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Social Welfare Law Commons

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Civil Rights and Discrimination

2012

Medicaid

Articles 1 - 2 of 2

Full-Text Articles in Social Welfare Law

The Place Of Law In Ivan Illich's Vision Of Social Transformation, Bruce K. Miller Jan 2012

The Place Of Law In Ivan Illich's Vision Of Social Transformation, Bruce K. Miller

Faculty Scholarship

This Article discusses Ivan Illich’s direction for social reform that led to his book, "Tools for Conviviality", where Illich targeted development, technology, and the exploitation of nature. Illich identified three key cultural institutions that needed to be reclaimed in order to bring about an inversion of industrial society: science, language, and law. This Article focuses on the rule of law and its central institutional invention—formal adjudication.

The Author suggests that Illich’s idealism can still be found in the law reform litigation effort and identifies the diminished stature of the ideal of disinterested adjudication as a significant threat to Illich’s hopes …


Equal Protection, Immigrants And Access To Health Care And Welfare Benefits, Mel Cousins Dec 2011

Equal Protection, Immigrants And Access To Health Care And Welfare Benefits, Mel Cousins

Mel Cousins

The introduction of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) led to considerable litigation on the rights of immigrants to welfare benefits and access to health care. There was considerable divergence between the approaches adopted by the different courts (both federal and State) based, in part, on the different statutory schemes involved but also on different approaches to equal protection. However, none of the cases reached the Supreme Court so the ‘correct’ approach remained unclarified. Perhaps inspired by the fiscal crisis of 2008, several States have again excluded certain legal immigrants from the scope of State …