by John Huetteman

Created on: July 08, 2007   Last Updated: August 25, 2009

The restitution movement for slaves began some time ago, however, the movement was fueled after Congress passed the Civil Liberties Act of 1988 which provided reparations for the internment of thousands of Japanese Americans during World War II. Representative John Conyers of Michigan in response to the passage of said Act has introduced a bill to study the impact of slavery on

African Americans every year since 1988 which has failed to get out of committee. How could this be?

Perhaps America should not pay restitution to the descendants of slaves, however, restitution needs to be made for wrongful enrichment as it can vindicate the slaves autonomy interests. Past legality (even constitutionality) of slavery need not bar restitutionary claims for wrongful enslavement because legal transition rules at times impose some of the burden of moral progress on beneficiaries of past immorality (Dagan, 2004).

The Restitution Study Group (RSG) is an institute in New York that is also not for profit and is dedicated to slavery restitution research, education, and outreach. RSG looks to innovative approaches to securing justice for damages suffered by oppressed peoples. They believe that "restitution is a key to healing all Americans around this sensitive issue." In their mission, they have coordinated the filing of several class-action lawsuits against several companies including: Fleet Boston Financial Corporation, Aetna Inc., JP Morgan Chase Manhattan Bank, New York Life Insurance Co., Lehman Bros, AIG, and Brown Brothers Harriman for their participation in and enrichment from slavery. The lawsuits include causes of action for restitution as well as consumer protection. The cases were all eventually consolidated and many of the actions were dismissed at the District Court level. On appeal to the Seventh Circuit Court of Appeals, the consumer protection action prevailed and was remanded to the District Court for hearing although the all of the other actions were affirmed dismissed (Opinion and Order) . On the dismissed actions, the Restitution Study Group has filed a petition with the United States Supreme Court and no further news as to the outcome of that petition is available at this time.

"Nearly 250 years of slavery and a subsequent 100 years of Jim Crow have left indelible marks in all areas of the lives of people of African descent including deficits in: economic development, education, quality health care, affordable housing and home ownership, and employment opportunities." Because of this, the RSG proposes a Humanitarian Trust Fund (Fund) which would be funded by parties that participated in and were enriched from slavery. RSG believes that this Fund would address the capital needs of African Americans and foster a healing partnership between corporate America and communities of African descendants.

References:

Dagan, Hanoch, Restitution and Slavery (May 24, 2004). Available at SSRN: http://ssrn.com/abstract=556262 or DOI: 10.2139/ssrn.556262

Restitution Study Group. (n.d.). Retrieved 08 24, 2009, from Restitution Study Group: http://www.rsgincorp.com/

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