Is Reparations A Possibility? @Black Panther Asks Legal Expert Ken Feinberg

[Black Panther]

DISCLAIMER: This is an actual correspondence I had this morning.

Trying to get on my @Rhakim steez with this thread. True story, brehs:

I was listening to Preet Bharara's podcast this morning ( :smugpreet: ) where he spoke with Ken Feinberg. Feinberg is a lawyer who served as "Special Master of victim compensation funds set up in the aftermath of the 9/11 attacks, the Virginia Tech shooting, the BP oil spill, and many other disasters that pose particular challenges for the courts," per the episode's description. Feinberg is an expert on tort law, especially as it applies to victims of tragic events.

I'd advise you to listen to the episode (and the show in general :smugpreet: ), but to summarize, part of their conversation dealt with calculating the cost of human life in cases like the Boston marathon bombing or 9/11, and he mentioned that putting a dollar value on human life "isn't rocket science".

Being a Coli-minded breh, y'all can assume what immediately came to mind. :mjthanoslit:

I decided to look up some more info on Feinberg, and found his email address. Since it's a slow day at work, I decided to email him.

Good Morning Mr. Feinberg,

I recently finished your podcast interview with Preet Bharara, and I enjoyed the discussion you two had. You discussing your work with the September 11th Victim Compensation Fund and other cases that required mediation got me thinking about a lot of things. In particular, you comments about calculating the cost of human life not being “rocket science” got me thinking how tort law would relate to other instances that may require remediation, should a case ever be brought for them.

Before I begin my questions, I feel I should state that I am a private citizen, asking on my own behalf. I do not now, nor have I ever, worked on the behalf of any political party, think tank, political action committee, or similar organization, either for pay or as a volunteer. I am also not a reporter, journalist, pundit, or political commentator.

My questions relate to the idea of reparations for the descendants of African slaves and victims of Jim Crow laws in the United States. If such an act were enacted by Congress to remediate descendants of African slaves/victims of Jim Crow legislation, would tort law apply in this instance/these instances? If applicable, how would the government determine who the recipients of reparations are (and who gets left out)? How would the cost of injury be calculated, and what amount would such a fund require that seems equitable? Lastly, what are your personal thoughts about reparations, and what would need to happen to enact such a program in the United States?

I know this is a very politically-charged issue—and also that you’re a very busy individual--so I understand if you don’t have time or interest in replying to this email. Either way, thank you very much for your time and consideration, and I would love to hear any thoughts or insight you might have about this. Also, if you have any resources I can look into for more information, that would be very helpful.


Sincerely,


--[Black Panther]

Hey, he's a person like you and me. The worst that could happen is that he doesn't respond.:kanyebp:

...

...

...

 

[Black Panther]

Dude responded quickly.

Mr. [Panther],


I thank you for your thoughtful email and inquiries. You have obviously given this a fair amount of thought. I’m glad to respond as best I can:

1. I think it highly unlikely that policymakers could devise a workable reparations program for the descendants of African slaves and victims of Jim Crow. Who would be eligible? How would compensation be determined? I believe these fundamental issues would prevent any type of statutory compensation program.
2. In any event, tort law would not be the formula for determining such compensation. There would have to be some other formula or mechanism for compensating E.g. A flat amount for all eligible Claimants.
3. Your email implies a basic problem with the very idea of slavery reparations. It would cause a firestorm among those deemed ineligible, and promote a huge amount of divisiveness in our nation. In addition, there probably is not enough money in the US Treasury to encompass sufficient compensation for all those deemed eligible.
4. In sum, I see so many challenges with the very idea of reparations for slavery, that I doubt it would see the light of day here in the United States.

Thanks again for your thoughtful email, and I hope my answers prove useful in your evaluation of the idea.


Ken

I was actually surprised.

But not satisfied. :bppatrice: I decided to reply to his email.

Mr. Feinberg,

Thank you for your prompt and thoughtful response.

Is it possible if I could ask a few brief follow-up questions to your responses?

1. In regards to determining eligibility for such a program, my thought would be to use the basis of the laws applicable to slaves or subjects of Jim Crow legislation at the time, since they would be the injured party. To put it another way, those laws, in my mind, would define who qualified as a slave, and who was subject to Jim Crow legislation. To determine who would get what today, would be a matter of providing documented evidence of familial relation to any known slaves documented in the US. Does this seem viable?
   
   (Note: I’m aware that this idea would still be controversial, as slave records are incomplete at best, or at worst have been deliberately obscured or omitted. In a perfect world, I’d argue that it’s up to the government to determine who qualifies, and it’s not the responsibility of the claimants to have to prove family relation via government documents the US government itself failed to issue.)
   
   
2. Hypothetically, would it be possible for an individual to sue the United States government for damages for the above reasons? (This is definitely a pie-in-the-sky question, but it is an interesting legal exercise, I think. That being said, I’m no legal expert.)

Again, thank you for correspondence. Your insight has been very helpful.

--[Black Panther]

 

[Black Panther]

Unfortunately (but not unexpectedly), his subsequent reply was shorter and much more terse.

[Black Panther],

I respond as follows:

1. You are being much too reasonable. Your approach is not viable, e.g. Records destroyed, lost, unavailable etc. It would create emotional divisiveness.
2. I have no idea whether a suit against the United States would be possible, but I doubt it.

Hope this helps.

Ken

Oh well. :kanyebp:

Doesn't change how I feel about reparations (they're necessary and we should keep fighting for them), but I was thankful for his insight.

Mr. Feinberg,

Understood. Thank you again for your time and correspondence, I really appreciate it.

--[Black Panther]

...But I'm still not satisfied. Is there another legal expert on torts who could give me more insight? Especially one who specializes in race-related tort issues? :bppatrice:

 

[Black Panther]

There is!

Professor James R. Hackney is the Dean and Professor of Law at the Northeastern University School of Law in Boston, Massachusetts.

I read an excerpt of Prof. Hackney's article on reparations:

The Mass Tort Analogy and African American Reparations

...So I was curious to hear his opinion. For some reason, I feel like he'll come to a different conclusion than Feinberg. :bppatrice:

Spoiler: Not sure why...

I'll let y'all know if he responds. I turned read receipts on for the email, so I know he at least opened it. :kanyebp:

To be continued...:bpohh:

 

[☑︎#VoteDemocrat]

he was on Preet's podcast this week...

 

[☑︎#VoteDemocrat]

Basically he went with the "white people wouldn't feel happy about it"

@Black Panther

I listened to the podcast this morning. I'm not entirely surprised. He gave the same answers as someone who isn't taking it seriously.

 

[Black Panther]

he was on Preet's podcast this week...

Read the first post. :bpgucci:

 

[Secure Da Bag]

Mr. Feinberg sounds as if he wants no part of the potential shytstorm (due to people whining and bytching) that is Reparations. But at least he answered.

 

[Black Panther]

Basically he went with the "white people wouldn't feel happy about it"

@Black Panther

I listened to the podcast this morning. I'm not entirely surprised. He gave the same answers as someone who isn't taking it seriously.

Pretty much. The question of who is eligible isn't that hard to answer; the problem is that the correct answer makes people uncomfortable.

It really shouldn't be incumbent on descendants of chattel slavery in America to prove they are eligible; I threw him a bone with the "provid[e] documented evidence of familial relation to any known slaves in the US" comment. :kanyebp:

 

[☑︎#VoteDemocrat]

Pretty much. The question of who is eligible isn't that hard to answer; the problem is that the correct answer makes people uncomfortable.

It really shouldn't be incumbent on descendants of chattel slavery in America to prove they are eligible; I threw him a bone with the "provid[e] documented evidence of familial relation to any known slaves in the US" comment. :kanyebp:

when i hear his #1 answer, i know that person doesnt want to do it

 

[Secure Da Bag]

Pretty much. The question of who is eligible isn't that hard to answer; the problem is that the correct answer makes people uncomfortable.

It really shouldn't be incumbent on descendants of chattel slavery in America to prove they are eligible; I threw him a bone with the "provid[e] documented evidence of familial relation to any known slaves in the US" comment. :kanyebp:

How does the gov't prove someone is not eligible? I'm #islandgang. I could sign up for reparations and get it, if I don't have to prove anything.

 

[Cel 510 kid ados forever]

How does the gov't prove someone is not eligible? I'm #islandgang. I could sign up for reparations and get it, if I don't have to prove anything.

U cant get reparations unless u had a ancestor who was enslaved in this country sl and they social security and records to prove it only ados blacks have that

No african or carribean can get reparations.

Carribeans only had 1 percent population here before 1960.

 

[Secure Da Bag]

U cant get reparations unless u had a ancestor who goes back to slavery and they social security and records to prove it.

No african or carribean can get reparations.

Carribeans only had 1 percent population here before 1960.

I know this already, breh.

I'm responding to @Black Panther 's comment about AAs not needing to provide information/proof of ancestry.

 

[Cel 510 kid ados forever]

I know this already, breh.

I'm responding to @Black Panther 's comment about AAs not needing to provide information/proof of ancestry.

Oh ok my bad

 

[MasterOfAllHeSurveyz]