AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Zachary F. Bookman A Role for Courts in Reparations 20 National Black Law Journal 75 (2006-2007) Law Review Articles and Other Secondary Sources   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 Most Relevant
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) Law Review Articles and Other Secondary Sources   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 Most Relevant
Bernadette Atuahene From Reparation to Restoration: Moving Beyond Restoring Property Rights to Restoring Political and Economic Visibility 60 SMU Law Review 1419 (Fall 2007) Law Review Articles and Other Secondary Sources   I. INTRODUCTION. 1420 II. INVISIBILITY. 1425 A. Property Confiscation Can Remove Individuals and Communities from the Social Contract and Render Them Invisible. 1425 B. Widespread Property Induced Invisibility Can Lead to Increased Enforcement Costs and Political and Economic Instability. 1440 III. RESTORATION. 1444 A. The Importance and Limits of... 2007 Most Relevant
Tara Kolar Ramchandani Judicial Recognition of the Harms of Slavery: Consumer Fraud as an Alternative to Reparations Litigation 42 Harvard Civil Rights-Civil Liberties Law Review 541 (Summer, 2007) Law Review Articles and Other Secondary Sources   Beginning as early as 1915, African Americans have attempted to gain redress for the evils of slavery through the judicial system and consistently have met defeat. These cases have been dismissed for a variety of procedural and jurisdictional reasons, including statutes of limitations, the political question doctrine, sovereign immunity, and lack... 2007 Most Relevant
Angelique M. Davis Multiracialism and Reparations: the Intersection of the Multiracial Category and Reparations Movements 29 Thomas Jefferson Law Review 161 (Spring 2007) Law Review Articles and Other Secondary Sources   Current reparations discourse raises not only the age old question of who is black? but also the political and legal complexities of making this determination in light of the recent Multiracial Category Movement (MCM). This movement seeks to create a separate multiracial classification on all private and public data collection forms. This essay... 2007 Most Relevant
Maxine Burkett Reconciliation and Nonrepetition: a New Paradigm for African-american Reparations 86 Oregon Law Review 99 (2007) Law Review Articles and Other Secondary Sources   The contemporary paradigm for African-American reparations fundamentally fails to address what should be its most vital component. Of the three essential elements of a successful reparations campaign--apology, award, and nonrepetition through reconciliation--the most vital is nonrepetition. In past successful reparations campaigns, the offending... 2007 Most Relevant
Theodore Kornweibel, Jr. Reparations and Railroads 29 Thomas Jefferson Law Review 219 (Spring 2007) Law Review Articles and Other Secondary Sources   The consolidated civil cases seeking reparations on behalf of African-American descendants of slaves were thrown out of the United States District Court in Chicago in July, 2005. These cases were the result of reparations crusader Deadria Farmer-Paellmann's determination to seek restitution from corporate America after it had become manifestly... 2007 Most Relevant
Adrienne Davis Reparations and the Slave Trade 101 American Society of International Law Proceedings 285 (March 28-31,) Law Review Articles and Other Secondary Sources   Professor Davis began her remarks by noting that the reparations debate challenges us to develop a consensus on what the U.S. experience with slavery was--what was the nature of the injury and moral wrong, and the relationship that has with our contemporary political and economic order. Instead of debating the moral and historical specificity of... 2007 Most Relevant
  Reparations in the Inter-american System: a Comparative Approach 56 American University Law Review 1375 (August, 2007) Law Review Articles and Other Secondary Sources   I. Introduction: Dean Claudio Grossman. 1376 II. Reparations: A Comparative Perspective. 1377 A. Fernanda Nicola. 1377 B. Francisco Quintana. 1382 C. Diego Rodríguez-Pinzón. 1390 D. Dinah Shelton. 1396 E. Darren Hutchinson. 1402 III. Lawyering for Reparations: Inter-American Perspective. 1406 A. Agustina Del Campo. 1406 B. Carlos Ayala. 1413 C.... 2007 Most Relevant
Kaimipono David Wenger Reparations Within the Rule of Law 29 Thomas Jefferson Law Review 231 (Spring 2007) Law Review Articles and Other Secondary Sources   The debate over monetary reparations for slavery raises a number of questions. One important question is how reparations relate to the Rule of Law. There are two ways in which the Rule of Law impacts the reparations debate. First, reparations might be required under the Rule of Law. Second, they might be counter to the Rule of Law. Either... 2007 Most Relevant
Jack Greenberg Reparations: Politically Inconceivable 29 Thomas Jefferson Law Review 157 (Spring 2007) Law Review Articles and Other Secondary Sources   Compensation sought or paid for wrongs inflicted on large numbers of members of racial, religious, ethnic, or national groups is often called reparations. Usually, it has been paid, or sought, from entities that did the harm or that in some sense are the representatives of the harm doer. Sometimes the wrongdoer might be a corporation or perhaps an... 2007 Most Relevant
Congressman John Conyers, Jr. Reparations: the Legislative Agenda 29 Thomas Jefferson Law Review 151 (Spring 2007) Law Review Articles and Other Secondary Sources   Thank you so much to Richard Winchester of the famous law family, and Sue Winchester, his sister who happens to also be here. Ladies and gentlemen, members of the panel, I am happy to be with you today to discuss a subject that began when I introduced H.R. 40 in 1989. It is funny how these things start; I had a constituent, Ray Jenkins, who... 2007 Most Relevant
Linda M. Keller Seeking Justice at the International Criminal Court: Victims' Reparations 29 Thomas Jefferson Law Review 189 (Spring 2007) Law Review Articles and Other Secondary Sources   The International Criminal Court (ICC) represents a major achievement in international criminal justice, particularly with regard to victims. Victims of international crimes are, for the first time, recognized as having rights as participants in the process and as recipients of reparations. According to the ICC, reparations are aimed at... 2007 Most Relevant
Adjoa Artis Aiyetoro Truth Matters: a Call for the American Bar Association to Acknowledge its past and Make Reparations to African Descendants 18 George Mason University Civil Rights Law Journal 51 (Fall 2007) Law Review Articles and Other Secondary Sources   Look truth straight in the eye and consider remembering as a moral obligation. As the leading national bar association in the United States since its founding in 1878, the American Bar Association (ABA) played a critically important role in the exclusion of African descendant attorneys from the legal profession. Membership in the ABA opened and... 2007 Most Relevant
  In re African-american Slave Descendants Litigation 471 F.3d 754, United States Court of Appeals, Seventh Circuit. (12/13/2006) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. CIVIL RIGHTS - Parties. Descendants of slaves lacked standing to sue private companies for reparations in federal court. 2006 Most Relevant
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) Law Review Articles and Other Secondary Sources   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 Most Relevant
Daniel A. Farber Backward-looking Laws and Equal Protection: the Case of Black Reparations 74 Fordham Law Review 2271 (March, 2006) Law Review Articles and Other Secondary Sources   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 Most Relevant
Kaimipono David Wenger Causation and Attenuation in the Slavery Reparations Debate 40 University of San Francisco Law Review 279 (Winter 2006) Law Review Articles and Other Secondary Sources   THE MOVEMENT FOR SLAVERY reparations is struggling. Scholars continue to write about reparations, but they seem increasingly to make up the majority of the bandwagon. The media is sometimes ambivalent and occasionally hostile. The lukewarm media reception mirrors societal feelings in general. Proposed legislation has failed to advance in Congress.... 2006 Most Relevant
Andrew Woolford, Stefan Wolejszo Collecting on Moral Debts: Reparations for the Holocaust and Por̆ajmos 40 Law and Society Review 871 (December, 2006) Law Review Articles and Other Secondary Sources   In the early 1980s, Sebba (1980) explored the victimological and criminological dimensions of German Holocaust reparations, utilizing a broad definition of victimization similar to Mendelsohn's (1976) earlier framing of this notion, which included victims of genocide and mass violence. Since this time, scant attention has been paid to the... 2006 Most Relevant
Eric L. Muller Fixing a Hole: How the Criminal Law Can Bolster Reparations Theory 47 Boston College Law Review 659 (July, 2006) Law Review Articles and Other Secondary Sources   Abstract: High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have... 2006 Most Relevant
Kristl K. Ishikane Korean Sex Slaves' Unfinished Journey for Justice: Reparations from the Japanese Government for the Institutionalized Enslavement and Mass Military Rapes of Korean Women During World War Ii 29 University of Hawaii Law Review 123 (Winter 2006) Law Review Articles and Other Secondary Sources   I can no longer tolerate the lies of the Japanese government. Kim Hak-Sun On August 14, 1991, Kim Hak-Sun broke the silence that had tormented her for more than fifty years. Disgusted with the Japanese government's lies about its wartime atrocities, she became the first victim to publicly tell the story of her life as a Korean sex slave of the... 2006 Most Relevant
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
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