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The Rise And Fall Of Section 502b, John Ramming Chappell
The Rise And Fall Of Section 502b, John Ramming Chappell
Northwestern Journal of Human Rights
The first major foreign policy legislation of the human rights revolution of the 1970s,1 Section 502B of the Foreign Assistance Act (FAA) is a latent oversight tool that Congress could use to promote human rights in U.S. security assistance. Section 502B may be the most potent provision of law regarding human rights and security assistance that has never been used. The provision prohibits U.S. security assistance to governments that engage in a consistent pattern of gross violations of human rights, requires the State Department to report on human rights issues, and provides Congress with a mechanism to enforce the statute’s …
Policy Considerations And Implications In United States V. Bryant, Jessica Larsen
Policy Considerations And Implications In United States V. Bryant, Jessica Larsen
Northwestern Journal of Law & Social Policy
No abstract provided.
Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler
Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler
Northwestern Journal of Law & Social Policy
No abstract provided.
A Mother Of A Problem: How The Language Of Inequality Affects Maternity Leave Policies And Women In Law Firms, Hannah Arenstam
A Mother Of A Problem: How The Language Of Inequality Affects Maternity Leave Policies And Women In Law Firms, Hannah Arenstam
Northwestern Journal of Law & Social Policy
No abstract provided.
May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba
May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba
Northwestern Journal of Law & Social Policy
This Article examines the questions that Supreme Court Justices ask during oral argument. The authors content-coded questions asked in fifty-three cases argued during the October 2009, 2010, and 2011 terms—a total of 5,115 questions. They found that the Justices vary significantly in the extent to which they ask about different aspects of a case, including threshold issues, precedent, facts, external actors, legal argument, and policy. They also found that the Justices were more likely to ask policy-oriented questions in education cases than in constitutional cases that did not arise in a school setting. The authors included a case study of …
Taxation In A Time Of Crisis: Policy Leadership From The Oecd To The G20, Allison Christians
Taxation In A Time Of Crisis: Policy Leadership From The Oecd To The G20, Allison Christians
Northwestern Journal of Law & Social Policy
After decades of directing global economic policy standards alone, the United States and Europe publicly extended leadership power to some developing countries in response to the economic crisis of 2008-2009. But an entrenched international architecture of tax policy expertise ensures that a small group of established players continue to shape tax norms and practices throughout the world. This architecture is based on historical international power relationships and institutional history. For diplomatic restructuring on the world stage to usher in a new age of inclusion for previously marginalized states and peoples, systemic changes must also take place in these entrenched institutions …
Improving Work Supports: Using The Family Resource Simulator To Identify Problems And Test Solutions, John Bouman, Kinsey Alden Dinan, Nancy K. Cauthen
Improving Work Supports: Using The Family Resource Simulator To Identify Problems And Test Solutions, John Bouman, Kinsey Alden Dinan, Nancy K. Cauthen
Northwestern Journal of Law & Social Policy
Neither the federal government, nor the states, has a coordinated or comprehensive work supports system. The current work supports system is comprised of a patch work of programs, such as EITC, child care programs, food stamps, Medicaid, SCHIP, and TANF. As a result of this disjointed history, these work support programs do not always help working parents meet their families' needs. Using the Family Resource Simulator, a web-based policy tool, the authors make specific suggestions for how to improve the Illinois work support system. First, the Article present the landscape of work support systems and how they affect working families …
New Hope: A Thoughtful And Effective Approach To "Make Work Pay, Greg J. Duncan, Hans Bos, Lisa L. Gennetian, Heather Hill
New Hope: A Thoughtful And Effective Approach To "Make Work Pay, Greg J. Duncan, Hans Bos, Lisa L. Gennetian, Heather Hill
Northwestern Journal of Law & Social Policy
This paper makes the case for a national program offering the kind of work supports that were part of the New Hope program, a policy experiment that operated for three years in Milwaukee, Wisconsin. Our policy, like New Hope, would provide a set of work supports for full-time workers-both parents and nonparents, men and women-that would lift them out of poverty as well as provide essential benefits in the form of health insurance and child-care subsidies for people who needed them. Across all of the people offered the chance to participate in the New Hope program, including single men, work …
Changing The Subject: From Welfare To Poverty To A Living Income, Peter B. Edelman
Changing The Subject: From Welfare To Poverty To A Living Income, Peter B. Edelman
Northwestern Journal of Law & Social Policy
No abstract provided.
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice
Northwestern Journal of Law & Social Policy
This introductory essay questions putting nearly all effort into social policywhich has failed to reduce povertyand calls instead for reinvigorating other tactics and re-imagining the unfinished dream of economic justice. Indeed, what Martin Luther King, Jr. envisioned was an actual war on poverty, not merely the abbreviated, under-funded, and ultimately unsuccessful effort of the 1960s, nor the imposter war on welfare that has dominated our social policy effort since. But our social policy has not only failed to reduce poverty, it failed to focus long-needed attention on poverty and inequality. Nor has social policy facilitated the political mobilization of poor …
What Works Is Work: Welfare Reform And Poverty Reduction, Ron Haskins
What Works Is Work: Welfare Reform And Poverty Reduction, Ron Haskins
Northwestern Journal of Law & Social Policy
This is an essay about how the 1996 welfare reform law and other policies contributed to the sharpest decline in child poverty since the early 1970s. The story is told in the context of the nation's long struggle to reduce poverty and the factors that have made it so difficult to make progress against poverty. These factors involve both forces over which individuals have little or no control and factors over which they have almost complete control. Such factors include the problems with child poverty, male non-work, education rates, and the influx of low-skilled immigrants. To a large extent, the …
Is Work The Only Thing That Pays? The Guaranteed Income And Other Alternative Anti-Poverty Policies In Historical Perspective, Felicia Kornbluh
Is Work The Only Thing That Pays? The Guaranteed Income And Other Alternative Anti-Poverty Policies In Historical Perspective, Felicia Kornbluh
Northwestern Journal of Law & Social Policy
This paper examines the historical alternatives to welfare reform, namely the guaranteed income. This is, in a sense, the simplest possible approach to poverty, in that it proposes that each adult citizen receive a basic adequate income from a combination of market and state resources; if someone is not earning a wage, then she or he receives substantial support from the government and, in the case of a low wage, receives a smaller supplemental grant. The paper explores the meaning and history of the idea of a minimum income for all U.S. Citizens and argues that it was an object …
Applying Online: Using Technology To Enroll Low-Wage Workers In Public Benefits, Liz Schott
Applying Online: Using Technology To Enroll Low-Wage Workers In Public Benefits, Liz Schott
Northwestern Journal of Law & Social Policy
No abstract provided.
Eitc & Tanf Participation Among Young Adult Low-Income Families, Richard K. Caputo
Eitc & Tanf Participation Among Young Adult Low-Income Families, Richard K. Caputo
Northwestern Journal of Law & Social Policy
Relying on data from the National Longitudinal Surveys, this article examined EITC & TANF participation among low-income families (N=1,098). Program use (EITC only, TANF only, or both EITC and TANF) was found to vary by age, number of children in the household, ethnicity/race, work effort, marital status, prior program participation, and sex of participants. Those with two or more children, the least education, ethnic/racial minorities, women, and married persons were more likely than their respective counterparts to take advantage of either or both vis-a-vis neither program. Findings suggested that EITC and TANF are well-targeted but underutilized programs.
Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher
Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher
Northwestern Journal of Law & Social Policy
No abstract provided.
The Water Excise Tax: Preserving A Necessary Resource, Thomas Lee
The Water Excise Tax: Preserving A Necessary Resource, Thomas Lee
Northwestern Journal of Law & Social Policy
This Comment will first examine the history and current state of laws regulating water use in the United States, and the commercial uses that are the target of the proposed Water Excise Tax. The next step will be to discuss the tax itself from several perspectives: First, its constitutionality, structure, and application in the framework of existing water law; second, its advantages and disadvantages based on its regulatory nature and scope; and finally, the normative benefits of indirect regulation. The theses underlying all of these sections are that public drinking water will become scarce in the very near future, that …
Reflections On Capital Punishment, Rob Warden
Reflections On Capital Punishment, Rob Warden
Northwestern Journal of Law & Social Policy
Authored by the Executive Director of the Center on Wrongful Convictions, this powerful article reviews the many different arguments against the death penalty and uses a multitude of case discussions to show how the death penalty works, not in theory, but in practice. Some of these arguments include: the death penalty does not have a demonstrable deterrent effect; it costs more to maintain the system than to imprison murderers for life; many wrongfully condemned defendants have been saved by the serendipitous discovery of evidence not available during trial; innocent persons have been executed; the death penalty has been applied in …
Ending Jim Crow Life Insurance Rates, Mary L. Heen
Ending Jim Crow Life Insurance Rates, Mary L. Heen
Northwestern Journal of Law & Social Policy
his Article tells the story of the rise and fall of explicit race-based pricing practices as American life insurance companies responded to changes in the social, economic, and legal status of former slaves. The role of law in that story, from the Civil War to the beginning of this century, illustrates the complex interaction between civil rights reform and private commercial markets. Despite early laws prohibiting race-based life insurance rates, racial discrimination persisted in various forms for over a century due to the strength of the underlying racial ideologies, the rhetorical power of actuarial language, and the structure and regulation …
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Northwestern Journal of Law & Social Policy
In 1764, Cesare Beccaria, a 26-year-old Italian, penned . The treatise argued that state-sanctioned executions and torture violate natural law. As we near the 250th anniversary of its publication, author John D. Bessler provides a comprehensive review of the abolition movement, from before Beccaria's time to the present. Bessler reviews Beccaria's influence on Enlightenment thinkers and more importantly, on America's Founding Fathers. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in International Law towards the abolition of the death penalty. It then discusses the current state of the death penalty …
Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt
Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt
Northwestern Journal of Law & Social Policy
As military involvement overseas persists, pressure to increase the size of the armed services will continue. While higher bonuses and lower recruiting standards relieve this pressure, these measures may not be enough and an active military draft is an attractive alternative. Indeed, although the military draft has been inactive for nearly thirty years, current U.S. involvement overseas has aroused discussion for reactivation of the military draft. In light of this call to reactive the draft, this Student Comment proposes a framework for analyzing the constitutionality of an active military draft under the Thirteenth Amendment. Specifically, this Comment argues that courts …
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Northwestern Journal of Law & Social Policy
This Student Comment explores the long-standing gender bias inherent in the United States Internal Revenue Code ("IRC"). Specifically, this Comment discusses the bias of the taxing code against secondary earners in dual-income families. Under the IRC, primary earners in a dual-income household are taxed at a much lower rate than secondary earners in the household. As women have historically suffered from lower wages and income than their husbands, the effect of the IRC is to tax married women at much higher rates than married men. Indeed, the average working married woman loses over two-thirds of her pay to income taxes. …
Van Duyn V. Baker School District: A "Material" Improvement In Evaluating A School District's Failure To Implement Individualized Education Programs, David G. King
Northwestern Journal of Law & Social Policy
This Case Note of explores the standards courts use when evaluating a school district's failure to implement a student's Individualized Education Plan (IEP). In , the Ninth Circuit held that only "material" failures to implement constitute a deprivation of Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). The Note first begins with a discussion of the right to FAPE under the IDEA and how the Supreme Court narrowed the scope of FAPE in . It then examines the many different standards federal courts have used to evaluate implementation failures, including requiring the failure to involve …
Educating Undocumented Students: The Legacy Of Plyler V. Doe, Aarti Kohli
Educating Undocumented Students: The Legacy Of Plyler V. Doe, Aarti Kohli
Northwestern Journal of Law & Social Policy
This is a brief introduction to the symposium issue. The goal of this symposium issue is to decrease the significant knowledge gaps about the actual educational attainment of undocumented children after the Court's decision in . The research presented in this issue suggest that while children are integrated into public schools, changes in the law and social policies are needed in order to fulfill s promise to ensure the ability of innocent children to have the opportunity to contribute to American society.
Civic Lessons: Public Schools And The Civic Development Of Undocumented Students And Parents, John Rogers, Marisa Saunders, Veronica Terriquez, Veronica Valez
Civic Lessons: Public Schools And The Civic Development Of Undocumented Students And Parents, John Rogers, Marisa Saunders, Veronica Terriquez, Veronica Valez
Northwestern Journal of Law & Social Policy
In the Court reasoned that by providing undocumented students with core academic instruction, public schools could contribute to their participation in democratic institutions and thus enhance civic life. This article assesses this and a set of related claims. Drawing on three data sets, the authors consider how access to public schools shapes the civic development and civic engagement of undocumented students and their parents. They first introduce data from a longitudinal study tracking the civic development of youth through high school and into adulthood. They then share survey data that indicates the relatively high levels of school participation among undocumented …
Analyzing The Wnba's Mandatory Age/Education Policy From A Legal, Cultural,And Ethical Perspective: Women, Men, And The Professional Sports Landscape, Marc Edelman, C. Keith Harrison
Analyzing The Wnba's Mandatory Age/Education Policy From A Legal, Cultural,And Ethical Perspective: Women, Men, And The Professional Sports Landscape, Marc Edelman, C. Keith Harrison
Northwestern Journal of Law & Social Policy
The Women's National Basketball Association (WNBA) age/education policy, which generally requires women's professional basketball players to wait four years after graduating high school before entering the league, invokes substantial debate about both its legality and ethicality. This article discusses the WNBA age/education policy from a legal, cultural, and ethical perspective. Part One of this article discusses the women's basketball landscape in terms of sociology, race, and gender. Part Two discusses the history of women's basketball in America, as well as the history of the WNBA and its age/education policy. Part Three explains the legal issues that underlie an antitrust challenge …
A Penny For The Court's Thoughts? The High Price Of Judicial Elections, Bronson D. Bills
A Penny For The Court's Thoughts? The High Price Of Judicial Elections, Bronson D. Bills
Northwestern Journal of Law & Social Policy
In this article, Mr. Bronson Bills explores the meaning of the term "judicial independence," tracks the history of the concept in colonial America, and discusses the importance of judicial independence to free and just society. Mr. Bills then examines judicial elections in light of the 2006 Nevada Supreme Court election for Seat G-a judicial election in which the incumbent Justice Nancy Becker was defeated by the much less qualified Nevada State District Court Judge Nancy Saitta (who was the most reversed District Judge in Nevada with no academic or legal publications prior to taking the bench) after Saitta misrepresented the …
Pregnancy, Medicaid, State Regulation, And The Production Of Unruly Bodies, Khiara M. Bridges
Pregnancy, Medicaid, State Regulation, And The Production Of Unruly Bodies, Khiara M. Bridges
Northwestern Journal of Law & Social Policy
This paper represents a concretization of thoughts generated during a year and a half of anthropological fieldwork in the obstetrics clinic of a large, public hospital located on the . As a condition of receipt of Medicaid coverage of prenatal care expenses, poor, uninsured pregnant women are compelled to meet with a battery of professionalsnamely nutritionists, social workers, health educators, and financial officerswho inquire into areas of women's lives that frequently exceed the realm of the medical. This paper argues that, as a result, Medicaid mandates an intrusion into women's private lives and produces pregnancy as an opportunity for state …
"Rubbing Salt In The Wound": As Nurses Battle With A Nationwide Staffing Shortage, An Nlrb Decision Threatens To Limit The Ability Of Nurses To Unionize, Amy Albro
Northwestern Journal of Law & Social Policy
The United States is plagued by a growing nursing shortage, which is causing dissatisfaction among nurses and threatening the quality of patient care in hospitals. With the nursing profession's struggle spanning from recruitment to retention, some nurses and scholars have advocated for unionization as a possible response. Nurses working in unionized hospitals earn higher wages and may experience higher job satisfaction and provide better patient care than those in non-unionized hospitals. However, recent developments in labor law have left the ability of many nurses to unionize as an open question. On September 29, 2006, the National Labor Relations Board issued …
A Fresh Look At A Stale Doctrine: How Public Policy And The Tenets Of Piercing The Corporate Veil Dictate The Inapplicability Of The Intracorporate Conspiracy Doctrine To The Civil Rights Arena, Barry Horwitz
Northwestern Journal of Law & Social Policy
Civil rights conspiracy law has drifted dramatically far from its intended purpose. Courts regularly apply the intracorporate conspiracy doctrinea principle holding that officers and agents of the same corporation are incapable of conspiring when they act on behalf of the corporationto prevent civil rights conspiracy plaintiffs from vindicating violations of their rights. While the intracorporate conspiracy doctrine was originally used to shield officers of private corporations from antitrust liability, it is now used to shield state actors who abuse their positions of power. Applying the doctrine in this way not only contradicts the intent of Congress in passing the Civil …
Marketing Motherhood: Rights And Responsibilities Of Egg Donors In Assisted Reproductive Technology Agreements, Sarah Terman
Marketing Motherhood: Rights And Responsibilities Of Egg Donors In Assisted Reproductive Technology Agreements, Sarah Terman
Northwestern Journal of Law & Social Policy
Each year thousands of young women enter the American gamete market as egg providers. This Comment examines the rights and responsibilities of egg providers in assisted reproductive technology (ART) arrangments. Section One describes the rising demand for alienable eggs and analyzes the ways in which American courts have provided an incentive to ART clinics to move away from traditional surrogacy arrangements toward arrangements involving egg providers. Section Two focuses on the current state of federal and state regulation of egg transfer and includes a discussion of the current bifurcated system of body part alienability, in which eggs may be bought …