THE DRED SCOTT CASE: HISTORICAL AND CONTEMPORARY PERSPECTIVES, Christopher Bracey, David Konig, and Paul Finkelman, eds., Ohio State University Press, 2010
27 Pages Posted: 4 Jul 2007 Last revised: 17 Dec 2009
"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.
Keywords: legal history, dred scott, reparations, slavery, truth commission
Suggested Citation: 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: https://ssrn.com/abstract=997900