Today, the debate over reparations--whether African-Americans should be compensated for decades of racial subjugation--stands as the most racially divisive issue in American politics. In this short, definitive work, Alfred L. Brophy, an expert on racial violence, regards the debate over reparations from the 1700s to the present, examining the arguments on both sides of the current debate. Taking us inside litigation and legislatures past and present, examining failed and successful lawsuits, and reparations actions by legislatures, newspapers, schools, and businesses, including apologies and truth commissions, this book offers a valuable historical and legal perspective for reparations advocates and critics alike.

During his career at Harvard, Morton Horwitz changed the questions legal historians ask. "The Transformation of American Law, 1780 1860" (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. "The Transformation of American Law, 1870 1960" (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our country s crises.

In this book, Horwitz s students re-examine legal history from America s colonial era to the late twentieth century. They ask classic Horwitzian questions, of how legal doctrine, thought, and practice are shaped by the interests of the powerful, as well as by the ideas of lawyers, politicians, and others. The essays address current questions in legal history, from colonial legal practice to questions of empire, civil rights, and constitutionalism in a democracy. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.

The 1921 Tulsa Race Riot was the country's bloodiest civil disturbance of the century. Leaving perhaps 150 dead, 30 city blocks burned to the ground, and more than a thousand families homeless, the riot represented an unprecedented breakdown of the rule of law. It reduced the prosperous black community of Greenwood, Oklahoma, to rubble. In Reconstructing the Dreamland, Alfred Brophy draws on his own extensive research into contemporary accounts and court documents to chronicle this devastating riot, showing how and why the rule of law quickly eroded. Brophy offers a gut-wrenching portrait of mob violence and racism run amok, both on the night of the riot and the morning after, when a coordinated sunrise attack, accompanied by airplanes, stormed through Greenwood, torching and looting the community. Equally important, he shows how the city government and police not only permitted the looting, shootings, and burning of Greenwood, but actively participated in it. The police department, fearing that Greenwood was erupting into a "negro uprising" (which Brophy shows was not the case), deputized white citizens haphazardly, gave out guns and badges with little background check, or sent men to hardware stores to arm themselves. Likewise, the Tulsa-based units of the National Guard acted unconstitutionally, arresting every black resident they could find, leaving Greenwood property vulnerable to the white mob, special deputies, and police that followed behind and burned it. Brophy's revelations and stark narrative of the events of 1921 bring to life an incidence of racial violence that until recently lay mostly forgotten. Reconstructing the Dreamland concludes with a discussion of reparations for victims of the riot. That case has implications for other reparations movements, including reparations for slavery.

Today, the debate over reparations--whether African-Americans should be compensated for decades of racial subjugation--stands as the most racially divisive issue in American politics. In this short, definitive work, Alfred L. Brophy, a leading expert on racial violence, traces the reparations issue from the 1820s to the present in order to assess the arguments on both sides of the current debate. Taking us inside litigation and legislatures past and present; examining failed and successful lawsuits; and exploring reparations actions by legislatures, newspapers, schools, businesses, and truth commissions, this book offers a valuable historical and legal perspective for reparations advocates and critics alike.
"A book about reparations and its contentious qualities that is a must-read for all. If you want to know the essence of the debate, this book is for you."
--Charles K. Ogletree, Jr., Harvard Law School

Over the course of his career at Harvard, Morton Horwitz changed the questions legal historians ask. "The Transformation of American Law, 1780 1860" (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. "The Transformation of American Law, 1870 1960" (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our country s crises. In more recent years he has written extensively on the legal realists and the Warren Court.

Following an earlier "festschrift" volume by his former students, this volume includes essays by Horwitz colleagues at Harvard and those from across the academy, as well as his students. These essays assess specific themes in Horwitz work, from the antebellum era to the Warren Court, from jurisprudence to the influence of economics on judicial doctrine. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.

Alfred L. Brophy's University, Court, and Slave reveals long-forgotten connections between pre-Civil War southern universities and slavery. Universities and their faculty owned people - sometimes dozens of people - and profited from their labor while many were physically abused on their campuses. Education was often paid for through the profits of enslaved labor. University faculty - and students - also promoted the institution of slavery. They wrote about the history of slavery, its central role in the southern economy, and developed a political theory that justified keeping some people in slavery. The university faculty spoke a common language of economic utility, history, and philosophy with those who made the laws for the southern states. That extensive writing promoting slavery helps us understand how southern politicians and judges thought about slavery. As antislavery rhetoric gained momentum, southern academics and their allies in the courts became bolder in their claims. Some went so far as to say that slavery was supported by natural law. The combination of economic reasoning and historical precedent helped shape a southern, proslavery jurisprudence. Following Lincoln's November 1860 election southern academics joined politicians, judges, lawyers, and other leaders to argue that their economy and society was threatened. Southern jurisprudence led them to believe that any threats to slavery and property justified secession. In some cases, academics took their case to the southern public and, in one case, to the battlefield, to defend slavery.