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Social Welfare Law Commons

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Journal

2000

Discipline
Institution
Keyword
Publication

Articles 1 - 14 of 14

Full-Text Articles in Social Welfare Law

Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr. Oct 2000

Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr.

Michigan Law Review

In A Critical Reexamination of the Takings Jurisprudence, I addressed an efficiency problem that arises when the government attempts to change property rights in a manner that burdens a very few for the benefit of the very many. Specifically, in the absence of compensation, the collective action advantage of the few in organizing to oppose the proposed measure will often give them a decided edge against the many. As a result of that advantage, the few will too often be able to persuade the legislature not to act, even when an objective evaluation of the proposal's costs and benefits would …


Just Compensation, Incentives, And Social Meanings, Hanoch Dagan Oct 2000

Just Compensation, Incentives, And Social Meanings, Hanoch Dagan

Michigan Law Review

In Takings and Distributive Justice, I proposed a progressive interpretation of the Compensation Clause. In his response, published in this issue, Professor Lunney challenges the plausibility and the desirability of my interpretation and proposes an alternative. This Essay compares our approaches. It concludes that Professor Lunney's careful examination of the public choice analysis of takings does refine my theory. Contrary to Professor Lunney's claims, however, these refinements reinforce - rather than undermine - the viability of a progressive takings doctrine. Parts I and II set the stage by summarizing the principal claims made, respectively, in my original Article and in …


Eliminating Consideration Of Parental Wealth In Post-Divorce Child Custody Disputes, Carolyn J. Frantz Oct 2000

Eliminating Consideration Of Parental Wealth In Post-Divorce Child Custody Disputes, Carolyn J. Frantz

Michigan Law Review

There may be no story as old as that of the child of privilege, spoiled in the things of the world, who finally achieves happiness through coming to appreciate the simple charms of working-class life. But equal in strength are the real life stories of American parents: their drive for the accumulation of personal wealth, so frequently justified as "for the children." The place of wealth in the good life of a child is deeply controversial, and it should surprise no one to see it played out in child custody law. Under the statutes of almost all states, custody disputes …


Defining Recipients Of Federal Financial Assistance Under The Nondiscrimination Statutes, Heidi A. Reamer Sep 2000

Defining Recipients Of Federal Financial Assistance Under The Nondiscrimination Statutes, Heidi A. Reamer

Washington and Lee Law Review

No abstract provided.


"Welfare Reform" And Procedural Due Process Protections: The Massachusetts Example, Carolyn Goodwin Apr 2000

"Welfare Reform" And Procedural Due Process Protections: The Massachusetts Example, Carolyn Goodwin

Buffalo Law Review

No abstract provided.


Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein Jan 2000

Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein

University of Arkansas at Little Rock Law Review

No abstract provided.


Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino Jan 2000

Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.


A House Of Fools: The Child Custody Protection Act, Christopher M. Law Jan 2000

A House Of Fools: The Child Custody Protection Act, Christopher M. Law

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Reflections On The Future Of Social Justice, Lucia A. Silecchia Jan 2000

Reflections On The Future Of Social Justice, Lucia A. Silecchia

Seattle University Law Review

This Address contains remarks made on October 18, 1999 as part of the Dedication Celebration for the Seattle University School of Law.


Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn Jan 2000

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino Jan 2000

Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn Jan 2000

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Economic And Social Rights Come Of Age: United States Held To Account In Iachr, Peter Weiss Jan 2000

Economic And Social Rights Come Of Age: United States Held To Account In Iachr, Peter Weiss

Human Rights Brief

No abstract provided.


Models For Safe Child Support Enforcement, Susan Notar, Viki Turetesky Jan 2000

Models For Safe Child Support Enforcement, Susan Notar, Viki Turetesky

American University Journal of Gender, Social Policy & the Law

No abstract provided.