AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Joe R. Feagin Documenting the Costs of Slavery, Segregation, and Contemporary Racism: Why Reparations Are in Order for African Americans 20 Harvard BlackLetter Law Journal 49 (Spring, 2004) Law Review Articles and Other Secondary Sources   Without significant reparations for African Americans, the deepest racial divide in the United States will never be eliminated. As Randall Robinson has put it in The Debt: What America Owes to Blacks, if . African Americans will not be compensated for the massive wrongs and social injuries inflicted upon them by their government, during and after... 2004 Most Relevant
Richard Buxbaum German Reparations after the Second World War 6 African-American Law and Policy Report 35 (2004) Law Review Articles and Other Secondary Sources   To someone my age, some of the previous comments smack of the venial sin of Presentism. For some of us, 1961 is not all that long ago; we can test the question of past versus present comprehension of the changing American views of race and ethnicity by looking at the span of our own adult lives. I do not believe that we were ignorant of the... 2004 Most Relevant
Roy L. Brooks Getting Reparations for Slavery Right--a Response to Posner and Vermeule 80 Notre Dame Law Review 251 (November, 2004) Law Review Articles and Other Secondary Sources   In their essay, Reparations for Slavery and Other Historical Injustices, Eric Posner and Adrian Vermeule (hereinafter referred to as the authors) set out to provide an overview of the conceptual, legal, and moral issues surrounding reparations. Their main critical thrust is to fill what they perceive to be large gaps in the literature on... 2004 Most Relevant
James R. Hackney, Jr. Ideological Conflict, African American Reparations, Tort Causation and the Case for Social Welfare Transformation 84 Boston University Law Review 1193 (December, 2004) Law Review Articles and Other Secondary Sources   Introduction. 1193 I. The Mass Tort Analogy and the Case For and Against African American Reparations. 1194 II. Implications: Social Welfare Transformation?. 1201 Conclusion. 1206 2004 Most Relevant
  Judge Dismisses Slave Reparations Suit Against Several Companies in re African-american Slave Descendants Litig. 11 Andrews Class Action Litigation Reporter 13 (3/3/2004) Law Review Articles and Other Secondary Sources   A federal judge in Chicago has dismissed a lawsuit filed against several major corporations and their predecessors by a group of individuals descended from former slaves. The lawsuit sought damages based on the profits the companies made from slave labor. The court dismissed the case based on the conclusion that the plaintiffs lacked standing to... 2004 Most Relevant
Alfred L. Brophy Norms, Law, and Reparations: the Case of the Ku Klux Klan in 1920s Oklahoma 20 Harvard BlackLetter Law Journal 17 (Spring, 2004) Law Review Articles and Other Secondary Sources   In his posthumously published novel Juneteenth, Ralph Ellison explored life in the Oklahoma of his youth during the 1910s and 1920s. The novel reflects on the life of Bliss, a young boy of ambiguous racial heritage, and his foster-parent, Alonzo Hickman, an African American minister. Bliss is the son of a white woman, who accuses the minister's... 2004 Most Relevant
Saul Levmore Privatizing Reparations 84 Boston University Law Review 1291 (December, 2004) Law Review Articles and Other Secondary Sources   Introduction. 1291 I. The Re-Emergence of Reparations Claims. 1292 II. Backward and Forward-Looking, Elective Reparations. 1296 III. Individual Decisionmakers and Recipients. 1303 IV. Privatization as a Means of Attracting Majority Support. 1308 V. Summary. 1316 2004 Most Relevant
Eric J. Miller Reconceiving Reparations: Multiple Strategies in the Reparations Debate 24 Boston College Third World Law Journal 45 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: Much of the current debate over African-American reparations is characterized by a posture of confrontation and demand, and is exemplified in the law by seeking redress using the doctrines of tort and unjust enrichment. This confrontational posture presents a variety of legal, political, and ethical problems for reparations advocates, and... 2004 Most Relevant
Eric J. Miller Reconceiving Reparations: Multiple Strategies in the Reparations Debate 24 Boston College Third World Law Journal 45 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: Much of the current debate over African-American reparations is characterized by a posture of confrontation and demand, and is exemplified in the law by seeking redress using the doctrines of tort and unjust enrichment. This confrontational posture presents a variety of legal, political, and ethical problems for reparations advocates, and... 2004 Most Relevant
Lisa A. Crooms Remembering the Days of Slavery: Plantations, Contracts and Reparations 26 University of Hawaii Law Review 405 (Summer, 2004) Law Review Articles and Other Secondary Sources   Do you remember the days of slav'ry? And how they beat us And how they worked us so hard And how they used us Till they refuse us Do you remember the days of slav'ry? Some of us survive Showing them that we are still alive Do you remember the days of slav'ry? History can recall History can recall History can recall the days of slav'ry Oh slav'ry... 2004 Most Relevant
Jeremy Sarkin Reparation for past Wrongs: Using Domestic Courts Around the World, Especially the United States, to Pursue African Human Rights Claims 32 International Journal of Legal Information 426 (Summer, 2004) Law Review Articles and Other Secondary Sources   Human rights have never received more attention than at present. All around the world there is new vigor in dealing with gross human rights abuse. As a result, the last ten years have seen major developments in international criminal processes to deal with these issues. Accountability for these violations, a major problem in the past, has improved... 2004 Most Relevant
David Lyons Reparations and Equal Opportunity 24 Boston College Third World Law Journal 177 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: This paper offers a sympathetic interpretation of reparations claims made on behalf of African Americans and suggests how they could properly be honored. It reviews the federal government's role in supporting racial subordination and its continuing failure to address the inequitable consequences, which public policy now largely ignores.... 2004 Most Relevant
David Lyons Reparations and Equal Opportunity 24 Boston College Third World Law Journal 177 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: This paper offers a sympathetic interpretation of reparations claims made on behalf of African Americans and suggests how they could properly be honored. It reviews the federal government's role in supporting racial subordination and its continuing failure to address the inequitable consequences, which public policy now largely ignores.... 2004 Most Relevant
Emily Sherwin Reparations and Unjust Enrichment 84 Boston University Law Review 1443 (December, 2004) Law Review Articles and Other Secondary Sources   Introduction. 1443 I. Reparations as Compensation for Harm. 1444 II. The Doctrinal Appeal of Restitution. 1447 III. The Ethics of Unjust Enrichment. 1454 Conclusion. 1465 2004 Most Relevant
Kyle D. Logue Reparations as Redistribution 84 Boston University Law Review 1319 (December, 2004) Law Review Articles and Other Secondary Sources   Introduction. 1319 I. Slavery Reparations as Corrective Justice. 1324 A. Corrective Justice vs. Distributive Justice: The Conceptual Distinction. 1326 B. Corrective Justice vs. Distributive Justice: The Functional Distinction. 1329 C. Corrective Justice vs. Distributive Justice: From Simple Torts, to Toxic Torts, to Reparations. 1332 D. Slavery... 2004 Most Relevant
Naomi Roht-Arriaza Reparations Decisions and Dilemmas 27 Hastings International and Comparative Law Review 157 (Winter 2004) Law Review Articles and Other Secondary Sources   It is a basic maxim of law that harms should be remedied. All legal systems allow for redress of wrongs, in some form. International human rights law is no exception. The International Bill of Rights declares a right to a remedy for violations of human rights. States are obliged to provide remedies for violations, both as a matter of treaty law and... 2004 Most Relevant
Penelope E. Andrews Reparations for Apartheid's Victims: the Path to Reconciliation? 53 DePaul Law Review 1155 (Spring 2004) Law Review Articles and Other Secondary Sources   [A]s far as justice is concerned, the real test, in my view, is not so much who gets paid out what, or who goes to jail for how long. The real test is what we do in South Africa to change and transform our country, so that the massive injustices, institutionalized, systemic, which led to the violations, are corrected, that the people who suffered... 2004 Most Relevant
Alfred L. Brophy Reparations Talk: Reparations for Slavery and the Tort Law Analogy 24 Boston College Third World Law Journal 81 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: This Article examines the current landscape of reparations for slavery, identifying the contours of reparations lawsuits and exploring the ability of tort law to help apportion moral culpability in the reparations context. It first examines several possibilities for lawsuits for Jim Crow, discussing constitutional requirements and... 2004 Most Relevant
Alfred L. Brophy Reparations Talk: Reparations for Slavery and the Tort Law Analogy 24 Boston College Third World Law Journal 81 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: This Article examines the current landscape of reparations for slavery, identifying the contours of reparations lawsuits and exploring the ability of tort law to help apportion moral culpability in the reparations context. It first examines several possibilities for lawsuits for Jim Crow, discussing constitutional requirements and... 2004 Most Relevant
Edieth Y. Wu Reparations to African-americans: the Only Remedy for the U.s. Government's Failure to Enforce the 13th, 14th, and 15th Amendments 3 Connecticut Public Interest Law Journal 403 (Spring, 2004) Law Review Articles and Other Secondary Sources   This article takes a hard look at U.S. history: the political, the social, and the legal landscape after the passage of the 13, 14, and 15 Amendments. The author wholeheartedly believes that the Reparations dialogue must continue. Many, including well-educated Americans, are solidly divided on this important issue and have taken the position that... 2004 Most Relevant
Eric J. Miller Representing the Race: Standing to Sue in Reparations Lawsuits 20 Harvard BlackLetter Law Journal 91 (Spring, 2004) Law Review Articles and Other Secondary Sources   The fundamental problem raised by reparations, and particularly reparations litigation, is the question of how to apportion responsibility for historical wrongs. The most controversial harm targeted by reparations litigation is the enslavement of Africans and African Americans and the injuries consequent to that enslavement. The task faced by such... 2004 Most Relevant
Calvin Massey Some Thoughts on the Law and Politics of Reparations for Slavery 24 Boston College Third World Law Journal 157 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: This Article examines several legal and political issues raised by reparations for slavery and offers a skeptical appraisal of both the wisdom of reparations and their potential for success. There are a number of legal obstacles to courtroom-based reparations, including the difficulty of proving duty, causation, and damages; technical... 2004 Most Relevant
Calvin Massey Some Thoughts on the Law and Politics of Reparations for Slavery 24 Boston College Third World Law Journal 157 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: This Article examines several legal and political issues raised by reparations for slavery and offers a skeptical appraisal of both the wisdom of reparations and their potential for success. There are a number of legal obstacles to courtroom-based reparations, including the difficulty of proving duty, causation, and damages; technical... 2004 Most Relevant
Kim Forde-Mazrui Taking Conservatives Seriously: a Moral Justification for Affirmative Action and Reparations 92 California Law Review 683 (May, 2004) Law Review Articles and Other Secondary Sources   Introduction. 686 I. Corrective Racial Justice: The Prima Facie Case for Societal Responsibility. 694 A. Society Wrongfully Caused Harm. 695 1. The Nature of the Harm. 695 2. The Causal Relationship to Historic Discrimination. 697 B. Society's Obligation to Remedy the Harm. 707 II. Objections to the Prima Facie Case: Problems of Intergenerational... 2004 Most Relevant
Richard A. Epstein The Case Against Black Reparations 84 Boston University Law Review 1177 (December, 2004) Law Review Articles and Other Secondary Sources   Introduction. 1177 I. The Legal Position. 1177 A. Standing. 1179 B. Political Question Doctrine. 1181 C. Statute of Limitations. 1183 II. The Political Dimension. 1187 2004 Most Relevant
Alfred L. Brophy The Cultural War over Reparations for Slavery 53 DePaul Law Review 1181 (Spring 2004) Law Review Articles and Other Secondary Sources   American democracy is a most dramatic form of social organization, and in that drama each of us enacts his role by asserting his own and his group's values and traditions against those of his fellow citizens. Indeed, a battle-royal conflict of interests appears to be basic to our conception of freedom, and the drama of democracy proceeds through a... 2004 Most Relevant
Emma Coleman Jordan The Non-monetary Value of Reparations Rhetoric 6 African-American Law and Policy Report 21 (2004) Law Review Articles and Other Secondary Sources   Even among the grizzly archives of lynching and racial violence following the Civil War, some stories stand out. New Year's Day, 1923, marked the beginning of a six-day racial rampage that wiped out the homes of thirty black families living in the small, gulf coast town of Rosewood, Florida. Minnie Nitemy was nine years old, and her cousin, Ruth... 2004 Most Relevant
David Hall The Spirit of Reparation 24 Boston College Third World Law Journal L.J. 1 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: This Article, the author of which presented the opening and closing remarks and served as moderator for the Boston College Third World Law Journal' s reparations symposium, explores reparations for slavery from a spiritual perspective. It briefly traces the history of reparations for African Americans, beginning with General William... 2004 Most Relevant
David Hall The Spirit of Reparation 24 Boston College Third World Law Journal L.J. 1 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: This Article, the author of which presented the opening and closing remarks and served as moderator for the Boston College Third World Law Journal' s reparations symposium, explores reparations for slavery from a spiritual perspective. It briefly traces the history of reparations for African Americans, beginning with General William... 2004 Most Relevant
Ali A. Mazrui The Truth Between Reparation and Reconciliation: the Pretoria - Nairobi Axis 10 Buffalo Human Rights Law Review Rev. 3 (2004) Law Review Articles and Other Secondary Sources   As the apartheid political order was coming to an end in South Africa, the country faced three alternative scenarios I: The Nuremberg option: This was the theoretical concept of trying and punishing the worst offenders against humanity and civilized standards. In 1945-46 the Nuremberg process tried and sentenced Nazi war criminals and those who... 2004 Most Relevant
Alfreda Robinson Troubling "Settled" Waters: the Opportunity and Peril of African-american Reparations 24 Boston College Third World Law Journal 139 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... 2004 Most Relevant
Alfreda Robinson Troubling "Settled" Waters: the Opportunity and Peril of African-american Reparations 24 Boston College Third World Law Journal 139 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... 2004 Most Relevant
Charles J. Ogletree, Jr. Tulsa Reparations: the Survivors' Story 24 Boston College Third World Law Journal 13 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: This Article explores the ability of reparations litigation to transform the American debate about race by promoting interest convergence between reparations advocates and the majority population. As Professor Derrick Bell has argued, only when the interests of the majority converge with those of the minority will the minority achieve... 2004 Most Relevant
Charles J. Ogletree, Jr. Tulsa Reparations: the Survivors' Story 24 Boston College Third World Law Journal 13 (Winter, 2004) Law Review Articles and Other Secondary Sources   Abstract: This Article explores the ability of reparations litigation to transform the American debate about race by promoting interest convergence between reparations advocates and the majority population. As Professor Derrick Bell has argued, only when the interests of the majority converge with those of the minority will the minority achieve... 2004 Most Relevant
Dennis Klimchuk Unjust Enrichment and Reparations for Slavery 84 Boston University Law Review 1257 (December, 2004) Law Review Articles and Other Secondary Sources   Introduction. 1257 I. Action and Remedy. 1259 II. Unjust Enrichment. 1261 III. Disgorgement. 1264 IV. Action and Remedy Again. 1265 V. Objections. 1268 VI. The Slavery Claims. 1271 2004 Most Relevant
  Federal Judge Stops Reparations-scam Tax Preparer DOJ 03-199 (3/31/2003) Administrative Decisions & Guidance     2003 Most Relevant
  Georgia Federal Court Acts to Stop "Slavery Reparations" Tax Scam DOJ 03-354 (6/16/2003) Administrative Decisions & Guidance     2003 Most Relevant
  Brief Amici Curiae of the National Coalition of Blacks for Reparations in America (N'cobra) and the National Conference of Black Lawyers (Ncbl) in Support of Respondents (2/14/2003) Briefs   Amicus National Coalition of Blacks for Reparations in America (N'COBRA) was founded in 1987 to work with individuals and other organizations to obtain reparations for the crimes against... 2003 Most Relevant
F. Michael Higginbotham A Dream Revived: the Rise of the Black Reparations Movement 58 New York University Annual Survey of American Law 447 (2003) Law Review Articles and Other Secondary Sources   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 Most Relevant
Emma Coleman Jordan A History Lesson: Reparations for What? 58 New York University Annual Survey of American Law 557 (2003) Law Review Articles and Other Secondary Sources   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 Most Relevant
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) Law Review Articles and Other Secondary Sources   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 Most Relevant
Albert Mosley Affirmative Action as a Form of Reparations 33 University of Memphis Law Review 353 (Winter, 2003) Law Review Articles and Other Secondary Sources   I. Introduction. 353 II. Affirmative Action and Its Role as Compensation for Past Racial Discrimination. 355 III. Conclusion. 363 2003 Most Relevant
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) Law Review Articles and Other Secondary Sources   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 Most Relevant
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) Law Review Articles and Other Secondary Sources   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 Most Relevant
Natsu Taylor Saito Beyond Reparations: Accommodating Wrongs or Honoring Resistance? 1 Hastings Race and Poverty Law Journal 27 (Fall, 2003) Law Review Articles and Other Secondary Sources   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 Most Relevant
Alfreda Robinson Corporate Social Responsibility and African American Reparations: Jubilee 55 Rutgers Law Review 309 (Winter 2003) Law Review Articles and Other Secondary Sources   But if there is not sufficient means to recover it,what was sold shall remain with the purchaser until the year of jubilee;in the jubilee it shall be released,and the property shall be returned. Leviticus 25:28 Summary. 311 I. Introduction. 312 II. Corporate Reparations Paradigm: Stretched to the Limit Stakeholder Theory of Corporate Social... 2003 Most Relevant
Christian Sundquist Critical Praxis, Spirit Healing, and Community Activism: Preserving a Subversive Dialogue on Reparations 58 New York University Annual Survey of American Law 659 (2003) Law Review Articles and Other Secondary Sources   Remembering the past has always been a difficult and painful endeavor for the Black community. The effects of over two hundred forty-five years of slavery, three hundred fifty years of government-sponsored racial discrimination, and three hundred eighty years of pervasive racism and economic oppression will do that to a people. The Black community... 2003 Most Relevant
Robert Westley Foreword: Bridging the Public/private Law Divide in African-american Reparations Discourse 55 Rutgers Law Review 301 (Winter 2003) Law Review Articles and Other Secondary Sources   Amid the ascendancy of the jurisprudence of backlash, the continuing assault on race conscious remedial programs, and the potential demise of affirmative action on the horizon, Black reparations discourse in recent years has reached levels of unprecedented productivity at a time when status based claims involving race have come under great attack.... 2003 Most Relevant
Adjoa A. Aiyetoro Formulating Reparations Litigation Through the Eyes of the Movement 58 New York University Annual Survey of American Law 457 (2003) Law Review Articles and Other Secondary Sources   Discussions are now being held throughout the world in academic, community and governmental organizations concerning reparations as a remedy for the enslavement of African peoples in the Americas and the continuing vestiges of chattel slavery. It has taken on a level of seriousness which surprises many, largely because the concept of reparations... 2003 Most Relevant
Burt Neuborne Holocaust Reparations Litigation: Lessons for the Slavery Reparations Movement 58 New York University Annual Survey of American Law 615 (2003) Law Review Articles and Other Secondary Sources   Over the past six years, a wave of litigation in American courts has played an important role in generating almost $8 billion for distribution to Holocaust victims. Current Holocaust-related efforts to seek relief in American courts began in 1996 with the filing of three actions in the Eastern District of New York seeking recovery of Holocaust-era... 2003 Most Relevant
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