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Articles 1 - 30 of 47
Full-Text Articles in Social Welfare Law
"Wrongful Birth" Claims And The Paradox Of Parenting A Child With A Disability, Sofia Yakren
"Wrongful Birth" Claims And The Paradox Of Parenting A Child With A Disability, Sofia Yakren
Fordham Law Review
“Wrongful birth” is a controversial medical malpractice claim raised by the mother of a child born with a disability against a medical professional whose failure to provide adequate prenatal information denied her the chance to abort. Plaintiff-mothers are required to testify that, but for the defendant’s negligence, they would have terminated their pregnancy. Accordingly, alongside pro-life activists, disability rights advocates have opposed “wrongful birth” claims for stigmatizing and discriminating against people with disabilities by framing their very existence as a harm. Despite plaintiff-mothers’ need for caretaking resources, scholars have recommended solutions ranging from the wholesale elimination of the wrongful birth …
Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin
Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin
Fordham Law Review
Bullying has long been a concern for students, parents, teachers, and school administrators. But technological advances—including the internet, cell phones, and social media—have transformed the nature of bullying and allow “cyberbullies” to extend their reach far beyond the schoolhouse gate. The U.S. Supreme Court established that schools may regulate on-campus speech if the speech creates a substantial disruption of, or material interference with, school activities. However, the Court has yet to rule on a school’s ability to regulate students’ off-campus bullying speech. This Note examines how various courts have approached the issue, analyzes the current circuit split, and ultimately proposes …
Loving Lessons: White Supremacy, Loving V. Virginia, And Disproportionality In The Child Welfare System, Leah A. Hill
Loving Lessons: White Supremacy, Loving V. Virginia, And Disproportionality In The Child Welfare System, Leah A. Hill
Fordham Law Review
Part I of this Article introduces a brief discussion of the history of antimiscegenation laws and, specifically, their prevalence in the Commonwealth of Virginia during the 1950s. Next, Part II sets forth a short commentary about the Lovings’ triumph over antimiscegenation. Part III then details the Lovings’ judicial hurdles against the state, which argued that its antimiscegenation laws were enacted, in part, to prevent child abuse and thus served legitimate state interests. Part IV argues that the remnants of the white supremacist ideology at the center of Loving appear in our modern child welfare system, which has long been plagued …
“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres
“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres
Fordham Law Review
The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of …
Access To Justice: A Roadmap For Reform, Deborah L. Rhode
Access To Justice: A Roadmap For Reform, Deborah L. Rhode
Fordham Urban Law Journal
No abstract provided.
Pro Bono Legal Services: The Silent Majority—A Twenty-Five Year Retrospective, Victor Marrero
Pro Bono Legal Services: The Silent Majority—A Twenty-Five Year Retrospective, Victor Marrero
Fordham Urban Law Journal
No abstract provided.
The Case For Court-Based Document Assembly Programs: A Review Of The New York State Court System's "Diy" Forms, Rochelle Klempner
The Case For Court-Based Document Assembly Programs: A Review Of The New York State Court System's "Diy" Forms, Rochelle Klempner
Fordham Urban Law Journal
No abstract provided.
Lippman's Law: Debating The Fifty-Hour Pro Bono Requirement For Bar Admission, Justin Hansford
Lippman's Law: Debating The Fifty-Hour Pro Bono Requirement For Bar Admission, Justin Hansford
Fordham Urban Law Journal
No abstract provided.
Response To Professor Paul Secunda's Comparatice Analysis Of The Treatment Of Employment Claims In Insolvency Proceedings And Guarantee Schemes In Oecd Countries, Israel Goldowitz
Response To Professor Paul Secunda's Comparatice Analysis Of The Treatment Of Employment Claims In Insolvency Proceedings And Guarantee Schemes In Oecd Countries, Israel Goldowitz
Fordham Urban Law Journal
No abstract provided.
Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington
Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington
Fordham Urban Law Journal
No abstract provided.
Modifying Or Terminating Pension Plans Through Chapter 9 Bankruptcies With A Focus On California, Joanne Lau
Modifying Or Terminating Pension Plans Through Chapter 9 Bankruptcies With A Focus On California, Joanne Lau
Fordham Urban Law Journal
No abstract provided.
Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock
Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock
Fordham Urban Law Journal
No abstract provided.
Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary
Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary
Fordham Urban Law Journal
No abstract provided.
The Lawyer's Obligation To Correct Social Injustice!, James F. Gill
The Lawyer's Obligation To Correct Social Injustice!, James F. Gill
Fordham Urban Law Journal
No abstract provided.
The Housing Crash And The End Of American Citizenship, Matt Stoller
The Housing Crash And The End Of American Citizenship, Matt Stoller
Fordham Urban Law Journal
No abstract provided.
Lawyers And The Secret Welfare State, Milan Markovic
Lawyers And The Secret Welfare State, Milan Markovic
Fordham Law Review
This Article suggests that the United States maintains a secret welfare state. The secret welfare state exists because of lawyers' ubiquitous use of questionable practices in representing clients before benefit-granting government agencies, which enable thousands of individuals to collect public benefits who may not qualify for them. This Article focuses in particular on lawyers' handling of evidence of nondisability in Social Security Disability Insurance (SSDI) proceedings and participation in Medicaid planning. Although lawyers' conduct in seeking to minimize their clients' tax obligations has received substantial scrutiny, lawyers' conduct in asserting claims to public benefits has not.
Poverty Law 101: The Law And History Of The U.S. Welfare State, Karen M. Tani
Poverty Law 101: The Law And History Of The U.S. Welfare State, Karen M. Tani
Fordham Urban Law Journal
Poverty law will remain marginalized so long as we confine it to a population that we and our students understand as marginal. Tani discusses Professor Wax’s characterization of the “old welfare law framework,” as well as her account of what happened to it, and would not advocate a return to a court-centered, advocacy-oriented approach.
Restoring Legal Aid To The Poor: A Call To End Draconian And Wasteful Restrictions, Rebekah Diller, Emily Savner
Restoring Legal Aid To The Poor: A Call To End Draconian And Wasteful Restrictions, Rebekah Diller, Emily Savner
Fordham Urban Law Journal
A growing number of national, state, and local voices have called for reform of the legal services restrictions. Reports by Access to Justice and legal services commissions in eighteen states have identified the restrictions as substantial barriers to justice.Others have spoken out about the harms of the restrictions, and particularly their application to non-LSC funds. Describing a lawsuit filed by Oregon against the “program integrity rule,” Governor Ted Kulongoski said: “The important point is that for the first time a state is now party to a suit that attempts to free Legal Aid from restrictions that serve no purpose other …
Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland
Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland
Fordham Urban Law Journal
This Article identifies and estimates the ecological dynamics of increasing spatial and social concentration of incarcerated individuals in urban neighborhoods using data from New York City between 1985 and 1997. It argues that this dynamic becomes self-sustaining and reinforcing over time. In conclusion, the Article discusses how high incarceration rates impact the relationships between citizens and the law, directly affecting residents and influencing policy preferences of non-residents.
Damage To Family Relationships As A Collateral Consequence Of Parental Incarceration, Philip M. Genty
Damage To Family Relationships As A Collateral Consequence Of Parental Incarceration, Philip M. Genty
Fordham Urban Law Journal
A review of available statistical information shows the irreversible and detrimental impact on parents and children of family separation due to imprisonment. Specifically, it looks to data on parental incarceration, the impact of incarceration upon families, and the difficulties of remedying the consequences to families of parental incarceration. Finally, the Article argues that alternatives to imprisonment should be used where the parent is not subject to high security confinement and that the parental role should be a relevant factor in sentencing.
Religious Values, Legal Ethics, And Poverty Law: A Response To Thomas Shaffer, Stephen Wizner
Religious Values, Legal Ethics, And Poverty Law: A Response To Thomas Shaffer, Stephen Wizner
Fordham Urban Law Journal
Stephen Wizner provides a response to Thomas Shaffer's article on his pursuit of social justice through using religious figures as role models. Wizner argues that Shaffer is clearly right in asserting that there is much in the prophetic literature, and, indeed, in the entire Hebrew Bible and the New Testament, that could serve as a moral impetus for social justice lawyering. One can find considerable support for Shaffer's religious thesis in the texts that he cites, and in the words of the prophets he looks to as role models. Nevertheless, Wizner presents a skeptical response to Professor Shaffer's thoughtful essay. …
La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal
La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal
Fordham Urban Law Journal
This essay discusses how Family Justice and La Bodega de la Familia respond to the diverse challenges of reintegration post incarceration. It also discusses the benefits of a model of judicial supervision that recognizes individuals' social locations within their families and communities. With the goal of producing more effective and humane prisoner reintegration, especially in the context of drug offenses, the Authors recommend family case management. They additionally encourage parole and criminal justice practice to shift its focus from the individual parolee to families and their strengths.
The Biblical Prophets As Lawyers For The Poor, Thomas L. Shaffer
The Biblical Prophets As Lawyers For The Poor, Thomas L. Shaffer
Fordham Urban Law Journal
Lawyers practicing poverty law often lack mentors and role models. This author discusses how biblical figures, who served poor people, could be mentors and role models for lawyers practicing poverty law. Prophets, and particularly prophets-as-lawyers, redefine power relationships. Shaffer discusses his personal journey through out his career in using religious guidance to help him better understand his career. He also discuss his teachings to his law students of the value of learning from prophets in their legal careers.
Continuity And Contradiction In The Theory And Discourse Of Dependence, Brigid Kennedy-Pfister
Continuity And Contradiction In The Theory And Discourse Of Dependence, Brigid Kennedy-Pfister
Fordham Urban Law Journal
The terms “dependence” and “independence” have historically been used as status makers in social and political discourse in the United States. As various groups and individuals have pursued particular political goals, they have used and defined those terms in diverse ways and attached different meanings and connotations to them. The category of “dependent” in particular has been transformed from a term that at one time marked a natural condition in which certain groups existed, to a term that today defines a social problem. This article describes the content of, and the reasons for this transformation. The author concentrates upon dependency …
Beyond Economically Targeted Investments: Redefining The Legal Framework Of Pension Fund Investments In Low-To-Moderate Income Residential Real Estate, Alec Sauchik
Fordham Urban Law Journal
This Note first presents the socioeconomic theory underlying the concept of ETIs and outlines the scope of trustees' fiduciary obligations to plan participants when making investments in residential real estate. It also analyzes relevant case law pertaining to fiduciary duties of pension fund trustees. Next, it compares two conflicting views on the legality of economically targeted investments. Finally, it argues that although the legal framework applicable to the fiduciary obligations of pension fund trustees is inadequate to fully address all challenges to the legality of ETIs, pension fund investments in low-to-moderate income residential real estate can be reconciled with the …
Civil Disturbances: Battles For Justice In New York City
Civil Disturbances: Battles For Justice In New York City
Fordham Urban Law Journal
This Collection contains a number of essays that are a part of Civil Disturbances, a collaborative project between artists and lawyers that commemorates various public interest law suits and social justice efforts in New York City. The project itself consists of twenty signs, each representing one specific case, that were designed to be both provoking and informative. This specific Collection contains printings of eight of the signs, as well as separate writings on issues and cases including: disabled people's accessibility to the Empire State Building, child welfare, children's rights, women and the FDNY, rights of the homeless, and welfare benefits. …
Introductory Remarks: Is The Issue Welfare Or Poverty?, Matthew Diller
Introductory Remarks: Is The Issue Welfare Or Poverty?, Matthew Diller
Fordham Urban Law Journal
This article introduces the Urban Welfare Reform symposium materials, giving a broad overview of areas of discussion and conflict. It focuses particularly on the disparity between the problem of welfare dependency debated in congress and the general problem of poverty noted by legal scholars. It concludes that the focus on welfare as a problem in and of itself is misdirected. It urges that focus be shifted to poverty in general, with welfare discussed as a solution rather than a problem in its own right.
Trying To Fit Square Pegs Into Round Holes: The Need For A New Funding Scheme For Kinship Caregivers, Randi Mandelbaum
Trying To Fit Square Pegs Into Round Holes: The Need For A New Funding Scheme For Kinship Caregivers, Randi Mandelbaum
Fordham Urban Law Journal
This article discusses the inadequacy of the current welfare system in meeting the needs of so-called "kinship caregivers." It summarizes the provisions of the two major programs for these individuals - the Aid to Families with Dependent Children fund, and the Adoption Assistance and Child Welfare Act. It explains the difficulty for kinship caregivers under these systems, and outlines a proposed legislative solution whereby individuals in nontraditional family structures could more easily qualify for welfare.
The Administration Of Public Assistance, James A. Krauskopf
The Administration Of Public Assistance, James A. Krauskopf
Fordham Urban Law Journal
This Essay discusses the problems of implementation and administration of proposed welfare reforms. It gives a brief historical background on such reforms, describes the nature of their administration, discusses current and proposed reforms and the public perceptions of them, and compares welfare to other government expenditures. It concludes by recommending that social services be integrated at the local rather than federal level.
Urban Welfare Reform: A Community-Based Perspective, Margo D. Butts
Urban Welfare Reform: A Community-Based Perspective, Margo D. Butts
Fordham Urban Law Journal
This Essay advocates for community-based efforts to redeem the welfare system. It first discusses the causes of welfare dependency, and the adverse effects of current reform proposals. It then outlines goals for effective welfare reform, and describes the welfare reform program being implemented by the Bedford-Stuyvesant community. It concludes that effective welfare reform requires community initiated programs that focus on remedying factors leading to poverty, best identified and dealt with on a local level.