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Social Welfare Law Commons

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Articles 1 - 19 of 19

Full-Text Articles in Social Welfare Law

What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein Nov 1992

What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein

Michigan Law Review

In this article, I have two principal goals. The first is to explain why Lujan's invalidation of a congressional grant of standing is a misinterpretation of the Constitution. It is now apparently the law that Article III forbids Congress from granting standing to "citizens" to bring suit. But this view, building on an unfortunate innovation in standing law by Justice William 0. Douglas, is surprisingly novel. It has no support in the text or history of Article III. It is essentially an invention of federal judges, and recent ones at that. Certainly it should not be accepted by judges …


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 …


Lashawn A. V. Dixon: Responding To The Pleas Of Children, Stacy Marie Colvin Mar 1992

Lashawn A. V. Dixon: Responding To The Pleas Of Children, Stacy Marie Colvin

Washington and Lee Law Review

No abstract provided.


Beyond Legal Rights? The Future Of Legal Rights And The Welfare System, Paul K. Legler Mar 1992

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.


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Public Relief Jan 1992

Public Relief

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Public Relief Jan 1992

Public Relief

Touro Law Review

No abstract provided.


Public Health Jan 1992

Public Health

Touro Law Review

No abstract provided.


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Advocacy Strategies In Social Welfare Policy: Homelessness, Barbara Sard Jan 1992

Advocacy Strategies In Social Welfare Policy: Homelessness, Barbara Sard

Cleveland State Law Review

I currently direct the homelessness unit at Greater Boston Legal Services after having been a welfare lawyer for fifteen years. When I first started teaching at Harvard about six years ago, I taught a course on Welfare Law. There is a value in teaching homelessness law as a discrete topic rather than lumping it under the traditional topics of welfare law or housing law. Initially, when I started teaching at Harvard, my goal was to impress the students with the fact that a poverty law subject like Welfare Law was as complicated doctrinally as anything else that they might learn. …