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Articles 1 - 10 of 10
Full-Text Articles in Social Welfare Law
Promoting Equitable Law School Admissions Through Legal Challenges To The Lsat, Al Alston
Promoting Equitable Law School Admissions Through Legal Challenges To The Lsat, Al Alston
Al Alston
No abstract provided.
Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson
Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson
Eve Tilley-Coulson
Relief for battered immigrants is not an obvious national security matter per se, yet remedies are enacted in conjunction with stringent interpretations of immigration law, as though victims pose a security threat. Discrepancies exist between the immigration laws themselves—which attempt to secure the United States from disease, violence, and illegal activity—and the loopholes found within remedies under these laws, unnecessarily removing victims and perpetuating a cycle of fear and abuse. This paper addresses how relief for battered immigrants, when implemented with the priority of protecting national security and immigration legislation, creates and perpetuates negative societal consequences. The economic and societal …
Legalized Lynch Mobs In The 21st Century: Racial Improprieties In The Death Penalty, Betsy A. Daniller
Legalized Lynch Mobs In The 21st Century: Racial Improprieties In The Death Penalty, Betsy A. Daniller
Betsy A Daniller
No abstract provided.
The Dangerousness Of The Status Quo: A Case For Modernizing Civil Commitment Law, Daniel A. Moon
The Dangerousness Of The Status Quo: A Case For Modernizing Civil Commitment Law, Daniel A. Moon
Daniel C Moon
The states, private healthcare organizations, and those with psychiatric disorders are poorly served by the vague “dangerousness” standard endorsed by the United States Supreme Court in O’Connor v. Donaldson, as well as the state statutes that adhere to the high bar set in its holding. This paper explores involuntary civil commitment from a variety of perspectives in order to highlight these issues and to identify where improvements can be made. Specifically, this article proposes that the American Law Institute or the American Bar Association promulgate model rules intended to correct the system’s shortcomings and protect the various interested parties.
Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed
Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed
Abraham Z Melamed
No abstract provided.
Social Capital: Friend Or Foe In The Lives Of Two Prominent Incarcerated Individuals, Froswa Booker-Drew
Social Capital: Friend Or Foe In The Lives Of Two Prominent Incarcerated Individuals, Froswa Booker-Drew
Froswa Booker-Drew
No abstract provided.
The Parent Trap: The Unconstitutional Practice Of Severing Parental Rights Without Due Process Of Law, Kendra H. Fershee
The Parent Trap: The Unconstitutional Practice Of Severing Parental Rights Without Due Process Of Law, Kendra H. Fershee
Kendra H Fershee
In 1997, Congress passed the Adoption and Safe Families Act (ASFA) to stem what it perceived to be an overreliance by states on foster care to provide a safe place for children whose parents had been accused of abuse or neglect. Prior to ASFA, many children were placed in foster care for extended periods of time while their parents were evaluated for their fitness and rehabilitative efforts were made to reunify families. Congress considered the time children spent in foster care as damaging to them because it left them uncertain about where they would live in the future. Congress, in …
"Health Care For All:" The Gap Between Rhetoric And Reality In The Affordable Care Act, Vinita Andrapalliyal
"Health Care For All:" The Gap Between Rhetoric And Reality In The Affordable Care Act, Vinita Andrapalliyal
Vinita Andrapalliyal
The rhetoric of “universal health care” and “health care for all” that pervaded the health care debate which culminated in the Patient Protection and Affordable Care Act (ACA)’s passage. However, the ACA offers reduced to no protections for certain noncitizen groups, specifically: 1) recently-arrived legal permanent residents, 2) nonimmigrants, and 3) the undocumented. This Article explores how the Act fails to ensure “health care for all,” demonstrates the gap between rhetoric and reality by parsing the ACA’s legislative history, and posits reasons for the gap. The ACA’s legislative history suggests that legislators’ biases towards these noncitizen groups, particularly with respect …
Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960’S And 70’S, Joe Custer
Joe Custer
This paper considers a research suggestion from Cass Sunstein to analyze segregation cases from the 1960's and 1970's and whether three hypothesis he projected in the article "Ideological Voting on Federal Courts of Appeals: A Preliminary Investigation," 90 Va. L. Rev. 301 (2004), involving various models of judicial ideology, would pertain. My paper considers Sunstein’s three hypotheses in addition to other judicial ideologies to try to empirically determine what was influencing Federal Court of Appeals Judges in regard to Civil Rights issues, specifically school desegregation, in the 1960’s and 1970’s.
Caught In A Trap - Paternity Presumptions In Louisiana, Evelyn L. Wilson
Caught In A Trap - Paternity Presumptions In Louisiana, Evelyn L. Wilson
Evelyn L. Wilson
This article takes a critical look at revisions to Louisiana's 2005 law on presumptions of paternity and advocates for a change so that the presumptions more often reflects the reality that a child born during a later marriage is the child of the mother's current husband and not the child of the mother's former husband, as the 2005 law now presumes.