Document Type
Article
Publication Date
2005
Publication Title
Washington and Lee Race and Ethnic Ancestry Law Journal
Abstract
This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by defining the theory of micro-reparations and providing the historical foundation which serves as the factual predicate to the claim that black Indians have for reparation. This part of the article establishes how the rule of hypo-descent or the "one drop rule" has served historically and presently to exclude black Indians from tribal membership. Parts I and IV of the article outline the legal and political strategies that could be utilized in an effort to obtain justice for black Indians. Part V of the article acknowledges the problems with a purely legal approach to achieving reparations for black Indians, and seeks to proffer an interdisciplinary approach to achieving reparation that would preserve the tribal right of self-determination and sovereign immunity.
Volume
11
First Page
61
Recommended Citation
Carla D. Pratt, Tribes and Tribulations: Beyond Sovereign Immunity and toward Reparation and Reconciliation for the Estelusti, 11 Wash. & Lee Race & Ethnic Anc. L. J. 61 (2005).
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Civil Rights and Discrimination Commons, Indigenous, Indian, and Aboriginal Law Commons, Law and Race Commons