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Articles 1 - 14 of 14
Full-Text Articles in Social Welfare Law
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Making Free Speech Affordable: A Discussion Of Legislation To Provide Public Funding To Candidates For The U.S. Congress, Jared S. Cram
Making Free Speech Affordable: A Discussion Of Legislation To Provide Public Funding To Candidates For The U.S. Congress, Jared S. Cram
ExpressO
This article discusses a recent attempt by the U.S. Congress to provide for public financing of campaigns for the House of Representatives. Although a good start, this legislation would not go far enough to ensure that every voice has an opportunity to be heard in federal elections. My article discusses the strengths and weaknesses of this legislation and also provides suggested amendments to make this bill more effective should it become law.
Making Free Speech Affordable provides an in-depth comparison of this proposed legislation with current law at the state level providing for public financing of campaigns. This discussion includes …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Are Rights Efficient? Challenging The Managerial Critique Of Individual Rights, David A. Super
Are Rights Efficient? Challenging The Managerial Critique Of Individual Rights, David A. Super
Faculty Scholarship
This Article contends that enforceable individual rights can improve the efficiency of government operations. The last decade has seen enforceable individual rights eliminated in a wide range of areas, from welfare to the treatment of immigrants and prisoners in U.S. jails to, most recently, the treatment of prisoners in Abu Ghraib and elsewhere overseas. In most instances, opponents of enforceable individual rights have quarreled little with the substantive norms underlying these rights. Instead, they have argued that enforceable legal rights would unduly burden government administration. Supporters of individual rights have tended to concede that they are inefficient, arguing instead that …
Out Of Bounds: San Francisco's Homeless Policies, Alexandra Flynn
Out Of Bounds: San Francisco's Homeless Policies, Alexandra Flynn
ExpressO
Homelessness, both a legal and public policy issue, has dominated the City of San Francisco government agenda for over fifteen years. Despite the front-and-center nature of homelessness, the policies enacted have done little to reduce the count. This paper, first, presents San Francisco’s new approach to the issue; namely, the creation of a new and far more limited class of “chronically homeless” persons. This first section includes an examination of the causes of homelessness, the physical alienation of homeless persons through “quality of life” laws, and recent policy initiatives used to social exclude the bulk of homeless persons by limiting …
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Ohio State University Moritz College of Law Working Paper Series
The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …
Brown’S Legacy: The Promises And Pitfalls Of Judicial Relief, Deborah Jones Merritt
Brown’S Legacy: The Promises And Pitfalls Of Judicial Relief, Deborah Jones Merritt
The Ohio State University Moritz College of Law Working Paper Series
Brown v. Board of Education marked a turning point for both civil rights and judicial activism. During the half century since Brown, social activists of all kinds have sought policy changes from the courts rather than legislatures. That trend has produced social benefits but, over time, it has also shifted political power to elites. This essay explores the possibility of retaining Brown's promise for racial equality while reinvigorating an electoral politics that would better represent many of the people Brown intended to benefit.
The North Korean Nuclear Crisis: Past Failures And Present Solutions, Morse Tan
The North Korean Nuclear Crisis: Past Failures And Present Solutions, Morse Tan
ExpressO
North Korea has recently announced that it has developed nuclear weapons and has pulled out of the six-party talks. These events do not emerge out of a vacuum, and this article lends perspective based on an interdisciplinary lens that seeks to grapple with the complexities and provide constructive approaches based on this well-researched understanding. This article analyzes political, military, historical, legal and other angles of this international crisis.
Past dealings with North Korea have been unfruitful because other nations do not recognize the ties between North Korean acts and its ideology and objectives. For a satisfactory resolution to the current …
Awakening An Empire Of Liberty: Exploring The Roots Of Socratic Inquiry And Political Nihilism In American Democracy, Maurice R. Dyson
Awakening An Empire Of Liberty: Exploring The Roots Of Socratic Inquiry And Political Nihilism In American Democracy, Maurice R. Dyson
ExpressO
This book review timely examines Cornel West’s latest sequel to his 1992 best seller, Race Matters. In Democracy Matters, West unflinchingly examines the waning of democratic energies and nihilistic practices of private and public sector in our present age of democracy. This review takes a critical examination of the logic underpinning West’s arguments, his nomenclature of various nihilism plaguing our society, the sometimes clumsy employment of literary devices and his thesis regarding the ‘niggerization’ of America after 9/11 that can serve as a basis for unifying collective action against imperialism. West makes a compelling argument that the public needs to …
An Experiment In Integrating Critical Theory And Clinical Education, Margaret E. Johnson
An Experiment In Integrating Critical Theory And Clinical Education, Margaret E. Johnson
All Faculty Scholarship
Critical theory is important in live-client clinical teaching as a means to achieve the pedagogical goals of clinical education. Feminist legal theory, critical race theory, and poverty law theory serve as useful frameworks to enable students to deconstruct assumptions they, persons within institutions, and broader society make about the students' clients and their lives. Critical theory highlights the importance of looking for both the "obvious and non-obvious relationships of domination." Thus, critical theory informs students of the presence and importance of alternative voices that challenge the dominant discourse. When student attorneys ignore or are unaware of such voices, other voices …
Community Economic Development Under Protest, Ngai Pindell
Community Economic Development Under Protest, Ngai Pindell
Scholarly Works
Storming Caesars Palace casts the War on Poverty in a new light to illustrate the "rich potential of a poor women's movement for economic justice." Orleck challenges "scholars and policymakers [to] rethink the conventional wisdom that the War on Poverty was a failure." Through "seeing and hearing from welfare mothers in all their complex, contradictory humanity," she hopes to unsettle existing ideas of effective anti-poverty strategies. Orleck is understandably troubled by the glacial pace of progress in the lives of poor people in America, concluding that "after a cacophonous, half-century debate about America's so-called underclass, few creative or genuinely new …
Credit Where It Counts: The Community Reinvestment Act And Its Critics, Michael S. Barr
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 CRA …
The Community Dimension Of State Child Protection, Dorothy E. Roberts
The Community Dimension Of State Child Protection, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha
Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents …