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Reparations Debate

Related Names

Grant, Bernie (President) (Member of Parliament, dec.)

Release

n/a, © 2001-2003 (ARC Net)

Extent

81 pages (ca. 3.6 MiB) : 94 illustr.

Last Visit

Jul 7, 2003.

Notes

After the death of the president of ARM (UK), "the site is currently not being maintained." – Includes local search facility.

Language

English

Includes

• Gifford, Anthony: The Legal Basis of the Claim for Reparations
• Record of the debate initiated by Lord Gifford in the House of Lords of the British Parliament on 14th March 1996 concerning African reparations

Description

ARM calls for "reparations for the harm done to Africa and the African diaspora through enslavement, colonisation, and racism."

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Part of

Third World Law Journal / Boston College : Law School : Student Publications

Release

Boston, Mass., 2004

Extent

4 pages (ca. 70 KiB)

Last Visit

Jan 20, 2008.

Technical Notes

2008-01-20: Change site link from http://www.bc.edu/schools/law/lawreviews/thirdworld/

Notes

Boston College Third World Law Journal 24, no. 1 (2004): 31-44. – Contribution to the Boston College Third World Law Journal's Reparations Symposium (Mar 14, 2003). – Includes notes.

Language

English

Description

[Author's 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 compen-sation in important cases of uncorrected or uncompensated injustice, and a 'social welfare' model that seeks to change the distribution of wealth. Claims under the first category are far more consistent with tort doctrine and likely to meet their goals than social welfare-based claims." – The author is a professor of law at Boston University.

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Part of

Race, Racism and the Law. Speaking Truth to Power!! / Randall, Vernellia R. (web ed.)

Release

Dayton, Ohio, last update Feb 2004 (University of Dayton)

Extent

1 page (ca. 81 KiB)

Last Visit

Mar 29, 2004.

Language

English

Description

Bibliography of more than 50 titles organized in several sections, the largest of which is dedicated to the reparations issue. – Part of a web site examining the relations between law and racism. The maintainer of professor of law at the University of Dayton.

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Part of

Third World Law Journal / Boston College : Law School : Student Publications

Release

Boston, Mass., 2004

Extent

4 pages (ca. 170 KiB)

Last Visit

Jan 20, 2008.

Notes

Boston College Third World Law Journal 24, no. 1 (2004): 45-80. – Contribution to the Boston College Third World Law Journal's Reparations Symposium (Mar 14, 2003). – Includes notes.

Language

English

Description

[Author's 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 has alienated potential allies from the reparations movement. This Article examines and exposes the confrontation model's shortcomings, proposing as an alternative a 'conversational' model for reparations debate and advocacy. The conversational framework is not only a superior litigation strategy that more closely approximates traditional civil rights litigation, it also embraces the complexity of the current debate on race, premitting the nation to engage in a more inclusive discussion of the future of race in America." – The author is an assistant professor of law at Western New England College.

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Part of

Third World Law Journal / Boston College : Law School : Student Publications

Release

Boston, Mass., 2004

Extent

4 pages (ca. 55 KiB)

Last Visit

Jan 20, 2008.

Notes

Boston College Third World Law Journal 24, no. 1 (2004): 177-186. – Contribution to the Boston College Third World Law Journal's Reparations Symposium (Mar 14, 2003). – Includes notes.

Language

English

Description

[Author's 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. It sketches a national rectification project, comprising a comprehensive set of public programs that would attack the persisting legacy of slavery and Jim Crow. The programs can be justified by the government's duty to insure equal opportunity for our society's children and, most urgently, by corrective justice, because the inequities are attributable to the government's own policies."

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Part of

Third World Law Journal / Boston College : Law School : Student Publications

Release

Boston, Mass., 2004

Extent

4 pages (ca. 250 KiB)

Last Visit

Jan 20, 2008.

Notes

Boston College Third World Law Journal 24, no. 1 (2004): 81-138. – Contribution to the Boston College Third World Law Journal's Reparations Symposium (Mar 14, 2003). – Includes notes.

Language

English

Description

[Author's 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 identifying specific incidentssuch as lynchings and Jim Crow legislationthat might be appropriate subjects of litigation. The Article then assesses the viability of obtaining reparations through tort and unjust enrichment claims by addressing issues such as causation and damages, exploring the obstacles presented by American laws liberalism, and identifying the various goals of reparations advocates. Finally, the Article moves beyond litigation to contemplate the ability of tort law to serve as a vehicle for framing discussions about moral culpability. It concludes with an optimistic assessment of the role of tort law in the reparations movement." – The author is a professor of law at the University of Alabama.

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Part of

Third World Law Journal / Boston College : Law School : Student Publications

Release

Boston, Mass., 2004

Extent

4 pages (ca. 90 KiB)

Last Visit

Jan 20, 2008.

Notes

Boston College Third World Law Journal 24, no. 1 (2004): 159-176. – Contribution to the Boston College Third World Law Journal's Reparations Symposium (Mar 14, 2003). – Includes notes.

Language

English

Description

[Author's 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 barriers such as limitations statutes and laches; and constitutional problems such as standing and courts' strict scrutiny of racial classifications. In the political realm, the difficulty of identifying those who should pay and those who should receive reparations, and the impact of a successful reparations scheme on race relations in America, should counsel against the wisdom of reparations for slavery." – The author is a professor at the University of California, Hastings College of Law.

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Part of

Third World Law Journal / Boston College : Law School : Student Publications

Release

Boston, Mass., 2004

Extent

4 pages (ca. 70 KiB)

Last Visit

Jan 20, 2008.

Notes

Boston College Third World Law Journal 24, no. 1 (2004): 1-12. – Contribution to the Boston College Third World Law Journal's Reparations Symposium (Mar 14, 2003). – Includes notes.

Language

English

Description

[Author's 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 Tecumseh Sherman's 'Forty Acres and a Mule' field order in 1865 and moving through Reconstruction and Jim Crow. The Article next examines the connection between the crimes and injustices of slavery and the current plight of African Americans, arguing that monetary reparations are a viable solution and should be targeted toward Blacks who have failed to succeed economically. The author maintains, however, that the primary purpose of monetary reparations is spiritual rather than practical; America must make a tangible sacrifice in order to heal successfully the nation's deep wounds of shame, anger, and hurt from the legacy of slavery. The Article concludes with a call for the current generation to address America's unsettled and unreconciled history through reparations." – The author is a professor of law at Northeastern University.

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Part of

Third World Law Journal / Boston College : Law School : Student Publications

Release

Boston, Mass., 2004

Extent

4 pages (ca. 100 KiB)

Last Visit

Jan 20, 2008.

Notes

Boston College Third World Law Journal 24, no. 1 (2004): 139-156. – Contribution to the Boston College Third World Law Journal's Reparations Symposium (Mar 14, 2003). – Includes notes.

Language

English

Description

[Author's 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 wastes intellectual and monetary resources, unnecessarily resurrects painful memories, and creates racial division. It also takes note of contemporary reparations efforts in the courts, as well as the theories and bases for this litigation. The Article concludes that, given the continuing pervasiveness of race and race issues in modern America, reparations are a welcome and important opportunity for achieving civil rights goals." – The author is Associate Dean and Associate Director of the Litigation and Dispute Resolution Program at The George Washington University Law School.

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Part of

Third World Law Journal / Boston College : Law School : Student Publications

Release

Boston, Mass., 2004

Extent

4 pages (ca. 95 KiB)

Last Visit

Jan 20, 2008.

Notes

Boston College Third World Law Journal 24, no. 1 (2004): 13-30. – Contribution to the Boston College Third World Law Journal's Reparations Symposium (Mar 14, 2003). – Includes notes.

Language

English

Description

[Author's abstract:] "his 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 its goals. Reparations lawsuits - especially those framed as traditional civil rights claims, as in the ongoing litigation seeking reparations for the 1921 Tulsa Race Riot - can begin to promote the convergence of interests between reparationists and the reluctant majority population by forcing the majority population to confront past and present injustices against African Americans. The Article concludes that litigative reparations are a promising first step toward insuring justice for those who were sacrificed during slavery and Jim Crow oppression." – The author is a professor at Harvard Law School.

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