berlin at socrates.Berkeley.EDU:
> I don't have a legal background, but it seems to me that the legal case
> for basing reparations would be weaker because the individuals are dead,
> and then people who have a grandmother who was into genealogy as a hobby
> would be benefitted, while those who don't know would not qualify. And
> records on names of slaves were never particularly good. People's last
> names were changed all of the time.
If genealogy becomes worth $200,000 a head, there will be a mighty study of it. People could be considered the descendants of slaves through such of their ancestors as were known to be of African descent in, say, 1900; there were very few Africans of other origin in the U.S. at that time. In any case, the generalogies would be a matter of public legal process, not someoone's hobby.
> I think corporations shown to benefit should pay, but because genealogy
> probably couldn't be sorted out, the general fund idea seems like it would
> be best.
If you're talking about slavery, I don't know of any corporations which existed prior to the Civil War. The only enduring bodies seem to be the Federal and state governments.
In the case of a general fund, it will still be necessary to identify individuals who are going to be beneficiaries. If they are not identified by specific descent, then a great can of worms will be opened, to wit, the question of who is Black. Moreover, a general fund will be very susceptible to manipulation and theft. I can easily see billions, nay, trillions being siphoned off by bureaucrats, corporate apparatchiks, lawyers, politicians, "leaders", and the like, without even momentarily touching the hands of those for whom it was intended.
Another possibility would be equal distribution to some set of qualifying persons; but we would still have the problem of identifying the set of beneficiaries.
> However, has there ever been a class action suit based on people denied
> the right to vote in 1960? That should have some estimable cash
> value. Same with being denied access to a school or right to do
> business. It wasn't clear what value Rodney King having his civil rights
> violated should be, but he still won an award and they came up with a
> number.
But in this case we have thirty million plaintiffs, not one. Awards multiplied by such a number will inspire bitter parsimony.
> ...