Article

2006-12-14 Home Front Economy

7th U.S. Circuit Court of Appeals tells reparation claimants to go bugger off

Archived material is restricted to Rantburg regulars and members. If you need access email fred.pruitt=at=gmail.com with your nick to be added to the members list. There is no charge to join Rantburg as a member.

Posted by Anonymoose 2006-12-14 08:27|| || Front Page|| [2 views since 2007-05-07] Top

#1 I want reparations for my people's time in Egypt.

Posted by Mark E. 2006-12-14 09:15|| 2006-12-14 09:15|| Front Page Top

#2 I want reparations for getting tossed out of Eden. And a pony.

Posted by Seafarious">Seafarious 2006-12-14 09:20|| 2006-12-14 09:20|| Front Page Top

#3 I want compensation for my Irish and Indian ancestors getting screwed over by the US!
/sarcasm

Fortunately, there is still some sanity left in the US court system.

Posted by DarthVader">DarthVader 2006-12-14 09:38|| 2006-12-14 09:38|| Front Page Top

#4 The panel also said the descendants lacked standing to sue because their links to the slaves were distant.

No, judge they lack "standing" because they are not slaves themselves. Doesn't matter how "distant" the links, you can not sue if you're not affected directly yourself.

I'm sure exJAG and other attorneys here can explain this better, but Lawyering101 teaches you all about "standing". It's the VERY first thing I learned when I came aboard my job. Basically, "standing" means you have to have been PERSONALLY affected in order to sue. In plain English it means, you have to be a party to the action in question, AND you have to sue the correct person/company for whom is responsible for that action.

IOW, even the son/daughter of a slave could NOT sue for reparations, but ONLY the slaves themselves. And, since none of them are still alive, this is all moot. Of course, the same was the case w/ Michael Newdow (suing on behalf of his daughter over "under God" in the Pledge, when he didn't have custody of her). Knowing this case, I assume "Standing" would allow a parent to sue on behalf of a minor too.

Finally, what's with adding Bank of America? They didn't exist (at least not the same bank in it's current form) back in slavery days. Was some company/bank they bought out recently tied to slavery? The other two companies have a longer history, so I assume they might be tied to slavery, but again, the legal theory of "standing" disallows ANY forms of reparations now.

Posted by BA 2006-12-14 10:30|| 2006-12-14 10:30|| Front Page Top

#5 Of course, that won't stop them or some activist judges from pursuing this non-starter.

Posted by BA 2006-12-14 10:33|| 2006-12-14 10:33|| Front Page Top

#6 Richard Posner is one of the nation's leading legal scholars (U. Chicago), and everything a judge should be. In a sane world, I wouldn't necessarily define him as a conservative. But by respecting the Constitution, promoting free markets and the rule of law, and recognizing the limits of judicial power, he's a conservative by default. It's unfortunate that this is true of anyone who isn't a vicious radical or mentally ill, but there ya go.

Posner also writes prolifically for the lay audience, and I strongly recommend any of his books. His latest is Not a Suicide Pact: The Constitution in a Time of National Emergency, which is at the top of my must-read list.

Posted by exJAG 2006-12-14 10:35|| 2006-12-14 10:35|| Front Page Top

#7 Imagine if this case had been heard in the 8th CIRCUS Court (SanFran).
/snark

Posted by 3dc 2006-12-14 11:05|| 2006-12-14 11:05|| Front Page Top

#8 I'm suing God for my male pattern baldness.

Posted by mcsegeek1 2006-12-14 11:47|| 2006-12-14 11:47|| Front Page Top

#9 Every ethnicity has had its evil members and has been ill-treated at some time. And I don't doubt that there were some murders at Babel.

Posted by Korora">Korora 2006-12-14 12:13|| 2006-12-14 12:13|| Front Page Top

#10 #7 3dc - that'd be the 9th Circus, honey.

Posted by Barbara Skolaut">Barbara Skolaut 2006-12-14 12:43|| http://ariellestjohndesigns.com/page/15bk1/Home_Page.html]">[http://ariellestjohndesigns.com/page/15bk1/Home_Page.html] 2006-12-14 12:43|| Front Page Top

#11 I want reparations for my family members that fought and died in the Civil war.

Piss head sue crats.

Posted by Icerigger 2006-12-14 12:54|| 2006-12-14 12:54|| Front Page Top

#12 But by respecting the Constitution, promoting free markets and the rule of law, and recognizing the limits of judicial power, he's a conservative by default. It's unfortunate that this is true of anyone who isn't a vicious radical or mentally ill, but there ya go.

Some deft phrasing with a finnessed backhand swipe there, exJAG.

Perish the thought that these black plantiffs would ever go all the way back to the source and identify the Islamic slave traders who so often rounded up their African antecedants for sale and transport to the new world. Such a mental exercise might require them to further understand that Islam continues to have a hand in the slaughter of blacks, be they Muslim or not, to this very day.

Posted by Zenster">Zenster 2006-12-14 15:44|| 2006-12-14 15:44|| Front Page Top

#13 There's an interesting question here. What about children of Holocaust victims suing for 1) insurance money, 2) confiscated houses and factories, or 3) looted artwork? I am not sure where the dividing line really is. In 20 years or so, the last survivor will have died. Given how companies have stonewalled in the past; they might end up keeping their immoral gains.

Any thoughtful ideas?

Posted by Eric Jablow">Eric Jablow 2006-12-14 16:34|| 2006-12-14 16:34|| Front Page Top

#14 "What about children of Holocaust victims suing for 1) insurance money, 2) confiscated houses and factories, or 3) looted artwork?"

These are thefts and money due and owing to the actual survivor's families. Insurance money is paid to surviving family members. Property confiscated from a father, and then killing the father doesnt' eliminate the estate's claims, and therefore the child's claims for the stolen property. Otherwize, steal with impunity, but just be sure to kill the real owner so as to extimguish the claims to the property. These damages are not speculative and have a real dollar or property figure, while slavery reparations as such are purely speculative.

IIRC, holocaust survivors aren't suing for compensation for physical wrongs done to themselves or their ancestors, e.g. civil rights suits; but are suing for their directly stolen property, some of which still exists in perfect condition, and now owned by the very organizations that stole them and concealed the theft.

Artwork too has very specific legal provisions for recovering lost and stolen pieces.

Posted by Mark E. 2006-12-14 17:04|| 2006-12-14 17:04|| Front Page Top

#15 How about this ...

If I have to pay for what happened many generations ago, then simply put, those receiving the payment today must be slaves today.

Now, never would condone slavery and it is a horrid thing, but if I do the time, I must of done the crime and therefore I'd be owed some slaves from the reparation pool.

At least it is a discussion point, 'you gunna make me pay, then you gunna work, get on with cleaning the house'

Posted by bombay">bombay 2006-12-14 17:34|| 2006-12-14 17:34|| Front Page Top

#16 So, where are the forms for this Rape-a-Nations gig? I wanna get in on the action. This life has worked a hardship on me-n-mine.

Posted by Alaska Paul">Alaska Paul 2006-12-14 21:08|| 2006-12-14 21:08|| Front Page Top

#17 Does this mean Jesse's kids gotta give back the Bud distributorship?

Posted by tu3031 2006-12-14 21:10|| 2006-12-14 21:10|| Front Page Top

23:58 Sock Puppet of Doom
23:46 trailing wife
23:33 Zenster
23:30 Zenster
23:25 RD
23:10 Zenster
22:59 Zenster
22:58 JosephMendiola
22:49 Frank G
22:43 Frank G
22:29 Alaska Paul
22:28 JosephMendiola
22:26 Chuck Simmins
22:15 BA
22:15 Zenster
22:11 Zenster
22:09 Jackal
22:08 Lanny Ddub
22:05 Jackal
22:01 BA
21:58 Mike N.
21:57 .com
21:55 Frank G
21:55 SteveS