Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Devolution (2)
- Due process (2)
- Procedural due process (2)
- Public benefits (2)
- 1st amendment (1)
-
- Administrative law (1)
- Arbitrary (1)
- Contracts (1)
- Discretion (1)
- Entitlement (1)
- Express contract (1)
- Implied contract (1)
- Poverty (1)
- Private (1)
- Property (1)
- Property interest (1)
- Prosecutorial misconduct (1)
- Public (1)
- Public assistance (1)
- Public law (1)
- Rule of law (1)
- Social contract (1)
- Social welfare (1)
- Substantive due process (1)
- Welfare reform (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini
Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini
Articles
This article explores whether there exists a concept of non-arbitrariness that imposes limitations on the administration of welfare benefits without rules, regulations, policies or procedures. To address this question, the article examines the concept of non-arbitrariness within various jurisprudential doctrines and the potential applicability of the concept to limit arbitrary governmental action in the welfare context. In each of the areas where courts regulate arbitrary governmental action, underlying judicial concerns give rise to jurisprudential principles. Four principles stand out. First, at a minimum, there must be a rational relationship between the government’s ends and the means it chooses to reach …
The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini
The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini
Articles
This Article analyzes the due process implications of the change in welfare administration from a federal statutory entitlement model to the devolved contractual model and posits that, despite the changes, due process protections still exist. These protections arise from the private law of contracts on two different levels. The first level is the macro, or implied, contract, that I refer to as the social contract between the government and the populace. The existence of this social contract is evidenced in numerous sources including: political theories that explore the use of governmental authority; foundational democratic legal sources, such as the Declaration …
Welfare Entitlements In The Era Of Devolution, Christine N. Cimini
Welfare Entitlements In The Era Of Devolution, Christine N. Cimini
Articles
In 1996, the Republican Congress and Democratic President enacted the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), ushering in a new era of public benefits. This 1996 act’s fundamental change to the administration and substance of public benefits called into question the applicability of a substantial body of procedural due process doctrine. As a result, unanswered questions remain regarding the applicability of established due process doctrine in the welfare reform context. This Article analyzes whether public law entitlements exist in the context of PRWORA’s first order devolution from the federal to state governments as well as some states’ second …