Vol. 92, Issue 3

Dignity Takings and Dignity Restoration

Bernadette Atuahene
IIT Chicago-Kent College of Law

Table of Contents
Live Symposium


Symposium Preface, Editor’s Note
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 713 (2018)

Dignity Takings, Dignity Restoration: A Tort Law Perspective
Valerie P. Hans, Cornell Law School
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 715 (2018)
Abstract: Dehumanization is an important element of legal theorizing about property confiscation by state or governmental authorities that result dignity takings. Psychologists have theorized about dehumanization for decades, yet have only been able to subject the topic to empirical examination over the last 15 years or so. Continue—>

Dignity Takings and Dehumanization: A Social Neuroscience Perspective
Lasana T. Harris, University College London
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 725 (2018)

Dignity Takings in the Criminal Law of Seventeenth-Century England and the Massachusetts Bay Colony
John Felipe Acevedo, University of La Verne, College of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 743 (2018)
Abstract: When does a punishment for crime cross from being a legitimate goal of the state to a dignity taking? From the Norman Conquest until the middle of the eighteenth-century, the Common Law provided that in addition to execution, the property of convicted felons or traitors was forfeited to the crown and their blood corrupted so that their heirs could not inherit. Continue—>

Dignity Restoration and the Chicago Police Torture Reparations Ordinance 
Andrew S. Baer, University of Alabama at Birmingham
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 769 (2018)
Abstract: A recent municipal ordinance giving reparations to survivors of police torture in Chicago represents an unprecedented effort by a city government to repair damage wrought by decades of police violence. Between 1972 and 1991, white detectives under Commander Jon Burge tortured confessions from over 118 black criminal suspects on the city’s South and West Sides. Continue—>

Dignity Takings in Gangland’s Suburban Frontier
Lua Kamál Yuille, University of Kansas School of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 793 (2018)
Abstract: This paper engages the evolving dignity takings framework, first developed by Bernadette Atuahene, in the context of contemporary American street gangs (e.g. Crips, Bloods, Latin Kings, etc.). Continue—>

No Place to Call Home: The Iraqi Kurds under the Ba’ath, Saddam Hussein, and ISIS
Craig Douglas Albert, Ph.D, Augusta University
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 817 (2018)
Abstract: The Kurds are the world’s largest ethnonational group without their own state. They have often been the target of ethnic strife and discrimination. Even within their semi autonomous territory, Iraqi Kurds have faced humiliation and oppression. Continue—>

Access Denied—Using Procedure to Restrict Tort Litigation: The Israeli-Palestinian Experience
Gilat J. Bachar, Stanford Law School
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 841 (2018)
Abstract: Procedural barriers which limit individuals’ ability to bring lawsuits—like conditioning litigation upon the provision of a bond—are a subtle way to reduce the volume of tort litigation. The use of such procedural doctrines often spares legislatures from the need to debate the substance of legal rights, especially when those rights are politically controversial. Continue—>

Dignity Takings and Dignity Restoration: A Case Study of the Colombian Land Restitution Program
Diana Esther Guzmán-Rodríguez, National University of Colombia
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 871 (2018)
Abstract: Over the past 50 years, Colombia has experienced intense socio-political violence associated with its internal armed conflict. As a result of this violence, long and complicated processes of land dispossession have taken place throughout the country, and more than seven million people have internally displaced. Continue—>

Unconscionable: Tax Delinquency Sales as a Form of Dignity Taking
Andrew W. Kahrl, University of Virginia
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 905 (2018)

Dignity Takings and “Trailer Trash”: The Case of Mobile Home Park Mass Evictions
Esther Sullivan, University of Colorado Denver
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 937 (2017)
Abstract: Mobile homes are a primary source of shelter for America’s poor and working classes. A large share of the nation’s mobile home stock is found in mobile home parks where residents own their homes but lease the land under their homes from private landlords. Continue—>

Fucking With Dignity: Public Sex, Queer Intimate Kinship, and How the AIDS Epidemic Bathhouse Closures Constituted a Dignity Taking
Stephen M. Engel, Bates College
Timothy S. Lyle, Iona College
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 961 (2018)
Abstract: In the name of public health, authorities in San Francisco and New York City pursued the closure of gay bathhouses in 1984 and 1985, respectively. We challenge the dominant historical narrative that justified these closings, and through that challenge, we argue that these closures constituted a dignity-taking against gay and queer-identified men. Continue—>

Sound Recordings and Dignity Takings: Reflections on the Racialization of Migrants in Contemporary Italy
Gianpaolo Chiriacò, University of Salento
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 991 (2018)
Abstract: In the field of ethnomusicology, it is possible to consider musical collaborations—such as traditional fieldwork or joint musical projects between artists of different background—as spaces where different individuals and subjectivities share their own artistic practices and products, as well as the musical cultures of which they are representative or bearers. Such collaborations raise an array of methodological questions with implications to social justice and power relations. Continue—>

Urban Renewal and Sacramento’s Lost Japantown
Thomas W. Joo, UC Davis School of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 1005 (2018)

The State Giveth and Taketh Away: Race, Class, and Urban Hospital Closings
Shaun Ossei-Owusu, Columbia Law School
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 1037 (2018)
Abstract: This essay uses concepts from Bernadette Atuahene’s book We Want What’s Ours: Learning from South Africa’s Land Restitution Program to examine the trend of urban hospital closings. It does so by focusing specifically on the history of Martin Luther King, Jr. Community Hospital, a charitable hospital in South Los Angeles, California that emerged after the Watts riots in 1965. Continue—>

Beyond Trademark: The Washington Redskins Case and the Search for Dignity
Victoria F. Phillips, American University Washington College of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 1061 (2018)
Abstract: In her pioneering book, We Want What’s Ours: Learning from South Africa’s Land Restitution Program, Professor Bernadette Atuahene employs a detailed ethnographic study of South Africa’s land restitution program to develop the concept of a dignity taking. This article extends the application of Atuahene’s theory to the taking of intangible property arguing that the misappropriation of cultural identity and imagery for use as a federal trademark can also constitute a dignity taking in certain cases. Continue—>

Creating the Urban Educational Desert through School Closures and Dignity Taking
Matthew Patrick Shaw, Vanderbilt Peabody College
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 1087 (2018)
Abstract: Closures of urban open-enrollment neighborhood schools that primarily serve students of color are intensely controversial. Districts seeking to economize often justify closures by pointing to population shifts in historically densely populated urban areas. Continue—>

Dignity Takings in Communist Poland: Collectivization and Slave Soldiers
Ewa Kozerska, Opole University
Piotr Stec, Opole University
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 1115 (2018)
Abstract: Poland’s history in the 20th century could be as well script of a movie. A country that had lost its independence in the 18th century regained it in 1918 only to fall pray to Nazi Germany twenty years later. After World War 2 Poland was under Communist rule that ended in 1989 with the fall of the Iron Curtain. Continue—>

Dignity Contradictions: Reconstruction as Restoration
Taja-Nia Y. Henderson, Rutgers Law School
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 1135 (2018)

Damaged Bodies, Damaged Lives: Immigrant Worker Injuries as Dignity Takings
Rachel Nadas, Legal Aid Justice Center
Jayesh Rathod, American University Washington College of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 1155 (2018)
Abstract: Government data consistently affirm that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. Continue—>

Dignity and Discrimination: Employment Civil Rights in the Workplace and in Courts
Laura Beth Nielsen, Northwestern University
Ellen C. Berrey, University of Toronto
Robert L. NelsonNorthwestern University
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 1185 (2018)
Abstract: Employment civil rights and the litigation associated with enforcing them are a complex interplay of public and private employers, regulatory agencies, and federal courts. When an employee loses a job or their position in an employing organizations, the financial effects are very real. Continue—>

Dignity Takings and Wage Theft
César F. Rosado Marzán, IIT Chicago-Kent College of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 1203 (2018)


Student Notes & Comments

Class Dismissed: Compelling a Look at Jurisprudence Surrounding Class Arbitration and Proposing Solutions to Asymmetric Bargaining Power between Parties
Matthew R. HamielecIIT Chicago-Kent College of Law
92 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 1227 (2018)
Abstract: Class actions and arbitrations have has existed since the United States’ inception. Since the mid-twentieth century, both Congress and the U.S. Supreme Court have helped arbitration blossom from litigation’s overshadowed alternative to a prominent means of resolving disputes. Continue—>