Law Commons^™

Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax

All Faculty Scholarship

The Americans with Disabilities Act (ADA) requires private employers to offer reasonable accommodation to disabled persons capable of performing the core elements of a job. Some economists have attacked the statute as ill-advised and inefficient. In examining the efficiency of the ADA, this article analyzes its cost-effectiveness against the following social and legal background conditions: First, society will honor a minimum commitment to provide basic support to persons - including the medically disabled - who, through no fault of their own, cannot earn enough to maintain a minimally decent standard of living. Second, legal and pragmatic factors, including "sticky" or …

Beyond Welfare Reform: Economic Justice In The 21st Century, Peter B. Edelman

Georgetown Law Faculty Lectures and Appearances

Thank you so much, Mary Louise. I am deeply honored that you asked me to be here today with you and Tomas and Dan to deliver these remarks in memory of Mario Olmos. He was a wonderful role model for the values that have been celebrated throughout this lecture series, and I am doubly honored to be added to the list of distinguished speaker who have preceded me.

Keffeler V. Department Of Social And Health Services: How The Supreme Court Of Washington Mistook Caring For Children As Robbing Them Blind, Tobias J. Kammer

Washington Law Review

Social Security benefits aid in the basic care of beneficiaries. Washington's Department of Social and Health Services (DSHS) used benefits toward this end until Keffeler v. Department of Social and Health Services. In Keffeler, the Supreme Court of Washington ruled that DSHS, even when acting as representative payee, could not use a foster child's Social Security benefits to pay for his or her current maintenance. The court held that DSHS's use of Social Security benefits to pay for the current maintenance of foster children violated 42 U.S.C. § 407 of the Social Security Act, which protects Social Security …

"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman

All Faculty Scholarship

Since 1996, Congress has included charitable choice provisions in several social welfare statutes to encourage the participation of religious organizations in administering government-funded social service programs. In this Article, Professor Michele Gilman discusses the lack of accountability to beneficiaries that occurs when public funds are given to religious organizations for secular programs, and she proposes solutions to this problem. As Professor Gilman explains, doctrines that constrain abuses of governmental discretion, such as administrative procedure acts and constitutional restrictions, generally do not apply when public programs are privatized. Moreover, religious organizations are often insulated from public scrutiny because of First Amendment …

Conceivable Sterilization: A Constitutional Analysis Of A Norplant/Depo-Provera Welfare Condition, Kimberly A. Smith

Indiana Law Journal

No abstract provided.

Alternative Approaches To Judicial Review Of Social Security Disability Cases, A Report To The Board, March 2002, Jeffrey Lubbers, Paul R. Verkuil

Jeffrey Lubbers

The Needs Of The Working Poor: Hearing Before The S. Comm. On Health, Education, Labor And Pensions, 107th Cong., Feb. 14, 2002 (Statement Of Peter B. Edelman, Prof. Of Law, Geo. U. L. Center), Peter B. Edelman

Testimony Before Congress

No abstract provided.

When The War On Poverty Became The War On Poor, Pregnant Women: Political Rhetoric, The Unconstitutional Conditions Doctrine, And The Family Cap Restrictions, Carole M. Hirsch

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini

Maryland Law Review

No abstract provided.

Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Whatever Happened To G.I. Jane?: Citizenship, Gender, And Social Policy In The Postwar Era, Melissa E. Murray

Michigan Journal of Gender & Law

In this Article, it is argued that the GI Bill is consistent with the social welfare policies of the New Deal period, in particular the Social Security Act of 1935, and so should be examined within the analytical framework established by scholars like Linda Gordon and Theda Skocpol in their studies of the Social Security Act's social welfare programs. Although the Bill is gender-neutral on its face, it was framed by normative assumptions about military participation and work that ensured that it was socially understood to benefit male veterans.

The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith

Michigan Journal of Gender & Law

In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then …

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Language Matters: Designing State And County Contracts For Services Under Temporary Assistance For Needy Families, Eileen Sweeney, Barbara L. Bezdek, Sharon Parrott, Carol W. Medaris, Cary Lacheen

Faculty Scholarship

No abstract provided.

Promoting Community Child Protection: A Legislative Agenda, Leigh S. Goodmark

Book Gallery

No abstract provided.

The Complicated Game Of Child Support In Illinois: Does Anyone Really Win?, Kristina E. Smith

Public Interest Law Reporter

No abstract provided.

Sixth Circuit To Decide Whether Medicaid-Eligible Children Have Redress In Federal Court System, Jamie Rutkowski

Public Interest Law Reporter

No abstract provided.

Illinois Appellate Court Bars Child Support Ordered From Supplemental Security Income, Jeremy Nix

Public Interest Law Reporter

No abstract provided.

Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall

UIC Law Review

No abstract provided.

The Child As Other: Race And Differential Treatment In The Juvenile Justice System, Kenneth B. Nunn

UF Law Faculty Publications

The juvenile justice system is rife with disparities between white and non-white children. African American children are not the only ones who may be treated as the "other" inthe juvenile justice system. Latino, Native American, Asian, and even white children may be "othered" in the appropriate social context. This article focuses on African American children and their condition, because it is exemplary of how all children who are perceived as children of the "other" are treated and because, in some ways, the treatment of African American children, in a bipolar racial hierarchy, is unique.

The Judicial Transformation Of Social Security Disability: The Case Of Mental Disorders And Childhood Disability, Jennifer L. Erkulwater

Political Science Faculty Publications

A full account of the judicial influence on Social Security disability programs would require a book-length, perhaps even encyclopedia-length, treatise and would take us far afield from our present concern. This article focuses narrowly on the activities of Legal Services attorneys, mental health reformers, and children's advocates. Although mental health reformer groups are only one of many antipoverty organizations involved in advocacy efforts on behalf of the disabled poor, they have been among the most persistent, the most active, and the most successful in using a litigation strategy to achieve their larger policy goals. According to one Social Security official, …

Empathy, Spring, And The Fervorino, Susan Bennett

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Our Welfare: Doing Good And Being Happy, Aviam Soifer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts

Maryland Law Review

No abstract provided.

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.

Symposium - Welfare Reform Ends In 2002: What's Ahead For Low-Income And No-Income Families? Introduction, Karen Syma Czapanskiy

Maryland Law Review

No abstract provided.

Reconciling Welfare Devolution And Due Process Protection, Cheryl M. Miller

Maryland Law Review

No abstract provided.

Children In Poverty: Reconciling Children's Interests With Child Protective And Welfare Policies, Sarah H. Ramsey

Maryland Law Review

No abstract provided.

Legal Services Corp. V. Velazquez: A Problematic Commingling Of Unconstitutional Conditions And Public Fora Analyses Yields A New Grey Area For Free Speech, Christopher A. Gozdor

Maryland Law Review

No abstract provided.

Parents, Children, And Work-First Welfare Reform: Where Is The C In Tanf?, Karen Syma Czapanskiy

Maryland Law Review

No abstract provided.