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Equality And The Forms Of Justice, Susan Sturm

University of Miami Law Review

No abstract provided.

Case Study Of A Justice: "Courageous" Plessy Dissenter John Marshall Harlan And His African-American "Half Brother," Robert James Harlan Of Ohio, Arthur R. Landever

Law Faculty Presentations and Testimony

Justice Harlan had been a slave-owner; he had opposed the Emancipation Proclamation; he had initially opposed the passage of the 13th Amendment and apparently the 14th; as an Associate Justice, he remained a racist, taking pride in being a member of the white race. Nonetheless, he was the most committed civil rights justice until the period of the 1940s or 1950s. What explains his votes and opinions? Can we know? Does it matter whether we know or not?

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Reparations In South Africa: A Cautionary Tale, Erin Daly

Erin Daly

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. However, the aspect of the TRC's reparations plan that has proved most problematic is the recommendation for monetary payments to "victims" of gross human rights abuses. Although emphasizing the importance of reparations to the victims, the TRC failed to ensure that reparations would be paid. Like the victims’ movements in South Africa, the American movement for reparations for victims and descendants of slavery should a range of monetary as well as non-monetary forms …