The Lanier court’s doctrinal conservatism blocked property-based reparations
Evidence
The court rightfully disparaged Harvard’s mistreatment of Lanier, Renty, and Delia. And yet, by imprudently restricting itself to common law standards arising from fundamentally incompatible precedent, the court inhibited its ability to access the range of existing remedial interventions that would have made possible reparations in the form of granting property relationships or equitable interests to Lanier. — Tamara Lanier, From These Roots, 1338
Categorization
Category: Contrarian or Surprising Claims
- DEFINE: Defines the key legal move: reparations available as property relationships or equitable interests, which the court refused.