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60 S.M.U. L. Rev. 1419 (2007)
From Reparation to Restoration: Moving beyond Restoring Property Rights to Restoring Political and Economic Visbility

handle is hein.journals/smulr60 and id is 1435 raw text is: FROM REPARATION TO RESTORATION: MOVING BEYOND RESTORING PROPERTY RIGHTS TO RESTORING POLITICAL AND ECONOMIC VISIBILITY Bernadette Atuahene* TABLE OF CONTENTS I. INTRODUCTION ........................................ 1420 11. INV ISIBILITY ........................................... 1425 A. PROPERTY CONFISCATION CAN REMOVE INDIVIDUALS AND COMMUNITIES FROM THE SOCIAL CONTRACT AND RENDER THEM INVISIBLE ............................. 1425 B. WIDESPREAD PROPERTY INDUCED INVISIBILITY CAN LEAD TO INCREASED ENFORCEMENT COSTS AND POLITICAL AND ECONOMIC INSTABILITY ............... 1440 III. RESTORATION ......................................... 1444 A. THE IMPORTANCE AND LIMITS OF CHOICE ............ 1447 B. THE IMPORTANCE OF ASSET OWNERSHIP .............. 1450 IV. CASE STUDY: MOVING FROM REPARATION TO RESTORATION IN SOUTH AFRICA'S LAND RESTITUTION PROGRAM ............................. 1452 A. PROPERTY-INDUCED INVISIBILITY IN SOUTH AFRICA .. 1453 1. Historical Context of Property-Induced Invisibility . 1453 2. Consequences of Property-Induced Invisibility ..... 1454 * Assistant Professor, Chicago-Kent College of Law. J.D. 2002, Yale Law School; M.P.A. 2002, Harvard University, John F. Kennedy School of Government; B.A. 1997, University of California, Los Angeles. I would like to thank all conference participants who provided valuable feedback when I was invited to present this Article at the Ge- orgetown-Harvard Law School Conference on Economic and Social Inequality; American Bar Foundation Seminar Series; University of Indiana-Bloomington Faculty Speaker Se- ries; the Conference on Land, Memory, Reconstruction, and Justice: Perspective on Land Restitution in South Africa, held in Cape Town, South Africa; the Comparative Constitu- tionalism and Rights: Global Perspectives Conference, held in Durban, South Africa; the Mid-Atlantic People of Color Conference; the University of Witswaterstrand Law Faculty Seminar Series; Culture and Politics Conference at American University; the Semi-Annual Illinois-Kent Colloquium; the Chicago Junior Faculty Workshop; and the Chicago-Kent Faculty Workshop. A special thanks for the invaluable comments provided by my col- leagues in the Harambe Writer's Circle in South Africa, Charlton Copeland, Barrington Edwards, Joshua Guild, Shadrack Gutto, Ferentz Lafargue, Thomas Perriello, and Brenda Smith. Exceptional research and library assistance were provided by Michael Huston and Stephanie Crawford, respectively. I would also like to thank the administration at Chi- cago-Kent for funding my research trips to South Africa, where I was able to conduct interviews that provided great depth to this Article. 1419

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