Symposium Booklet

The Berkeley Law Journal of Black Law & Policy

Reparations: Its Past, Present, & Immediate Future April 19, 2024 10:30 a.m. - 3:00 p.m.

Berkeley Law Celebrating 30 years of JBLP

Program 10:00 - 10:30 a.m.

Registration & Check-In

10:30 - 10:40 a.m.

Welcome & Symposium Introduction

10:45 - 11:10 a.m.

Keynote Speaker: The History of Reparations

Kamilah V. Moore, Esq.

Reparations Now: Moving Beyond a Naive Faith 11:15 a.m. - 12:15 p.m. in Bare Law

Don Tamaki Brandon Greene Kamilah V. Moore, Esq.

Lunch Keynote Speaker: Inequitable Music Industry Contracts and the Oppressive Hand of Copyright Law: the Case for Reparations for African American Artists and Performers

Kevin Greene

12:15 - 12:45 p.m.

12:50 - 1:50 p.m.

Panel 2: The Future of Reparations

2:00 - 3:00 p.m.

Reception

Charles A. Miller Lobby

Room 100

Wesley Cox Cameron Clark Ndjuoh MehChu

Symposium Hosts: Alexis Tatum & Dominick Williams

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Symposium Panels This symposium brings together leading academics and practitioners to explore the landscape of both California and the nation’s work to bring about reparations for Black Americans, highlight the work of California’s Reparations Task Force, and consider various issues and angles on the topic that may provide some remedy to Black Americans in the United States.

Keynote 1: The History of Reparations This presentation will give an overview of the reparations movement in the U.S. and California, highlighting the ongoing movement for reparations for descendants of slavery despite seemingly sufficient, prophylactic legislation post-slavery (Civil Rights Act of 1866; 1964, Housing Rights Act of 1964; Voting Rights Act of 1865, etc.). It will discuss the concept of "naive faith in bare law" as espoused by WEB Du Bois in The Gift of Black Folk: The Negroes in the Making of America, and his appeal to make Freedmens Bureau a permanent institution.

Panel 1: Reparations Now: Moving Beyond a Naive Faith in Bare Law This panel will bridge us from the history of reparations to where we stand contemporarily following the California Reparations Task Force and its final report, published in June 2023.

Panelists will convey what the Task Force has revealed and how we can build on the Task Force's groundbreaking revelations.

Keynote 2: Inequitable Music Industry Contracts and the Oppressive Hand of Copyright Law: the Case for Reparations for African American Artists and Performers This presentation uses R &B pioneer Ruth Brown, a performer so prolific that Atlantic Records earned the moniker the "House That Ruth Built" as a case study, and critical race theory as a template, to outline the case for restorative justice for legacy Black music artists and performers.

Blak artists lost the opportunity for generational wealth arising from inequitable music industry contracts and practices. This presentation will also detail the ways in which copyright law doctrines including the compulsory license, copyright formalities and harsh judicial standards facilitated the loss of generational wealth for Black artists and performers.

Panel 2: The Future of Reparations This panel will discuss the future of reparations and think imaginatively about what our next steps should be. Now that we know what history has wrought and what opportunities lay in our wake, how do we begin to tackle creatively the gaping chasm between what Black Americans have and what we are owed? Panelists will share how we can begin to think about such an important question.

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Symposium Speakers Kamila V. Moore, Esq. Kamilah Moore is a reparatory justice scholar and an attorney specializing in entertainment and intellectual property law. While studying abroad at the University of Amsterdam, Moore wrote a master’s thesis exploring international law and reparatory justice for victims of the trans-Atlantic slave trade, chattel slavery, and their legacies. She earned a J.D. from Columbia Law School, a Master of Laws in International Criminal Law from the University of Amsterdam, and a Bachelor's degree from the University of California, Los Angeles (UCLA). Moore was appointed

by Governor Gavin Newsom to the California Reparations Task Force in 2021. she/hers Past Chair, California Reparations Task Force

Brandon L. Greene

Brandon Greene is the Director of Policy Advocacy for the Western Center on Law and Poverty (WCLP). Previously, he was the Director of the Racial and Economic Justice Program at the ACLU of Northern California, the Manager of the the Civic Design Lab in Oakland and an attorney and clinical supervisor at the East Bay Community Law Center. Brandon is a graduate of Boston University Law School, where he was a public interest scholar and Martin Luther King Social Justice Fellow.

Donald Tamaki

he/him Director of Policy Advocacy, WCLP Don Tamaki is a Senior Counsel at Minami Tamaki LLP. He earned both his B.A. and J.D. from UC Berkeley. He co-founded the Asian Law Alliance in San Jose, and served as the Executive Director of the Asian Law Caucus in San Francisco. In the 1980’s, he was a member of the pro bono legal team that reopened the landmark 1944 Supreme Court case Korematsu v. United States. In 2021, he was appointed to serve on the nine-member California Reparations Task Force. He is the recipient of the ABA Spirit of Excellence Award (2020), the National Asian Pacific Bar Association Trailblazer Award (2003), and the State Bar of California Loren Miller Award (1987).

he/him Senior Counsel, Minami Tamaki LLP

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Symposium Speakers Kevin Greene Professor Kevin “K.J.” Greene is the John J. Schumacher Chair and Professor of Law at Southwestern Law School in Los Angeles. He is a nationally recognized entertainment and intellectual property law scholar and an expert witness consultant for copyright, trademark, publicity rights, and entertainment contract disputes. In particiular he has pioneered work on on African-American music and inequality in copyright law. Before becoming a law professor, Greene practiced law in New York at Cravath, Swaine & Moore. He later joined New York’s top entertainment boutique law firm Frankfurt, Kurnit, Klein & Selz. Kevin is a graduate of State University of New York and Yale Law School. he/him John J. Schumacher Chair & Professor of Law, Southwestern Law School

Wesley Cox

Wesley has worked at the African American Community Service Agency since January 2022 as a Reparations Research fellow. He is a San Francisco State alum who organized with the Afrikan Black Coalition Conference, the Black Student Union, and Black Residents United in Housing. He pursued his Master's in AfricanAmerican Studies at UCLA, where he was a teaching assistant and Graduate Student Association representative for the academic senate. He is pursuing his Ph.D. in Higher Education and Student Affairs at Claremont Graduate University and San Diego State University. His dissertation is focused on Black LGBTQ+ students' perceptions of campus and sense of belonging. Cox is also an African American Studies educator and Fulbright South Africa GPA Scholar.

he/him Reparations Research Fellow & Ph.D. Candidate, African American Community Service Agency Cameron D. Clark is a Supervising Attorney in Berkeley’s Policy Advocacy Clinic, pursuing legislative reforms to abolish administrative fines and fees imposed on youth who are involved in the criminal legal system. Cameron received their law degree from Harvard Law School, where they studied as a NAACP-LDF Earl Warren Scholar, a Harvard University Presidential Scholar, and managing editor of the Harvard Blackletter Law Journal. Cameron received their B.A. in sociology with honors from the University of Texas at Austin. A civil rights attorney by training, Cameron joined Berkeley Law following fellowships with the Southern Poverty Law Center in New Orleans and the Texas Civil Rights Project in Houston. Cameron’s previous experiences also include litigation in California, working with Public Counsel and the ACLU of Southern California to support transgender prisoners and students asserting their civil rights.

Cameron Clark

he/they Clinical Supervising Attorney, Policy Advocacy Clinic, University of California, Berkeley, School of Law

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Symposium Speakers Ndjuoh MehChu

he/him Associate Professor of Law, Seton Hall Law School

Ndjuoh MehChu is an associate professor at Seton Hall Law School where he teaches and writes on Civil Rights, Critical Race Theory, and Torts. Prior to joining the Seton Hall Law faculty, Ndjuoh was an inaugural Thurgood Marshall Law Teaching Fellow at Howard University School of Law. He was also a legal fellow at the Southern Poverty Law Center in Jackson, Mississippi and clerked for the Honorable Jack B. Weinstein on the U.S. District Court for the Eastern District of New York. Before law school, Ndjuoh was a special education and math teacher in the South Bronx. He holds a B.A. in Economics and Africana Studies from Rutgers University-New Brunswick with highest honors and a J.D. from the University of Chicago Law School. Ndjuoh serves on the Executive Board of the American Association of Law Schools Sections on Civil Rights Law and Children and the Law. He also serves on the board of NJ LEEP.

Alexis Tatum Alexis Tatum is a 2L at the University of California, Berkeley, School of Law. She is JBLP's 2L Editor-in-Chief and a former Historian & Communications Co-Editor.

Before law school, Alexis earned her Bachelor's degrees in Journalism and Plan II Honors, an interdisciplinary liberal arts honors program, at the University of Texas at Austin. She is a first-generation college graduate and law student interested in the intersections of race and the right to privacy in the digital era.

she/hers 2L Editor-in-Chief

Dominick Williams Dominick Williams is a 2L at the University of California, Berkeley, School of Law. He serves as JBLP's Co-Senior Symposium Editor and former 2L Editor-in-Chief.

Before law school, he worked with California Secretary of State Shirley Weber as a liaison to the California Reparations Task Force. He also worked as thenAssemblymember Shirley Weber's legislative staffer focused on higher education, police accountability, and election issues. He is the Editor-in-Chief of the California Law Review. he/him Senior Symosium Editor

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Berkeley Journal of Black Law & Policy

About Us The Berkeley Journal of Black Law & Policy (BJBLP) is committed to publishing works dedicated to addressing social, political, and economic issues affecting the Black diaspora while promoting the works of scholars of marginalized identities, activists, and attorneys. Topics include institutional racism, social, political, and economic inequality, and anti-Black racism.

Our Purpose The Journal seeks to publish social policy and legal scholarship addressing economic, political, philosophic, and sociological issues affecting Black people.

As we see it, the challenge facing the Journal is threefold: First, the Journal aims to disrupt the centering of whiteness in legal academia. We hope our journal will ultimately serve Black communities by infusing intellectual discourse with provocative and innovative scholarship, thus deepening thinking about policy options and choices.

Second, the Journal will give rise to the voices of emerging scholars, organizers, and advocates. The Journal will bring these folks into conversation with community members, professors, judges, policy-makers, and practitioners.

Finally, we see the Journal as a training ground where students can sharpen their editing and writing skills, and gain experience in critical thinking by wrestling with ideas revolving around Black liberation, equality, and justice.

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Berkeley Journal of Black Law & Policy 2023-24 Board of Editors Editors-in-Chief Alexis Tatum Langston Glaude

Managing Editor Kennedy Edwards

Publishing Editors Tiffaney Boyd Leia Walker

History & Communications Editor Alyssa Young

Senior Articles Editor Allonna Nordhavn

Senior Symposium Editor Dominick Williams

Articles Editors* Kennedy Hayes Bailey Malveaux

Kaela Allen Kyra Morris

Associate Editors Johnsenia Brooks* Daija Chambers Davanna Howell-Mcfarlane

Cameryn Bryant Danielle Dyson Grace Oyenubi* Abby Smith

Lauren Campbell Aaniyah Hicks Metyia Phillips* Filmore Thomas IV

*symposium committee 7

Berkeley Journal of Black Law & Policy Thank you! BJBLP is grateful to our wonderful panelists, guests, and sponsors for helping us host this event. Additionally, thank you to our student members for helping make this event and forthcoming publication come to life. Finally, thank you to our guests! We hope this symposium has inspired you to learn more about the work of our panelists. We look forward to sharing our Spring Volume 23 publication with you soon.

If you would like to support the journal in curating future events, please consider the following:

Donations to our journal can be donated in one of two ways: 1. Credit card: Law firm employees/contacts can make a donation by calling in to the Gift Processing folks at 510-643-9789. For wire or EFT instructions, please contact gifts4law@law.berkeley.edu; or sending the payment to the address below.

2. By check payable to "UC Regents" and should include the Journal name in the memo field of the check. The checks should be sent to: Berkeley Law Journal Black Law & Policy c/o UC Berkeley Gift Services 1995 University Ave; Ste. 400 Berkeley, CA 94704-1070

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Learn More About Our Co-Sponsor!

The Henderson Center connects students, professors, lawyers, activists, and thinkers across and beyond campus to make relevant, vibrant conversations about law, power, equity, subordination, and privilege part of intellectual and social life at Berkeley Law. We focus on building our students’ capacity to be effective social justice advocates for the long-haul, and we are proud to be the home of this school’s active, diverse, and ever-growing social justice community.

Each week, we enrich the law school by hosting a guest practitioner, alumni, or circle of experts to converse with students and faculty about social justice issues, policies, and skills. We create symposia, workshops, teach-ins, and mentorship opportunities for social justice students, and collaborate with an array of student organizations, from First Generation Professionals to Coalition for Diversity to the California Law Review. We also support students’ summer employment financially through the Thelton E. Henderson Racial Justice Fellowship, and administer two certificates that recognize students’ who complete focused curriculums through the Race and Law Certificate and the Public Interest and Social Justice Certificate.

We are named after the Honorable Thelton E. Henderson (Class of ’62) and were established in response to California’s Proposition 209. For nearly 20 years, we’ve helped train thousands of lawyers to serve the least visible and least powerful with passion and expertise. We welcome anyone to our table who believes that advancing social justice is an integral part of the legal profession.

If social justice interests you, then join us. Share your voice. You are welcome here.

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The Berkeley Journal of Black Law & Policy is published annually each Spring by students of the University of California, Berkeley, School of Law. Contact Information If you have any questions or comments, please feel free to contact us.

(Email is the most efficient means of communication).

University of California, Berkeley Berkeley Law Berkeley Journal of Black Law & Policy 6 Law Building #7200 Berkeley, CA 94720 - 7220 Email: bjblp@berkeley.edu

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