Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

PDF

Civil Rights and Discrimination

Slavery

Faculty Publications

Articles 1 - 5 of 5

Full-Text Articles in Law

Reparations Litigation: What About Unjust Enrichment?, Margalynne J. Armstrong Jan 2002

Reparations Litigation: What About Unjust Enrichment?, Margalynne J. Armstrong

Faculty Publications

This Article examines the role of unjust enrichment in substantive and remedial restitution as one option available to the movement that seeks to secure reparations for the descendants of the millions who were enslaved, transported from the African continent, and dispersed throughout the Americas and Europe. The reparations movement also seeks fitting remedies for the continuing depredations imposed upon people of African descent in the years that have followed the abolition of slavery. The substantive and remedial law of restitution, particularly the concepts of unjust enrichment and the remedy of constructive trust, provide particularly apt vehicles for reparations claims.

After …


Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, Frances Howell Rudko Jan 2001

Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, Frances Howell Rudko

Faculty Publications

Marshall thought that the solution to emancipation and the end to slavery were to be nationally funded. He considered slavery a national problem, not a state problem, as most of his fellow Virginians insisted. In this he differed from most southerners who argued that slave matters were state matters and that the nation could involve itself in the institution of slavery only by strictly adhering to the role assigned to it by the Constitution under the three fifths clause and the fugitive slave clause.


An Essay On The Moral And Political Effect Of The Relation Between The Caucasian Master And The African Slave (Part Ii), N. Beverley Tucker Aug 1844

An Essay On The Moral And Political Effect Of The Relation Between The Caucasian Master And The African Slave (Part Ii), N. Beverley Tucker

Faculty Publications

No abstract provided.


An Essay On The Moral And Political Effect Of The Relation Between The Caucasian Master And The African Slave, N. Beverley Tucker Jun 1844

An Essay On The Moral And Political Effect Of The Relation Between The Caucasian Master And The African Slave, N. Beverley Tucker

Faculty Publications

No abstract provided.


Slavery: Review Of Slavery In The United States And The South Vindicated From The Treason And Fanaticism Of The Northern Abolitionists, N. Beverley Tucker Apr 1836

Slavery: Review Of Slavery In The United States And The South Vindicated From The Treason And Fanaticism Of The Northern Abolitionists, N. Beverley Tucker

Faculty Publications

No abstract provided.