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Articles 1 - 30 of 31
Full-Text Articles in Social Welfare Law
Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold
Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold
Indiana Law Journal
Accidental infringement of patent rights is a pervasive and growing problem in the Information Age. As IP rights proliferate and expand in scope, it is becoming increasingly easy for companies and individuals to inadvertently infringe patents. When such accidental infringement occurs, patent law holds the infringer strictly liable. This contrasts with many areas of tort law where defendants are only liable if they act negligently.
This Article questions the normative desirability of strict liability in patent law. Assuming the primary value of patent law is utilitarian, this Article poses the research question: what liability rule will maximize social welfare? This …
Opioid Policing, Barbara Fedders
Opioid Policing, Barbara Fedders
Indiana Law Journal
This Article identifies and explores a new, local law enforcement approach to alleged drug offenders. Initially limited to a few police departments, but now expanding rapidly across the country, this innovation takes one of two primary forms. The first is a diversion program through which officers refer alleged offenders to community-based social services rather than initiate criminal proceedings. The second form offers legal amnesty as well as priority access to drug detoxification programs to users who voluntarily relinquish illicit drugs. Because the upsurge in addiction to —and death from—opioids has spurred this innovation, I refer to it as “opioid policing.” …
Criminalizing Pregnancy, Cortney Lollar
Criminalizing Pregnancy, Cortney Lollar
Indiana Law Journal
The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her preg-nancy. Tennessee’s 2014 assault statute was the first to explicitly criminalize the use of drugs by a pregnant woman. But this law, along with others like it being considered by legislatures across the country, is only the most recent manifestation of a long history of using criminal law to punish poor mothers and mothers of color for their behavior while pregnant. The purported motivation for such laws is the harm …
Self-Help, Reimagined, J. David Griener, Dalie Jimenez, Lois Lupica
Self-Help, Reimagined, J. David Griener, Dalie Jimenez, Lois Lupica
Indiana Law Journal
We will never have enough lawyers to serve the civil legal needs of all low- and moderate-income (LMI) individuals who must navigate civil legal problems. A significant part of the access-to-justice toolkit must include self-help materials. That much is not new; indeed, the legal aid community has been actively developing pro se guides and forms for decades. But the community has hamstrung its creations in two major ways: first, by focusing these materials almost exclusively on educating LMI individuals about formal law, and second, by considering the task complete once the materials have been made available to self-represented individuals. In …
The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara
The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara
Indiana Law Journal
Over the past century, while advocates of prison nurseries have applauded their individual and societal benefits, opponents have criticized their touchy-feely undertones, arguing that children do not belong behind bars. New York instituted the first modern prison nursery program in 1901 at its Bedford Hills facility, and the nursery has existed ever since. The federal government and a number of other states have followed suit in developing programs that, to varying degrees, give mothers and infants an opportunity to remain together until the infant reaches a particular age. The requirements for such programs vary by state but generally only permit …
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Indiana Law Journal
No abstract provided.
Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey
Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey
Indiana Law Journal
No abstract provided.
Conceivable Sterilization: A Constitutional Analysis Of A Norplant/Depo-Provera Welfare Condition, Kimberly A. Smith
Conceivable Sterilization: A Constitutional Analysis Of A Norplant/Depo-Provera Welfare Condition, Kimberly A. Smith
Indiana Law Journal
No abstract provided.
The Social Security Administration's Policy Of Nonacquiescence, Angela M. Johnson
The Social Security Administration's Policy Of Nonacquiescence, Angela M. Johnson
Indiana Law Journal
No abstract provided.
Due Process In The Administration Of General Assistance: Are Written Standards Protecting The Indigent?, Cynthia J. Reichard
Due Process In The Administration Of General Assistance: Are Written Standards Protecting The Indigent?, Cynthia J. Reichard
Indiana Law Journal
No abstract provided.
Public Law 94-103: An Implied Private Right Of Action To Enforce The Right To Treatment For Institutionalized Mentally Retarded Persons, John Cahalan
Indiana Law Journal
No abstract provided.
Access Of The Poor To Basic Economic Needs: A New Concern In Freedom Of Speech Decisions, John E. Brengle
Access Of The Poor To Basic Economic Needs: A New Concern In Freedom Of Speech Decisions, John E. Brengle
Indiana Law Journal
No abstract provided.
Recent Developments In Social Welfare Law And The Doctrine Of Separation Of Powers, William H. Taft Iv
Recent Developments In Social Welfare Law And The Doctrine Of Separation Of Powers, William H. Taft Iv
Indiana Law Journal
Symposium: Separation of Powers
Afdc Eligibility Conditions Unrelated To Need: The Impact Of Dublino, John Timothy Mccaulay
Afdc Eligibility Conditions Unrelated To Need: The Impact Of Dublino, John Timothy Mccaulay
Indiana Law Journal
No abstract provided.
Sex Classifications In The Social Security Benefit Structure, Martha S. West
Sex Classifications In The Social Security Benefit Structure, Martha S. West
Indiana Law Journal
No abstract provided.
Parent's Right To Counsel In Dependency And Neglect Proceedings, Jean Whitaker Sutton
Parent's Right To Counsel In Dependency And Neglect Proceedings, Jean Whitaker Sutton
Indiana Law Journal
No abstract provided.
What Remains Of Federal Afdc Standards After Jefferson V. Hackney?, Michael E. Armey
What Remains Of Federal Afdc Standards After Jefferson V. Hackney?, Michael E. Armey
Indiana Law Journal
No abstract provided.
Defense Of The Poor: A Study In Public Parsimony And Private Poverty, Norman G. Kittle
Defense Of The Poor: A Study In Public Parsimony And Private Poverty, Norman G. Kittle
Indiana Law Journal
No abstract provided.
Unequal Protection: Poverty And Family Law, Henry H. Foster, Doris Jonas Freed
Unequal Protection: Poverty And Family Law, Henry H. Foster, Doris Jonas Freed
Indiana Law Journal
No abstract provided.
The Indigent Defendant In The State Criminal Proceeding: Betts V. Brady Is Interred
The Indigent Defendant In The State Criminal Proceeding: Betts V. Brady Is Interred
Indiana Law Journal
No abstract provided.
An Indigent Criminal Defendant Seeks An Appeal
An Indigent Criminal Defendant Seeks An Appeal
Indiana Law Journal
No abstract provided.
Law And Social Change In Contemporary Britain, By Wolfgang G. Friedmann, Stefan A. Riesenfeld
Law And Social Change In Contemporary Britain, By Wolfgang G. Friedmann, Stefan A. Riesenfeld
Indiana Law Journal
No abstract provided.
Case Work With The Adult Offender, By David Dressier
Case Work With The Adult Offender, By David Dressier
Indiana Law Journal
No abstract provided.
Medical And Social Factors In Crime, A. Warren Stearns
Medical And Social Factors In Crime, A. Warren Stearns
Indiana Law Journal
No abstract provided.
Social Security To Men In Service
Social Security To Men In Service
Indiana Law Journal
Legal Aspects of the Selective Service Act
Litigation Problems Under The Social Security Act, Jack B. Tate
Litigation Problems Under The Social Security Act, Jack B. Tate
Indiana Law Journal
No abstract provided.
Judicial Review Of Public Assistance Determinations, Hubert H. Margolies
Judicial Review Of Public Assistance Determinations, Hubert H. Margolies
Indiana Law Journal
No abstract provided.
The Lawyer And The Public Welfare, Samuel Rubin
The Lawyer And The Public Welfare, Samuel Rubin
Indiana Law Journal
No abstract provided.
Law And Social Change, Roscoe Pound
Law And Social Change, Roscoe Pound
Indiana Law Journal
Address before the Indiana Conference on Social Work, held at Elkhart, Oct. 8-14, 1927