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Full-Text Articles in Law
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 …