Extracting slavery reparations from private interests: Laches and other such equitable defenses

Charles E. Rounds, Jr.

See generally Charles E. Rounds, Jr. Proponents of Extracting Slavery Reparations from Private Interests Must Contend with Equity’s Maxims, 42 Toledo Law Rev. 673 (2011). A link to the article accompanies this posting. While the article does not get into slavery-reparation claims against the sovereign, it is likely that overcoming the statutory obstacles to eligibility for taxpayer-funded slavery reparations would prove as daunting as overcoming the equitable obstacles to a judicial finding of liability has proved to be for those endeavoring to extract slavery reparations from private interests. While Congress does not answer to equity, it would likely have no choice but to apply, whether consciously or unconsciously, longstanding equitable principles when sorting out who on policy grounds should be eligible for taxpayer-funded slavery reparations and who should not be eligible, so much time having elapsed since slavery was abolished

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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