Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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[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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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Federal Judge Stops Reparations-scam Tax Preparer |
DOJ 03-199 (3/31/2003) |
Administrative Decisions & Guidance |
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2003 |
Most Relevant |
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Georgia Federal Court Acts to Stop "Slavery Reparations" Tax Scam |
DOJ 03-354 (6/16/2003) |
Administrative Decisions & Guidance |
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2003 |
Most Relevant |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |