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Social Welfare Law Commons

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Articles 1 - 23 of 23

Full-Text Articles in Social Welfare Law

2017 Keynote Speech: Poverty's Cost, Daniel Hatcher Mar 2019

2017 Keynote Speech: Poverty's Cost, Daniel Hatcher

University of the District of Columbia Law Review

No abstract provided.


Next Generation Tanf: Reconceptualizing Public Assistance As A Vehicle For Financial Inclusion, Aleta Sprague Mar 2015

Next Generation Tanf: Reconceptualizing Public Assistance As A Vehicle For Financial Inclusion, Aleta Sprague

University of the District of Columbia Law Review

Fifty years into the War on Poverty, the ability to fully participate in American economic life is predicated on access to basic financial services and mechanisms; yet, public programs designed to support the economic advancement of people in poverty often explicitly excludeinte nded beneficiaries from meaningful engagement with financial institutions. To promote economic opportunity for families accessing public assistance, we need policy reforms that both remove access barriers and create entry points to the financial mainstream. Safe and affordable financial products are foundational to financial inclusion. Unbanked and "underbanked" households-the vast majority of which are low-income---often rely on high-cost credit, …


The Real Marriage Penalty: How Welfare Law Discourages Marriage Despite Public Policy Statements To The Contrary - And What Can Be Done About It, Spencer Rand Mar 2015

The Real Marriage Penalty: How Welfare Law Discourages Marriage Despite Public Policy Statements To The Contrary - And What Can Be Done About It, Spencer Rand

University of the District of Columbia Law Review

Couples regularly complain about marriage penalties,' discovering that the tax consequences of marrying make the cost of marriage prohibitive.2 Although attempts were made in the last decade to reduce those penalties for the middle class,3 the poor were not helped by these changes. 4 Along with tax penalties, including low-income wage earners facing severe decreases or becoming entirely ineligible for the Earned Income Tax Credit (EITC) when they marry, the most common penalties reduce or eliminate government benefits upon marriage.


Revisiting The War On Poverty: How Policy Can Better Shape The Income And Wages Of Families With Children, Joy Moses Mar 2015

Revisiting The War On Poverty: How Policy Can Better Shape The Income And Wages Of Families With Children, Joy Moses

University of the District of Columbia Law Review

Fifty years ago, President Lyndon B. Johnson launched a "War on Poverty" while delivering his first State of the Union address on January 8, 1964. His language conveyed ambitious plans to recreate American society:This budget, and this year's legislative program, are designed to help each and every American citizen fulfill his basic hopes-his hopes for a fair chance to make good; his hopes for fair play from the law; his hopes for a full-time job on full-time pay; his hopes for a decent home for his family in a decent community; his hopes for a good school for his children …


Comments: Symposium On Strategies To End Poverty And Inequality, Barbara Arnwine, Jo-Ann Wallace Mar 2007

Comments: Symposium On Strategies To End Poverty And Inequality, Barbara Arnwine, Jo-Ann Wallace

University of the District of Columbia Law Review

No abstract provided.


Comments: Symposium On Strategies To End Poverty And Inequality, Edgar Cahn, Florence Wagman Roisman Mar 2007

Comments: Symposium On Strategies To End Poverty And Inequality, Edgar Cahn, Florence Wagman Roisman

University of the District of Columbia Law Review

No abstract provided.


Keynote Address: Symposium On Strategies To End Poverty And Inequality, Tom Perez Mar 2007

Keynote Address: Symposium On Strategies To End Poverty And Inequality, Tom Perez

University of the District of Columbia Law Review

No abstract provided.


Comments: Symposium On Strategies To End Poverty And Inequality, Emma Coleman Jordan Mar 2007

Comments: Symposium On Strategies To End Poverty And Inequality, Emma Coleman Jordan

University of the District of Columbia Law Review

No abstract provided.


The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino Sep 1995

The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino

University of the District of Columbia Law Review

The District of Columbia has one of the highest juvenile detention rates and the longest juvenile detention stays of any jurisdiction in the country.' Almost half of the children in Oak Hill, the District's secure juvenile detention facility, have no record of violent or serious offenses. 2 The District's large scale use of detention has increased, rather than decreased, crime. By placing young children charged with minor offenses, such as shoplifting, in daily contact with habitual violent juvenile offenders, Oak Hill serves as a training school for criminal behavior.3


Juvenile Detention To "Protect" Children From Neglect, Margaret Beyer Phd. Sep 1995

Juvenile Detention To "Protect" Children From Neglect, Margaret Beyer Phd.

University of the District of Columbia Law Review

The primary purpose of juvenile detention is to protect the community from dangerous young people while they wait for their cases to be heard in court.' From a developmental perspective, juvenile detention should occur less frequently than adult detention because juveniles need to be with family members and are perhaps more vulnerable to emotional harm from incarceration than adults. Recognized risks of detention include exposing naive, previously victimized youth to larger, older juveniles with delinquency histories. Other risks include interference with the juvenile's relationship with family and attendance in school.


A Tragic View Of Poverty Law Practice, Paul R. Tremblay Mar 1992

A Tragic View Of Poverty Law Practice, Paul R. Tremblay

University of the District of Columbia Law Review

Poverty lawyers, we are told, can do as much harm as good for their clients. This humbling theme has been a fixture in the literature and research surrounding the role of lawyers for the poor for some time. The theme captures several deep truths about poverty law. It reminds us that lawyers for the poor can, and do, exclude their clients in the work that they do, view the lives of clients through the distorted prism of law training and law practice, and tend to expend their energies on remedies and processes, largely litigation oriented, which are unlikely to lead …


An Integrated Jurisprudence And Its Influence In Fighting Poverty, Kevin L. O'Shea Mar 1992

An Integrated Jurisprudence And Its Influence In Fighting Poverty, Kevin L. O'Shea

University of the District of Columbia Law Review

No abstract provided.


No Easy Walk To Freedom, Stephen T. Maher Mar 1992

No Easy Walk To Freedom, Stephen T. Maher

University of the District of Columbia Law Review

No abstract provided.


Child Support Enforcement For Low-Income Children: Part Of The Problem Or Part Of The Solution?, Paula Roberts Mar 1992

Child Support Enforcement For Low-Income Children: Part Of The Problem Or Part Of The Solution?, Paula Roberts

University of the District of Columbia Law Review

No abstract provided.


The War On Poverty: A Civilian Perspective, Edgar S. Cahn, Jean C. Cahn Mar 1992

The War On Poverty: A Civilian Perspective, Edgar S. Cahn, Jean C. Cahn

University of the District of Columbia Law Review

This article does two things: it articulates a vision and it lays out a specific blueprint. The core of the vision regards legal representation as "a form of enfranchisement, as an attempt to institutionalize the functions of dissent and criticism, and as a means of revitalizing the democratic process." This explains why the article triggered a movement that was perceived as going beyond the orthodox delivery of legal aid. While others legislate or purport to breath life into the democratic process, lawyers, in their unique role as advocates, discharge a constitutionally protected role. And in light of the retaliation to …


Legal Services: Has It Succeeded?, Alan W. Houseman Mar 1992

Legal Services: Has It Succeeded?, Alan W. Houseman

University of the District of Columbia Law Review

No abstract provided.


Beyond The New Property: The Right To Become And Remain Productive, Edgar S. Cahn Mar 1992

Beyond The New Property: The Right To Become And Remain Productive, Edgar S. Cahn

University of the District of Columbia Law Review

The sixties and seventies saw the creation of new rights and the expansion of old ones in response to discrimination, disenfranchisement, and poverty. The new rights were both participatory rights' and substantive rights.2 They effected a redistribution of wealth and power. Essentially, they were rights to consume and rights to share. We called these rights "The New Property."3 As we moved from an era of sustained growth and surplus to budget deficits and trade deficits, we have been less willing to address social problems by expansion of those rights. Political and judicial receptivity to further redistribution diminished sharply.' Litigation seeking …


The New Law Governing General Public Assistance, Sarah Mulken Mar 1992

The New Law Governing General Public Assistance, Sarah Mulken

University of the District of Columbia Law Review

No abstract provided.


Health-Care Rights Of The Poor: An Introduction, Michele Melden, Michael Parks, Laura Rosenthal Mar 1992

Health-Care Rights Of The Poor: An Introduction, Michele Melden, Michael Parks, Laura Rosenthal

University of the District of Columbia Law Review

Improving access to health care is a high priority for low-income people and their advocates. A variety of tools exist to establish legal rights to reimbursement and services. Mastery of these tools can provide dramatic improvements in the lives of the poor. This article provides a brief overview of the primary reimbursement sources for health care-Medicaid, Medicare, private insurance, and state and county indigent care programs. It covers the issues involved in and approaches to insuring the uninsured. It also explains the protection of access to health care provided by the Hill-Burton program, emergency room law, and civil rights. Basic …


Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein Jun 1986

Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein

Antioch Law Journal

This Comment will discuss the judicial review'3 and rulemaking14 provisions of the bill and their possible impact on efforts by atomic veterans to obtain benefits from the Veterans Administration. Part II will provide an overview of the Veterans Administration's claims procedures, describing the criteria currently applied to claims of atomic veterans and the changes contained in the bill. Part III will discuss the critical sections of the bill, including the unique standard of review'5 for factual determinations made in adjudicating individual claims for benefits. In particular, Part III will discuss potential problems posed to reviewing courts applying the standard of …


Equal Protection For Illegitimate Children: The Supreme Court's Standard For Discrimination, Martha T. Zingo Mar 1985

Equal Protection For Illegitimate Children: The Supreme Court's Standard For Discrimination, Martha T. Zingo

Antioch Law Journal

Between 1968 and 1980 the Supreme Court decided twenty cases' involving statutory classifications based on illegitimacy. The Court's decisions have determined whether discrimination against those individuals deemed illegitimate by law2 constitutes a denial of equal protection. When these decisions are analyzed it seems apparent that the Court was experiencing some difficulty in determining the appropriate constitutional test to apply to illegitimacy statutes. It is not surprising that the Court's various rulings appear inconsistent. The purpose of this article is to examine the Supreme Court's inconsistent decisions in its equal protection analysis of laws affecting illegitimate children. To accomplish this goal, …


Confronting Uncertainty In Child Abuse Adjudication: A Contextual Analysis Of Theories Of The Judical Role In A Changing Society, Lawrence W. Cohen Mar 1985

Confronting Uncertainty In Child Abuse Adjudication: A Contextual Analysis Of Theories Of The Judical Role In A Changing Society, Lawrence W. Cohen

Antioch Law Journal

Throughout history scholars have attempted to defend myriad conceptions of the judicial role. For instance, Corwin believed that law, embodied in nature, was to be discovered by judges.1 Cardozo also envisioned an active judiciary, responsible for keeping law consistent with the mores of the day.2 Wigmore, on the other hand, felt that personalizing justice through judicial discretion is the "antithesis of the Anglo-Saxon conception of justice."' 3 Rather, justice, if attainable at all, must be achieved through strict rule application. 4 Whereas 19th-century scholarship focused on formal rules, recent authorities have turned to contemplating how legal decisions are made and …


Poverty Law In The 1980s, Marian Wright Edelman Dec 1982

Poverty Law In The 1980s, Marian Wright Edelman

Antioch Law Journal

It is self-interest and not justice that propels most people to act. If we intend to help the poor we will need to build coalitions with a range of others in society. When I came out of Mississippi, I thought that people were good if they were for everything I was for, and they were bad if they were not. I learned through the course of trying to protect Head Start that one could bring a whole range of groups together who had a self-interest in child care who would not speak to each other on welfare reform. Our work …