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Articles 1 - 7 of 7
Full-Text Articles in Law
Distributive Injustice And Private Law, Aditi Bagchi
Distributive Injustice And Private Law, Aditi Bagchi
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Imperfect rights are not held against any single person, and when violated, they do not ground a claim for any particular quantum of redress. The right to an adequate income may be an imperfect right. Because imperfect rights have been asserted only as claims against the state, and because they do not lend themselves to constitutional adjudication, they have had little traction. In my paper, I will emphasize that any claim on the state is derivative from the right held as against other citizens. Even those who believe that individuals have perfect social rights against the state should concede an …
Well-Being, Inequality And Time: The Time-Slice Problem And Its Policy Implications, Matthew D. Adler
Well-Being, Inequality And Time: The Time-Slice Problem And Its Policy Implications, Matthew D. Adler
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Should equality be viewed from a lifetime or “sublifetime” perspective? In measuring the inequality of income, for example, should we measure the inequality of lifetime income or of annual income? In characterizing a tax as “progressive” or “regressive,” should we look to whether the annual tax burden increases with annual income, or instead to whether the lifetime tax burden increases with lifetime income? Should the overriding aim of anti-poverty programs be to reduce chronic poverty: being badly off for many years, because of low human capital or other long-run factors? Or is the moral claim of the impoverished person a …
Fighting Poverty With Faith: Reflections On Ten Years Of Charitable Choice, Michele E. Gilman
Fighting Poverty With Faith: Reflections On Ten Years Of Charitable Choice, Michele E. Gilman
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Since 1996, the federal government has undertaken major initiatives to fund religious organizations to deliver social services. These programs, called charitable choice, continue to expand and now account for over $2 billion in social welfare spending. However, charitable choice blurs the lines between church and state and is thus highly controversial. This article reflects on ten years of experience with charitable choice and assesses the impact and effectiveness of these programs. There is little empirical evidence that faith-based social services are superior to secular programs. Moreover, religious grantees, and congregations in particular, are often unable to manage large federal grants …
If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele E. Gilman
If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele E. Gilman
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This article analyzes whether President Bush's charitable choice executive orders, which permit religious organizations to apply for federal funds to deliver social services, are a permissible exercise of presidential power. Although Congress has enacted charitable choice provisions in some major statutes, including the 1996 welfare reform act, it debated but did not extend charitable choice throughout the entire federal human services bureaucracy, as do the President's executive orders. The core question the article examines is whether President Bush's charitable choice executive orders constitute permissible gap-filling of ambiguous statutes under the Chevron doctrine or impermissible exercises of executive lawmaking under Youngstown …
Child Support Harming Children: Subordinating The Best Interests Of Children To The Fiscal Interests Of The State, Daniel L. Hatcher
Child Support Harming Children: Subordinating The Best Interests Of Children To The Fiscal Interests Of The State, Daniel L. Hatcher
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This Article examines the government policy of seeking reimbursement of welfare costs through child support enforcement. Under our welfare program, Temporary Aid to Needy Families (TANF), custodial parents applying for benefits are required to establish child support obligations against the absent parents and to assign the resulting child support payments to the government. As a result, half of the $105 billion in national child support debt is owed to the government rather than to children. The government's fiscal interests are in direct conflict with the best interests of the children - the controlling legal standard in child support matters. The …
Musical Chairs And Tall Buildings: Teaching Poverty Law In The 21st Century, Amy L. Wax
Musical Chairs And Tall Buildings: Teaching Poverty Law In The 21st Century, Amy L. Wax
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No abstract provided.
Child Welfare's Paradox, Dorothy E. Roberts
Child Welfare's Paradox, Dorothy E. Roberts
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No abstract provided.