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Articles 1 - 10 of 10
Full-Text Articles in Law
Social Security And The Stock Market: How The Pursuit Of Market Magic Shapes The System, Alicia Haydock Munnell, Steven A. Sass
Social Security And The Stock Market: How The Pursuit Of Market Magic Shapes The System, Alicia Haydock Munnell, Steven A. Sass
Upjohn Press
Munnell and Sass explore whether equities could help solve the woes facing the U.S. retirement income system in general, and the Social Security shortfall in particular. They examine the experiences of three nations that added equities to the investment mix of their retirement systems—the U.K., Australia, and Canada. As these experiences show, while equities promise higher returns than government bonds, how they are implemented—as add-ons, carve-outs, or as trust fund supplements—matters greatly.
Between Empathy And Economy: The Struggle Over The Substantial Evidence Standard In Social Security Disability Determinations, Elaine Wyder-Harshman
Between Empathy And Economy: The Struggle Over The Substantial Evidence Standard In Social Security Disability Determinations, Elaine Wyder-Harshman
Seventh Circuit Review
An administrative law judge's decision to deny a claim for Social Security Disability Insurance benefits must be supported by substantial evidence. In practice, the application of this standard has varied as the Seventh Circuit has struggled over the degree of deference that should be accorded to the administrative law judge's findings. This article examines the Seventh Circuit's most recent attempts to advance a standard in terms of the broad objectives of the Social Security Disability Insurance program and a renewed emphasis on the investigatory role of the administrative law judge.
The Four Pillars Of Work Law, Orly Lobel
The Four Pillars Of Work Law, Orly Lobel
Michigan Law Review
In our contemporary legal landscape, a student wishing to study the law of the workplace has scarce opportunity to encounter an integrated body of scholarship that analyzes the labor market as the subject of government regulation, contractual duties, collective action, and individual rights. Work law developed in the American legal system as a patchwork of common law doctrine, federal and state statutes, and evolving social norms. Typical law school curricula often include courses relating to the four pillars of work law: "employment law," "labor law," "employment discrimination," and some variation of a tax-oriented "employee-benefits law." Employment law, in most categorizations, …
The Aging Of The American Workforce, Sara E. Rix
The Aging Of The American Workforce, Sara E. Rix
Chicago-Kent Law Review
The decades immediately following World War II saw a sharp decline in the labor force participation rates of older Americans, due largely to the ever earlier retirement of men. While older persons in search of work have long faced formidable barriers finding it, during the post-war years, the country was becoming richer and using some of the increased wealth to purchase later-life leisure. About twenty years ago, participation rates at upper ages stopped declining and have been inching upward since then. The coming insolvency of the Social Security system, potential labor and skills shortages, and inadequate retirement savings are among …
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
University of Richmond Law Review
No abstract provided.
Foster Children Paying For Foster Care, Daniel L. Hatcher
Foster Children Paying For Foster Care, Daniel L. Hatcher
All Faculty Scholarship
This Article examines the legality and policy concerns of state foster care agencies using children's Social Security benefits as a state funding stream. The practice requires foster children who are disabled or have deceased or disabled parents to pay for their own care. Often with the assistance of private consultants under contingency fee contracts, agencies look for children who are eligible for Social Security benefits and interject themselves as the children's representative payees. Rather than using the benefits to serve the children's unmet needs, the agencies use their fiduciary power to access the children's benefits and apply the funds to …
Full Funding: The Future Of Social Security, Benjamin A. Templin
Full Funding: The Future Of Social Security, Benjamin A. Templin
Benjamin A. Templin
Investing the Social Security Trust Fund in a well diversified portfolio of stocks, bonds, and other investments remains the best hope of continuing to fund social insurance without substantially raising taxes or reducing benefits. The problem with investing the Trust Fund in the market is the politically charged issue of government interference in the investment decision and corporate governance. Three primary solutions have emerged to the problems posed by government investment: (1) personal accounts, (2) index investing, and (3) the incorporation of the Trust Fund into a government-owned private corporation as an investment vehicle for the trust fund. This article …
Social Rights Are Human Rights: Actualizing The Rights To Work And Social Security In Africa, Nsongurua J. Udombana
Social Rights Are Human Rights: Actualizing The Rights To Work And Social Security In Africa, Nsongurua J. Udombana
Cornell International Law Journal
No abstract provided.
Social Welfare Reform: An Analysis Of Germany's Agenda 2010 Labor Market Reforms And The United States' Personal Responsibility And Work Opportunity Reconciliation Act (Prwora) Of 1996, Jennifer Allison
Jennifer Allison
This 2006 student comment presents a historical view of the social welfare systems in the United States and Germany. It then explains and analyzes recent large-scale reforms made to each country's social welfare system - the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 in the United States, which profoundly impacted the availability of welfare benefits to poor Americans, and Germany's Agenda 2010 campaign, which, in accordance with the recommendations of the Hartz Commission, reformed Germany's legislative system of providing benefits to the long-term unemployed.
The Habitual Residence Condition In Irish Social Welfare Law, Mel Cousins
The Habitual Residence Condition In Irish Social Welfare Law, Mel Cousins
Mel Cousins
This article examines the recently introduced habitual residence clause in Irish social welfare law. Part 1 sets out the background to the significant change. Part 2 outlines the legislation. Part 3 discusses the meaning of the term "habitual residence" while Part 4 looks at possible issues under EU law, in particular Council Regulations 1408/71 and 1612/68.1 Part 5 considers the possible impact of other international legal instruments.