The government, not claimants, should bear the burden of proof

Evidence

Given that context, my response is relatively straightforward: All self-identifying black people in America should be eligible. In other words, anyone who identifies as black qualifies. In terms of proving eligibility, I would follow the approach taken when Japanese Americans received reparations. In that instance, the Department of Justice, as part of the executive branch, provided a list of all those imprisoned during World War II. The federal government had the responsibility of qualifying those who were eligible. They locked each and every one of them up, so they were responsible for making the list of who their actions harmed. Of the total of 82,219 people eligible for payments, fewer than fifteen hundred were not found. The same could be true here. — Dorothy A. Brown, Getting to Reparations, 538

Categorization

• XREF: Inverts the burden-of-proof logic from Bernal/legal-brief reading of Milgrom: here the state that caused harm must compile the roster, like the judge who must know the traders’ histories. — connects to: The party carrying the burden of proof argues last to the jury — G. Alan Tarr, Judicial Process and Judicial…, 1400