AuthorTitleCitationSummaryYearDocument TypeCase Status
Lolita Buckner Inniss A Critical Legal Rhetoric Approach to in re African-American Slave Descendants Litigation 24 Saint John's Journal of Legal Commentary 649 (Summer 2010) Critical legal rhetoric is a means of explicating the way in which rhetoric and ideology relate to law. It names the rhetorical practices and clarifies the ideologies that go into making up the law's articulations. Critical legal rhetoric is, in other words, a way of understanding not only why law performs its work, but how. Critical legal rhetoric... 2010 Law Review Articles and Other Secondary Sources  
Thomas M. Antkowiak A Dark Side of Virtue: the Inter-american Court and Reparations for Indigenous Peoples 25 Duke Journal of Comparative & International Law L. 1 (Fall 2014) INTRODUCTION. 2 I. REMEDIES IN INTERNATIONAL LAW FOR HUMAN RIGHTS VIOLATIONS. 5 A. Overview. 5 B. Remedies for Indigenous Peoples in International Law. 10 II. THE INTER-AMERICAN COURT'S CASE LAW: REPARATIONS FOR INDIGENOUS PEOPLES. 17 A. Introduction. 17 1. Definition and Case Selection. 17 2. The Court's General Criteria for Monetary and... 2014 Law Review Articles and Other Secondary Sources  
F. Michael Higginbotham A Dream Revived: the Rise of the Black Reparations Movement 58 New York University Annual Survey of American Law 447 (2003) It is a pleasure to provide an introduction for a conference on the black reparations movement for two reasons. First, much has been written recently about the rise of the black reparations movement and the theoretical aspects of black reparations, but there has been little focus on comparative or practical considerations. This symposium issue... 2003 Law Review Articles and Other Secondary Sources  
Keith N. Hylton A Framework for Reparations Claims 24 Boston College Third World Law Journal 31 (Winter, 2004) 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 Law Review Articles and Other Secondary Sources  
Keith N. Hylton A Framework for Reparations Claims 24 Boston College Third World Law Journal 31 (Winter, 2004) 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 Law Review Articles and Other Secondary Sources  
Emma Coleman Jordan A History Lesson: Reparations for What? 58 New York University Annual Survey of American Law 557 (2003) A major difficulty facing the reparations-for-slavery movement is that to date the movement has focused its litigation strategies and its rhetorical effort upon the institution of slavery. While slavery is the root of modern racism, it suffers many defects as the centerpiece of a reparations litigation strategy. The most important difficulty is... 2003 Law Review Articles and Other Secondary Sources  
Richard M. Buxbaum A Legal History of International Reparations 23 Berkeley Journal of International Law 314 (2005) 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 Law Review Articles and Other Secondary Sources  
David C. Gray A No-excuse Approach to Transitional Justice: Reparations as Tools of Extraordinary Justice 87 Washington University Law Review 1043 (2010) It is sometimes the case that a debate goes off the rails so early that riders assume the rough country around them is the natural backdrop for their travels. That is certainly true in the debate over reparations in transitions to democracy. Reparations traditionally are understood as material or symbolic awards to victims of an abusive regime... 2010 Law Review Articles and Other Secondary Sources  
Susan K. Serrano A Reparative Justice Approach to Assessing Ancestral Classifications Aimed at Colonization's Harms 27 William & Mary Bill of Rights Journal 501 (December, 2018) Introduction. 501 I. Davis V. Guam in Legal-Political Context. 506 A. The Dismantling of Justice. 507 B. Rice v. Cayetano: Ancestry as Proxy for Race. 510 C. Davis v. Guam: Ancestry as Invidious Racial Purpose. 514 II. A Reparative Justice Approach to Remedying the Harms of Colonization. 518 A. Ancestry and Race as Key to Colonization. 519 B.... 2018 Law Review Articles and Other Secondary Sources  
Zachary F. Bookman A Role for Courts in Reparations 20 National Black Law Journal 75 (2006-2007) 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 Law Review Articles and Other Secondary Sources  
Patrisse Cullors Abolition and Reparations: Histories of Resistance, Transformative Justice, and Accountability 132 Harvard Law Review 1684 (April, 2019) The historical context of abolition is minimally understood, either in today's social movements or in U.S. society more broadly. For our political strategies and struggles against racism, patriarchy, and capitalism to be effective, we must deeply ground ourselves in an abolitionist vision and praxis. The combination of theory and practice takes... 2019 Law Review Articles and Other Secondary Sources  
Matthew C. Stone About Face: American Ex-pows Turned Away by the United States Government; after Denial of Reparations, What Does the Future Hold? 22 Penn State International Law Review 139 (Summer 2003) Sleep my sons, your duty done . . . For freedom's light has come. Sleep in the silent depths of the sea Or in your bed of hallowed sod. Until you hear at dawn, The low clear reveille of God. --Unknown Choosing between competing interests is simply a fact of life for most politicians. In 1951, President Harry Truman, during his second presidential... 2003 Law Review Articles and Other Secondary Sources  
Albert Mosley Affirmative Action as a Form of Reparations 33 University of Memphis Law Review 353 (Winter, 2003) I. Introduction. 353 II. Affirmative Action and Its Role as Compensation for Past Racial Discrimination. 355 III. Conclusion. 363 2003 Law Review Articles and Other Secondary Sources  
Zack Budryk After Mcconnell Opposes Reparations, Nbc Report Shows His Great-great-grandfathers Owned 14 Slaves The Hill (7/8/2019) Two of Senate Majority Leader Mitch McConnells (R-Ky.) ancestors owned a total of more than a dozen slaves, according to an investigation by NBC News completed shortly after McConnell spoke in opposition to reparations for the descendants of slaves. 2019 Law Review Articles and Other Secondary Sources  
Pamela D. Bridgewater Ain't I a Slave: Slavery, Reproductive Abuse, and Reparations 14 UCLA Women's Law Journal 89 (Fall/Winter 2005) 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 Law Review Articles and Other Secondary Sources  
Dekera Greene Ain't No Peace until We Get a Piece: Exploring the Justiciability and Potential Mechanisms of Reparations for American Blacks Through United States Law, Specific Modes of International Law, and the Covenant for the Elimination of All Forms of Racial Discr 5 Modern American 10 (Spring, 2009) In the beginning was the word And the word was Death And the word was nigger And the word was death to all niggers And the word was death to all life And the word was death to all peace be still . In the name of peace They waged the wars ain't they got no shame In the name of peace Lot's wife is now a product of the Morton company nah they ain't... 2009 Law Review Articles and Other Secondary Sources  
Peter Wallenstein, Virginia Polytechnic Institute and State University Alfred L. Brophy, Reconstructing the Dreamland: the Tulsa Riot of 1921-race, Reparations, and Reconciliation, New York: Oxford University Press, 2002. Pp. Xx + 187. $25.00 (Isbn 0-19-514685-9) 21 Law and History Review 638 (Fall, 2003) During the evening of May 31, 1921concerned that a young black man, Dick Rowland, was likely to be taken from his Oklahoma jail and lynchedthree carloads of armed black men (among them veterans of the Great War) made their way from Greenwood, the black section of Tulsa, downtown to the courthouse. Crowds gathered, and a shot rang out, touching... 2003 Law Review Articles and Other Secondary Sources  
Eric K. Yamamoto , Susan K. Serrano , Michelle Natividad Rodriguez American Racial Justice on Trial--again: African American Reparations, Human Rights, and the War on Terror 101 Michigan Law Review 1269 (March, 2003) Few questions challenge us to consider 380 years of history all at once, to tunnel inside our souls to discover what we truly believe about race and equality and the value of human suffering. --Kevin Merida (on African American reparations) Secretary of State Colin L. Powell said today that terrorists can only be attacked from the highest moral... 2003 Law Review Articles and Other Secondary Sources  
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) 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 Law Review Articles and Other Secondary Sources  
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) 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 Law Review Articles and Other Secondary Sources  
  Arizona Bars Advertising of "Slavery Reparations' 1997-NOV National Association of Attorneys General: Consumer Protection Report 22 (October/November, 1997) Attorney General Grant Woods has entered into an Assurance of Discontinuance with Orves Morrison, doing business as Commercial Accounting & Tax Service. Morrison allegedly was representing to African-American consumers that they were eligible for reparations owed to the descendants of former slaves by the IRS. He allegedly claimed that the U.S.... 1997 Law Review Articles and Other Secondary Sources  
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) 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 Law Review Articles and Other Secondary Sources  
Daniel A. Farber Backward-looking Laws and Equal Protection: the Case of Black Reparations 74 Fordham Law Review 2271 (March, 2006) 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 Law Review Articles and Other Secondary Sources  
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) 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 Law Review Articles and Other Secondary Sources  
Natsu Taylor Saito Beyond Reparations: Accommodating Wrongs or Honoring Resistance? 1 Hastings Race and Poverty Law Journal 27 (Fall, 2003) Reparations for race-related wrongs have become a common subject of both popular and scholarly discourse. There is a great deal of public discussion-- and some remedial action--with respect to wrongs arising out of World War II, and the subject of reparations to African Americans has once again become a subject of widespread debate. Accordingly, it... 2003 Law Review Articles and Other Secondary Sources  
William Bradford Beyond Reparations: an American Indian Theory of Justice 66 Ohio State Law Journal L.J. 1 (2005) 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 Law Review Articles and Other Secondary Sources  
  Black African Reparations: Making a Claim for Enslavement and Systematic De Jure Segregation and Racial Discrimination under American and International Law 25 Southern University Law Review Rev. 1 (Fall, 1997) I. Introduction. 2 II. A Historical Overview of the Struggle for African Reparations. 6 A. Reparations: From Pre-Reconstruction to thePresent. 6 III. Can a Valid Claim for Black Reparations be Made Under American Law?. 14 A. American Courts in the Late Nineteenth Century. 14 B. American Courts in the Early and Mid-Twentieth Century. 16 IV. The... 1997 Law Review Articles and Other Secondary Sources  
Hannah Noll-Wilensky Black-market Adoptions in Tennessee: a Call for Reparations 30 Hastings Women's Law Journal 287 (Summer, 2019) Today, adoption is a widely celebrated, well-established method of creating a family and providing children in need with loving homes. However, in the early twentieth century, adoptable children were considered undesirable and many child welfare professionals advised would-be parents to avoid adoption altogether. One woman, the director of the... 2019 Law Review Articles and Other Secondary Sources  
Zack Budryk Booker Blasts 'Ignorance' of Mcconnell Reparations Comments The Hill (6/19/2019) Sen. Cory Booker (D-N.J.) said Wednesday that Senate Majority Leader Mitch McConnells (R-Ky.) comments this week in opposition to reparations for descendants of slaves displayed a tremendous amount of ignorance. 2019 Law Review Articles and Other Secondary Sources  
Jordain Carney Booker Introduces Bill to Form Reparations Study Commission The Hill (4/9/2019) Sen. Cory Booker (D-N.J.) filed legislation on Tuesday that would form a commission to study the issue of granting reparations to African-Americans. 2019 Law Review Articles and Other Secondary Sources  
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