Reparations for Slavery: A Structure for Discussion and Consideration of US Litigation Alternatives
22 Windsor Y.B. Access Just.145 (2003)
13 Pages Posted: 6 Dec 2019
Date Written: 2003
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: Suggested Citation