Comments on: WWII-era Mexican braceros settlement

By: Class Action Blogosphere Weekly Review « ClassActionBlawg.com

Class Action Blogosphere Weekly Review « ClassActionBlawg.com — Thu, 13 Nov 2008 06:15:56 +0000

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By: James

James — Mon, 10 Nov 2008 14:12:38 +0000

I assumed the tag was simply meant to suggest that this topic relates to reparations, not necessarily to define this settlement as reparations.

You can be sure that this settlement will be discussed in reparations circles, as this case has been an example in those circles for a long time.

By: Walter Olson

Walter Olson — Mon, 10 Nov 2008 04:05:38 +0000

You’re right, tags are loosely applied in some circumstances. In this case the combination of 1) being filed against a foreign sovereign entity in its pursuit of official policies, 2) overcoming serious laches/time-bar problems, and 3) general “exploitation” atmospherics is likely to ensure that this case gets referenced in the literature on reparations. Compare the claims over bank accounts, insurance policies, buildings and businesses lost in wartime or confiscated by bad regimes — not quite “reparations” when looked at closely, either, but often grouped together for convenience.

By: JTT

JTT — Mon, 10 Nov 2008 03:49:37 +0000

I’m not sure it’s fair to tag this as “reparations.” I realize that tags are loosely applied in some circumstances, but still, this seems to be a essentially a contract claim. It seems to me laches should have barred a recovery, but even so it still doesn’t seem to be reparations.