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Some conceptual and legal problems in reparations for slavery

Article Abstract:

When conceptualizing reparations for African American slavery, there are several legal issues that must be dealt with. Among these are the connection between slavery and the difficulties faced by African Americans today, and constitutional issues having to do with Congress's power to grant remedies. A successful reparations movement must supply answers to these questions.

Author: Brophy, Alfred L.
Publisher: Oceana Publications, Inc.
Publication Name: New York University Annual Survey of American Law
Subject: Law
ISSN: 0066-4413
Year: 2003
Other Justice, Public Order, and Safety Activities, Constitutional Procedures, Interpretation and construction, Constitutional law, Constitutional interpretation, Powers and duties, United States. Congress, Unjust enrichment

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A history lesson: reparations for what?

Article Abstract:

Slavery as a subject of restitution to African Americans has several difficulties relating to its remoteness in time. Lynching, however, has been a much more recent phenomenon and would be a more promising focus for the reparations movement. This would serve the purpose of restoring lynching to American memory, from where it has almost disappeared.

Author: Jordan, Emma Coleman
Publisher: Oceana Publications, Inc.
Publication Name: New York University Annual Survey of American Law
Subject: Law
ISSN: 0066-4413
Year: 2003
History, Restitution, Lynching, Racial violence

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Rehabilitative reparations for the judicial process

Article Abstract:

One of the most important forms of restitution for slavery would be the internalization of African American values in the judicial process. Judges must use critical process in judicial reasoning. This is a model of reasoning that emphasizes outsider values and examines both conscious and unconscious bias in the law.

Author: Brooks, Roy L.
Publisher: Oceana Publications, Inc.
Publication Name: New York University Annual Survey of American Law
Subject: Law
ISSN: 0066-4413
Year: 2003
Justice, Public Order, and Safety Activities, Public affairs, Judicial & Police Procedures, Social aspects, Beliefs, opinions and attitudes, Judicial process, Discrimination in justice administration, Justice discrimination

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Subjects list: Laws, regulations and rules, Remedies, Government regulation, African Americans, Slavery, Slavery reparations
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