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Causation And Attenuation In The Slavery Reparations Debate, Kaimipono D. Wenger
Causation And Attenuation In The Slavery Reparations Debate, Kaimipono D. Wenger
ExpressO
Recent discussions of reparations have noted the difficulty reparations advocates have in showing causation. Criticisms of reparations have focused on the attenuated nature of the harm, suggesting that modern claimants are not connected to slaves, that modern payers are not connected to slave owners, and that modern disadvantages cannot be connected to slavery.
This Article examines attenuation concerns and finds that they come in three related but distinct varieties: Victim attenuation, wrongdoer attenuation, and act attenuation. These three components, defined in this Article, show themselves in a number of interrelated legal and moral arguments. They have important strategic consequences, and …
The Effects Of Jury Ignorance About Damage Caps: The Case Of The 1991 Civil Rights Act, Rebecca Hollander-Blumoff, Matthew T. Bodie
The Effects Of Jury Ignorance About Damage Caps: The Case Of The 1991 Civil Rights Act, Rebecca Hollander-Blumoff, Matthew T. Bodie
ExpressO
No abstract provided.