage that wiped out the homes of thirty black families living in the small, gulf coast town of Rosewood, Florida. Minnie Nitemy was nine years old, and her cousin, Ruth... |
2004 |
Most Relevant |
| David Hall |
The Spirit of Reparation |
24 Boston College Third World Law Journal L.J. 1 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
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Abstract: This Article, the author of which presented the opening and closing remarks and served as moderator for the Boston College Third World Law Journal' s reparations symposium, explores reparations for slavery from a spiritual perspective. It briefly traces the history of reparations for African Americans, beginning with General William... |
2004 |
Most Relevant |
| David Hall |
The Spirit of Reparation |
24 Boston College Third World Law Journal L.J. 1 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This Article, the author of which presented the opening and closing remarks and served as moderator for the Boston College Third World Law Journal' s reparations symposium, explores reparations for slavery from a spiritual perspective. It briefly traces the history of reparations for African Americans, beginning with General William... |
2004 |
Most Relevant |
| Ali A. Mazrui |
The Truth Between Reparation and Reconciliation: the Pretoria - Nairobi Axis |
10 Buffalo Human Rights Law Review Rev. 3 (2004) |
Law Review Articles and Other Secondary Sources |
|
As the apartheid political order was coming to an end in South Africa, the country faced three alternative scenarios I: The Nuremberg option: This was the theoretical concept of trying and punishing the worst offenders against humanity and civilized standards. In 1945-46 the Nuremberg process tried and sentenced Nazi war criminals and those who... |
2004 |
Most Relevant |
| Alfreda Robinson |
Troubling "Settled" Waters: the Opportunity and Peril of African-american Reparations |
24 Boston College Third World Law Journal 139 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
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Abstract: This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... |
2004 |
Most Relevant |