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Articles 1 - 30 of 35
Full-Text Articles in Social Welfare Law
Making The Case For A Right To A Healthy Environment For The Protection Of Vulnerable Communities: A Case Of Coal-Ash Disaster In Puerto Rico, Sarah Dávila-Ruhaak
Making The Case For A Right To A Healthy Environment For The Protection Of Vulnerable Communities: A Case Of Coal-Ash Disaster In Puerto Rico, Sarah Dávila-Ruhaak
Michigan Journal of Environmental & Administrative Law
The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right to a healthy environment. This article argues that in order to protect vulnerable persons and communities facing environmental harm, a human rights framework—specifically the right to a healthy environment—must be applied. A human rights approach complements environmental justice work, recognizing that individuals …
It Takes A Village: Designating "Tiny House" Villages As Transitional Housing Campgrounds, Ciara Turner
It Takes A Village: Designating "Tiny House" Villages As Transitional Housing Campgrounds, Ciara Turner
University of Michigan Journal of Law Reform
A relatively new proposal to reduce homelessness in the United States involves extraordinarily small dwellings. While the “tiny house” movement is intuitively appealing and has found sporadic success, strict housing codes, building codes, and zoning laws often destroy the movement before it can get off the ground. One possibility for getting around these zoning and building code challenges, without drastic overhauls to health and safety codes, is to create a new state-level zoning classification of “transitional campgrounds.” A new zoning classification would alleviate the issue because campgrounds are consistently subject to less strict building codes, which could permit tiny houses …
Flourishing Rights, Wendy A. Bach
Flourishing Rights, Wendy A. Bach
Michigan Law Review
There is something audacious at the heart of Clare Huntington’s Failure to Flourish. She insists that the state exists to ensure that families flourish. Not just that they survive, or not starve, or be able, somehow, to make ends meet—but that they flourish. She demands this not just for some families but, importantly, for all families. This simple, bold, and profoundly countercultural demand allows Huntington to make a tremendously convincing case that the state can begin to do precisely that. Failure to Flourish is a brave, rigorously produced, carefully researched, and politically astute book. Huntington seeks to persuade a wide …
Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson
Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson
University of Michigan Journal of Law Reform
Over thirty years ago the United States Supreme Court upheld an Oregon statute that allowed sentencing courts, with a number of important procedural safeguards, to impose on indigent criminal defendants the obligation to repay the cost of their court appointed attorneys. The practice of ordering recoupment or contribution (application fees or co-pays) of public defender attorney's fees is widespread, although collection rates are unsurprisingly low. Developments since the Court's decision in Fuller v. Oregon show that not only is recoupment not cost-effective, but it too easily becomes an aspect of punishment, rather than legitimate cost recovery. In a number of …
The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith
The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith
Michigan Journal of Gender & Law
In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then …
The Constitutional Right Of Poor People To Appeal Without Payment Of Fees: Convergence Of Due Process And Equal Protection In M.L.B. V. S.L.J, Lloyd C. Anderson
The Constitutional Right Of Poor People To Appeal Without Payment Of Fees: Convergence Of Due Process And Equal Protection In M.L.B. V. S.L.J, Lloyd C. Anderson
University of Michigan Journal of Law Reform
In this Article, Professor Lloyd Anderson examines the recent decision M.L.B. v. S.L.J., in which the United States Supreme Court held that due process and equal protection converge to require that states cannot require indigent parents who seek to appeal decisions terminating their parental rights to pay court costs they cannot afford. Noting that this decision expands the constitutional right of cost-free appeal from criminal to civil cases for the first time, Professor Anderson discusses the characteristics a civil case should have in order to qualify for such a right. Professor Anderson proposes a number of other civil cases, …
An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms
An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms
Michigan Law Review
A Review of Joel F. Handler, The Poverty of Welfare Reform and Mark Robert Rank, Living on the Edge: The Realities of Welfare in America
Accelerated Education As A Remedy For High-Poverty Schools, William H. Clune
Accelerated Education As A Remedy For High-Poverty Schools, William H. Clune
University of Michigan Journal of Law Reform
High-poverty schools, and the students who attend them, have historically faced substantial challenges in providing and receiving, adequate education. Despite some relief from the courts, school finance remedies that require the redistribution of monetary aid to low-wealth districts have encountered strong political opposition. In this Article, Professor Clune makes a renewed claim for accelerated education as the primary focus of adequacy litigation in school reform cases. He describes the nation's educational condition, in which there exists a disturbing correlation between poverty and low educational outcomes. He then drafts a vision of a comprehensive, school reform remedy, one that emphasizes institutional …
Poverty Lawyering In The Golden Age, Matthew Diller
Poverty Lawyering In The Golden Age, Matthew Diller
Michigan Law Review
A Review of Brutal Need: Lawyers and the Welfare Rights Movement, 1960-1973 by Martha F. Davis
Building Community Among Diversity: Legal Services For Impoverished Immigrants, Robert L. Bach
Building Community Among Diversity: Legal Services For Impoverished Immigrants, Robert L. Bach
University of Michigan Journal of Law Reform
Part I of this Essay introduces the Immigrants' Legal Needs Study (ILNS), which provides most of the data for this Essay. Part II focuses on immigrants' access to legal assistance. It analyzes the problems and needs of recently arrived poor immigrants-both immigrants share with longer established poor residents as well as special needs related to immigrants' residency status. Part III addresses the present day demography of our urban communities, including the levels of new immigration. Parts IV and V detail the legal difficulties faced by poor immigrants, the ways they deal with these problems, and community responses to these needs. …
Foreword: The Many Contexts Of Welfare Reform, Jeffrey S. Lehman
Foreword: The Many Contexts Of Welfare Reform, Jeffrey S. Lehman
University of Michigan Journal of Law Reform
To nourish the ongoing debate, the editors of the University of Michigan Journal of Law Reform have drawn together contributions from four law professors who have substantial expertise concerning the American welfare state. All of the Articles that compose this Symposium are animated by a desire to broaden our frame of reference for evaluating welfare reform. I believe that their shared project is important. Efforts to change AFDC will send ripples through the multiple legal structures that buoy our public systems of income support and wealth redistribution.
The Income Tax Treatment Of Social Welfare Benefits, Jonathan Barry Forman
The Income Tax Treatment Of Social Welfare Benefits, Jonathan Barry Forman
University of Michigan Journal of Law Reform
Part I of this Article describes the major social welfare programs in the United States. Part II outlines the basic structure of the federal income tax and describes how social welfare benefits are treated by the income tax system. Finally, Part III surveys some recent proposals to tax particular social welfare benefits and considers the arguments for and against taxing such benefits. The Article concludes that the need for new revenue sources will push the federal government to reconsider the tax treatment of social welfare benefits.
Disentitling The Poor: Waivers And Welfare "Reform", Susan Bennett, Kathleen A. Sullivan
Disentitling The Poor: Waivers And Welfare "Reform", Susan Bennett, Kathleen A. Sullivan
University of Michigan Journal of Law Reform
This Article examines the purposes underlying the statutory grant of authority to Health and Human Services (HHS) to exempt states from the requirements of the statute, the important role that the Social Security Act has played as a source of rights for welfare recipients, the current wave of exemptions granted by HHS, and the lack of standards for review of state waiver proposals. Finally, this Article recommends the development of procedures and standards for review by HHS and urges that adherence to the core values of the Aid to Families with Dependent Children (AFDC) program is essential in evaluating the …
Reforming Welfare Through Social Security, Stephen D. Sugarman
Reforming Welfare Through Social Security, Stephen D. Sugarman
University of Michigan Journal of Law Reform
In this Article, I first want to illustrate the connection between Social Security and AFDC-to explain the Social Security program and to demonstrate how it contributes to the welfare problem. More importantly, I then want to offer a reform proposal that builds on Social Security as a way to begin to eliminate AFDC and the current welfare problem. Simply put, I propose that Social Security should provide benefits to children with absent parents on the same basic terms on which it now provides benefits to children with deceased, disabled, or retired parents.
Repossession: Of History, Poverty, And Dissent, Martha Minow
Repossession: Of History, Poverty, And Dissent, Martha Minow
Michigan Law Review
A Review of The Dispossessed: America's Underclasses from the Civil War to the Present by Jacqueline Jones
America's Misunderstood Welfare State: Persistent Myths, Enduring Realities, Rachel D. Godsil
America's Misunderstood Welfare State: Persistent Myths, Enduring Realities, Rachel D. Godsil
Michigan Law Review
A Review of America's Misunderstood Welfare State: Persistent Myths, Enduring Realities by Theodore R. Marmor, Jerry L. Mashaw, and Philip L. Harvey
The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns
The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns
University of Michigan Journal of Law Reform
This Note argues that state legislatures should relax funding restrictions on abortions for indigent women and proposes specific mechanisms to ensure the equal protection of indigent women in the abortion context. Part I briefly recounts the history of federal funding for abortions, from the liberal post-Roe funding scheme to the restrictive funding arrangements that have prevailed since the early 1980s. Part II surveys the existing literature and discusses patterns of state funding and the impact of funding restrictions on indigent women seeking abortions. This literature shows that the tightening of state funding policies subsequent to the federal Medicaid restrictions has …
Tenants' Rights In Police Power Condemnations Under State Statutes And Procedural Due Process, Eric Wills Orts
Tenants' Rights In Police Power Condemnations Under State Statutes And Procedural Due Process, Eric Wills Orts
University of Michigan Journal of Law Reform
This Note explores the legal arguments available to tenants who want to resist arbitrary or unjustified condemnations of their buildings. Part I provides an overview of the legal and constitutional structure of the police power to condemn buildings. Part II analyzes state statutes governing the condemnation of buildings. Focusing on the statutory rights to notice and opportunity for a hearing provided to tenants, Part II concludes that a majority of states provide inadequate protection for tenants facing eviction by condemnation. Part II then proposes statutory reform, based on an approach taken by a minority of states. Part III demonstrates that …
The Public Defender, Robert R. Kimball
The Public Defender, Robert R. Kimball
Michigan Law Review
A Review of The Public Defender by Lisa J. McIntyre
Families In Peril, Nellie Pappas
Families In Peril, Nellie Pappas
Michigan Law Review
A Review of Families in Peril by Marian Wright Edelman
The Politics Of Welfare: The New York City Experience, Michigan Law Review
The Politics Of Welfare: The New York City Experience, Michigan Law Review
Michigan Law Review
A Review of The Politics of Welfare: The New York City Experience by Blanche Bernstein
Poor People's Lawyers In Transition, Michigan Law Review
Poor People's Lawyers In Transition, Michigan Law Review
Michigan Law Review
A Review of Poor People's Lawyers in Transition by Jack Katz
Lawyers And The Pursuit Of Legal Rights, Michigan Law Review
Lawyers And The Pursuit Of Legal Rights, Michigan Law Review
Michigan Law Review
A Review of Lawyers and the Pursuit of Legal Rights by Joel F. Handler, Ellen Jane Hollingsworth and Howard S. Erlanger
Street-Level Bureaucracy: Dilemmas Of The Individual In Public Services, Michigan Law Review
Street-Level Bureaucracy: Dilemmas Of The Individual In Public Services, Michigan Law Review
Michigan Law Review
A Review of Street-Level Bureaucracy: Dilemmas of the Individual in Public Services by Michael Lipsky
Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob
Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob
Michigan Law Review
A Review of Doing Good: The Limits of Benevolence by Willard Gaylin, Ira Glasser, Steven Marcus, and David J. Rothman
Aid To Families With Unborn Dependent Children: May The States Withhold Benefits?, Michigan Law Review
Aid To Families With Unborn Dependent Children: May The States Withhold Benefits?, Michigan Law Review
Michigan Law Review
This note will examine whether the duty to provide aid to unborn children should be imposed on all states participating in the AFDC program. It will first consider the argument that denying such benefits violates the equal protection clause of the fourteenth amendment, but the bulk of the note will be devoted to an interpretation of the relevant provisions of the Social Security Act. The statutory analysis requires several steps. First, it is necessary to examine and interpret the cases in which the Supreme Court has analyzed the legitimacy of state-imposed eligibility conditions. The focus will then shift to the …
Law Of The Poor, Neil M. Levy
Law Of The Poor, Neil M. Levy
Michigan Law Review
A Review of Law of the Poor by Arthur B. La France, Milton R. Schroeder, Robert W. Bennett, and William E. Boyd
The Myth Of Sisyphus: Legal Services Efforts On Behalf Of The Poor, Lawrence E. Rothstein
The Myth Of Sisyphus: Legal Services Efforts On Behalf Of The Poor, Lawrence E. Rothstein
University of Michigan Journal of Law Reform
In Greek mythology there is a story about the tyrant, Sisyphus, who is condemned to suffer everlasting anguish. Eternally, he rolls a huge rock up the steep side of a mountain only to have it roll down again just as he reaches the top. Such is the plight in which the poor person finds himself when confronting the legal system. If the poor individual is able to overcome the massive obstacles placed between him and full, fair litigation of his case, he finds that the rules to be applied to the case are stacked against him. This situation is not …
The Constitutional Minimum For The Termination Of Welfare Benefits: The Need For And Requirements Of A Prior Hearing, Michigan Law Review
The Constitutional Minimum For The Termination Of Welfare Benefits: The Need For And Requirements Of A Prior Hearing, Michigan Law Review
Michigan Law Review
Recently state welfare officials in New York terminated the benefits of a welfare recipient on the basis of an erroneous tip from her landlady that her husband visited her every night. She requested a posttermination hearing which was provided under New York law. During the four-month delay between the termination of benefits and the hearing, the recipient and her four small children were evicted from their apartment for nonpayment of rent. They were forced to move in with the woman's sister, who had nine children of her own, and who was also on relief. The recipient's children lost weight and …
Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield
Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield
Michigan Law Review
The ample personal economic resources and relatively well-financed organizations of middle and upper income Americans usually assure their particular interests adequate representation in federal administrative rulemaking. The norm is that middle and upper income individuals, or their personal or organizational representatives, directly or indirectly monitor all agency activities. These persons attempt to protect their interests through formal or informal participation in rulemaking affecting them. But federal rulemaking very frequently affects large numbers of individuals who lack the personal economic resources and organized associations of middle and upper income Americans. These economically underprivileged persons are usually unable to keep themselves adequately …