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Articles 1 - 30 of 32
Full-Text Articles in Social Welfare Law
Twenty-Five Years Of Dynamic Tension: The Parkdale Community Legal Services Experience, Shelley A.M. Gavigan
Twenty-Five Years Of Dynamic Tension: The Parkdale Community Legal Services Experience, Shelley A.M. Gavigan
Osgoode Hall Law Journal
Parkdale Community Legal Services has been the site of initiatives, challenges, and historic accomplishments in the areas of community-based poverty law, community organizing and law reform, and clinical legal education. In this article, the author takes the occasion of the clinic's twenty-fifth anniversary to consider some of the events and issues that shaped Parkdale's history. Drawing on a range of sources, including evaluations and reports, student writing, and scholarly publications, the author examines the issues and debates that PCLS has sparked at Osgoode Hall Law School, and some of the ground it has broken more generally in its work. The …
The Spousal Assault Policy: A Critical Analysis, Leah Rachin
The Spousal Assault Policy: A Critical Analysis, Leah Rachin
Osgoode Hall Law Journal
This article examines the complex relationship between PCLS's spousal assault policy and the clinic's mandate to practice poverty law. The author addresses the conflict which arises from the clinic's attempt to reconcile two goals-access to justice for all members of Parkdale's poor community and advocacy in the area of violence against women. The article also examines whether poverty can serve as a catalyst for violent behaviour or whether such a hypothesis is based on classist myths and assumptions. Ultimately, the author concludes that if battering can be linked to poverty, then PCLS (as a poverty law clinic) has an obligation …
The Ellis Archives-1972 To 1981: An Early View From The Parkdale Trenches, S. Ronald Ellis
The Ellis Archives-1972 To 1981: An Early View From The Parkdale Trenches, S. Ronald Ellis
Osgoode Hall Law Journal
The author was intimately involved with PCLS from 1972 to 1981. Significant extracts from a recently uncovered, personal horde of archival materials--framed by the author's description and explication of the materials' original context--provide old perspectives on a wide range of surprisingly current issues--perspectives which the author believes readers will find still useful. The subject matter includes: the private bar's role in the ultimate success of PCLS and the clinic system; legal aid services; the bar's role in the legal aid system; the need for customized legal services in low-income communities; the role and operation of community based legal clinics; a …
The Demystification Of Legal Discourse: Reconceiving The Role Of The Poverty Lawyer As Agent Of The Poor, Cherie Robertson
The Demystification Of Legal Discourse: Reconceiving The Role Of The Poverty Lawyer As Agent Of The Poor, Cherie Robertson
Osgoode Hall Law Journal
By employing traditional methods of legal representation when acting on behalf of those living in poverty, lawyers act to perpetuate the disempowerment of poor people.. While the systemic barriers confronting the poor must be addressed, so too must the power of the poor to help themselves through organization and resistance. The task of the poverty lawyer committed to facilitating the agency of the poor is made difficult by the exclusivity and formalism of legal discourse, the constraints of the Rules of Professional Conduct, and by traditional understandings of the appropriate role of lawyers. However, a reconceptualization of the role of …
Safe At Home: Protecting Female Tenants From Violence, Lori A. Pope
Safe At Home: Protecting Female Tenants From Violence, Lori A. Pope
Osgoode Hall Law Journal
This article deals with the tension for legal aid clinics between a policy of not representing landlords and a policy of acting for abused women rather than their alleged abusers. Many women face violence where they live, which can jeopardize their tenancies. To combat the resulting legal problems effectively, clinics may need to work indirectly or even directly for landlords. Clinics ought also to consider lobbying for changes to legislation to allow tenants to take action directly against other tenants who threaten their safety. Parkdale Community Legal Services (PCLS), which led the way for other clinics in their adoption of …
Clinics In A Cold Climate: Community Law Centres In England And Wales, Roger Smith
Clinics In A Cold Climate: Community Law Centres In England And Wales, Roger Smith
Osgoode Hall Law Journal
Legal aid clinics in England and Wales, known as law centres, have struggled since they were set up in the early 1970s. They overcame the initial protests of the private profession, which saw the centres as competition, and established an important presence in social welfare law during the 1970s and 1980s. In 1986, the government began implementing financial cuts to the system. Over the next decade, the increased cuts led to a race towards "contract culture" and the introduction of "franchising" within the legal aid system. The implications of fiscal restraint on the efficiency and the quality of the service …
The Dream Is Still Alive: Twenty-Five Years Of Parkdale Community Legal Services And The Osgoode Hall Law School Intensive Program In Poverty Law, Frederick H. Zemans
The Dream Is Still Alive: Twenty-Five Years Of Parkdale Community Legal Services And The Osgoode Hall Law School Intensive Program In Poverty Law, Frederick H. Zemans
Osgoode Hall Law Journal
Over twenty-five years have passed since Parkdale Community Legal Services opened its doors in Toronto, changing the face of poverty law and clinical legal education in Ontario. This article details the formative years of the Parkdale clinic and its ongoing partnership with Osgoode Hall Law School. Despite initial opposition from the legal profession the clinic has survived, evolving into an innovative educational tool and delivery model of legal services. The clinic has become an essential component of the mixed Ontario legal aid system and a pattern for other clinics and clinical education programs in Canada. This article documents the considerations …
The Legal Advocate And The Questionably Competent Client In The Context Of A Poverty Law Clinic, Diana A. Romano
The Legal Advocate And The Questionably Competent Client In The Context Of A Poverty Law Clinic, Diana A. Romano
Osgoode Hall Law Journal
Advocates representing the poor must, above all, take into account the extreme vulnerability of their clients. This challenge is heightened where one suspects that a client may lack the capacity to provide appropriate instructions. This article considers the issue of how competency should be defined and the options available where incompetency is determined. Ultimately, advocacy must include personal empowerment as well as legal representation.
The Perils Of Poverty: Prostitutes' Rights, Police Misconduct, And Poverty Law, Ray Kuszelewski, Dianne L. Martin
The Perils Of Poverty: Prostitutes' Rights, Police Misconduct, And Poverty Law, Ray Kuszelewski, Dianne L. Martin
Osgoode Hall Law Journal
This article is divided in two parts. In Part I, Ray Kuszelewski details the history of setbacks in representing street prostitutes faced by community-based initiatives at Parkdale Community Legal Services (PCLS). It is a personal, anecdotal, account of the clinic's evolutionary role in tackling the perils of poverty for street prostitutes. In Part II, Dianne Martin complements the first section by addressing the specific problem of police misconduct. The commentary is historical and theoretical in examining prior efforts at reform and argues for the development of a new, collaborative approach. The context is local and particularized in a community legal …
Welfare Reform In The United States, Joel F. Handler
Welfare Reform In The United States, Joel F. Handler
Osgoode Hall Law Journal
Advanced countries that are experiencing high unemployment are reconsidering their generous welfare states in light of the American experience. This article sets forth a summary of the principles of the U.S. welfare reform -particularly enforcing work requirements by time-limited welfare-as well as the assumptions, including, principally, that welfare destroys work incentives and that jobs are available for those who want to work. In fact, most welfare recipients have extensive connections to the labour market, but cannot survive on either jobs or welfare. If the reforms are carried out as intended, severe hardship will result. The predicted outcome is that most …
Interstate Collection Of Child Support And Federalism: Why The States Have Authority And What They Need To Do To Keep It, Eric S. Lind
Interstate Collection Of Child Support And Federalism: Why The States Have Authority And What They Need To Do To Keep It, Eric S. Lind
Brigham Young University Journal of Public Law
No abstract provided.
Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn
Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn
Michigan Law Review
Welfare "as we know it" ended in 1996, a victim of a conservatism that views welfare recipients as lazy and immoral. One aspect of welfare that is, however, unlikely to experience radical change is child support. More vigorous child support enforcement has become an increasingly important component of federal welfare reform bills over the past two decades because of the twin hopes of fiscal and parental responsibility: first, that child support will reimburse welfare costs, and second, that fathers will take more responsibility for their children. Child support programs within the welfare system perpetuate a negative perception of poor people. …
The Best Interests Of Children In The Cultural Context Of The Indian Child Welfare Act In In Re S.S. And R.S., Alissa M. Wilson
The Best Interests Of Children In The Cultural Context Of The Indian Child Welfare Act In In Re S.S. And R.S., Alissa M. Wilson
Loyola University Chicago Law Journal
No abstract provided.
Keynote Address: Social Justice Week 1997, Peter Edelman
Keynote Address: Social Justice Week 1997, Peter Edelman
Richmond Public Interest Law Review
I am pleased to be here not just to talk about the question of what happens to poor people under the new welfare legislation, but also because you have asked me to speak as part of your Social Justice Week. It is very important that you have Social Justice Week and that so many people are so interested in participating. As I will say in more detail later, it is urgent that we get beyond the debate over welfare at the same time as we pay careful attention to the implementation of the new welfare legislation. Our real effort has …
Welfare Reform And Unitended Consequences: Its Impact On A Local Child Protection Program, Larry Nackerud, Nicole Deets, Curtis Kleem, Alicia Isaac
Welfare Reform And Unitended Consequences: Its Impact On A Local Child Protection Program, Larry Nackerud, Nicole Deets, Curtis Kleem, Alicia Isaac
Richmond Public Interest Law Review
On August 22, 1996, President Clinton signed into law the Personal Responsibility and Work Opportunity Reconciliation Act. The Act represents a fundamental shift in the relationship between the federal government, the fifty states, and persons living in poverty. A shift of this magnitude cannot be analyzed properly without considering the significant impact of unintended consequences that may result from the new policy. Often, unintended consequences occur when two different policies, in this case, public welfare and child protective services, collide. One such possible unintended consequence of this policy shift may be to reduce the effectiveness of a successful child protection …
Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper
Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper
Richmond Public Interest Law Review
In 1995, Virginia became the first state to submit a comprehensive statewide welfare reform plan to the federal government.The crusade for a more effective Virginia welfare system was led by Governor George Allen.The federal government granted Virginia numerous waivers from federal regulations enabling Virginia to implement the Virginia Independence Plan ("VIP") and the Virginia Initiative for Employment not Welfare ("VIEW") component.According to the Virginia Department of Health and Human Resource's 1996 annual report, because of VIP and VIEW the number of welfare recipients decreased, employment rates increased and taxpayers saved 24 million dollars. On February 1, 1997, in response to …
Welfare Reform, Work-Related Child Care, And Tax Policy: The "Family Values" Double Standard, Mary L. Heen
Welfare Reform, Work-Related Child Care, And Tax Policy: The "Family Values" Double Standard, Mary L. Heen
Richmond Public Interest Law Review
The welfare reform legislation signed into law last year repeals the entitlement to welfare and imposes strict time limits on the receipt of benefits. Although federal work requirements have been in effect for nearly thirty years, the new law requires the states to meet more stringent work participation levels and makes the work requirements applicable to mothers with younger children.The shift in the welfare paradigm toward mandatory wage work for mothers with young children has not been accompanied, however, by a corresponding policy shift toward universal or affordable child care.
Keynote Address: Social Justice Week 1997, Peter Edelman
Keynote Address: Social Justice Week 1997, Peter Edelman
Richmond Journal of Law and the Public Interest
I am pleased to be here not just to talk about the question of what happens to poor people under the new welfare legislation, but also because you have asked me to speak as part of your Social Justice Week. It is very important that you have Social Justice Week and that so many people are so interested in participating. As I will say in more detail later, it is urgent that we get beyond the debate over welfare at the same time as we pay careful attention to the implementation of the new welfare legislation. Our real effort has …
Welfare Reform, Work-Related Child Care, And Tax Policy: The "Family Values" Double Standard, Mary L. Heen
Welfare Reform, Work-Related Child Care, And Tax Policy: The "Family Values" Double Standard, Mary L. Heen
Richmond Journal of Law and the Public Interest
The welfare reform legislation signed into law last year repeals the entitlement to welfare and imposes strict time limits on the receipt of benefits. Although federal work requirements have been in effect for nearly thirty years, the new law requires the states to meet more stringent work participation levels and makes the work requirements applicable to mothers with younger children.The shift in the welfare paradigm toward mandatory wage work for mothers with young children has not been accompanied, however, by a corresponding policy shift toward universal or affordable child care.
The Earned Income Tax Credit And Welfare Reform, James Williams
The Earned Income Tax Credit And Welfare Reform, James Williams
Richmond Journal of Law and the Public Interest
The focus of this paper is the EITC and its important role in welfare reform. The current welfare system has been criticized on the grounds that it does not promote and encourage work. Critics also claim that welfare welfare is ineffective in reducing poverty, especially among children. The EITC addresses several of these complaints. First, the EITC "[i]s strongly pro-work. Only working families qualify for it. In addition, unlike welfare benefits, EITC payments rise rather than fall with earnings across that critical low-income range where we want to encourage work effort." Proponents of the EITC, such as Senator Bill Bradley …
Reinventing Human Services In America, David Stoesz
Reinventing Human Services In America, David Stoesz
Richmond Journal of Law and the Public Interest
Passage of the Personal Responsibility and Work Opportunity Act (PRWOA) of 1996 presents an opportunity to reinvent human services in America. For more than a decade, the welfare bureaucracy and public assistance programs of state welfare have been in crisis. The clients who depend on welfare detest it, finding and keeping qualified professionals to work in the public social services has become an administrative headache, and taxpayers perceive welfare as a fiscal black hole that perpetuates immorality. The recent decision to "devolve" welfare in a block grant to states underscores the urgency to rethink public assistance to poor families. There …
Rethinking Welfare In The Age Of Devolution, David Tuerck Ph.D., William F. O'Brien Jr., Ph.D.
Rethinking Welfare In The Age Of Devolution, David Tuerck Ph.D., William F. O'Brien Jr., Ph.D.
Richmond Journal of Law and the Public Interest
In August 1996, President Clinton signed the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), landmark welfare-reform legislation that curtails benefits and shifts the responsibility for distributing welfare benefits from the federal government to the states. The new law reflects the public's dissatisfaction with the federal administration of welfare entitlements and, indeed, with the very idea of welfare entitlements. PRWORA embodies the concept of devolution: Temporary Assistance to Needy Families and child care block grants replace Aid to Families with Dependent Children (AFDC) entitlements and a host of other aid programs. Under the law, "[e]xcept as expressly provided …
The Earned Income Tax Credit And Welfare Reform, James Williams
The Earned Income Tax Credit And Welfare Reform, James Williams
Richmond Public Interest Law Review
The focus of this paper is the EITC and its important role in welfare reform. The current welfare system has been criticized on the grounds that it does not promote and encourage work. Critics also claim that welfare welfare is ineffective in reducing poverty, especially among children. The EITC addresses several of these complaints. First, the EITC "[i]s strongly pro-work. Only working families qualify for it. In addition, unlike welfare benefits, EITC payments rise rather than fall with earnings across that critical low-income range where we want to encourage work effort." Proponents of the EITC, such as Senator Bill Bradley …
Rethinking Welfare In The Age Of Devolution, David Tuerck Ph.D., William F. O'Brien Jr., Ph.D.
Rethinking Welfare In The Age Of Devolution, David Tuerck Ph.D., William F. O'Brien Jr., Ph.D.
Richmond Public Interest Law Review
In August 1996, President Clinton signed the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), landmark welfare-reform legislation that curtails benefits and shifts the responsibility for distributing welfare benefits from the federal government to the states. The new law reflects the public's dissatisfaction with the federal administration of welfare entitlements and, indeed, with the very idea of welfare entitlements. PRWORA embodies the concept of devolution: Temporary Assistance to Needy Families and child care block grants replace Aid to Families with Dependent Children (AFDC) entitlements and a host of other aid programs. Under the law, "[e]xcept as expressly provided …
Charitable Choice: Will This Provision Of Welfare Reform Survive Constitutional Scrutiny?, Joel Weaver
Charitable Choice: Will This Provision Of Welfare Reform Survive Constitutional Scrutiny?, Joel Weaver
Richmond Public Interest Law Review
This article explores the controversy that may arise as states and local governments begin to forge business relationships with religious organizations. Specifically, this article analyzes the continuing attempt by the Supreme Court to define policy concerning these relationships. Section II begins with a discussion of Establishment Clause jurisprudence. This part traces the Supreme Court s movement from a policy of strict separation of church and state towards one based more on neutrality. Section III examines the impact of this standard on interpretation of the "charitable choice" provision. Section IV concludes by suggesting that state legislatures proceed cautiously when enacting laws …
Reinventing Human Services In America, David Stoesz
Reinventing Human Services In America, David Stoesz
Richmond Public Interest Law Review
Passage of the Personal Responsibility and Work Opportunity Act (PRWOA) of 1996 presents an opportunity to reinvent human services in America. For more than a decade, the welfare bureaucracy and public assistance programs of state welfare have been in crisis. The clients who depend on welfare detest it, finding and keeping qualified professionals to work in the public social services has become an administrative headache, and taxpayers perceive welfare as a fiscal black hole that perpetuates immorality. The recent decision to "devolve" welfare in a block grant to states underscores the urgency to rethink public assistance to poor families. There …
Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper
Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper
Richmond Journal of Law and the Public Interest
In 1995, Virginia became the first state to submit a comprehensive statewide welfare reform plan to the federal government.The crusade for a more effective Virginia welfare system was led by Governor George Allen.The federal government granted Virginia numerous waivers from federal regulations enabling Virginia to implement the Virginia Independence Plan ("VIP") and the Virginia Initiative for Employment not Welfare ("VIEW") component.According to the Virginia Department of Health and Human Resource's 1996 annual report, because of VIP and VIEW the number of welfare recipients decreased, employment rates increased and taxpayers saved 24 million dollars. On February 1, 1997, in response to …
Welfare Reform And Unitended Consequences: Its Impact On A Local Child Protection Program, Larry Nackerud, Nicole Deets, Curtis Kleem, Alicia Isaac
Welfare Reform And Unitended Consequences: Its Impact On A Local Child Protection Program, Larry Nackerud, Nicole Deets, Curtis Kleem, Alicia Isaac
Richmond Journal of Law and the Public Interest
On August 22, 1996, President Clinton signed into law the Personal Responsibility and Work Opportunity Reconciliation Act. The Act represents a fundamental shift in the relationship between the federal government, the fifty states, and persons living in poverty. A shift of this magnitude cannot be analyzed properly without considering the significant impact of unintended consequences that may result from the new policy. Often, unintended consequences occur when two different policies, in this case, public welfare and child protective services, collide. One such possible unintended consequence of this policy shift may be to reduce the effectiveness of a successful child protection …
Charitable Choice: Will This Provision Of Welfare Reform Survive Constitutional Scrutiny?, Joel Weaver
Charitable Choice: Will This Provision Of Welfare Reform Survive Constitutional Scrutiny?, Joel Weaver
Richmond Journal of Law and the Public Interest
This article explores the controversy that may arise as states and local governments begin to forge business relationships with religious organizations. Specifically, this article analyzes the continuing attempt by the Supreme Court to define policy concerning these relationships. Section II begins with a discussion of Establishment Clause jurisprudence. This part traces the Supreme Court s movement from a policy of strict separation of church and state towards one based more on neutrality. Section III examines the impact of this standard on interpretation of the "charitable choice" provision. Section IV concludes by suggesting that state legislatures proceed cautiously when enacting laws …
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Helen Hershkoff
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Helen Hershkoff
Touro Law Review
No abstract provided.