Open Access. Powered by Scholars. Published by Universities.®

Social Welfare Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Journal

Indiana Law Journal

Discipline
Keyword
Publication Year

Articles 1 - 30 of 31

Full-Text Articles in Social Welfare Law

Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold Oct 2020

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 …


Opioid Policing, Barbara Fedders Apr 2019

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 Jul 2017

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 Jul 2017

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 …


The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara Oct 2012

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 Oct 2009

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.


Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey Jul 2003

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 Apr 2002

Conceivable Sterilization: A Constitutional Analysis Of A Norplant/Depo-Provera Welfare Condition, Kimberly A. Smith

Indiana Law Journal

No abstract provided.


The Social Security Administration's Policy Of Nonacquiescence, Angela M. Johnson Oct 1987

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 Jul 1984

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 Apr 1979

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 Oct 1978

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 Jan 1977

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 Jan 1974

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 Oct 1973

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 Jul 1973

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 Jan 1973

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 Oct 1969

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 Jan 1967

Unequal Protection: Poverty And Family Law, Henry H. Foster, Doris Jonas Freed

Indiana Law Journal

No abstract provided.


The Indigent Defendant In The State Criminal Proceeding: Betts V. Brady Is Interred Jul 1963

The Indigent Defendant In The State Criminal Proceeding: Betts V. Brady Is Interred

Indiana Law Journal

No abstract provided.


An Indigent Criminal Defendant Seeks An Appeal Jan 1961

An Indigent Criminal Defendant Seeks An Appeal

Indiana Law Journal

No abstract provided.


Law And Social Change In Contemporary Britain, By Wolfgang G. Friedmann, Stefan A. Riesenfeld Apr 1953

Law And Social Change In Contemporary Britain, By Wolfgang G. Friedmann, Stefan A. Riesenfeld

Indiana Law Journal

No abstract provided.


Public Welfare Jul 1947

Public Welfare

Indiana Law Journal

Indiana Legislation, 1947


Case Work With The Adult Offender, By David Dressier Jul 1943

Case Work With The Adult Offender, By David Dressier

Indiana Law Journal

No abstract provided.


Medical And Social Factors In Crime, A. Warren Stearns Apr 1943

Medical And Social Factors In Crime, A. Warren Stearns

Indiana Law Journal

No abstract provided.


Social Security To Men In Service Apr 1942

Social Security To Men In Service

Indiana Law Journal

Legal Aspects of the Selective Service Act


Litigation Problems Under The Social Security Act, Jack B. Tate Jun 1941

Litigation Problems Under The Social Security Act, Jack B. Tate

Indiana Law Journal

No abstract provided.


Judicial Review Of Public Assistance Determinations, Hubert H. Margolies Jun 1941

Judicial Review Of Public Assistance Determinations, Hubert H. Margolies

Indiana Law Journal

No abstract provided.


The Lawyer And The Public Welfare, Samuel Rubin Feb 1928

The Lawyer And The Public Welfare, Samuel Rubin

Indiana Law Journal

No abstract provided.


Law And Social Change, Roscoe Pound Dec 1927

Law And Social Change, Roscoe Pound

Indiana Law Journal

Address before the Indiana Conference on Social Work, held at Elkhart, Oct. 8-14, 1927