| Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
| Anthony J. Sebok |
Reparations, Unjust Enrichment, and the Importance of Knowing the Difference Between the Two |
58 New York University Annual Survey of American Law 651 (2003) |
Law Review Articles and Other Secondary Sources |
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The question of whether and how to sue in private law for the injuries caused by slavery in the United States is important from both a social and legal perspective. Here, I am going to examine a very small and specific part of the question. My advice to those who wish to address the question of historic injustice through tort suits is to move... |
2003 |
Most Relevant |
| Alfred L. Brophy |
Some Conceptual and Legal Problems in Reparations for Slavery |
58 New York University Annual Survey of American Law 497 (2003) |
Law Review Articles and Other Secondary Sources |
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Now that reparations talk has gained wide acceptance on college campuses, on the opinion pages of the nations' newspapers, and even on occasion in the halls of Congress, we need to focus on the moral and legal case for reparations and how proposals made might actually work. Reparations may be becoming widely accepted as an ideal, but there is... |
2003 |
Most Relevant |
| Lorenzo Morris |
Symptoms of Withdrawal--the U.n., the U. S., Racism and Reparations |
6 Howard Scroll: The Social Justice Law Review 49 (Fall, 2003) |
Law Review Articles and Other Secondary Sources |
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When the most enduring social problem in U.S. history came together with one of the country's persistently irritating international alliances, it gave rise to the U.S. retreat from the United Nations Conference on Racism in Durban, South Africa. At the August-September 2001 conference, a host of caucuses, non-governmental organizations (NGOs) and... |
2003 |
Most Relevant |
| Charles J. Ogletree, Jr. |
The Current Reparations Debate |
36 U.C. Davis Law Review 1051 (June, 2003) |
Law Review Articles and Other Secondary Sources |
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I. Reparations, Repair, and Victims' Rights. 1051 II. Defining Reparations. 1055 III. The Race-Skewed Notion of Victimhood. 1058 IV. A History of Violence. 1060 V. Accounting for the Victims. 1062 VI. Repair and Reparations. 1064 VII. Failure of Dialogue. 1066 VIII. Types of Lawsuit Available. 1070 Reparations for African Americans strike at the... |
2003 |
Most Relevant |
| Jesse K. Souki |
The Forgotten Heroes: Reparations for Victims of Occupied Guam During World War Ii |
1 Seattle Journal for Social Justice 573 (Spring/Summer, 2003) |
Law Review Articles and Other Secondary Sources |
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So as we were sitting there, someone interrupted and came in and started investigating us, whether we're waiting for the American, whether we love the American. Do you understand the American ain't gonna find nothing but just flies? The September 11, 2001 attacks and the December 7, 1941 air raid on Pearl Harbor are not the only occasions when an... |
2003 |
Most Relevant |
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The State of Consumer Adr Negotiation Ethics, International Adr, and Reparations Claims Facilities |
21 Alternatives to the High Cost of Litigation 79 (4/1/2003) |
Law Review Articles and Other Secondary Sources |
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On Jan. 30-31, the CPR Institute for Dispute Resolution held its annual meeting for CPR members. About 250 legal practitioners, academics, and ADR counsel met at the Plaza Hotel in New York City, to exchange alternative dispute resolution strategies, improve their skills, and examine the practice. The eight meeting seminars, for which participants... |
2003 |
Most Relevant |
| Bob Carlson |
Why Slavery Reparations Are Good for Civil Procedure Class |
47 Saint Louis University Law Journal 139 (Winter 2003) |
Law Review Articles and Other Secondary Sources |
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As a 1L, I found much of Civil Procedure class to be mundane and boring. Although Civil Procedure is key to any successful litigation, few that I know in the legal world find it interesting, and it rarely comes up when lawyers discuss their favorite things about law. Rarer still is the attorney who would enjoy nothing more than reading and writing... |
2003 |
Most Relevant |
| Gregory Kane |
Why the Reparations Movement Should Fail |
3 Margins: Maryland's Law Journal on Race, Religion, Gender, and Class 189 (Spring, 2003) |
Law Review Articles and Other Secondary Sources |
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In 1865, the abolition of slavery began a new chapter in our country's history. Nearly 140 years later, the controversy over slavery continues as many claim that African-Americans are owed a debt because of slavery's negative effects. These claims have flourished in the form of reparations not only for the benefit of descendants of slaves, but for... |
2003 |
Most Relevant |
| William Bradford |
With a Very Great Blame on Our Hearts: Reparations, Reconciliation, and an American Indian Plea for Peace with Justice |
27 American Indian Law Review Rev. 1 (2002-2003) |
Law Review Articles and Other Secondary Sources |
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In a post-September 11th era riven by ethno-nationalism, territorial revanchism, and religious terror, the United States has assumed the mantle of leadership in articulating the moral, political, and legal norms that will inform reconstruction of global security architecture. Defense of human rights, whether motivated by its contribution to the... |
2003 |
Most Relevant |
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Federal Judge Shuts down Reparations Tax Preparer |
DOJ 02-705 (12/10/2002) |
Administrative Decisions & Guidance |
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2002 |
Most Relevant |
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Justice Department Sues Three Georgia Tax Preparers to Halt Slavery Reparations Tax Refund Scam |
DOJ 02-575 (10/3/2002) |
Administrative Decisions & Guidance |
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2002 |
Most Relevant |
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Justice Department Sues to Enjoin Return Preparers Implicated in Slavery-reparations Tax Scam |
DOJ 02-126 (3/6/2002) |
Administrative Decisions & Guidance |
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2002 |
Most Relevant |
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Justice Department Sues to Enjoin Return Preparers Implicated in Slavery-reparations Tax Scam |
(3/6/2002) |
Administrative Decisions & Guidance |
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2002 |
Most Relevant |
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Man Sentenced to Prison for Slavery Reparation Tax Scheme |
(1/25/2002) |
Administrative Decisions & Guidance |
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2002 |
Most Relevant |
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Reparation Scams Carry a Price |
FS- 2002-08 (1/1/2002) |
Administrative Decisions & Guidance |
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2002 |
Most Relevant |
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Slavery Reparation Scams Surge, Irs Urges Taxpayers Not to File False Claims |
IR- 2002-08 (1/24/2002) |
Administrative Decisions & Guidance |
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2002 |
Most Relevant |
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In re African-american Slave Descendants Litigation |
231 F.Supp.2d 1357, Judicial Panel on Multidistrict Litigation. (10/25/2002) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
LITIGATION - Multidistrict Litigation. Centralization of action seeking reparations on behalf of descendants of slaves was warranted. |
2002 |
Most Relevant |
| Robert W. Tracinski |
America's "Field of the Blackbirds": How the Campaign for Reparations for Slavery Perpetuates Racism |
3 Journal of Law in Society 145 (Winter, 2002) |
Law Review Articles and Other Secondary Sources |
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Over the past few years, a movement composed of liability lawyers and self-titled civil rights activists have been trying to revive a deservedly obscure idea: the payment of reparations for the injustices committed under slavery. These activists are undeterred by the fact that none of the original victims or villains of slavery are still alive.... |
2002 |
Most Relevant |
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Bridging the Color Line: the Power of African-american Reparations to Redirect America's Future |
115 Harvard Law Review 1689 (April, 2002) |
Law Review Articles and Other Secondary Sources |
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America's greatest problem during the twentieth century was the color line; the country appears to wrestle with the same problem in the twenty-first century. After overcoming animosity toward desegregation, America has spent over a half century struggling with affirmative action--facing depressed black enrollment in universities lacking affirmative... |
2002 |
Most Relevant |
| Robert A. Sedler |
Claims for Reparations for Racism Undermine the Struggle for Equality |
3 Journal of Law in Society 119 (Winter, 2002) |
Law Review Articles and Other Secondary Sources |
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My views on the question of reparations for racism are shaped by who I am and what I have done. I am a 66-year-old white law professor and for much of the 40 plus years since my graduation from law school I have been involved in issues of racial equality. I write and speak on the subject extensively and have litigated a considerable of number of... |
2002 |
Most Relevant |
| Paige A. Fogarty |
Comment: Speculating a Strategy: Suing Insurance Companies to Obtain Legislative Reparations for Slavery |
9 Connecticut Insurance Law Journal 211 (Fall, 2002) |
Law Review Articles and Other Secondary Sources |
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L1-5,T5INTRODUCTION 212 I. L2-5,T5BACKGROUND 214 A. L3-5,T5Reparations for Slavery: Why now? 214 B. L3-5,T5Previous Ventures Into the Courtroom: An Exercise in Futility 217 1. L4-5,T5Suing the United States: Barred by Statute of Limitations 217 2. L4-5,T5Overcoming the Statute of Limitations but Still Burdened by Sovereign Immunity 217 3.... |
2002 |
Most Relevant |
| Alberto B. Lopez |
Focusing the Reparations Debate Beyond 1865 |
69 Tennessee Law Review 653 (Spring, 2002) |
Law Review Articles and Other Secondary Sources |
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Reconstructing the Dreamland: The Tulsa Riot of 1921. By Alfred L. Brophy. New York: Oxford University Press, 2002. xx 187 pages. $25.00. Forty acres and a mule is an emotionally and politically charged phrase that not only evokes disturbing images of slavery's history in our country, but also serves as a reminder that the damage wrought by the... |
2002 |
Most Relevant |
| Sidney L. Harring |
German Reparations to the Herero Nation: an Assertion of Herero Nationhood in the Path of Namibian Development? |
104 West Virginia Law Review 393 (Winter 2002) |
Law Review Articles and Other Secondary Sources |
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I. A CLAIM FOR REPARATIONS. 393 II. THE HERERO WAR: A COLONIAL WAR OF GENOCIDE. 397 III. THE LEGAL BASIS OF THE CLAIM FOR HERERO REPARATIONS. 402 IV. THE POLITICS OF HERERO REPARATIONS IN NAMIBIA. 410 V. CONCLUSION. 414 |
2002 |
Most Relevant |
| Mark S. Ellis & Elizabeth Hutton |
Policy Implications of World War Ii Reparations and Restitution as Applied to the Former Yugoslavia |
20 Berkeley Journal of International Law 342 (2002) |
Law Review Articles and Other Secondary Sources |
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Reparation is not just about money, it is not even mostly about money; in fact, money is not even one percent of what reparation is about. Reparation is mostly about making repairs; self-made repairs, on ourselves. The focus on reparation and restitution claims is related to a fundamental shift in international law toward the plight of victims... |
2002 |
Most Relevant |
| Van B. Luong |
Political Interest Convergence: African American Reparations and the Image of American Democracy |
25 University of Hawaii Law Review 253 (Winter, 2002) |
Law Review Articles and Other Secondary Sources |
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[W]ith firmness in the right . . . let us strive on to finish the work we are in, to bind up the nation's wounds . . . to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations. Abraham Lincoln, 1865. A 1998 census report revealed that the living conditions of African Americans fell far below that of... |
2002 |
Most Relevant |
| Robert Westley |
Reparations and Symbiosis: Reclaiming the Remedial Focus |
71 UMKC Law Review 419 (Winter 2002) |
Law Review Articles and Other Secondary Sources |
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The metaphors that a society uses to describe injustice matter to the extent that they inform remedial responses to the unjust, motivate political resistance, and construct identity narratives for actors caught up in the web of social relations. Racism is a powerful metaphor of injustice that crosses multiple social boundaries. Sexism is another... |
2002 |
Most Relevant |
| Ediberto Roman |
Reparations and the Colonial Dilemma: the Insurmountable Hurdles and Yet Transformative Benefits |
13 Berkeley La Raza Law Journal 369 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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The Seventh Annual Latina and Latino Critical Race Theory (LatCrit) Conference held in May 2002 at the University of Oregon, not unlike other efforts in the movement, addressed a panoply of challenging, provocative, and controversial issues. Perhaps one the most intellectually interesting and yet troubling panels addressed reparations for the... |
2002 |
Most Relevant |
| Watson Branch |
Reparations for Slavery: a Dream Deferred |
3 San Diego International Law Journal 177 (2002) |
Law Review Articles and Other Secondary Sources |
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I. Models for Reparations for Slavery. 179 II. Slavery in America. 182 III. The Historical Record. 183 IV. The Present Situation. 187 V. The Case for Black Reparations Redux. 194 What happens to a dream deferred? Does it dry up like a raisin in the sun? . . . . . . . . Or does it explode? Langston Hughes Harlem When the year began, the prediction... |
2002 |
Most Relevant |
| Margalynne Armstrong |
Reparations Litigation: What about Unjust Enrichment? |
81 Oregon Law Review 771 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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In Cato v. United States, the Court of Appeals for the Ninth Circuit affirmed the district court's dismissal of a suit seeking damages and an apology for the enslavement of African Americans. The court held: Discrimination and bigotry of any type is intolerable, and the enslavement of Africans by this Country is inexcusable. This Court, however, is... |
2002 |
Most Relevant |
| Pedro A. Malavet |
Reparations Theory and Postcolonial Puerto Rico: Some Preliminary Thoughts |
13 Berkeley La Raza Law Journal 387 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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Introduction: Why Are You Here?. 387 I. Rotating Centers in the Reparations Discourse: The Sensitive Matter of Race. 393 II. Reparations Theory Through a LatCrit Lens. 399 A. The Legislation-Litigation Paradox for Reparations. 399 B. Constructing a LatCritical Meaning for Reparations. 404 C. Re/Creating Citizenship for Oppressed Groups Through... |
2002 |
Most Relevant |