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Law and Economics

2004

University of Maryland Francis King Carey School of Law

Articles 1 - 2 of 2

Full-Text Articles in Law

The New Moralizers: Transforming The Conservative Legal Agenda, David A. Super Jan 2004

The New Moralizers: Transforming The Conservative Legal Agenda, David A. Super

Faculty Scholarship

The essential elements of a wide range of social policies can be described in terms of responses to three basic questions. First, what burdens must the innocent carry? Second, what burdens must the blameworthy bear? And third, how does society assess blame? This Essay examines the increasingly successful efforts of a faction of social conservatives, called here the new moralizers, to reshape the resolution of each of these three issues and with them a wide range of social policies. Although the relative importance of these three questions has varied over time, the twentieth century saw a movement away from costly …


The Quiet "Welfare" Revolution: Resurrecting The Food Stamp Program In The Wake Of The 1996 Welfare Law, David A. Super Jan 2004

The Quiet "Welfare" Revolution: Resurrecting The Food Stamp Program In The Wake Of The 1996 Welfare Law, David A. Super

Faculty Scholarship

Cash-assistance programs have long been a focus of both liberal and conservative efforts to make symbolic statements. In this regard, the 1966 dismantlement of federal entitlement to cash assistance was nothing new. Although the 1996 welfare law also made deep cuts to in-kind programs, such as food stamps, these programs had less symbolic significance and hence were less often the target of public attacks. This lower political profile gave the Food Stamp Program room to find positive ways to adapt to the key themes that drove the enactment of the 1996 welfare law. In the 1996 welfare law’s wake, the …