buddy28 said:
is unclear, governing morality will prevail.
The corporations deserve to pay a fuck load. Why not?? Because the people who made the decision to enslave blacks are dead?? Well guess what. Your government indirectly condened the use of corporate slavery by not intervening when they had the chance. Despite the sincerity and princibles which inspried the drawing of the Declaration, the lives sacrificed in the American Revolution to confirm the documents legality were eventually made trivial by the corrupt aspirations of the succeeding government.
Theoretically, you are correct about many of your assertions. Corporations are a perpetual entity that survive the lives of its shareholders, and corporations like individuals can be sued. i.e. Arther Anderson is now being criminally indicted. Thus, it would seem that corporations should legally be obligated to pay for any of its abuses towards its shareholders or the public in general.
However, as I mentioned before the problem is legally it will be very difficult to prevail on this particular type of claim. I would think that the Statute of Limitations would certainly be a problem. Moreover, the injured parties are dead, and how would their lineal descendents from over 150 years later show harm? A challenging task for any attorney. The law ordinarily frowns on broad injuries because of problems of proof, particularized injury makes for the best claim and that is simply not present in this case.
I really doubt that those bringing this suit really expect to win. I've read that Johnny Cochran, a few distinguished Harvard professors are behind the suit, and in my view, their strategy is to never bring this suit to trial. Instead, the negative publicity this suit will bring (I've already seen a full report about this matter on the front of a major newspaper), will put pressure on these corporations to give something back to the African-American community.
Frankly, Buddy, I'm with you on this. This is all a matter of accountability, isn't it? You injure a party, you pay the price. The same Republicans who routinely preach accountability and responsibility are now arguing that corporations should be allowed to escape responsibility for its past atrocities. Well, the law may allow this result, but in the end, negative publicity will not.
So long as the media continues to cover this story and public pressure grows, African-Americans will probably eventually prevail in some form or another. However, if this goes to trial they won't, and my guess is that ultimately these companies are going to settle to get this story off the pages of our nations newspapers.
Ryan.