Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Administrative procedure (1)
- Antioch Law Journal (1)
- Atomic Veterans (1)
- Battered child syndrome (1)
- Benefits (1)
-
- Board of Regents v. Roth (1)
- Child welfare (1)
- Child witness (1)
- Children (1)
- Constitutional law (1)
- Criminal abuse of children (1)
- Disabled (1)
- Due process clauses (1)
- Entitlements (1)
- Estate planning (1)
- Fifth Amendment (1)
- Foster children (1)
- Foster families (1)
- Fourteenth Amendment (1)
- Goldberg v. Kelly (1)
- Government benefits (1)
- Homelessness (1)
- Law and economics (1)
- Liberty (1)
- Life (1)
- Negative liberty (1)
- People With Disabilities (1)
- Perry v. Sinderman (1)
- Positive liberty (1)
- Property (1)
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Law, Politics And The Homeless, Inez Smith Reid
Law, Politics And The Homeless, Inez Smith Reid
West Virginia Law Review
No abstract provided.
Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein
Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein
Antioch Law Journal
This Comment will discuss the judicial review'3 and rulemaking14 provisions of the bill and their possible impact on efforts by atomic veterans to obtain benefits from the Veterans Administration. Part II will provide an overview of the Veterans Administration's claims procedures, describing the criteria currently applied to claims of atomic veterans and the changes contained in the bill. Part III will discuss the critical sections of the bill, including the unique standard of review'5 for factual determinations made in adjudicating individual claims for benefits. In particular, Part III will discuss potential problems posed to reviewing courts applying the standard of …
The Medicare Prospective Payment System: Its Impact On The Quality Of Health Care Received By The Elderly, Marcy Cohen
The Medicare Prospective Payment System: Its Impact On The Quality Of Health Care Received By The Elderly, Marcy Cohen
In the Public Interest
No abstract provided.
Child Abuse: A Practitioner's Guide To The Trial Of Child Abuse Cases In Criminal Court, Catherine Tinker
Child Abuse: A Practitioner's Guide To The Trial Of Child Abuse Cases In Criminal Court, Catherine Tinker
NYLS Journal of Human Rights
No abstract provided.
Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin
Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching consent decree that mandates specific reforms in policy and practice to be implemented by a public social welfare agency in its delivery of services to foster children and their families.
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Publications
No abstract provided.
An Offer She Can’T Refuse: When Fundamental Rights And Conditions On Government Benefits Collide, Marie Failinger
An Offer She Can’T Refuse: When Fundamental Rights And Conditions On Government Benefits Collide, Marie Failinger
Faculty Scholarship
This article criticizes the Maher/Harris conditions doctrine on two levels. At the first level, it suggests that the Maher/Harris doctrine cannot justify the Court’s decisions to uphold government withdrawals of funding from rights-exercises. At the second level, after exposing and contrasting the definitional presuppositions of the Court in Maher and Harris with previous cases, the article suggests that the Maher/Harris doctrine is a failure because it uses utterly inadequate rights theory to resolve emerging issues of conflicting human need and conscience, issues which are mediated by government action. The author creates a space for a discussion of a new framework …
Rights And Redistribution In The Welfare System, William H. Simon
Rights And Redistribution In The Welfare System, William H. Simon
Faculty Scholarship
The term "right" has a wide variety of connotations. On a very general level, it connotes a social commitment to the dignity and autonomy of the individual, an "affirmation of free human subjectivity against the constraints of group life." On a somewhat more specific level, one can distinguish procedural and substantive connotations. Procedural connotations concern official enforcement institutions. For example, in American legal culture, "right" often connotes judicial enforceability. Substantive connotations concern benefits or powers, such as freedom of speech or ownership of property, in civil society.
This essay is about the substantive connotations of the notion of "right" that …
Public Benefits, Legal Services, And Estate Planning, John Capowski
Public Benefits, Legal Services, And Estate Planning, John Capowski
John J. Capowski
No abstract provided.