Law Commons^™

The United States' Failure To Ratify The International Covenant On Economic, Social And Cultural Rights: Must The Poor Be Always With Us., Ann M. Piccard

The Scholar: St. Mary's Law Review on Race and Social Justice

The United States remains one of only half a dozen U.N. member states that have yet to ratify the International Covenant on Economic, Social and Cultural Rights. The treaty was signed by President Jimmy Carter in 1977, but no steps toward ratification have ever been taken. Meanwhile, the gap between the rich and the poor in this country continues to grow, and is among the highest of any democracy on earth. The United States is historically suspicious of even recognizing economic, social and cultural rights as “rights” that might be amenable to any method of enforcement. As a result, the …

Encouraging Savings Under The Earned Income Tax Credit: A Nudge In The Right Direction, Vada Waters Lindsey

University of Michigan Journal of Law Reform

During 2007, 3.6 million or 9.7% of people in the United States age 65 or older were below the poverty level. In light of the number of elderly people living below the poverty level, it is important that everyone, including low-income workers, have the opportunity to save for retirement. Low-income workers face many challenges to saving for retirement. The barriers to saving include the lack of access to retirement plans and lack of investment savvy. For example, only 42 % of workers employed in service occupations in the private industry have access to employer retirement plans. The percentage drops to …

A Lay Word For A Legal Term: How The Popular Definition Of Charity Has Muddled The Perception Of The Charitable Deduction, Paul J. Valentine

Paul J Valentine

In the United States there is a deeply held conviction “that taxpayers who donate to charity should generally not be subject to the same income tax liability as similarly situated taxpayers.” This innate sense about the Internal Revenue Code’s section 170, otherwise known as the charitable deduction, resonates with the Americans’ sense of fairness and creates strong barriers to curtailing its function. This same sense of fairness is tied to the perceived effects of the charitable deduction. Yet, how “charitable” is the charitable deduction and how charitable do we expect it to be? This paper argues that the discrepancy between …

Avoiding The "Big Black Hole" Of Development Aid: The Legal Promise And Inherent Challenges Of Community-Directed Development, Allison Wells

Allison Wells

In the face of recent natural disasters in places such as Haiti and Pakistan, as well as the chronic underdevelopment in many regions of the world, development aid funnels billions of dollars around the globe every year in an effort to improve the lives of suffering populations. However, the distribution of those funds is constantly controversial, and much is said about the potential for mismanagement in international development, as well as the risk of political paternalism in dictating what needy communities are lacking. Community-Directed Development (CDD) is a growing trend in international aid that improves upon many of these pitfalls …

Legal Representation For The Poor: Can Society Afford This Much Injustice, Stephen B. Bright

Missouri Law Review

A New Yorker cartoon depicts a lawyer facing his client, asking the critical question: "You've got a pretty good case, how much justice can you afford?" Of course, the promise is equal justice for all. But that is an aspiration, not reality. The poor person accused of a crime cannot afford any justice. So how much justice is society going to provide? Competent counsel for the accused, with the resources needed for investigation and consultation with experts, is essential for the proper working of our adversary system of justice. States can afford to provide high quality representation for the accused …

Tanf And Low-Income Family Support: Hearing Before The H. Subcomm. On Income Security And Family Support Of The H. Comm. On Ways And Means, 111th Cong., Mar. 11, 2010 (Statement Of Professor Peter B. Edelman, Geo. U. L. Center), Peter B. Edelman

Testimony Before Congress

TANF should be a work-based safety net that strengthens families. The history of the past fourteen years shows the way to improving it for the future. It would be more successful in promoting work if it analyzed the individual needs and challenges of recipients and provided tailored education, training, support services, and other assistance to help people get and keep jobs. It would be more successful as a safety net if benefits were increased and if people in need could succeed in greater numbers in gaining access to the program.

A Million Little Takings, Dru Stevenson

Dru Stevenson

IOLTA programs are a very popular mechanism for funding legal services for the poor, and are now operating in every state. As a result, however, IOLTA has become the most frequent and widespread instance of government takings of private property in America. The post-Kelo era has seen increasing legislative restrictions on takings, and the post-Kelo reforms in several states appear to have inadvertently made their respective IOLTA programs illegal by banning all takings where the government immediately gives the taken property to another private party (in this case, private poverty-law foundations and legal aid clinics). IOLTA takings also highlight a …

Affirmative Action: Where It Was, Where It Is, And Where It Should Go, Lawrence Opisso

Lawrence Opisso

A comment on the history of affirmative action, its current state, and a perspective on its future. This comment focuses on affirmative action moving toward a poverty-based solution to social inequities.

Migrant Workers In Saudi Arabia, Sarah Jessup

Human Rights & Human Welfare

One of the wealthiest countries in the Middle East, the Kingdom of Saudi Arabia is also one of the largest exporters of oil, and as such, one of the most influential in the region. Despite this, more than 50 per cent of the work force (nearly 6 million people) in the Saudi Arabia are migrant workers (FIDH, 2003, 3). They contribute billions of dollars each year to their home countries through remittances. With such a large population hailing from outside the Kingdom, it would seem that transnational migrants would have a larger voice in the rights and freedoms they are …

The Loss Of Egypt’S Children, Cindy Ragab

Human Rights & Human Welfare

Under the fierce rays of the desert sun, in the heat of the summer, young children are forced to remove pests from cotton crops for eleven hours per day, search for recyclable goods among animals and the pungent stench of city dumps, and are sold to elderly male tourists through temporary marriages by their parents. This is the hideous reality for millions of child laborers in Egypt. Child labor is a manifestation of the pains of extreme poverty on the world’s most vulnerable population. Childhood is lost. Children are forced to take on responsibilities that in normal circumstances push adults …

Stratification Of The Welfare Poor: Intersections Of Gender, Race & "Worthiness" In Poverty Discourse And Policy, Bridgette Baldwin

Faculty Scholarship

This Article analyzes the historical, cultural and legal treatments and representations of poor black women from Progressive Era philanthropic aid to early "work-to-welfare" reform protocol. When black women serve as the case study for a larger examination of social policy issues we see that welfare was rarely meant to remedy the structural crunch of poverty. Working class black women have been at the center of the construction of the poor and serve as the designation to determine which people deserve to be compensated for being poor.

Furthermore, the Author discusses both the ramifications and rationale of why the government never …

Property Rights & The Demands Of Transformation, Bernadette Atuahene

Michigan Journal of International Law

Countries like those in Southern Africa will never emerge from the indomitable shadow of inequity and the serious threat of backlash unless real property is redistributed; but, the conception of property these countries explicitly or implicitly adopt can adversely affect their ability to redistribute. Under the classical conception of real property (the classical conception), redistribution is difficult because title deed holders are a privileged group who are given nearly absolute property protection. Strangely, the classical conception is ascendant in many transitional states where redistribution is essential. The specific question this Article addresses is: for states where past property dispossession has …

Ahistorical Indians And Reservation Resources, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.

Income Inequality And Poverty In Iran, Katie Susman

Human Rights & Human Welfare

Income inequality is a hindrance to the global fulfillment of human rights, as acknowledged in the Universal Declaration of Human Rights. The Middle East North Africa (MENA) region is experiencing a steady increase of economic disparity. The impact of the global economic environment and the 2008 recession has brought to the forefront the region’s economic reliance on the rest of the world. As a result, a triple “food-fuel-financial” crisis has emerged. This will undoubtedly affect the most impoverished part of the population and could potentially exacerbate the gap between the poor and the rich.

Freedom And Equality On The Installment Plan, Michael Halley

Michigan Law Review First Impressions

A response to Nelson Tebbe & Robert L. Tsai, Constitutional Borrowing, 108 Mich. L. Rev. 462 (2010). Crediting the perception that the Constitution is a poorly cut puzzle whose variously configured pieces don't match, Nelson Tebbe and Robert Tsai propose that the stand-alone parts of freedom and equality can be merged and mutually enlarged through the act of borrowing. They are mistaken. While Thomas Jefferson wrote that ideas may be appropriated without being diminished and so "freely spread from one to another over the globe," the equality and freedom the Constitution addresses as actualities are constrained by a basic, familiar, …

Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.

Binary Economics - An Overview, Robert Ashford

College of Law - Faculty Scholarship

Based on binary economic principles, this paper asserts that one widely overlooked way to empower economically poor and working people in market economy is to universalize the right to acquire capital with the earnings of capital. This right is presently largely concentrated, as a practical matter, in less than 5 % of the population. The concentration of the right to acquire capital with the earnings of capital helps to explain how people either remain poor or end up poor no matter how hard they work or are willing to work. Binary Economics offers a conception of economics that is foundationally …

Maximum Feasible Participation Of The Poor: New Governance, New Accountability, And A 21st Century War On The Sources Of Poverty, Tara J. Melish

Journal Articles

In 1964, President Lyndon B. Johnson called for a Nationwide War on the Sources of Poverty to “strike away the barriers to full participation” in our society. Central to that war was an understanding that given poverty’s complex and multi-layered causes, identifying, implementing, and monitoring solutions to it would require the “maximum feasible participation” of affected communities. Equally central, however, was an understanding that such decentralized problem-solving could not be fully effective without national-level orchestration and support. As such, an Office of Economic Opportunity was established – situated in the Executive Office of the President itself – to support, through …

The State Of The American Child: Securing Our Children’S Future: Hearing Before The Subcomm. On Children & Families Of The S. Comm On Health, Educ., Labor & Pensions, 111th Cong., Nov. 18, 2010 (Statement Of Professor Peter B. Edelman, Geo. U. L. Center), Peter B. Edelman

Testimony Before Congress

You have asked me to reflect on the achievements and disappointments of recent decades with regard to child poverty in our country, on lessons learned, and on what we need to do going forward.

It is impossible to understand child poverty trends without placing them in a context of what has happened to the American economy and to the distribution of income and wealth. Except for the last half of the 1990s, the economic history of the past four decades has been one of near‐stagnation for people with jobs that pay below the median wage in the country ‐‐ the …

A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd

Law Faculty Scholarship

For much of our nation’s history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor’s right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities in the …

Between Starvation And Globalization: Realizing The Right To Food In India, Lauren Birchfield, Jessica Corsi

Michigan Journal of International Law

This Article evaluates People's Union for Civil Liberties v. Union of India & Others (PUCL) through multiple lenses, examining: (1) the necessary factors that contributed to the success of the Public Interest Litigation (PIL) and its enforcement and (2) both the implications and limitations of PUCL as it relates to India's larger economic policy framework. We argue that the development and success of the PUCL litigation have depended in part on provisions of the Indian Constitution amenable to the incorporation and promotion of economic and social rights as well as on a unique relationship between civil society and judicial institutions. …

Saving Private Ryan's Tax Refund: Poverty Relief For All Working Poor Military Families, Francine J. Lipman

Scholarly Works

No abstract provided.

Why The Eitc Doesn’T Make Work Pay, Anne L. Alstott

Law and Contemporary Problems

Alstott offers an evaluation of the significance of the credit and, in a historical spirit, hark back to an earlier, critical perspective on the earned income tax credit (EITC)--a perspective rarely heard in recent years. She argues that these concerns remain apt, despite the expansion of the EITC and oft-repeated praise for its importance as an antipoverty program. Moreover, she highlights three features of U.S. law that constrain the effectiveness of the EITC in improving the wellbeing of low-income workers and their children: labor and employment laws that structure markets that produce low wages and harsh working conditions, laws that …

Governance, Accountability And The New Poverty Agenda, Wendy A. Bach

Scholarly Works

Across the country a new poverty agenda is emerging. These efforts are limited by the political consensus that has emerged since welfare reform and focus, as has always been the case, on the “deserving” - in today’s iteration, primarily the working poor. Mirroring national and international trends, the means of governance of these new social welfare programs has also begun to change. Where once there was a set of programs ostensibly controlled through law and regulations, in growing pockets there is now radical devolution and abandonment of traditional legal and rule making structures. Experiments in policy, program structure, and governance …

A Structural Vision Of Habeas Corpus, Eve Brensike Primus

Articles

As scholars have recognized elsewhere in public law, there is no hermetic separation between individual rights and structural or systemic processes of governance. To be sure, it is often helpful to focus on a question as primarily implicating one or the other of those categories. But a full appreciation of a structural rule includes an understanding of its relationship to individuals, and individual rights can both derive from and help shape larger systemic practices. The separation of powers principle, for example, is clearly a matter of structure, but much of its virtue rests on its promise to help protect the …

Litigation Strategies For Dealing With The Indigent Defense Crisis, Eve Brensike Primus

Articles

The indigent defense delivery system in the United States is in a state of crisis. Public defenders routinely handle well over 1,000 cases a year, more than three times the number of cases that the American Bar Association says one attorney can handle effectively. As a result, many defendants sit in jail for months before even speaking to their court-appointed lawyers. And when defendants do meet their attorneys, they are often disappointed to learn that these lawyers are too overwhelmed to provide adequate representation. With public defenders or assigned counsel representing more than 80% of criminal defendants nationwide, the indigent …

Microfranchising: A Business Approach To Fighting Poverty, Deborah Burand, David W. Koch

Articles

Imagine a franchise network that trains, guides, and supports hundreds of poor women with little or no business experience to become successful business owners. Such "microfranchise" efforts, though relatively small in number, have been gathering steam in the development community and, recently, attracting the attention of the mainstream franchising indus- Deborah Burand try. Advocates have seized on microfranchising as a natural complement or follow-on to the widely acclaimed successes of the "microfinance" sector, which provides small-scale finance services to over 150 million of the world's poor. Microfranchising today is where microfinance was a decade or more ago. It is appropriate …

Evaluating South Africa's Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan Marshfield

Jonathan Marshfield

The Development Of Gender Within The Particular Social Group Definition Under The United Nations Refugee Convention And United States Immigration Law: Case Studies Of Female Asylum Seekers From Cameroon, Eritrea, Iraq And Somalia, T S. Twibell

Ty Twibell

Murder Most Foul: The Death Penalty And The Disadvantaged, Abdaal M. Akhtar

Abdaal M Akhtar

The paper explores how the death penalty is intrinsically unfair in the way it is administered, as it provides ample scope for judges and juries to enforce their own biases and prejudices, racial or otherwise.