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Articles 1 - 16 of 16
Full-Text Articles in Social Welfare Law
Putting Distribution First, Robert C. Hockett
Putting Distribution First, Robert C. Hockett
Cornell Law Faculty Publications
It is common for normative legal theorists, economists and other policy analysts to conduct and communicate their work mainly in maximizing terms. They take the maximization of welfare, for example, or of wealth or utility, to be primary objectives of legislation and public policy. Few if any of these theorists seem to notice, however, that any time we speak explicitly of maximizing one thing, we speak implicitly of distributing other things and of equalizing yet other things. Fewer still seem to recognize that we effectively define ourselves by reference to that which we distribute and equalize. For it is in …
Why Paretians Can’T Prescribe: Preferences, Principles, And Imperatives In Law And Policy, Robert C. Hockett
Why Paretians Can’T Prescribe: Preferences, Principles, And Imperatives In Law And Policy, Robert C. Hockett
Cornell Law Faculty Publications
Recent years have witnessed two linked revivals in the legal academy. The first is renewed interest in articulating a normative “master principle” by which legal rules might be evaluated. The second is renewed interest in the prospect that a variant of Benthamite “utility” might serve as the requisite touchstone. One influential such variant now in circulation is what the Article calls “Paretian welfarism.”
This Article rejects Paretian welfarism and advocates an alternative it calls “fair welfare.” It does so because Paretian welfarism is inconsistent with ethical, social, and legal prescription, while fair welfare is what we have been groping for …
Pareto Versus Welfare, Robert C. Hockett
Pareto Versus Welfare, Robert C. Hockett
Cornell Law Faculty Publications
Many normatively oriented economists, legal academics and other policy analysts appear to be "welfarist" and Paretian to at least moderate degree: They deem positive responsiveness to individual preferences, and satisfaction of one or more of the familiar Pareto criteria, to be reasonably undemanding and desirable attributes of any social welfare function (SWF) employed to formulate social evaluations. Some theorists and analysts go further than moderate welfarism or Paretianism, however: They argue that "the Pareto principle" requires the SWF be responsive to individual preferences alone - a position I label "strict" welfarism - and conclude that all social evaluation should in …
Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett
Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett
Cornell Law Faculty Publications
With the American economy stalled and another federal election campaign season well underway, the “outsourcing” of American jobs is again on the public agenda. Latest figures indicate not only that claims for joblessness benefits are up, but also that the rate of American job-exportation has more than doubled since the last electoral cycle. This year’s political candidates have been quick to take note. In consequence, more than at any time since the early 1990s, continued American participation in the World Trade Organization, in the North American Free Trade Agreement, and in the processes of global economic integration more generally appear …
Employment Law In A Changing Workplace, Katherine V.W. Stone
Employment Law In A Changing Workplace, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.
The New Psychological Contract: Implications Of The Changing Workplace For Labor And Employment Law, Katherine V.W. Stone
The New Psychological Contract: Implications Of The Changing Workplace For Labor And Employment Law, Katherine V.W. Stone
Cornell Law Faculty Publications
In this article, Professor Stone describes the profound changes that are occurring in the employment relationship in the United States. Firms are dismantling their internal labor markets and abandoning their implicit promises of orderly promotion and long-term job security. No longer is employment centered on a single, primary employer. Instead, employees operate in a boundaryless workplace in which they expect to move frequently between firms, and between divisions within firms, throughout their working lives. At the same time, employers and employees have a new understanding of their mutual obligations, a new psychological contract, in which expectations of job security and …
Ending Welfare, Leaving The Poor To Face New Risk, Jeffrey S. Lehman, Sheldon Danziger
Ending Welfare, Leaving The Poor To Face New Risk, Jeffrey S. Lehman, Sheldon Danziger
Cornell Law Faculty Publications
No abstract provided.
How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger
How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger
Cornell Law Faculty Publications
No abstract provided.
The Many Contexts Of Welfare Reform, Jeffrey S. Lehman
The Many Contexts Of Welfare Reform, Jeffrey S. Lehman
Cornell Law Faculty Publications
No abstract provided.
Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout
Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout
Cornell Law Faculty Publications
No abstract provided.
The Art Of Decoupling: Keeping Social Security's Promise Up-To-Date, Peter W. Martin
The Art Of Decoupling: Keeping Social Security's Promise Up-To-Date, Peter W. Martin
Cornell Law Faculty Publications
No abstract provided.
Public Assurance Of An Adequate Minimum Income In Old Age: The Erratic Partnership Between Social Insurance And Public Assistance, Peter W. Martin
Public Assurance Of An Adequate Minimum Income In Old Age: The Erratic Partnership Between Social Insurance And Public Assistance, Peter W. Martin
Cornell Law Faculty Publications
No abstract provided.
Welfare Law: A Challenging Field For Lawyers, Peter W. Martin
Welfare Law: A Challenging Field For Lawyers, Peter W. Martin
Cornell Law Faculty Publications
The profusion of welfare laws has created a legitimate demand for more welfare lawyers with a broad view of the programs.
Social Security Benefits For Spouses, Peter W. Martin
Social Security Benefits For Spouses, Peter W. Martin
Cornell Law Faculty Publications
No abstract provided.
Welfare Law: The Problem Of Terminology, Peter W. Martin
Welfare Law: The Problem Of Terminology, Peter W. Martin
Cornell Law Faculty Publications
No abstract provided.
A Federal Ombudsman, Roger C. Cramton
A Federal Ombudsman, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.