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Articles 1 - 4 of 4

Full-Text Articles in Law

America's Misunderstood Welfare State: Persistent Myths, Enduring Realities, Rachel D. Godsil May 1991

America's Misunderstood Welfare State: Persistent Myths, Enduring Realities, Rachel D. Godsil

Michigan Law Review

A Review of America's Misunderstood Welfare State: Persistent Myths, Enduring Realities by Theodore R. Marmor, Jerry L. Mashaw, and Philip L. Harvey


The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns Jan 1991

The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns

University of Michigan Journal of Law Reform

This Note argues that state legislatures should relax funding restrictions on abortions for indigent women and proposes specific mechanisms to ensure the equal protection of indigent women in the abortion context. Part I briefly recounts the history of federal funding for abortions, from the liberal post-Roe funding scheme to the restrictive funding arrangements that have prevailed since the early 1980s. Part II surveys the existing literature and discusses patterns of state funding and the impact of funding restrictions on indigent women seeking abortions. This literature shows that the tightening of state funding policies subsequent to the federal Medicaid restrictions has …


Dependency In The Welfare State: Beyond The Due Process Vision, Richard O. Lempert Jan 1991

Dependency In The Welfare State: Beyond The Due Process Vision, Richard O. Lempert

Reviews

The due process revolution has failed. Never mind that this verdict is an oversimplified exaggeration. It is closer to the truth than its opposite. Giving powerless, dependent, poor people property interests in their welfare benefits and the right to call those who exercise discretion over them legally into account does not magically cure the poverty, powerlessness, or dependency that motivated the extension of rights in the first instance. The optimistic view of legality that motivated much of the social activism of the late sixties and early seventies inevitably gives way before the reality of being poor.


Commentary: Meeting The Financial Needs Of Children, David L. Chambers Jan 1991

Commentary: Meeting The Financial Needs Of Children, David L. Chambers

Articles

Those who drafted the equitable distribution statutes adopted in New York and elsewhere wanted to help assure women and children an acceptable level of financial well-being after divorce. Marsha Garrison has shown that divorcing couples rarely possess enough resources to attain financial well-being even when they live together as a couple, let alone when they live in two separate households. She has also shown that, even in the cases of couples with substantial assets, the broad and general language of the equitable distribution statute did not lead (and could not have been expected to lead) to consistent distributions that assured …