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Achieving the Impossible Dream
HOW JAPANESE AMERICANS OBTAINED REDRESS
Mitchell T. Maki, Harry H. L. Kitano, and S. Megan Berthold; Foreword by Robert T. Matsui
University of Illinois Press, 1999
Nearly fifty years after being incarcerated by their own government, Japanese American concentration camp survivors succeeded in obtaining redress for the personal humiliation, family dislocation, and economic ruin caused by their ordeal. An inspiring story of wrongs made right as well as a practical guide to getting legislation through Congress, Achieving the Impossible Dream tells the compelling story of how members of a politically inexperienced minority group organized themselves at the grassroots level, gathered political support, and succeeded in obtaining a written apology from the president of the United States and monetary compensation in accordance with the provisions of the 1988 Civil Liberties Act.
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The Holocaust, Corporations, and the Law
Unfinished Business
Leora Bilsky
University of Michigan Press, 2017
The Holocaust, Corporations, and the Law explores the challenge posed by the Holocaust to legal and political thought by examining issues raised by the restitution class action suits brought against Swiss banks and German corporations before American federal courts in the 1990s. Although the suits were settled for unprecedented amounts of money, the defendants did not formally assume any legal responsibility. Thus, the lawsuits were bitterly criticized by lawyers for betraying justice and by historians for distorting history.

Leora Bilsky argues class action litigation and settlement offer a mode of accountability well suited to addressing the bureaucratic nature of business involvement in atrocities. Prior to these lawsuits, legal treatment of the Holocaust was dominated by criminal law and its individualistic assumptions, consistently failing to relate to the structural aspects of Nazi crimes. Engaging critically with contemporary debates about corporate responsibility for human rights violations and assumptions about “law,” she argues for the need to design processes that make multinational corporations accountable, and examines the implications for transitional justice, the relationship between law and history, and for community and representation in a post-national world. Her novel interpretation of the restitution lawsuits not only adds an important dimension to the study of Holocaust trials, but also makes an innovative contribution to broader and pressing contemporary legal and political debates. In an era when corporations are ever more powerful and international, Bilsky’s arguments will attract attention beyond those interested in the Holocaust and its long shadow.
 
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Landscape with Smokestacks
The Case of the Allegedly Plundered Degas
Howard J. Treinens
Northwestern University Press, 2000
The dispute over Edgar Degas’s Landscape with Smokestacks was featured in newspapers and on television. But because the suit was settled before trial, the story behind the headlines was never publicly presented. Howard J. Trienens, a lawyer for the defendant collector, traces the landscape’s travels from its prewar home to its current location in the Art Institute of Chicago, laying out the mystery surrounding the work and demonstrating the legal complexities that plague Holocaust restitution cases, yet are seldom examined in depth by the media.
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Less than Slaves
Benjamin B. Ferencz
Harvard University Press, 1979

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The Price of Racial Reconciliation
Ronald W. Walters
University of Michigan Press, 2008

“In The Price of Racial Reconciliation, Ronald Walters offers an abundance of riches. This book provides an extraordinarily comprehensive and persuasive set of arguments for reparations, and will be the lens through which meaningful opportunities for reconciliation are viewed in the future. If this book does not lead to the success of the reparations movement, nothing will.”

—Charles J. Ogletree, Jesse Climenko Professor of Law, Harvard Law School

“The Price of Racial Reconciliation is a seminal study of comparative histories and race(ism) in the formation of state structures that prefigure(d) socioeconomic positions of Black peoples in South Africa and the United States. The scholarship is meticulous in brilliantly constructed analysis of the politics of memory, reparations as an immutable principle of justice, imperative for nonracial(ist) democracy, and a regime of racial reconciliation.”

—James Turner, Professor of African and African American Studies and Founder, Africana Studies and Research Center, Cornell University

“A fascinating and pathbreaking analysis of the attempt at racial reconciliation in South Africa which asks if that model is relevant to the contemporary American racial dilemma. An engaging multidisciplinary approach relevant to philosophy, sociology, history, and political science.”

—William Strickland, Associate Professor of Political Science, W.E.B. Du Bois Department of Afro-American Studies, University of Massachusetts Amherst

The issue of reparations in America provokes a lot of interest, but the public debate usually occurs at the level of historical accounting: “Who owes what for slavery?” This book attempts to get past that question to address racial restitution within the framework of larger societal interests. For example, the answer to the “why reparations?” question is more than the moral of payment for an injustice done in the past. Ronald Walters suggests that, insofar as the impact of slavery is still very much with us today and has been reinforced by forms of postslavery oppression, the objective of racial harmony will be disrupted unless it is recognized with the solemnity and amelioration it deserves. The author concludes that the grand narrative of black oppression in the United States—which contains the past and present summary of the black experience—prevents racial reconciliation as long as some substantial form of racial restitution is not seriously considered. This is “the price” of reconciliation.

The method for achieving this finding is grounded in comparative politics, where the analyses of institutions and political behaviors are standard approaches. The author presents the conceptual difficulties involved in the project of racial reconciliation by comparing South African Truth and Reconciliation and the demand for reparations in the United States.

Ronald Walters is Distinguished Leadership Scholar and Director, African American Leadership Program and Professor of Government and Politics, University of Maryland.

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Pride, Not Prejudice
National Identity as a Pacifying Force in East Asia
Eunbin Chung
University of Michigan Press, 2022

As shown by China’s relationship to Japan, and Japan’s relationship to South Korea, even growing regional economic interdependencies are not enough to overcome bitter memories grounded in earlier wars, invasions, and periods of colonial domination. Although efforts to ease historical animosity have been made, few have proven to be successful in Northeast Asia. In previous research scholars anticipated an improvement in relations through thick economic interdependence or increased societal contact. In economic terms, however, Japan and China already trade heavily: Japan has emerged as China’s largest trading partner and China as second largest to Japan. Societal contact is already intense, as millions of Chinese, Koreans, and Japanese visit one another’s countries annually as students, tourists, and on business trips. But these developments have not alleviated international distrust and negative perception, or resolved disagreement on what constitutes “adequate reparation” regarding the countries’ painful history.

Noticing clashes of strong nationalisms around the world in areas like Northeast Asia, numerous studies have suggested that more peaceful relations are likely only if countries submerge or paper over existing national identities by promoting universalism. Pride, Not Prejudice argues, to the contrary, that affirmation of national identities may be a more effective way to build international cooperation. If each national population reflects on the values of their national identity, trust and positive perception can increase between countries. This idea is consistent with the theoretical foundation that those who have a clear, secure, and content sense of self, in turn, can be more open, evenhanded, and less defensive toward others. In addition, this reduced defensiveness also enhances guilt admission by past “inflictors” of conflict and colonialism. Eunbin Chung borrows the social psychological theory of self-affirmation and applies it to an international context to argue that affirmation of a national identity, or reflecting on what it means to be part of one’s country, can increase trust, guilt recognition, and positive perception between countries.

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Reconstructing Europe after the Great War
Dan P. Silverman
Harvard University Press, 1982

This is the story of how the economists, bankers, and politicians of Britain, France, and the United States approached the financial crisis of 1918–1923 after the most devastating of wars. It captures the emotional demands for rapid recovery and reconstruction of Europe as well as the machinations of countries already jousting for economic advantage in peace. It’s also a timely book because the West today faces similar problems with little more in the way of theory or tools for repair than after World War I, and with an evident loss of historical memory.

Dan Silverman places the reparations issue in proper perspective as only one of many complex problems. He demonstrates that the war produced a crisis in financial and monetary theory as well as in fact. Theory proved inadequate to the requirements of balancing budgets, liquidating massive debts, halting inflation, and stabilizing foreign exchange. In fact, the English and Americans imposed their economic orthodoxy on their less fortunate French ally and their former German adversary.

One of the more remarkable results of Silverman’s research is the reversal of the old view that France responded to its allies’ economic demands with intransigence, ignorance, and incompetence. Instead, Silverman depicts France as legitimately pursuing its own national self-interest, fighting Anglo-American hegemony, and defending itself as a debtor nation against the creditors who were its “allies.”

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Redress for Historical Injustices in the United States
On Reparations for Slavery, Jim Crow, and Their Legacies
Michael T. Martin and Marilyn Yaquinto, eds.
Duke University Press, 2007
An exceptional resource, this comprehensive reader brings together primary and secondary documents related to efforts to redress historical wrongs against African Americans. These varied efforts are often grouped together under the rubric “reparations movement,” and they are united in their goal of “repairing” the injustices that have followed from the long history of slavery and Jim Crow. Yet, as this collection reveals, there is a broad range of opinions as to the form that repair might take. Some advocates of redress call for apologies; others for official acknowledgment of wrongdoing; and still others for more tangible reparations: monetary compensation, government investment in disenfranchised communities, the restitution of lost property and rights, and repatriation.

Written by activists and scholars of law, political science, African American studies, philosophy, economics, and history, the twenty-six essays include both previously published articles and pieces written specifically for this volume. Essays theorize the historical and legal bases of claims for redress; examine the history, strengths, and limitations of the reparations movement; and explore its relation to human rights and social justice movements in the United States and abroad. Other essays evaluate the movement’s primary strategies: legislation, litigation, and mobilization. While all of the contributors support the campaign for redress in one way or another, some of them engage with arguments against reparations.

Among the fifty-three primary documents included in the volume are federal, state, and municipal acts and resolutions; declarations and statements from organizations including the Black Panther Party and the NAACP; legal briefs and opinions; and findings and directives related to the provision of redress, from the Oklahoma Commission to Study the Tulsa Race Riot of 1921 to the mandate for the Greensboro Truth and Reconciliation Commission. Redress for Historical Injustices in the United States is a thorough assessment of the past, present, and future of the modern reparations movement.

Contributors. Richard F. America, Sam Anderson, Martha Biondi, Boris L. Bittker, James Bolner, Roy L. Brooks, Michael K. Brown, Robert S. Browne, Martin Carnoy, Chiquita Collins, J. Angelo Corlett, Elliott Currie, William A. Darity, Jr., Adrienne Davis, Michael C. Dawson, Troy Duster, Dania Frank, Robert Fullinwider, Charles P. Henry, Gerald C. Horne, Robert Johnson, Jr., Robin D. G. Kelley, Jeffrey R. Kerr-Ritchie, Theodore Kornweibel, Jr., David Lyons, Michael T. Martin, Douglas S. Massey , Muntu Matsimela , C. J. Munford, Yusuf Nuruddin, Charles J. Ogletree Jr., Melvin L. Oliver, David B. Oppenheimer, Rovana Popoff, Thomas M. Shapiro, Marjorie M. Shultz, Alan Singer, David Wellman, David R. Williams, Eric K. Yamamoto, Marilyn Yaquinto

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Relocating Authority
Japanese Americans Writing to Redress Mass Incarceration
Mira Shimabukuro
University Press of Colorado, 2015

Relocating Authority examines the ways Japanese Americans have continually used writing to respond to the circumstances of their community’s mass imprisonment during World War II. Using both Nikkei cultural frameworks and community-specific history for methodological inspiration and guidance, Mira Shimabukuro shows how writing was used privately and publicly to individually survive and collectively resist the conditions of incarceration.

Examining a wide range of diverse texts and literacy practices such as diary entries, note-taking, manifestos, and multiple drafts of single documents, Relocating Authority draws upon community archives, visual histories, and Asian American history and theory to reveal the ways writing has served as a critical tool for incarcerees and their descendants. Incarcerees not only used writing to redress the “internment” in the moment but also created pieces of text that enabled and inspired further redress long after the camps had closed.

Relocating Authority highlights literacy’s enduring potential to participate in social change and assist an imprisoned people in relocating authority away from their captors and back to their community and themselves. It will be of great interest to students and scholars of ethnic and Asian American rhetorics, American studies, and anyone interested in the relationship between literacy and social justice.

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Reparations and Reparatory Justice
Past, Present, and Future
Edited by Sundiata Keita Cha-Jua, Mary Frances Berry, and V. P. Franklin
University of Illinois Press, 2024
Changes at the global, federal, state, and municipal level are pushing forward the reparations movement for people of African descent. The distinguished editors of this volume have gathered works that chronicle the historical movement for reparations both in the United States and around the world.

Sharing a focus on reparations as an issue of justice, the contributors provide a historical primer of the movement; introduce the philosophical, political, economic, legal and ethical issues surrounding reparations; explain why government, corporations, universities, and other institutions must take steps to rehabilitate, compensate, and commemorate African Americans; call for the restoration of Black people’s human and civil rights and material and psychological well-being; lay out specific ideas about how reparations can and should be paid; and advance cutting-edge interpretations of the complex long-lasting effects that enslavement, police and vigilante actions, economic discrimination, and other behaviors have had on people of African descent.

Groundbreaking and innovative, Reparations and Reparatory Justice offers a multifaceted resource to anyone wishing to explore a defining moral issue of our time.

Contributors: Dedrick Asante-Muhammad, Hilary McDonald Beckles, Mary Frances Berry, Sundiata Keita Cha-Jua, Chuck Collins, Ron Daniels, V. P. Franklin, Danny Glover, Adom Gretachew, Charles Henry, Kamm Howard, Earl Ofari Hutchinson, Jesse Jackson, Sr., Brian Jones, Sheila Jackson Lee, James B. Stewart, the Movement 4 Black Lives, the National African American Reparations Commission, the National Coalition of Blacks for Reparations in America, the New Afrikan Peoples Organization/Malcolm X Grassroots Movement

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Safehaven
The Allied Pursuit of Nazi Assets Abroad
Martin Lorenz-Meyer
University of Missouri Press, 2007

As Germany faced inevitable defeat in World War II, the Allies became concerned that the Nazis would attempt to hide their assets in neutral countries—Switzerland, Sweden, Portugal, Spain, and Turkey—in order to revive their cause in later years. To address this danger, the United States, along with Britain and France as reluctant partners, started the “Safehaven” program to probe questions of secret foreign bank accounts, the German wartime gold trade, and the actions of German companies abroad toward the end of the Nazi regime. Initiated by the Federal Economic Administration, Safehaven was soon integrated with U.S. plans, advocated by Treasury Secretary Henry Morgenthau, to avert future German aggression. These proposals quickly fell out of favor, but the Morgenthau Plan’s suggestion to use all German assets as reparations remained attractive.

            In this first detailed historical study of Safehaven in English, Martin Lorenz-Meyer focuses on policies of the Allies, revealing their disagreements about the program and addressing the historical roots of a problem that over decades the Cold War had successfully buried. Lorenz-Meyer shows how American administrative agencies were constantly at odds regarding Safehaven’s administration and how coordination of the program was further complicated by different assumptions held by the United States and Britain regarding its aims. Using Sweden as an example, he offers an investigation of the effects of Safehaven in the neutral countries, drawing comparisons with experiences of the program in Switzerland. His research discloses the sums involved and the neutral countries’ positions and also explores the complications posed by international law for any plan to expropriate German assets.

            Over time, the neutral countries objected to uncompensated confiscations for a war in which they had not participated, and the United States gradually lost interest in infringing on German wealth because Germany was needed as a new ally. Lorenz-Meyer tells how Safehaven suffered from the discontinuation of wartime controls in a renewed climate of free trade. He also contends that the very problem that necessitated the program raised questions regarding the true neutrality of the countries involved.

            Safehaven is a significant addition to the history of Third Reich and international relations, notably concerning American foreign policy. As America continues to face foreign-policy dilemmas regarding trade with enemies and issues of neutrality, Safehaven offers an illuminating case history that sheds new light on current affairs.

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Some Measure of Justice
The Holocaust Era Restitution Campaign of the 1990s
Michael R. Marrus; Foreword by William A. Schabas
University of Wisconsin Press, 2009
Can there ever be justice for the Holocaust? During the 1990s—triggered by lawsuits in the United States against Swiss banks, German corporations, insurance companies, and owners of valuable works of art—claimants and their lawyers sought to rectify terrible wrongs committed more than a half century earlier. Some Measure of Justice explores this most recent wave of justice-seeking for the Holocaust: what it has been, why it emerged when it did, how it fits with earlier reparation to the Jewish people, its significance for the historical representation of the Holocaust, and its implications for justice-seeking in our time.
    Writings on the subject of Holocaust reparations have largely come from participants, lawyers, philosophers, journalists, and social scientists specializing in restitution. In Some Measure of Justice Michael Marrus takes up the issue as a historian deeply involved with legal issues. He engages with larger questions about historical understanding and historical interpretation as they enter the legal arena. Ultimately this book asks, What constitutes justice for a great historic wrong? And, Is such justice possible?
 
 
Winner, Helen and Stan Vine Canadian Jewish Book Award for Holocaust Literature
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