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Considering Reparations for the Dred Scott Case


Alfred L. Brophy


University of North Carolina (UNC) at Chapel Hill - School of Law


THE DRED SCOTT CASE: HISTORICAL AND CONTEMPORARY PERSPECTIVES, Christopher Bracey, David Konig, and Paul Finkelman, eds., Ohio State University Press, 2010
U of Alabama Public Law Research Paper No. 997900

Abstract:     
"Considering Reparations for the Dred Scott Case," which was prepared for a volume reassessing Dred Scott on its 150th anniversary, asks how the case might fit into discussion of reparations for slavery. Is some reparative action advisable for that case standing by itself? Or might Dred Scott be used as part of a larger discussion? The essay begins with a brief assessment of where the movement for reparations for slavery is right now; then it turns to the case and asks what the Supreme Court's culpability might be and what, if any, harm the opinion causes today. The paper then turns to what reparations models might fit Dred Scott today, including a truth commission, apology, or reconstructed doctrine surrounding the Reconstruction Amendments.

Number of Pages in PDF File: 27

Keywords: legal history, dred scott, reparations, slavery, truth commission

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Date posted: July 4, 2007 ; Last revised: December 17, 2009

Suggested Citation

Brophy, Alfred L., Considering Reparations for the Dred Scott Case. THE DRED SCOTT CASE: HISTORICAL AND CONTEMPORARY PERSPECTIVES, Christopher Bracey, David Konig, and Paul Finkelman, eds., Ohio State University Press, 2010; U of Alabama Public Law Research Paper No. 997900. Available at SSRN: http://ssrn.com/abstract=997900

Contact Information

Alfred L. Brophy (Contact Author)
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
919-962-4128 (Phone)

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