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Full-Text Articles in Law
Dr. King’S Speech: Surveying The Landscape Of Law And Justice In The Speeches, Sermons, And Writings Of Dr. Martin Luther King Junior, Carlton Waterhouse
Dr. King’S Speech: Surveying The Landscape Of Law And Justice In The Speeches, Sermons, And Writings Of Dr. Martin Luther King Junior, Carlton Waterhouse
Carlton Waterhouse
ABSTRACT The belief that an essential relationship exists between law and justice has been recognized since the time of the ancient Greeks. In fact, the concept extends well beyond Western philosophy and jurisprudence. Distinct from other aspects of justice, the relationship between law and justice considers the nature of law and its dictates as well as the responsibility of citizens to obey it. Although Dr. Martin Luther King, Jr. lacked the developed legal analysis of jurisprudence scholars, he made a meaningful contribution to the intellectual discourse of his time by forcing the discussion on the broader society and centering it …
King And The Crits: Exploring The Length And Limits Of Dr. Martin Luther King Junior’S Vision Of Legal Justice, Carlton Waterhouse
King And The Crits: Exploring The Length And Limits Of Dr. Martin Luther King Junior’S Vision Of Legal Justice, Carlton Waterhouse
Carlton Waterhouse
ABSTRACT The notion of legal justice has been recognized since the time of the ancient Greeks and the concept extends well beyond Western philosophy and jurisprudence. Distinct from other types of justice, legal justice addresses the nature of law and its dictates as well as the responsibility of citizens to obey it. Although Dr. Martin Luther King, Jr. lacked the developed legal analysis of jurisprudence scholars, Dr. King made a meaningful contribution to jurisprudence discourse of his time by opening the discussion to the broader society and centering it on a critical issue of his day – racial segregation. This …
No Reparations Without Taxation, Carlton Waterhouse, Andre Smith
No Reparations Without Taxation, Carlton Waterhouse, Andre Smith
Carlton Waterhouse
ABSTRACT In the article, Professors Andre Smith and Carlton Waterhouse explore the interesting and rich relationship between reparations and the tax law scholarship. Employing a rich dialogical style, the authors move fluidly between the theoretical and practical aspects of both reparations and tax law in a way that brings both areas of research together. Beyond the slavery reparations tax scams of the earlier part of the decade, the authors reveal an intriguing and important relationship between reparations and the United States tax code previously unexplored. The authors accomplish this in two distinct ways. They begin with an examination of reparations …
Follow The Yellow Brick Road: Perusing The Path To Constitutionally Permissible Reparations For Slavery And Jim Crow Era Governmental Discrimination, Carlton Waterhouse
Follow The Yellow Brick Road: Perusing The Path To Constitutionally Permissible Reparations For Slavery And Jim Crow Era Governmental Discrimination, Carlton Waterhouse
Carlton Waterhouse
ABSTRACT A growing body of scholarship has developed around the issue of reparations for the holocaust, slavery, and other social injustices. Numerous articles have proposed reparations programs for America’s legacy of race based slavery and segregation but the constitutionality of those programs has largely been ignored in the literature. Instead, most scholarship focuses on the legal or political justification for existing or new reparations proposals. This article charts new ground in the area by examining prototypical reparations proposals by the leading scholars in the field for compliance with the Court’s equal protection requirements. The Supreme Court’s affirmative action jurisprudence represents …
The Good, The Bad, And The Ugly: Moral Agency And The Role Of Victims In Reparations Programs, Carlton Waterhouse
The Good, The Bad, And The Ugly: Moral Agency And The Role Of Victims In Reparations Programs, Carlton Waterhouse
Carlton Waterhouse
Despite the growing interest in reparations, at the domestic and international level, little attention has been given to the role of victims in the design and implementation of reparations programs. Instead, most programs and commentators place emphasis upon the apology, recompense, or restitution required by former wrongdoers rather than the restoration and recovery of victims. This prevailing approach neglects the critical role that communities and individuals suffering from past abuses should play in order to reestablish their personal well being and societal standing. This methodology replicates the past subordination of victims by rendering them the passive recipients of government actions …
Abandon All Hope Ye That Enter: Title Vi, Equal Protection, And The Divine Comedy Of Environmental Justice, Carlton Waterhouse
Abandon All Hope Ye That Enter: Title Vi, Equal Protection, And The Divine Comedy Of Environmental Justice, Carlton Waterhouse
Carlton Waterhouse
Dante’s Alighieri’s epic poem the Divine Comedy begins with the journey of the author and his guide Virgil down through the depths of Hell. Early in their trek, Dante finds the phrase “Abandon All Hope Ye That Enter” inscribed above the gates of Hell. Drawing on this classic work, the article analogizes Dante’s passage through Hell with the experience of communities relying on civil rights law to address the disparate racial effects of environmental decisions. The article begins with an examination of the first administrative complaint filed with the Environmental Protection Agency alleging racial discrimination in environmental permitting in 1992 …
The Good, The Bad, And The Ugly: Moral Agency And The Role Of Victims In Reparations Programs, Carlton Waterhouse
The Good, The Bad, And The Ugly: Moral Agency And The Role Of Victims In Reparations Programs, Carlton Waterhouse
Carlton Waterhouse
ABSTRACT Despite the growing interest in reparations, at the domestic and international level, little attention has been given to the role of victims in the design and implementation of reparations programs. Instead, most programs and commentators place emphasis upon the apology, recompense, or restitution required by former wrongdoers rather than the restoration and recovery of victims. This prevailing approach neglects the critical role that communities and individuals suffering from past abuses should play in order to reestablish their personal well being and societal standing. This methodology replicates the past subordination of victims by rendering them the passive recipients of government …