Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2003 A History Lesson: Reparations for What? Emma Coleman Jordan Georgetown University Law Center,
[email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/102 58 N.Y.U. Ann. Surv. Am. L. 557-613 (2003) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Law and Society Commons, and the Litigation Commons GEORGETOWN LAW Faculty Publications January 2010 A History Lesson: Reparations for What? 58 N.Y.U. Ann. Surv. Am. L. 557-613 (2003) Emma Coleman Jordan Professor of Law Georgetown University Law Center
[email protected] This paper can be downloaded without charge from: Scholarly Commons: http://scholarship.law.georgetown.edu/facpub/102/ Posted with permission of the author A HISTORY LESSON: REPARATIONS FOR WHAT? EMMA COLEMAN jORDAN* A major difficulty facing the reparations-for-slavery movement is that to date the movement has focused its litigation strategies and its rhetorical effort upon the institution of slavery. While slavery is the root of modern racism, it suffers many defects as the center piece of a reparations litigation strategy. The most important diffi culty is temporal. Formal slavery ended in 1865. Thus, the time line of potentially reparable injury extends to well before the pe riod of any person now living. The temporal difficulty arises from the conventional expectations of civil litigation, which require a harmony of identity between the defendants and the plaintiffs.