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Reparations Theory and Practice Then and Now: Mau Mau Redress Litigation

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Title:Reparations Theory and Practice Then and Now: Mau Mau Redress Litigation
Authors:Yamamoto, Eric K.
Keywords:critical legalism
Reparations for historical injustices
Date Issued:2012
Publisher:18 UCLA Asian Pac. Am. L.J. 71
Citation:Eric K. Yamamoto; Susan K. Serrano, Reparations Theory and Practice Then and Now: Mau Mau Redress Litigation and the British High Court, 18 UCLA Asian Pac. Am. L.J. 71 (2012)
Abstract:The article casts light on Mari Matsuda's foundational theories on reparations by summarizing her critique of limited traditional legal views and then offering her expansive, yet grounded approach, to reparations as a "critical legalism" and her illumination of theory through the Japanese American internment redress and Native Hawaiian redress initiatives. As part of this description, we pay close attention to her anticipation of obstacles to reparations, many of which later played out on judicial and legislative battlefields. Section III depicts four evolving past-to-present generations of reparations theory and practice, with Matsuda's Looking to the Bottom article as the first generation's starting point.' Finally, Section IV identifies the present-day relevance of Matsuda's original insights and their impact on reparations theory and practice "at the cross-roads," particularly as fourth generation reparations theory evolves with a multidisciplinary emphasis on social healing through justice.' The authors take a look at the startling 2011 and 2012 reparations rulings by the High Court of England and Wales ("British High Court") and the viability of the Mau Mau people's group based reparations claim against the British government for atrocities in Kenya during colonial rule as "critical legalism."
Pages/Duration:32 pages
Appears in Collections: Serrano, Susan

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