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Full-Text Articles in Law

Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring Jan 2008

Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring

Articles

Public child welfare systems rely heavily on kin to serve as foster parents, requiring public actors to consider and choose among different types of available kin (e.g. maternal grandmothers, paternal grandfathers, matrilateral aunts). Behavioral biology researchers have been exploring kinship relationships and the expected level of investment in child care for different types of kin. This paper explains the relevance to kinship foster care of behavioral biology research on kinship relationships and expected levels of parental investment. This research allows for the development of a rank listing of second-degree kin in terms of their likely level of investment in ...


Core Values In Conflict: The United States Approach To Economic Assistance To The Elderly, Lawrence A. Frolik Jan 2008

Core Values In Conflict: The United States Approach To Economic Assistance To The Elderly, Lawrence A. Frolik

Articles

In devising programs to assist the elderly, the United States has, for the most part, rejected the social welfare model, which is premised on a belief that the government has an obligation to care for the elderly. Many Americans believe that beyond a minimum safety net, the government should not, and likely cannot, save everyone from every bad outcome. Individuals must accept personal responsibility and care for themselves. As a result of this conflict in values, the United States does not usually operate programs modeled on social insurance, but rather provides care to those identified as 'needy'. The degree of ...


An Inclusive, Progressive National Savings And Financial Services Policy, Michael S. Barr Jan 2007

An Inclusive, Progressive National Savings And Financial Services Policy, Michael S. Barr

Articles

How many of us walk by the signs for "Checks Cashed Here," "Money Orders for Sale," and "Payday Loans: Get Cash Quick" without thinking about the implications of those signs for the daily lives of lower-income households? Most of us can take for granted getting our paychecks directly deposited into our bank accounts, writing a check, or storing our money in an account. We often struggle to save for longer-term goals, such as our children's education, or retirement, but most of us, most of the time, do not worry whether our savings or insurance will be enough to get ...


Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel Jan 2007

Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel

Articles

In this Article, I will identify and discuss the harms that would have occurred had the Schindlers won the Schiavo Case - the harms both to Terri Schiavo in the private case and the larger set of harms to public policy in the public case. The Schindlers fought Michael Schiavo on a variety of battlegrounds - the Florida courts, the Florida legislative and executive branches, the federal courts, and eventually Congress. Had they definitively prevailed in any of these forums, the consequences for end-of-life decisionmaking would have been largely the same. Had they prevailed in Congress or even in the state legislative ...


Is A Guardian The Alter Ego Of The Ward?, Lawrence A. Frolik Jan 2007

Is A Guardian The Alter Ego Of The Ward?, Lawrence A. Frolik

Articles

A guardian has a fiduciary relationship to the ward, but what exactly does that mean? Certainly a guardian is expected to act in the best interests of the ward, but how are those interests determined? Guardians are encouraged to act just as the ward would, but that implies that a guardian is closer to being an agent of the ward than a fiduciary. Yet a guardian must reconcile that agent like duty with obligations to the court who appointed him. In light of the perceived value of implementing the wishes of the ward, increasingly, appointing courts have come to treat ...


An Essay On The Need For Subsidized, Mandatory Long-Term Care Insurance, Lawrence A. Frolik Jan 2007

An Essay On The Need For Subsidized, Mandatory Long-Term Care Insurance, Lawrence A. Frolik

Articles

Imagine yourself in a room with 100 persons, all age sixty. Of the group, fifty-three are women and forty-seven are men. Racially and ethnically they mirror the population of Americans age sixty. Now answer the question: "Before the 100 die, how many will require long-term care and, on the average, for how many days and at what cost?" Give up? So do I. While it is common knowledge that many of us will need long-term care, no one seems to know how many will need such care or for how long. And some of you will ask, 'What do you ...


A Comment On Nielsen's And Albiston's Sample Selection Methodology, And Implications For The 'Have-Nots', Laura Nyantung Beny Jan 2006

A Comment On Nielsen's And Albiston's Sample Selection Methodology, And Implications For The 'Have-Nots', Laura Nyantung Beny

Articles

Professors Nielsen and Albiston revisit the 1978 article, The Public Interest Law Industry, by Joel F. Handler, Betsy Ginsberg, and Arthur Snow, which presents an empirical study of the public interest law ("PIL") industry in the mid-1970s. At that time, there were only eighty-six PIL firms or public interest law organizations ("PILOs") in existence in the United States. Then, PILOs tended to be small, had relatively small operating budgets, received most of their funds from private sources, and tended to focus most of their effort in a single substantive area, among other characteristics noted by Professors Nielsen and Albiston. However ...


Credit Where It Counts: Maintaining A Strong Community Reinvestment Act, Michael S. Barr Jan 2006

Credit Where It Counts: Maintaining A Strong Community Reinvestment Act, Michael S. Barr

Articles

The Community Reinvestment Act (CRA) has helped to revitalize low- and moderate-income communities and provided expanded opportunities for low- and moderate-income households. Recent regulatory steps aimed at alleviating burdens on banks and thrifts are unwarranted, and may diminish small business lending as well as community development investments and services. This policy brief explains the rationale for CRA, demonstrates its effectiveness, and argues that the recent regulatory proposals should be withdrawn or significantly modified.


Tax Preparation Services For Low- And Moderate-Income Households: Preliminary Evidence From A New Survey, Michael S. Barr, Jane K. Dokko Jan 2006

Tax Preparation Services For Low- And Moderate-Income Households: Preliminary Evidence From A New Survey, Michael S. Barr, Jane K. Dokko

Articles

Recently, researchers have begun to examine the financial service patterns of low- and moderate-income households. These behaviors are of interest because high cost financial services, barriers to saving, the lack of insurance, and credit constraints contribute to poverty and other socioeconomic conditions . Many low- and moderate-income households use alterna­tive financial service (AFS) providers, such as check cashers, for their financial services needs. Tax preparation firms are among the important financial service providers in the lives of low-income households. Such firms help households navigate the complicated process of filing their taxes, and many low-income households obtain sizeable tax refunds. At ...


Foster Care Safety And The Kinship Cue Of Attitude Similarity, David J. Herring Jan 2006

Foster Care Safety And The Kinship Cue Of Attitude Similarity, David J. Herring

Articles

This article brings behavioral biology research on attitude similarity as a kinship cue to bear on the laws, policies, and practices surrounding the placement of children in foster care. The basic logic of the article relies on the nature and power of kinship cues. Individuals perceive others as kin through fallible, often unconscious mechanisms. Because these mechanisms are fallible, individuals may come to believe that unrelated persons are kin.

Once a cue gives rise to the perception of kinship, the individual who acquires this perception about another person is more likely to treat that other person favorably, providing important benefits ...


Capitalism, Social Marginality, And The Rule Of Law's Uncertain Fate In Modern Society, Ahmed A. White Jan 2005

Capitalism, Social Marginality, And The Rule Of Law's Uncertain Fate In Modern Society, Ahmed A. White

Articles

The rule of law is liberalism's key juridical aspiration. Yet its norms, centered on the principles of legality and legal generality, are being compromised all over the political and legal landscape. For decades, the dominant explanation of this worrying condition has focused mainly on the rise of the welfare state and its apparent incompatibility with the rule of law. But this approach, though shared by a politically diverse range of scholars, is outdated and misconceives the problem. A central function of the modem state has always been to prevent capitalism's inherent tendencies toward social marginalization from devolving into ...


Detroit Area Study On Financial Services: What? Why? How?, Michael S. Barr Jan 2005

Detroit Area Study On Financial Services: What? Why? How?, Michael S. Barr

Articles

The following article is based on a talk give by Assistant Professor of Law Michael S. Barr to the University of Texas Law School-Harvard Law School Joint Conference on Commercial Law Realities in Austin, Texas, in April. Barr was selected by the University of Michigan’s Institute for Social Research, Survey Research Center to be the faculty investigator for the Detroit Area Study, which the University has conducted for more than 50 years. Barr is using the study to explore the financial services needs of low- and moderate-income households, building on his groundbreaking analysis in Banking the Poor. Barr raised ...


Credit Where It Counts: The Community Reinvestment Act And Its Critics, Michael S. Barr Jan 2005

Credit Where It Counts: The Community Reinvestment Act And Its Critics, Michael S. Barr

Articles

Despite the depth and breadth of U.S. credit markets, low- and moderate-income communities and minority borrowers have not historically enjoyed full access to credit. The Community Reinvestment Act (CRA) was enacted in 1977 to help overcome barriers to credit that these groups faced. Scholars have long leveled numerous critiques against CRA as unnecessary, ineffectual, costly, and lawless. Many have argued that CRA should be eliminated. By contrast, I contend that market failures and discrimination justify governmental intervention and that CRA is a reasonable policy response to these problems. Using recent empirical evidence, I demonstrate that over the last decade ...


Banking The Poor, Michael S. Barr Jan 2004

Banking The Poor, Michael S. Barr

Articles

Low-income households often lack access to banking accounts and face high costs for transacting basic financial services through check cashers and other alternative financial service providers. These families find it more difficult to save and plan financially for the future. Living paycheck to paycheck leaves them vulnerable to medical or job emergencies that may endanger their financial stability, and lack of longer-term savings undermines their ability to improve skills, purchase a home, or send their children to college. Additionally, high cost financial services and inadequate access to bank accounts may undermine widely shared societal goals of reducing poverty, moving families ...


Reparations As Redistribution, Kyle D. Logue Jan 2004

Reparations As Redistribution, Kyle D. Logue

Articles

The most controversial, and most intriguing, remedy sought by proponents of slavery reparations involves massive redistribution of wealth from whites to blacks within the United States. This is not to say that reparations proponents have focused only on racial redistribution. Some have called for an official apology from the U.S. government. Others seek the creation of a foundation or institute, funded by U.S. tax dollars, to be devoted to furthering the interests of African Americans, including the funding of K- 12 educational programs for black children and the funding of general civil rights advocacy to counteract the lingering ...


Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring Jan 2004

Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring

Articles

The Westermarck theory maintains that incest avoidance arises from the physical proximity of siblings during a critical period of early childhood. This proximity gives rise to an inhibiting effect on post childhood sexual interest. Two recent studies of sibling relationships have verified and refined the Westermarck theory, indicating that the critical period extends through the first four years of childhood.

The theory and the studies have implications for child welfare laws, policies and practices surrounding the placement of siblings in foster care. Namely, the findings provide powerful reasons for placing siblings together during the critical period in order to minimize ...


Why We Need The Independent Sector: The Behavior, Law, And Ethics Of Not-For-Profit Hospitals, Jill R. Horwitz Jan 2003

Why We Need The Independent Sector: The Behavior, Law, And Ethics Of Not-For-Profit Hospitals, Jill R. Horwitz

Articles

Among the major forms of corporate ownership, the not-for-profit ownership form is distinct in its behavior, legal constraints, and moral obligations. A new empirical analysis of the American hospital industry, using eleven years of data for all urban general hospitals in the country, shows that corporate form accounts for large differences in the provision of specific medical services. Not-for-profit hospitals systematically provide both private and public goods that are in the public interest, and that other forms fail to provide. Two hypotheses are proposed to account for the findings, one legal and one moral. While no causal claims are made ...


A Short History Of Poverty Lawyers In The United States, Deborah J. Cantrell Jan 2003

A Short History Of Poverty Lawyers In The United States, Deborah J. Cantrell

Articles

No abstract provided.


Redistributing Optimally: Of Tax Rules, Legal Rules, And Insurance, Kyle D. Logue, Ronen Avraham Jan 2003

Redistributing Optimally: Of Tax Rules, Legal Rules, And Insurance, Kyle D. Logue, Ronen Avraham

Articles

From the beginning of the law and economics movement, normative legal economists have focused almost exclusively on evaluating the efficiency of alternative legal rules. The distributional consequences of legal rules, therefore, have largely been ignored. It is tempting to conclude that legal economists are hostile or indifferent to concerns of distributional fairness. In fact, however, the discipline of economics has a great deal to say about distributional policy. The normative branch of economics, known as welfare economics, has always been deeply concerned with distributional issues. It is not that welfare economists purport to know a priori the "right" or "optimal ...


Child Placement Decisions: The Relevance Of Facial Resemblance And Biological Relationships, David J. Herring Jan 2003

Child Placement Decisions: The Relevance Of Facial Resemblance And Biological Relationships, David J. Herring

Articles

This article discusses two studies of evolution and human behavior addressing child-adult relationships and explores implications for policies and practices surrounding placement of children in foster homes. The first study indicates that men favor children whose facial features resemble their own facial features. This study may justify public child welfare decisionmakers in considering facial resemblance as they attempt to place children in safe foster homes.

The second study indicates that parents are likely to invest more in children who are biologically related to them, thus enhancing their long term well-being. Among other implications, this study may justify public child welfare ...


Access To Financial Services In The 21st Century: Five Opportunities For The Bush Administration And The 107th Congress (Symposium On Poverty And The Law)., Michael S. Barr Jan 2002

Access To Financial Services In The 21st Century: Five Opportunities For The Bush Administration And The 107th Congress (Symposium On Poverty And The Law)., Michael S. Barr

Articles

Noticeably absent from debate over President Bush's agenda is any discussion of a central question for equality of opportunity in the 21st century. Access to financial services is the "passport" to our modem economy, as former Treasury Secretary Lawrence H. Summers oft said, but despite the enormous progress that has been made over the last decade, too many families in the United States still are left out of the financial services mainstream. There are five key opportunities that the Bush Administration, working with Congress and the private sector, can seize in order to continue to democratize access to financial ...


Justice For Interests Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell Jan 2002

Justice For Interests Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell

Articles

No abstract provided.


Behavioral Genetics And The Best Interests Of The Child Decision Rule, David J. Herring Jan 2002

Behavioral Genetics And The Best Interests Of The Child Decision Rule, David J. Herring

Articles

This article proposes that modern child custody law should be reassessed in light of recent scientific findings. Judicial determinations of custody use the "best interests of the child" rule. The rule is justified to a large extent by the goal of maximizing child developmental outcomes. The assumption is that a child whose "best interests" are protected stands a better chance of becoming a socially well-adjusted, productive and prosperous citizen.

Recent child development studies have shown that so-called "shared environment," or home environment factors have little effect on child development so long as the shared environment is minimally adequate. Genetics and ...


The Pro Bono Priority: The University Of Michigan's Approach To Instilling Public Service, Robert E. Precht, Suellyn Scarnecchia Jan 2001

The Pro Bono Priority: The University Of Michigan's Approach To Instilling Public Service, Robert E. Precht, Suellyn Scarnecchia

Articles

The Pro Bono Priority is a two-part feature on pro bono service in Michigan law schools. in Crossing the Bar, the column of the Legal Education Committee, Dolores M. Coulter discusses how Michigan law schools measure up to the recommendations made in Learning to Serve, the report of the Commission on Pro Bono and Public Service Opportunities from the Association of American Law Schools. In the Access to Justice column, Robert E. Precht and Suellyn Scarnecchia focus specifically on the University of MichiHgan's unique approach to pro bono service.


The Current Life Insurance Crisis: How The Law Should Respond, Kyle D. Logue Jan 2001

The Current Life Insurance Crisis: How The Law Should Respond, Kyle D. Logue

Articles

This article explores some of the issues raised by the new evidence of underinsurance. Part I explores the initial theoretical question: why do people buy life insurance? Put differently, what function does life insurance serve? Part II provides some background on the life insurance market as it currently exists. Thus, Part II summarizes the major types of life insurance that are currently offered and summarizes the main elements of the current regulatory regime for life insurance companies. Part III then provides support for the claim that households tend to drastically underconsume life insurance. Section A of that Part summarizes the ...


Managed Care, Autonomy, And Decision-Making At The End-Of-Life, Alan Meisel Jan 1999

Managed Care, Autonomy, And Decision-Making At The End-Of-Life, Alan Meisel

Articles

Some argue that legalizing physician-assisted suicide poses intolerable risks, especially as we move from a system of fee-for-service health care to managed care. Although we need to be concerned about physician-assisted suicide in the context of managed care, physician-assisted suicide poses risks in a fee-for-service system too. In addition, we need to be concerned about the risks posed not only by physician-assisted suicide but also by the well-accepted practice of forgoing life-sustaining treatment. Instead of focusing on the manner of hastening death or the type of health care system, we need to show more concern for protections to assure that ...


Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White Jan 1999

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Articles

No abstract provided.


An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia Jan 1997

An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia

Articles

Given the myriad of professionals involved in protecting children from abuse and neglect, legal practice in the field of child protection requires an understanding of the various disciplines these professionals represent. Professor Scarnecchia argues that such an understanding is necessary in order for the attorney to serve as a zealous advocate for her client. In hopes of creating this understanding in students at the University of Michigan, an interdisciplinary seminar in child abuse and neglect has been created. Professor Scarnecchia details the substantive content of the seminar, discussing specific issues that arise in protecting children. She explains that by using ...


Recent Development, Public Housing In Singapore: The Use Of Ends-Based Reasoning In The Quest For A Workable System, Aya Gruber Jan 1997

Recent Development, Public Housing In Singapore: The Use Of Ends-Based Reasoning In The Quest For A Workable System, Aya Gruber

Articles

No abstract provided.


Fathers, The Welfare System, And The Virtues And Perils Of Child-Support Enforcement, David L. Chambers Jan 1995

Fathers, The Welfare System, And The Virtues And Perils Of Child-Support Enforcement, David L. Chambers

Articles

For half a century, Aid to Families with Dependent Children ("AFDC")' -the program of federally supported cash assistance to low-income families with children-has been oddly conceived. Congress has chosen to make assistance available almost solely to low-income single-parent families, not all low-income parents with children. At first many of the eligible single parents were women whose husbands had died. Over time, a growing majority were women who had been married to their children's father but who had separated or divorced. Today, to an ever increasing extent, they are women who were never married to the fathers of their children ...