Holocaust reparations litigation: lessons for the slavery reparations movement

Article Abstract:

Holocaust restitution claims have succeeded by showing how wealth was unjustly transferred from victims to institutions and individuals and arguing for the return of that wealth. The case of slavery is more difficult because the stolen wealth has been disseminated over time and is no longer easily traceable. Political solutions, such as social programs, may be the best form of restitution realistically available to those who have inherited the harms of slavery.

Restitution and indemnification claims, 1933-, Restitution and indemnification claims (1933- )

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Reparations, unjust enrichment, and the importance of knowing the difference between the two

Article Abstract:

The problem with treating restitution for slavery as an unjust enrichment claim in equity is that it is difficult to account for the "property" that was stolen and to trace it back to those who took it. Many property holders would be innocent, a defense in equity. In reality, slavery restitution claims are driven by concerns about human rights, not stolen labor.

Equity (Law)

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Formulating reparations litigation throught the eyes of the movement

Article Abstract:

Although bills that look toward reparations for African American slavery continue to be introduced in Congress, the movement must also engage in litigation. This process may be hindered by questions of standing, sovereign immunity, and the statute of limitations. However, these problems can be overcome.

Strategy & planning, International Affairs, Human Rights, Planning, Standing (Law), Company business planning, Litigation, Lawsuit/litigation, License lawsuit, Actions and defences, Sovereign immunity

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