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Articles 1 - 30 of 42
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 …
Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders, Alexandre Dos Santos Cunha
Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders, Alexandre Dos Santos Cunha
Indiana Journal of Global Legal Studies
This essay discusses the impact of public defenders' offices in promoting equality through the enforcement of the right to access to justice in Brazil. To achieve this goal, this note is divided into two parts.
Part I presents the Brazilian public defenders' offices, their history, institutional design, rights, and prerogatives. Part II discusses the role played by public defenders in the enforcement of the right to access to justice in Brazil, as well as the relations established between public defenders and courts. The Conclusion attempts to assess the sustainability of the Brazilian model, in order to determine if there is …
O Brother Where Art Thou? The Struggles Of African American Men In The Global Economy Of The Information Age, Kenneth G. Dau-Schmidt
O Brother Where Art Thou? The Struggles Of African American Men In The Global Economy Of The Information Age, Kenneth G. Dau-Schmidt
Indiana Journal of Law and Social Equality
As early as the late 1980’s, William Wilson argued that widespread economic transitions had altered the socioeconomic structure of American inner cities to the detriment of African Americans. Wilson identified declines in manufacturing work and its replacement with poorly compensated service sector work as driving racial segregation and leaving African Americans jobless, poor and alienated from American society. These transitions were particularly problematic for African American men since manufacturing work was their primary gateway to middle-class employment while African American women had already focused more on service work.
Since the initial exposition of Wilson’s theory of deindustrialization, Wilson’s framework of …
The Child Welfare System: A Misnomer In Need Of Services, Allison Hilmer
The Child Welfare System: A Misnomer In Need Of Services, Allison Hilmer
Indiana Journal of Law and Social Equality
No abstract provided.
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 …
Surviving The Crisis And Austerity: The Coping Strategies Of Portuguese Households, Catarina F. Frade, Lina Coelho
Surviving The Crisis And Austerity: The Coping Strategies Of Portuguese Households, Catarina F. Frade, Lina Coelho
Indiana Journal of Global Legal Studies
In recent years, Southern European households have been facing acute economic hardship involving falling incomes, rising unemployment, devalued investment portfolios, and a growing burden of debt. This means most households have been forced to make unusual adjustments to their expenditure and living standards. However, Portuguese society has revealed the capacity to deal with austerity through the way households are resorting to self-mobilization and solidarity-based strategies. These adjustment strategies are inscribed in a cultural framework in which familial values, prevalent in Southern European societies, stand out in supporting a strong, operative welfare society. This feature is confirmed hereby through empirical research …
Legislating Safety Nets: Comparing Recent Social Protection Laws In Asia, Surabhi Chopra Prof.
Legislating Safety Nets: Comparing Recent Social Protection Laws In Asia, Surabhi Chopra Prof.
Indiana Journal of Global Legal Studies
In recent years, several Asian countries have begun moving away from patchwork welfare programs toward providing more comprehensive social protection. This is a significant shift in a region where social welfare has not been politically popular, and the family has traditionally absorbed the burden of supporting the young, the old, and the ailing. Two of these states-India and Indonesia-have put new social protection initiatives into law rather than simply formulating executive policy. In this article, I examine recent social protection laws in both countries. I look in particular at India's National Food Security Law, passed in 2013, and Indonesia's laws …
Rights Of Belonging For Women, Rebecca E. Zietlow
Rights Of Belonging For Women, Rebecca E. Zietlow
Indiana Journal of Law and Social Equality
No abstract provided.
If A Right To Health Care Is Argued In The Supreme Court, Does Anybody Hear It?, W. David Koeninger
If A Right To Health Care Is Argued In The Supreme Court, Does Anybody Hear It?, W. David Koeninger
Indiana Journal of Law and Social Equality
No abstract provided.
Globalization And The Privatization Of Welfare Administration In Indiana, Alfred C. Aman
Globalization And The Privatization Of Welfare Administration In Indiana, Alfred C. Aman
Indiana Journal of Global Legal Studies
This article explores the relationship of globalization to domestic law in the context of privatized welfare services in Indiana. It examines the ways that privatization can affect vulnerable populations such as welfare recipients by, in effect, partially dis-embedding the market from the state. It applies Karl Polanyi's conception of a double movement to illustrate how the political process can, in effect, re-embed the market in the state. Utilizing Indiana's recent experiences with welfare administration privatization, this article shows that re-embedding is not a simple question of reversing decisions already taken, but rather a complex sequencing of political and legal engagements. …
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.
Globalization And Housing Rights, Padraic Kenna
Globalization And Housing Rights, Padraic Kenna
Indiana Journal of Global Legal Studies
This article seeks to explore the relationship between the growing phenomenon of globalization and the field of housing rights. I begin with a general description of globalization, and move on to discuss its effect on homelessness, and on housing systems across the world. I examine the role of global corporations; the globalization of housing finance and real estate investment; the reordering of cities and slums; the idea of the minimalist state; and the effects of privatization. I examine the rise of governance networks and how they have created new patterns of making law; globalization's effect on housing policy; and its …
Dependency By Law: Poverty, Identity, And Welfare Privatization, Frank Munger
Dependency By Law: Poverty, Identity, And Welfare Privatization, Frank Munger
Indiana Journal of Global Legal Studies
Privatization of welfare reflects the political pressure to limit public responsibility for protection of social citizenship. Recent welfare reforms incorporate three classic market-like privatization mechanisms--contracting out services forcing allocation of a limited pool of benefits, and deregulation. Deregulation entails strategic diversion and disqualification of large numbers of would-be applicants who are left without alternatives to the labor market. In this article I discuss an empirical study of the effects of deregulation of welfare on the self-perceptions of recipients. Interviews with recipients and with low-wage health care workers, former recipients, show that, criticisms of welfare notwithstanding, they have embraced welfare reform's …
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.
Welfare Reform And Immigration: Attempting To Find A Domestic Answer To A Global Question, Kostas A. Poulakidas
Welfare Reform And Immigration: Attempting To Find A Domestic Answer To A Global Question, Kostas A. Poulakidas
Indiana Journal of Global Legal Studies
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.