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Tax Enforcement At The Intersection Of Social Welfare And Vulnerable Populations, Michelle Lyon Drumbl
Tax Enforcement At The Intersection Of Social Welfare And Vulnerable Populations, Michelle Lyon Drumbl
Scholarly Articles
This Essay engages with Professor Bernadette Atuahene’s theory of stategraft in the context of tax administration and the role that the Internal Revenue Service (IRS) plays in implementing certain social welfare benefits, including the Earned Income Tax Credit (EITC). Specifically, it considers whether the IRS’s denials of the EITC to those who might otherwise be eligible and entitled to it constitutes a wrongful taking by the state or a violation of basic human rights. While this Essay concludes that denials of the EITC generally do not fit within Atuahene’s definition of stategraft, it highlights two particularly problematic concerns with modern …
Child Welfare Requires Adequate Remedial Services, Raymond C. O'Brien
Child Welfare Requires Adequate Remedial Services, Raymond C. O'Brien
Scholarly Articles
This Article argues that the focus of child welfare should be upon the adequacy of reasonable services provided to parents prior to and after their child has been declared dependent because of an abuse or neglect allegation. Admittedly, recent federal legislation funding rehabilitation services while permitting a child to remain with an offending parent may result in less trauma, but this feature should not distract from the point that states must develop adequate reasonable services, and these must be provided within a specified period of time. The consequence of inadequate reasonable services, unable to address adverse conduct within a specified …
Social Welfare And Political Organizations: Ending The Plague Of Inconsistency, Roger Colinvaux
Social Welfare And Political Organizations: Ending The Plague Of Inconsistency, Roger Colinvaux
Scholarly Articles
This article considers the use of social welfare organizations for political purposes, assesses the damage, and offers solutions. Part I of the article provides an overview of present law and compares social welfare and political organizations in the context of political campaign intervention. Part II considers the many serious ongoing harms that have resulted from the current legal framework. Part III assesses different solutions. The article concludes that in general, the disclosure and financing rules concerning the political activity of social welfare and political organizations should be consistent. Consistent rules would reduce incentives to deceive regulators and the public and …
A Road Map To Adjudication Under The Medical-Vocational Guidelines, J.P. "Sandy" Ogilvy
A Road Map To Adjudication Under The Medical-Vocational Guidelines, J.P. "Sandy" Ogilvy
Scholarly Articles
No abstract provided.
The Social Security Court Proposal: A Critique, J.P. "Sandy" Ogilvy
The Social Security Court Proposal: A Critique, J.P. "Sandy" Ogilvy
Scholarly Articles
Following a brief description of the present system of judicial review of social security decisions, and a look at the proposed Social Security Court alternative, this article examines in some detail the reasons generally suggested as compelling the creation of a specialty court. Next, the article examines the goals and values of judicial review and discusses the Social Security Court concept as a vehicle to achieve these goals and values. Finally, the article suggests several less drastic legislative, administrative and judicial alternatives to a special court.