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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
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
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
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
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
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
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
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
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
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
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
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
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.
Advocacy Strategies In Social Welfare Policy: Homelessness, Barbara Sard
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. …