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Full-Text Articles in Law
Funding For Programs That Work: Lessons From The Federal Home Visiting Program, Philip G. Peters Jr.
Funding For Programs That Work: Lessons From The Federal Home Visiting Program, Philip G. Peters Jr.
Faculty Publications
Congress spends hundreds of billions of dollars each year on social programs. Many don’t work. Congress and the President have called for greater reliance on evidence-based programs. Thus far, however, only one major federal program conditions state access to formula-based federal funding on the use of evidence-based practices: the Maternal, Infant, and Early Childhood Home Visiting Program. In this Article, I examine the extent to which this initial effort has succeeded and conclude that Congress has taken a promising first step, but attainment of its objective will require more demanding proof standards than those contained in the current Home Visiting …
Arbitrability In Recent Federal Civil Rights Legislation: The Need For Amendment, Douglas E. Abrams
Arbitrability In Recent Federal Civil Rights Legislation: The Need For Amendment, Douglas E. Abrams
Faculty Publications
This Article discusses the shortcomings inherent in the consideration and enactment of the arbitrability provisions of the ADA and the 1991 Civil Rights Act. As a threshold matter, Part II demonstrates that the latter Act's textual encouragement of arbitration indicates that Congress misapprehended the effect of Gilmer, which the Supreme Court had decided barely six months before the Act's passage. Specifically, this Part will argue that after Gilmer, textual encouragement of arbitration has little or no greater legal significance than textual silence would have. In the few decades before the decision, textual encouragement would have had significant impact because particular …