Reparations for Slavery: A Structure for Discussion and Consideration of US Litigation Alternatives

22 Windsor Y.B. Access Just.145 (2003)

UC Hastings Research Paper No. 378

13 Pages Posted: 6 Dec 2019

Date Written: 2003

Abstract

This discussion paper begins with commentary on the ideas of Posner and Vermeule. These authors focus on possible theories justifying reparations. They then examine limitations that the US Constitution might impose on any reparations plan. Finally, Posner and Vermeule consider some design alternatives regarding reparations schemes. The discussion paper then analyzes various issues with regard to courts in the United States recognizing claims for reparations. The paper suggests that claims for reparations, if properly structured, may have a measure of success in state courts.

Suggested Citation

Levine, David I., Reparations for Slavery: A Structure for Discussion and Consideration of US Litigation Alternatives (2003). 22 Windsor Y.B. Access Just.145 (2003), UC Hastings Research Paper No. 378, Available at SSRN: https://ssrn.com/abstract=3498578

David I. Levine (Contact Author)

UC Hastings Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States
415-565-4677 (Phone)

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