Social Welfare Law Commons^™

Osha’S Covid-19 Vaccine Mandate: Why Justice Gorsuch’S Analysis Of The Mandate As An Elephant In A Mousehole Misses The Mark, Wyatt Rex Allred

BYU Law Review

Administrative law doctrines such as Chevron seek to strike a balance between adequate delegated power and sufficient checks on such power. The major questions doctrine reinforces the latter. Recent decisions finding major questions, however, have shown a departure from textualist principles, which formed the doctrine s foundation. Justice Gorsuch's opinion in NFIB v. OSHA is an example of this desertion of textualist principles and should thus be viewed as an improper application of the major questions doctrine. Rather than remodeling the major questions doctrine, textualist judges should acknowledge that this form of anti-textual analysis is nothing short of a revival …

A Basic Needs Baseline For Distributional Analysis, Ari Glogower

BYU Law Review

Studies of income inequality and the distributive effects of taxes and government spending drive debates over progressive fiscal reform and economic justice. These distributional studies provide vital information on inequality in market outcomes and how government policies mitigate these disparities.

Despite its critical importance, however, distributional analysis encounters inevitable and familiar limitations. These studies face practical challenges in measuring income and the distributional impacts of government policies. Distributional analysis also faces inherent complications in seeking to distinguish between the effects of the market and the government.

Even if distributional analysis could precisely measure income and the effects of government policies, …

Nonconsensual Family Obligations, Emily J. Stolzenberg

BYU Law Review

Even as the pandemic has both highlighted and compounded the challenges many U.S. families face in meeting their members’ basic needs, efforts to expand public subsidies for caretaking have gained little traction. Scholars have identified many historical and practical reasons for Americans’ entrenched skepticism toward the welfare state. Ideas matter, too, and this Article uncovers and critiques one that works to limit collective financial responsibility for families: the conviction that family support obligations must be legitimated through consent.

In family law, as in liberal political theory, consent works to reconcile state regulation with individual freedom. But because consent is a …

Taxing Parents: Welfarist Theories, Shannon Weeks Mccormack

BYU Law Review

The Internal Revenue Code (the "Code") taxes parents inequitably. Couples with a sole earner are undertaxed compared to couples with dual earners and to single parents. Legal tax scholarship (including my own) has identified the many inequities that result from this sole-earner bias and have called for its elimination. But while these arguments have been sufficient for some, they do remain susceptible to the criticism that they are theoretically incomplete.

That critique might proceed as follows. Simply establishing that an inequity exists does not create a full argument for legal reform. After all, it might be argued, the Code plays …

The Forgotten Students: The Implications Of Federal Homeless Education Policy For Children In Hawaii, Clifton S. Tanabe, Ian Hippensteele Mobley

Brigham Young University Education and Law Journal

No abstract provided.

Empty Laws Make For Empty Stomachs: Hollow Public Housing Laws In Utah And Other States Force The Nation's Poor To Choose Between Adequate Housing And Life's Other Necessities, Timothy Overton

Brigham Young University Journal of Public Law

No abstract provided.

The Lonely Pragmatist: Humanitarian Intervention In An Imperfect World, David Vessel

Brigham Young University Journal of Public Law

No abstract provided.

Interstate Collection Of Child Support And Federalism: Why The States Have Authority And What They Need To Do To Keep It, Eric S. Lind

Brigham Young University Journal of Public Law

No abstract provided.

The Advocate's Conflicting Obligations Vis-A.-Vis Adverse Medical Evidence In Social Security Proceedings, Robert E. Rains

BYU Law Review

No abstract provided.

Abating The Feminization Of Poverty: Changing The Rules Governing Post - Decree Modification Of Child Support Obligations, J. Thomas Oldham

BYU Law Review

No abstract provided.

Beyond Legal Rights? The Future Of Legal Rights And The Welfare System, Paul K. Legler

Brigham Young University Journal of Public Law

No abstract provided.

Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy

BYU Law Review

No abstract provided.

Mackey V. Lanier Collections Agency & Serv., Inc.: The Supreme Court Diminishes Erisa Preemption Protection For Welfare Benefit Plans, Richard F. Armknecht Iii

Brigham Young University Journal of Public Law

No abstract provided.

The Uncertain Quest For Welfare Rights, Richard A. Epstein

BYU Law Review

No abstract provided.