| Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
| Susan S. Kuo , Benjamin Means |
A CORPORATE LAW RATIONALE FOR REPARATIONS |
62 B.C. L. Rev. 799 (March, 2021) [Boston College Law Review] |
Law Review Articles and Other Secondary Sources |
|
Introduction. 800 I. Reparations and Ethical Individualism. 805 A. Arguments for Reparations. 805 B. Ethical Individualism. 807 C. Responses to Ethical Individualism. 811 1. Continuing Wrong. 811 2. Unjust Enrichment. 813 3. Moral Taint. 816 4. Collective Responsibility. 817 II. United States, Inc. 820 A. Consequences of Personhood. 821 B. The U.S.... |
2021 |
Most Relevant |
| Alexis Hoag |
ABOLITION AS THE SOLUTION: REDRESS FOR VICTIMS OF EXCESSIVE POLICE FORCE |
48 Fordham Urb. L.J. 721 (March, 2021) [Fordham Urban Law Journal] |
Law Review Articles and Other Secondary Sources |
|
Introduction. 721 I. An Attempt at Redress: The Civil Rights Act of 1866. 726 II. Reconstruction Redux: 18 U.S.C. § 242. 730 III. Abolitionist Framework. 735 IV. Abolitionist Solutions. 738 A. Reparations. 739 B. Divest and Reinvest. 741 Conclusion. 742 |
2021 |
Most Relevant |
| Joshua Santangelo |
BANKRUPTING TRIBES: AN EXAMINATION OF TRIBAL SOVEREIGN IMMUNITY AS REPARATION IN THE CONTEXT OF SECTION 106(A) |
37 Emory Bankr. Dev. J. 325 (2021) [Emory Bankruptcy Developments Journal] |
Law Review Articles and Other Secondary Sources |
|
This Comment concerns section 106(a) of the Bankruptcy Code, which abrogates sovereign immunity of a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government. A circuit split exists as to whether this section applies to Native Nations. The Sixth Circuit interpreted this section to... |
2021 |
Most Relevant |
| Jordan Williams |
Clyburn: Graham 'ought to be ashamed of himself' for calling aid to Black farmers 'reparations' |
(3/10/2021) [The Hill] |
Law Review Articles and Other Secondary Sources |
|
House Majority Whip James Clyburn (D-S.C.) says that Sen. Lindsey Graham (R-S.C.) ought to be ashamed of himself" for calling aid to Black farmers "reparations.'" |
2021 |
Most Relevant |
| |
Democrats debate timing and wisdom of reparations vote |
2021 WL 1511472 (4/17/2021) |
Law Review Articles and Other Secondary Sources |
|
Reparations advocates notched a historic victory this week when a House committee approved, for the first time, legislation to study whether Black Americans should receive restitution for slavery. |
2021 |
Most Relevant |
| Jordan Brewington |
DISMANTLING THE MASTER'S HOUSE: REPARATIONS ON THE AMERICAN PLANTATION |
130 Yale L.J. 2160 (June, 2021) [Yale Law Journal] |
Law Review Articles and Other Secondary Sources |
|
In southeastern Louisiana, many plantations still stand along River Road, a stretch of the route lining the Mississippi River that connects the former slave ports and present-day cities of New Orleans and Baton Rouge. Black communities along River Road have long experienced these plantations as sites of racialized harm. This Note constructs a... |
2021 |
Most Relevant |
| John Bowden |
Graham on COVID-19 aid to Black farmers: 'That's reparations' |
(3/10/2021) [The Hill] |
Law Review Articles and Other Secondary Sources |
|
Sen. Lindsey Graham (R-S.C.) on Tuesday sharply criticized a planned $5 billion fund for debt repayment targeting disadvantaged farmers in the COVID-19 stimulus package set to be passed by the House this week, calling it reparations."" |
2021 |
Most Relevant |
| Marty Johnson |
House panel approves bill to set up commission on reparations |
(4/14/2021) [The Hill] |
Law Review Articles and Other Secondary Sources |
|
Legislation that would create a federal exploratory commission on reparations for Black Americans was approved Wednesday by a House committee for the first time, setting up a vote by the full Congress if Democratic leaders choose to bring it to the House floor. |
2021 |
Most Relevant |
| Marty Johnson |
House subpanel to hold hearing on reparations for Black Americans |
(2/16/2021) [The Hill] |
Law Review Articles and Other Secondary Sources |
|
A House Judiciary subcommittee will host a hearing Wednesday to discuss the creation of a commission that would explore reparations for Black Americans, an idea long floated in Congress that has gained traction over the past year. |
2021 |
Most Relevant |
| Charlotte Verdon |
IMPROVING THE PRESENT TO REPAIR THE PAST: A PROPOSAL TO REDEFINE THE GUIDING PRINCIPLE OF REPARATION FOR GROSS VIOLATIONS OF HUMAN RIGHTS |
53 N.Y.U. J. Int'l L. & Pol. 587 (Winter, 2021) [New York University Journal of International Law & Politics] |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 588 II. Restitutio in Integrum: An Inadequate Principle for the Reparation of Gross Violations of Human Rights Under International Law. 594 A. What Are Gross Violations of Human Rights and What Does It Mean to Repair Them?. 594 B. The Inadequacy of Restitutio in Integrum to Repair Gross Violations of Human Rights. 596 1. The... |
2021 |
Most Relevant |
| Brooke Simone |
MUNICIPAL REPARATIONS: CONSIDERATIONS AND CONSTITUTIONALITY |
120 Mich. L. Rev. 345 (November, 2021) [Michigan Law Review] |
Law Review Articles and Other Secondary Sources |
|
Demands for racial justice are resounding, and in turn, various localities have considered issuing reparations to Black residents. Municipalities may be effective venues in the struggle for reparations, but they face a variety of questions when crafting legislation. This Note walks through key considerations using proposed and enacted reparations... |
2021 |
Most Relevant |
| Aris Folley |
Obama says reparations 'justified' |
(2/25/2021) [The Hill] |
Law Review Articles and Other Secondary Sources |
|
Former President Obama said earlier this week that the case for reparations for Black Americans is justified, but he added that the politics of white resistance and resentment, among other issues, made the prospect of pursuing the issue during his presidency a non-starter. |
2021 |
Most Relevant |
| Elizabeth D. Lauzon, J.D. |
Recoverability of Reparations from Corporations for Nazi-Related Conduct |
6 A.L.R. Fed. 2d 279 (Originally published in 2005) (2021) [American Law Reports ALR Federal 2d] |
Law Review Articles and Other Secondary Sources |
|
The Holocaust restitution movement is the recent use of civil litigation to remedy human rights abuses committed during the Nazi regime by obtaining financial restitution from corporations that profited from Nazi-related conduct. Before 1995, very few Nazi reparations suits were filed, with most of the cases being summarily dismissed. After 1995,... |
2021 |
Most Relevant |
| Patrick Dankwa John |
REPARATIONS: 40 ACRES AND A MULE . WITH INTEREST |
35-AUG CBA Rec. 35 (July/August, 2021) [CBA Record] |
Law Review Articles and Other Secondary Sources |
|
For the answer to how the Negro's status came to be what it is does not lie essentially in the world of the Negro, but in the world of the white. In short, white America must assume the guilt for the black man's inferior status.--Dr. Martin Luther King Jr., Where Do We Go From Here, 1967 The U.S. House of Representatives recently passed H.B. 40,... |
2021 |
Most Relevant |
| Preston C. Green III , Bruce D. Baker , Joseph O. Oluwole |
SCHOOL FINANCE, RACE, AND REPARATIONS |
27 Wash. & Lee J. Civil Rts. & Soc. Just. 483 (Spring, 2021) [Washington and Lee Journal of Civil Rights and Social Justice] |
Law Review Articles and Other Secondary Sources |
|
C1-2Table of Contents I. Introduction. 484 II. Part I: Separate-But-Equal Era. 486 III. Part II: Black-White School Funding Disparities in the Aftermath of Brown. 490 A. Property Taxes. 491 B. Insufficient General State Aid. 494 C. Stealth Inequalities. 495 IV. Part III: School Desegregation Litigation. 496 A. Hobson v. Hansen. 497 B. Milliken v.... |
2021 |
Most Relevant |
| Briana P. Adams-Seaton |
SUGAR IS QUEEN: ANALYZING ANTIGUAN DESCENDANTS' CASE FOR REPARATIONS TO HARVARD UNIVERSITY |
64 How. L.J. 409 (Winter, 2021) [Howard Law Journal] |
Law Review Articles and Other Secondary Sources |
|
Introduction. 411 I. Historical Background of Reparations in the United States and the Caribbean. 414 A. The Fight for Reparations in the United States. 415 B. The Fight for Reparations in the Caribbean. 418 II. Unjust Enrichment: The Crux of Antigua's Reparations Claim. 419 A. Antiguan Slaves Conferred a Benefit upon Harvard University. 420 B.... |
2021 |
Most Relevant |
| Caleb Harrison, calebharrison@icloud.com |
SUPERSESSION, REPARATIONS, AND RESTITUTION |
19 J. Ethics & Soc. Phil. 148 (February, 2021) [Journal of Ethics & Social Philosophy] |
Law Review Articles and Other Secondary Sources |
|
In superseding historic injustice, and in subsequent articles, Jeremy Waldron proposes and defends what he calls the Supersession Thesis. According to the Supersession Thesis, circumstances might be such that the demands of justice in the present can in some sense override the demands of justice arising from cases of historical injustice. Waldron... |
2021 |
Most Relevant |
| Zinaida Miller |
THE INJUSTICES OF TIME: RIGHTS, RACE, REDISTRIBUTION, AND RESPONSIBILITY |
52 Colum. Hum. Rts. L. Rev. 647 (Winter, 2021) [Columbia Human Rights Law Review] |
Law Review Articles and Other Secondary Sources |
|
Resurgent debates in U.S. law and politics over reparations and racialized inequality reflect what this Article argues is a significant transnational legal phenomenon: courts, policymakers, and social justice advocates mobilizing pasts of racial and ethnic violence and dispossession to justify competing rules for the distribution of resources and... |
2021 |
Most Relevant |
| Robin Snyderman, Robin Rue Simmons |
THE REPARATIONS WORK UNDERWAY IN EVANSTON, IL: PROMOTING AN AFFIRMATIVE AND ACCOUNTABLE GOVERNMENT |
30 J. Affordable Housing & Community Dev. L. 151 (2021) [Journal of Affordable Housing & Community Development Law] |
Law Review Articles and Other Secondary Sources |
|
Whether you agree that We are in an Era of Repair and that there is a growing momentum . around issues of racial justice, per a recent NPR story reflecting on Juneteenth, or you are simply appalled that the country's racial homeownership gap is worse now than it was before the enactment of the Civil Rights Act, you understand the importance of... |
2021 |
Most Relevant |
| Helena Alviar García |
TRANSITIONAL JUSTICE AND PROPERTY: INEXTRICABLY LINKED |
17 Ann. Rev. L. & Soc. Sci. 227 (2021) [Annual Review of Law and Social Science] |
Law Review Articles and Other Secondary Sources |
|
transitional justice, reparation, restitution, property redistribution, peace agreements This article analyzes the different ways in which transitional justice has dealt with demands over property restitution and redistribution. To do this, it presents a review of academic literature regarding how to define reparation, the justifications for... |
2021 |
Most Relevant |
| Tuneen E. Chisolm |
WHEN RIGHTEOUSNESS FAILS: THE NEW INCENTIVE FOR REPARATIONS FOR SLAVERY AND ITS CONTINUING AFTERMATH IN THE UNITED STATES |
24 U. Pa. J. L. & Soc. Change 195 (2021) [University of Pennsylvania Journal of Law and Social Change] |
Law Review Articles and Other Secondary Sources |
|
Abstract. Starting from the well-established premise that reparations for African Americans are justified and required to provide redress for race-based social and systemic ills, this Article examines the United States' compliance with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), not only as... |
2021 |
Most Relevant |
| Daniel P. Suitor |
WINNING WHAT'S OWED: A LITIGATIVE APPROACH TO REPARATIONS |
105 Minn. L. Rev. Headnotes 391 (Spring, 2021) [Minnesota Law Review Headnotes] |
Law Review Articles and Other Secondary Sources |
|
Centuries of enslaved Black labor built the United States into a society and economy that prospers to this day. Slavery was intrinsically tied to the production of early America's two most important exports, tobacco and cotton. Enslaved people themselves were considered so economically valuable that their persons were used to collateralize... |
2021 |
Most Relevant |
| |
2021 CONG US HR 40 |
117th CONGRESS, 1st Session (1/4/2021) |
Legislation (Proposed & Enacted) |
|
To address the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies between 1619 and 1865 and to establish a commission to study and consider a national apology and proposal for reparations for the institution of slavery, its subsequent de jure and de facto racial and economic discrimination against African Americans, and the impact of these forces on living African Americans, to make recommendations to the Congress on appropriate remedies, and for other purposes. Ms. Jackson Lee (for herself, Ms. Plaskett, Mr. Rush, Mr.... |
2021 |
Most Relevant |
| |
2021 CONG US S 40 |
117th CONGRESS, 1st Session (1/25/2021) |
Legislation (Proposed & Enacted) |
|
To address the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies between 1619 and 1865 and to establish a commission to study and consider a national apology and proposal for reparations for the institution of slavery, its subsequent de jure and de facto racial and economic discrimination against African Americans, and the impact of these forces on living African Americans, to make recommendations to the Congress on appropriate remedies, and for other purposes. Mr. Booker (for himself, Mr. Durbin, Mrs. Feinstein, Mr. Coons,... |
2021 |
Most Relevant |
| a slavery era database that includes all records made available to the..." |
2021 DC L.B. 48 (NS) |
2021 Washington DC Legislative Bill No. 48, Washington DC Council Period Twenty-Four (1/28/2021) |
Legislation (Proposed & Enacted) |
|
To amend the Department of Insurance and Securities Regulation Establishment Act of 1996 to require the Commissioner of the Department of Insurance, Securities, and Banking to establish by a time certain a slavery era database of records relating to slaveholding; to establish the Reparations Foundation Fund to provide funds for reparations that may be distributed to certain District residents, and to establish the Reparations Task Force to study and develop reparation proposals for African Americans whose ancestors suffered as a result of the institution of slavery.... |
2021 |
Most Relevant |
| Kendrick, Dar'shun 93rd; Mitchell, Billy 88th; Scott, Sandra 76th; Williams, Al 168th; Hutchinson, Shelly 107th; Schofield, Kim 60th |
2021 GA H.R. 12 (NS) |
2021 Georgia House Resolution No. 12, Georgia One Hundred Fifty-Sixth General Assembly - 2021-2022 Regular Session (1/13/2021) |
Legislation (Proposed & Enacted) |
|
Congress; creation of a reparations study committee; express support House Resolution 12 By: Representatives Kendrick of the 93rd, Mitchell of the 88th, Scott of the 76th, Williams of the 168th, Hutchinson of the 107th, and others A RESOLUTION Expressing support for the creation of a reparations study committee by the 117th United States Congress and reaffirming this state's opposition to racial discrimination; and for other purposes. WHEREAS, millions of Africans and their descendants were enslaved in the United States and the 13 American colonies, including the Georgia colony and... |
2021 |
Most Relevant |
| Kendrick, Dar'shun 93rd; Mitchell, Billy 88th; Scott, Sandra 76th; Williams, Al 168th; Hutchinson, Shelly 107th; Schofield, Kim 60th |
2021 GA H.R. 12 (NS) |
2021 Georgia House Resolution No. 12, Georgia One Hundred Fifty-Sixth General Assembly - 2021-2022 Regular Session (1/14/2021) |
Legislation (Proposed & Enacted) |
|
Congress; creation of a reparations study committee; express support House Resolution 12 By: Representatives Kendrick of the 93rd, Mitchell of the 88th, Scott of the 76th, Williams of the 168th, Hutchinson of the 107th, and others A RESOLUTION Expressing support for the creation of a reparations study committee by the 117th United States Congress and reaffirming this state's opposition to racial discrimination; and for other purposes. WHEREAS, millions of Africans and their descendants were enslaved in the United States and the 13 American colonies, including the Georgia colony and... |
2021 |
Most Relevant |
| Delegate W. Fisher |
2021 MD H.B. 121 (NS) |
2021 Maryland House Bill No. 121, Maryland 442nd Session of the General Assembly, 2021 (1/13/2021) |
Legislation (Proposed & Enacted) |
|
State Government - Maryland Reparations Commission - Establishment (Harriet Tubman Community Investment Act) HOUSE BILL 121 D5, F2, I4 1lr1081 HB 1201/20 - HGO (PRE-FILED) By: Delegate W. Fisher Requested: October 22, 2020 Introduced and read first time: January 13, 2021 Assigned to: Health and Government Operations A BILL ENTITLED AN ACT concerning State Government - Maryland Reparations Commission - Establishment (Harriet Tubman Community Investment Act) FOR the purpose of establishing the Maryland Reparations Commission; providing for the composition, staffing, chair and vice... |
2021 |
Most Relevant |
| Barron, Charles |
2021 NY A.B. 2619 (NS) |
2021 New York Assembly Bill No. 2619, New York Two Hundred Forty-Fourth Legislative Session (1/19/2021) |
Legislation (Proposed & Enacted) |
|
BARRON, PRETLOW, DICKENS, AUBRY, WALKER, WILLIAMS, RICHARDSON, SOLAGES, PICHARDO, RODRIGUEZ, PEOPLES-STOKES, COOK, J. RIVERA, DE LA ROSA, PERRY, VANEL, HYNDMAN, CAHILL, JEAN-PIERRE, BICHOTTE HERMELYN, TAYLOR, DILAN, DARLING, JOYNER, BENEDETTO, EPSTEIN, REYES, FRONTUS, SIMON, RAMOS, FERNANDEZ, CRUZ, Relates to acknowledging the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the city of New York and the state of New York; establishes the New York state community commission on reparations remedies to examine the institution of slavery, subsequently de jure and de... |
2021 |
Most Relevant |
| Barron, Charles |
2021 NY A.B. 2619 (NS) |
2021 New York Assembly Bill No. 2619, New York Two Hundred Forty-Fourth Legislative Session (6/4/2021) |
Legislation (Proposed & Enacted) |
|
BARRON, PRETLOW, DICKENS, AUBRY, WALKER, WILLIAMS, RICHARDSON, SOLAGES, PICHARDO, RODRIGUEZ, PEOPLES-STOKES, COOK, J. RIVERA, DE LA ROSA, PERRY, VANEL, HYNDMAN, CAHILL, JEAN-PIERRE, BICHOTTE HERMELYN, TAYLOR, DILAN, DARLING, JOYNER, BENEDETTO, EPSTEIN, REYES, FRONTUS, SIMON, RAMOS, FERNANDEZ, CRUZ, Relates to acknowledging the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the city of New York and the state of New York; establishes the New York state community commission on reparations remedies to examine the institution of slavery, subsequently de jure and de... |
2021 |
Most Relevant |