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- Education; right to education; international human rights; San Antonio Independent School District v. Rodriguez; Baltimore; public school; school financing; Supreme Court of the United States; Fourteenth Amendment; due process (1)
- Health Law; Nursing Homes; New York; New Jersey; Massachusetts; Elder Law; Disability Rights; healthcare reform; healthcare; health; hospital; law; policy; COVID-19; elderly; insurance (1)
- Hospital; for-profit hospital; non-profit; healt care; healthcare; health care system; Patient Protection and Affordable Care Act; Affordable Care Act; ACA; Obamacare; health equity; Medicaid; healthcare reform; insurance; health insurance; health; health law; charity care; law; policy; Patient Assistance Program; Big Pharma; Drugs; Perscriptions; Consumer Protection; Law; Policy; Anti-Kickback (1)
- Housing Law; Housing Rights; Tenants Rights; Affordable Housing; NYCHA; New York City Housing Authority; Wealth and Society; Welfare Law; Real Estate Law; Development; Public Private Partnerhsips; State and Local Law; Law and Politics; Law and Society (1)
- Social Security; Social Security Administration; Administrative Law; Administrative Deference; Administrative Agencies; Deference; Separation of Powers; Chevron; Chevron Deference; Judicial Deference (1)
Articles 1 - 5 of 5
Full-Text Articles in Social Welfare Law
Administrative Deference And The Social Security Administration: Survey And Analysis, Nicholas M. Ohanesian
Administrative Deference And The Social Security Administration: Survey And Analysis, Nicholas M. Ohanesian
Journal of Law and Policy
The purpose of this article is to examine the role of administrative deference when decisions of the Social Security Administration are reviewed by federal courts. The concept of administrative deference to administrative agencies in federal courts goes back to the 1930’s during the rise of the New Deal—with the high-water mark reached by the Supreme Court in Chevron v. National Resources Defense Council. Since this point, there has been a growing chorus calling to re-examine or outright roll back the deference owed to these agencies when their decisions are reviewed in federal court. Prior to rewriting the standards, this article …
America’S Constant Crisis Of Care: The Case For Passing A National Direct Care Ratio For Nursing Homes, Marissa Espinoza
America’S Constant Crisis Of Care: The Case For Passing A National Direct Care Ratio For Nursing Homes, Marissa Espinoza
Journal of Law and Policy
For decades, the conditions in America’s nursing homes have been the subject of bombshell media reporting, governmental investigations, and public outrage. Longstanding issues—such as chronic staffing shortages and inadequate infection control measures—were laid bare as the COVID-19 pandemic tore through nursing homes, exposing society’s most vulnerable populations—the elderly and the sick—to appalling living conditions. Amid horrifying media reports documenting life inside nursing homes, and in response to mounting public outrage, legislators sprang into action. The most aggressive policy proposed was a direct care ratio, which caps the profits that nursing home owners can extract from facilities by mandating a minimum …
No Pact With The Devil: Defending & Strengthening New York City’S Permanent Affordability Commitment Together (Pact) - P3, Madeline Martinez
No Pact With The Devil: Defending & Strengthening New York City’S Permanent Affordability Commitment Together (Pact) - P3, Madeline Martinez
Journal of Law and Policy
Faced with the dual threats of a federal receivership and a growing deficit of federal appropriations, in 2018, New York City Mayor Bill DeBlasio enrolled the New York City Housing Authority (“NYCHA”) into the Permanent Affordability Commitment Together (“PACT”). PACT would allow NYCHA to convert its federal Section 9 funding streams into federal Section 8 vouchers and permit the local public housing authority to enter public-private partnerships with private developers. This move would infuse NYCHA with an additional $12.8 billion in funding to counteract its roughly $31.8 billion deficit. However, immediately after the mayor unveiled his plans to pursue PACT, …
The Patient Assistance Problem, Daniel O’Brien Lichtenauer
The Patient Assistance Problem, Daniel O’Brien Lichtenauer
Journal of Law and Policy
Implemented in January 2006 as a voluntary enrollment supplement to standard Medicare plans, Medicare Part D coverage subsidizes the cost of prescription drugs for participants. However, significant gaps in coverage exist for those suffering from rare diseases that require costly drugs. Pharmaceutical companies seek to remove the powerful market force of patient price sensitivity by directly sponsoring or substantially funding “patient assistance programs” that help cover out-of-pocket costs. While pharmaceutical donors insist that their goal is strictly altruistic, the reality is that many of these programs offer a financial windfall for drug makers because they help funnel patients towards new …
Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis
Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis
Journal of Law and Policy
In 1973 the U.S. Supreme Court ruled that education was not a fundamental right, leaving in place systems that continue today to perpetrate vast inequities among school districts. Through a comparative analysis of treaties, constitutions, legislation, and international and state judicial decisions, we demonstrate that education is indeed a fundamental human right, though our constitutional jurisprudence has denied its fundamental right status. We use case studies from Baltimore, a typical city whose residents face economic hardships, to reveal the dire consequences of this ruling. Without the right to an education, schoolchildren in poor systems continue to be deprived of the …