AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Chad W. Bryan Precedent for Reparations? A Look at Historical Movements for Redress and Where Awarding Reparations for Slavery Might Fit 54 Alabama Law Review 599 (Winter 2003) Law Review Articles and Other Secondary Sources   While by no means a new concept, the debate over modern reparations for slavery has taken on a new intensity in recent years, especially among the African American community. Much of this focus has come as a result of the Civil Liberties Act of 1988, congressional legislation awarding reparations for the World War II internment of thousands of... 2003 Most Relevant
A. David E. Balahadia Preparations for a Storm: a Proposal for Managing the Litigation Stemming from September 11th, 2001 4 Pepperdine Dispute Resolution Law Journal 61 (2003) Law Review Articles and Other Secondary Sources   In the two years since September 11th, 2001, the United States government has overthrown the Taliban, liberated Iraq, and captured Saddam Hussein. Despite these victories abroad, the United States government has unresolved issues on the home front. The attacks of September 11th, 2001 resulted in the deaths of 2,749 people while thousands more were... 2003 Most Relevant
Christopher C. Jones Redemption Song: an Analysis of the Reparations Movement 33 University of Memphis Law Review 449 (Winter, 2003) Law Review Articles and Other Secondary Sources   I. L2-4,T4Introduction 450 II. L2-4,T4The History and Background of the Reparations Movement 451 A. L3-4,T4The Freedmen's Bureau 451. B. L3-4,T4Dr. Martin Luther King, Jr. 453. C. L3-4,T4Reparations in the United States for Other Injured Groups 454. 1. The Tulsa and Rosewood Race Riots. 454 2. Japanese Detainees of World War II. 456 3. Reparations... 2003 Most Relevant
Roy L. Brooks Rehabilitative Reparations for the Judicial Process 58 New York University Annual Survey of American Law 475 (2003) Law Review Articles and Other Secondary Sources   One of the most important issues in the debate on black reparations concerns the precise form such reparations should assume. Should they be in the form of a check from the federal government or culpable corporation made payable to individuals or families of slave descendants? If so, how does one calculate such payments? Should reparations be in... 2003 Most Relevant
Charles J. Ogletree, Jr. Repairing the Past: New Efforts in the Reparations Debate in America 38 Harvard Civil Rights-Civil Liberties Law Review 279 (Summer, 2003) Law Review Articles and Other Secondary Sources   The reparations debate, in America and globally, has gained momentum in recent years, and it will only grow in significance over time. 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 call for repayment of the debt for slavery has reached a... 2003 Most Relevant
Ransford W. Palmer Reparations and the Black-white Income Gap 6 Howard Scroll: The Social Justice Law Review 71 (Fall, 2003) Law Review Articles and Other Secondary Sources   The issue of reparations for slavery has gained more attention in recent years, but it has not yet attracted a ground swell of support. Even among the Black population, opinion is divided. Those who advocate reparations seek solutions in the courts, but the strength of their arguments must be based not only on law, but also on the social and... 2003 Most Relevant
Lee A. Harris Reparations as a Dirty Word: the Norm Against Slavery Reparations 33 University of Memphis Law Review 409 (Winter, 2003) Law Review Articles and Other Secondary Sources   I. L2-4,T4Introduction 409 II. L2-4,T4Origins of the Anti-Reparations Norm 413 A. L3-4,T4Culture 414. 1. Self-reliance. 415 2. Private Property. 417 3. Equal Opportunity. 419 B. L3-4,T4Individuals 421. C. L3-4,T4Law 426. III. L2-4,T4Public Discourse in Light of the Anti-Reparations Norm 430 A. L3-4,T4Political Discourse 430. B. L3-4,T4Academic... 2003 Most Relevant
Stephen Kershnar Reparations for Slavery and Justice 33 University of Memphis Law Review 277 (Winter, 2003) Law Review Articles and Other Secondary Sources   I. L2-5,T5Introduction 278 II. L2-5,T5The Descendants of Slaves Were Not Unjustly Harmed by Slavery 278 A. L3-5,T5Claims of Compensatory Justice Require an Unjust Harm 278 B. L3-5,T5Slavery Did Not Harm the Descendants of Slaves 280 C. L3-5,T5Even If Slavery Harmed the Descendants, It Probably Did Not Do So Unjustly 282 III. L2-5,T5The Inheritance... 2003 Most Relevant
Eric A. Posner , Adrian Vermeule Reparations for Slavery and Other Historical Injustices 103 Columbia Law Review 689 (April, 2003) Law Review Articles and Other Secondary Sources   Victims of historical injustices who have no positive law claim against wrongdoers often seek reparations from governments, and occasionally they obtain them. The best known reparations programs are those for Japanese Americans who were interned by the United States government during World War II, and for victims of the Nazi Holocaust. But there... 2003 Most Relevant
Charles J. Ogletree, Jr. Reparations for the Children of Slaves: Litigating the Issues 33 University of Memphis Law Review 245 (Winter, 2003) Law Review Articles and Other Secondary Sources   Reparations presents one of the most controversial issues facing race relations in America today. It is controversial, in part, because it involves something more than the usual attempt to resist the roll-back of civil rights gains of the 1950s and 1960s. Instead, reparations requires an active, forward-looking response to America's baleful history... 2003 Most Relevant
Erin Daly Reparations in South Africa: a Cautionary Tale 33 University of Memphis Law Review 367 (Winter, 2003) Law Review Articles and Other Secondary Sources   The South African experience with reparations is an important object lesson for any major effort to seek reparations to the descendents of slaves in the United States. In large part, this is because South Africa represents the best possible case for reparations: there were clear and gross violations of human rights, still-suffering victims,... 2003 Most Relevant
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   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   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   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   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   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
  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   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   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   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   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
  Federal Judge Shuts down Reparations Tax Preparer DOJ 02-705 (12/10/2002) Administrative Decisions & Guidance     2002 Most Relevant
  Justice Department Sues Three Georgia Tax Preparers to Halt Slavery Reparations Tax Refund Scam DOJ 02-575 (10/3/2002) Administrative Decisions & Guidance     2002 Most Relevant
  Justice Department Sues to Enjoin Return Preparers Implicated in Slavery-reparations Tax Scam DOJ 02-126 (3/6/2002) Administrative Decisions & Guidance     2002 Most Relevant
  Justice Department Sues to Enjoin Return Preparers Implicated in Slavery-reparations Tax Scam (3/6/2002) Administrative Decisions & Guidance     2002 Most Relevant
  Man Sentenced to Prison for Slavery Reparation Tax Scheme (1/25/2002) Administrative Decisions & Guidance     2002 Most Relevant
  Reparation Scams Carry a Price FS- 2002-08 (1/1/2002) Administrative Decisions & Guidance     2002 Most Relevant
  Slavery Reparation Scams Surge, Irs Urges Taxpayers Not to File False Claims IR- 2002-08 (1/24/2002) Administrative Decisions & Guidance     2002 Most Relevant
  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   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
  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   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   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   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   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   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   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   [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   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   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   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   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   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
  Slave Descendants Seek $1.4 Trillion in Reparations from Fleetboston, Others Farmer-paellmann v. Fleetboston Fin. Corp. 7 Andrews' Bank & Lender Liability Litigation Reporter Rep. 4 (4/4/2002) Law Review Articles and Other Secondary Sources   A class action lawsuit filed on March 26 in a Brooklyn, N.Y., federal court seeks damages of as much as $1.4 trillion from FleetBoston Financial Corporation and two other major U.S. companies that allegedly profited from slavery more than 137 years ago. The plaintiff class would be made up of millions of black Americans whose ancestors were slaves... 2002 Most Relevant
  Slave Descendants Seek $1.4 Trillion in Reparations from Fleetboston, Others Slavery Reparations 12 Andrews Insurance Coverage Litigation Report 13 (4/5/2002) Law Review Articles and Other Secondary Sources   A class action lawsuit filed on March 26 in a Brooklyn, N.Y., federal court seeks damages of as much as $1.4 trillion from FleetBoston Financial Corporation and two other major U.S. companies that allegedly profited from slavery more than 137 years ago. The plaintiff class would be made up of millions of black Americans whose ancestors were slaves... 2002 Most Relevant
Andrew Brownstein Suits Bring Debate over Slavery Reparations into the Courtroom 38-DEC Trial 68 (December, 2002) Law Review Articles and Other Secondary Sources   Under normal circumstances, four suits brought recently against J.P. Morgan Chase & Co., R.J. Reynolds Tobacco Holdings Inc., and other corporate giants would not have caused the companies significant alarm. The cases had the sort of elements defense lawyers love: alleged actions more than a hundred years old; no living witnesses or victims... 2002 Most Relevant
Harry N. Scheiber Taking Responsibility: Moral and Historical Perspectives on the Japanese War-reparations Issues 20 Berkeley Journal of International Law 233 (2002) Law Review Articles and Other Secondary Sources   A disturbing aspect of today's lawsuits and public controversies over World War II reparations claims by individuals and groups who suffered from war crimes is the fact that the issue has come to a climax only now--more than half a century after the war's end, and at a time when the people who indisputably were innocent victims of those crimes are... 2002 Most Relevant
Ryan Michael Spitzer The African Holocaust: Should Europe Pay Reparations to Africa for Colonialism and Slavery? 35 Vanderbilt Journal of Transnational Law 1313 (October, 2002) Law Review Articles and Other Secondary Sources   For many people of European descent, slavery is little more than an unpleasant memory of a bygone and distant era, largely remembered more for the glory of empires lost and faded dreams of conquest and exploration. For many Africans and African Americans, however, slavery remains an unhealed wound that is frequently, if not constantly, reopened by... 2002 Most Relevant
DAVID J. TREVINO The Currency of Reparations: Affirmative Action in College Admissions 4 Scholar: St. Mary's Law Review on Minority Issues 439 (Spring 2002) Law Review Articles and Other Secondary Sources   I. Prologue-Ignacious and Reilly. 440 II. Introduction-What Position Do Minorities Occupy in the Social, Political, and Educational Strata?. 441 III. Hopwood v. Texas-The Decline of Bakke. 442 IV. Doctrinal Framework-Basic Information and Background. 445 V. Bakke-The Genesis of Racial Diversity as a Compelling Governmental Interest. 449 VI. Gratz &... 2002 Most Relevant
Adjoa A. Aiyetoro The Development of the Movement for Reparations for African Descendants 3 Journal of Law in Society 133 (Winter, 2002) Law Review Articles and Other Secondary Sources   The current movement for reparations for African descendants in the United States has its roots in the enslavement of African peoples. This demand for reparations has its ebbs and tides in terms of the numbers actively supporting it. There was a peak in the movement in the 1890s, resulting in the formation of the Ex-Slave Mutual Relief, Bounty &... 2002 Most Relevant
Lindsay Glauner The Need for Accountability and Reparation: 1830-1976 the United States Government's Role in the Promotion, Implementation, and Execution of the Crime of Genocide Against Native Americans 51 DePaul Law Review 911 (Spring 2002) Law Review Articles and Other Secondary Sources   The opposite of love is not hate; it's indifference. The opposite of art is not ugliness; it's indifference. The opposite of faith is not heresy; it's indifference. The opposite of life is not death; it's indifference. Because of indifference, one dies before one actually dies. Elie Wiesel. On September 8, 2000, the head of the Bureau of Indian... 2002 Most Relevant
Alfred L. Brophy The World of Reparations: Slavery Reparations in Historical Perspective 3 Journal of Law in Society 105 (Winter, 2002) Law Review Articles and Other Secondary Sources   We are hearing a lot about the case for reparations these daysreparations for Japanese-Americans interned by the United States during World War II, victims of the Nazi holocaust, Native American property losses. We are also hearing about many forms of reparationsdirect cash payments, apologies, truth commissions. And now we are hearing much about... 2002 Most Relevant
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