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Full-Text Articles in Law
American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez
American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez
Michigan Law Review
Much has been written recently on African American reparations and reparations movements worldwide, both in the popular press and scholarly publications. Indeed, the expanding volume of writing underscores the impact on the public psyche of movements for reparations for historic injustice. Some of that writing has highlighted the legal obstacles faced by proponents of reparations lawsuits, particularly a judicial system that focuses on individual (and not group-based) claims and tends to squeeze even major social controversies into the narrow litigative paradigm of a two-person auto collision (requiring proof of standing, duty, breach, causation, and direct injury). Other writings detail the …
Reparations In South Africa: A Cautionary Tale, Erin Daly
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 …