About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

84 B.U. L. Rev. 1209 (2004)
Slavery and Tort Law

handle is hein.journals/bulr84 and id is 1221 raw text is: SLAVERY AND TORT LAW
KEITH N. HYLTON*
IN TRODU CTION  .............................................................................................  1209
I.  TORTS  OF  SLAVERY  ........................................................................... 1213
1I.  D ERIVATIVE  CLAIM S  ......................................................................... 1237
A.   Tort Law  and  Derivative  Claims ............................................... 1238
B. Reparations as a Derivative Claim ........................................... 1240
C.   The  Normative  Question ............................................................ 1248
III.  THE  ACCOUNTING   CLAIM  ................................................................ 1251
C ON CLU SION  .................................................................................................  1254
INTRODUCTION
On March 26, 2002, a class action complaint seeking reparations for slavery
was filed in the federal district court for the Eastern District of New York
under the name Farmer-Paellman v. FleetBoston.1 The complaint named as
Professor of Law and Paul J. Liacos Scholar, Boston University, knhylton@bu.edu. I
thank Jack Beermann, Alfred Brophy, Ron Cass, Hanoch Dagan, Adrienne Davis, David
Lyons, Allan Macurdy, Rusty Park, Tony Sebok, and Ken Simons for helpful discussions
and/or written comments. I also thank fellow conference participants - Richard Epstein,
Jim Hackney, Dennis Klimchuk, Andrew Kull, Saul Levmore, Kyle Logue, Emily Sherwin
- for insightful comments made in the course of the meeting that either led me to correct
mistakes in my thinking or avoid additional ones. I take responsibility for errors that remain
in this paper.
I Of course, I am referring to slavery in the American South, before its abolition in 1865.
The complaint alleged counts of conspiracy, human rights violations, conversion, and unjust
enrichment. See Complaint and Jury Trial Demand, Farmer-Paellman v. FleetBoston Fin.
Corp., No. 02-CV- 1862 (E.D.N.Y. filed March 26, 2002) [hereinafter Complaint], available
at http://news.findlaw.com/hdocs/docs/slavery/fpllmnflt032602cmp.pdf (accessed Oct. 11,
2004). The complaint was later consolidated with other cases and dismissed in In re
African-American Slave Descendants Litigation, 304 F. Supp. 2d 1027 (N.D. I11. 2004), on
the grounds that the plaintiffs lacked standing, the case presented a non-justicable political
question, and the claims were barred by the statute of limitations. The plaintiffs filed an
amended complaint on April 5, 2004. See Second Consolidated and Amended Complaint
and Jury Demand, In re African-Am. Slave Descendants Litig., MDL No. 1491 (N.D. I11.
filed Apr. 5, 2004) [hereinafter Amended Complaint] (alleging thirteen counts including
conspiracy, conversion, unjust enrichment, replevin, federal civil rights violations,
intentional infliction of emotional distress, negligent infliction of emotional distress and
violations of several state statutes governing continued intentional misrepresentation).
1209

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most