Friday, September 21, 2018

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Upcoming Webinar

Dying While Black:
Why Reparations is the Only Cure for the Black Health Deficit!

September 25, 6:00 p.m.   
Free - Registration Required: http://bit.ly/2wO4dhl 

TABLE OF CONTENTS
INTRODUCTIONARGUMENT
I. PLAINTIFFS LACK STANDING TO MAINTAIN THIS ACTION
A. The Plaintiffs Who Allege They Are Descendants of Enslaved African-Americans Fail To Satisfy the Requirements of Article III
1. The Amended Complaint fails to demonstrate any “distinct and palpable” injury to these plaintiffs
2. The Amended Complaint fails to allege any injury “fairly traceable” to these defendants
B. Prudential Limitations Also Prevent Adjudication of the Claims of the Alleged Descendants of Enslaved African-Americans
C. Plaintiffs Lack Third-Party Standing To Sue for Injuries to Their Ancestors
D. The New Plaintiffs Who Allege They Were Formerly Enslaved Do Not Have Standing To Sue These Defendants

II. THE STATUTES OF LIMITATIONS BAR PLAINTIFFS' CLAIMS
A. All of Plaintiffs' Claims Are Barred by the Statutes of Limitations
B. Equitable Tolling, the Discovery Rule, and the Continuing Violation Doctrine Do Not Revive
1. The equitable tolling doctrine does not revive plaintiffs' claims
2. The discovery rule does not revive plaintiffs' claims
3. The continuing violation doctrine does not revive plaintiffs' claims

III. PLAINTIFFS' CLAIMS ARE BARRED BY THE POLITICAL QUESTION DOCTRINE
A. Plaintiffs' Claims Are Barred Because There Is a Demonstrable Constitutional and Historical Commitment of the Reparations Issue to the Executive and Legislative Branches
1. Efforts at the Civil War's outset to punish rebels and to induce defections from the Confederacy
2. Later wartime efforts to address Freedmen refugee problems
3. Post-war amnesties to secure a lasting peace
4. The later enactment of civil rights legislation in lieu of reparations
5.Later reparations efforts by the political branches
B. Plaintiffs' Claims Cannot Be Resolved Pursuant to Any Judicially Discoverable and Manageable Standards
C. The Adjudication of Plaintiffs' Claims Would Also Necessarily Implicate the Remaining Baker Factors

IV. PLAINTIFFS' ALLEGATIONS DO NOT SUPPORT ANY CAUSE OF ACTION
A. Plaintiffs Cannot Use Present-Day Law To Impose Retroactive Liability for Alleged Conduct Dating Back Centuries
B. Plaintiffs Fail To State a Claim Even Under Present-Day Law
1. Plaintiffs' accounting claim fails as a matter of law
2. Plaintiffs' crime against humanity claim fails as a matter of law
a. No private right of action under international law
b. Plaintiffs' international law claim fails under the Supremacy Clause
c. Separately, no claim under international law can be stated
3. Plaintiffs' piracy claim fails as a matter of law
4. Plaintiffs' claim for intentional infliction of emotional distress fails as a matter of law
5. Plaintiffs' conversion claim fails as a matter of law
6. Plaintiffs' unjust enrichment claim fails as a matter of law
7. Plaintiffs' claim under 42 U.S.C. § 1982 fails as a matter of law
8. Plaintiffs' claim under the Alien Tort Statute fails as a matter of law
9. Plaintiffs have not pled a claim under any of the state statutes they invoke
a. The statutes cannot be applied retroactively
b. No violation of any of the statutes is pleaded
10. The California plaintiffs' unfair competition (Section 17200) claim fails as a matter of law
11. Plaintiffs' conspiracy claim and other third-party liability allegations fail as a matter of law
a. The conspiracy count fails to state a claim
b. Plaintiffs' other allegations of third-party liability fail to create such liability

CONCLUSION

TABLE OF AUTHORITIES (Omitted)

 

 

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