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Forty Acres and a Lawsuit: Legal Claims for Reparations
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Forty Acres and a Lawsuit: Legal Claims for Reparations
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Forty Acres and a Lawsuit: Legal Claims for Reparations
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Book Chapter
Forty Acres and a Lawsuit: Legal Claims for Reparations
2017
Overview
Abstract
Purpose
This chapter sets out a descriptive account of the various legal claims for reparations, including the theories involved and the history of reparations lawsuits. It describes the major reparations cases, the arguments used in these cases, and the court decisions. It also discusses the evolution of legal theories for reparations as well as other attempts to secure compensation.
Methodology/approach
I examine the case law and the significant court rulings, as well as the discussion within secondary literature regarding these legal claims. I also examine other reparations advocacy approaches, including H.R. 40 and official apologies.
Findings
Reparations lawsuits have been brought against both government and private defendants, employing both tort and unjust enrichment theories. However, these suits have failed due to a variety of legal hurdles, including statutes of limitations, standing, and causation. The failure of reparations lawsuits illustrates the limitations of the legal system in addressing mass harms.
Originality/value
This chapter summarizes in relatively brief and generalist-accessible form the history and current status of legal claims for reparations.
Publisher
Emerald Publishing Limited
Subject
ISBN
9781787146044, 1787146049
