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Articles 1 - 13 of 13
Full-Text Articles in Social Welfare Law
Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson
Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson
University of Michigan Journal of Law Reform
Over thirty years ago the United States Supreme Court upheld an Oregon statute that allowed sentencing courts, with a number of important procedural safeguards, to impose on indigent criminal defendants the obligation to repay the cost of their court appointed attorneys. The practice of ordering recoupment or contribution (application fees or co-pays) of public defender attorney's fees is widespread, although collection rates are unsurprisingly low. Developments since the Court's decision in Fuller v. Oregon show that not only is recoupment not cost-effective, but it too easily becomes an aspect of punishment, rather than legitimate cost recovery. In a number of …
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
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.
Orphan Train Myths And Legal Reality , Rebecca S. Trammell
Orphan Train Myths And Legal Reality , Rebecca S. Trammell
The Modern American
No abstract provided.
The Law And The Host Of The Canterbury Tales, 43 J. Marshall L. Rev. 51 (2009), Frederick B. Jonassen
The Law And The Host Of The Canterbury Tales, 43 J. Marshall L. Rev. 51 (2009), Frederick B. Jonassen
UIC Law Review
No abstract provided.
Putting Children Last: How Washington Has Failed To Protect The Dependent Child's Best Interest In Visitation, Jennifer K. Smith
Putting Children Last: How Washington Has Failed To Protect The Dependent Child's Best Interest In Visitation, Jennifer K. Smith
Seattle University Law Review
This Comment proposes three amendments to the Washington Visitation Statute that would ensure juvenile courts properly focus on the long-term best interests of children and reduce children's exposure to abuse in the visitation setting. To analyze the existing tension between the rights of parents and the rights of children, Part II of this Comment traces the development of family rights and state intervention under Roman, constitutional, and Washington law. In particular, this Part focuses on the origins of parental rights, the parens patriae right of states, and the rights of children. Part III addresses the dependency process in Washington by …
Echoes Of The Sumptuary Impulse: Considering The Threads Of Social Identity, Economic Protectionism, And Public Morality In The Proposed Design Piracy Prohibition Act, Lucille M. Ponte
Vanderbilt Journal of Entertainment & Technology Law
Traditional sumptuary laws, especially those government efforts aimed at regulating public attire, are often considered to be largely dusty relics of pre-industrial societies. Yet cultural legal theorists have long argued that sumptuary codes are still relevant and inextricably linked to the development of our contemporary socio-legal hierarchy. A better understanding of the primary objectives embodied in earlier sumptuary codes can shed important historical light and guidance on issues being discussed in current policy-making arenas, such as the proposed Design Piracy Prohibition Act (DPPA). The proposed law has yielded lively debates amongst legal commentators and industry professionals regarding whether or not …
Whose Safety Net? Reflections On "Untangling", Henry L. Woodward
Whose Safety Net? Reflections On "Untangling", Henry L. Woodward
Washington and Lee Law Review
No abstract provided.
A Comment On Untangling The Safety Net: Protecting Federal Benefits From Freezes, Fees, And Garnishment, By Allen C. Myers, Phillip T. Lacy
A Comment On Untangling The Safety Net: Protecting Federal Benefits From Freezes, Fees, And Garnishment, By Allen C. Myers, Phillip T. Lacy
Washington and Lee Law Review
No abstract provided.
The Deficit Reduction Act Of 2005 - Reducing The Number Of Recipients And Applicants Eligible To Receive Medicaid Benefits, Christal Contini
The Deficit Reduction Act Of 2005 - Reducing The Number Of Recipients And Applicants Eligible To Receive Medicaid Benefits, Christal Contini
Journal of Law and Health
Medically impaired individuals such as George, as well as disaster victims, mentally handicapped persons, homeless persons, and foster children, will be adversely affected by the new citizenship documentation requirements imposed upon the states by the Act. States will also be adversely affected by the increased administrative costs of implementing the Act's requirements. This note asserts that aspects of the citizenship verification requirements treat citizen applicants worse than immigrant applicants, which violates the Due Process Clause of the Fifth Amendment. Amendments should be made to the United States Code and the Code of Federal Regulations to ease the burden on individuals …
Untangling The Safety Net: Protecting Federal Benefits From Freezes, Fees, And Garnishmentt, Allen C. Myers
Untangling The Safety Net: Protecting Federal Benefits From Freezes, Fees, And Garnishmentt, Allen C. Myers
Washington and Lee Law Review
No abstract provided.
Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt
Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt
Michigan Journal of International Law
Part I of this Essay provides an overview of the rural-to-urban migration phenomenon, a trend the author calls the urban juggernaut. This Part includes a discussion of forces compelling the migration, and it also considers consequences for those who are left behind when their family members and neighbors migrate to cities. Part II explores women's roles in food production in the developing world, and it considers the extent to which international development efforts encourage or entail urbanization. Part III attends to the potential of human rights for this population, analyzing the Convention on the Elimination of All Forms of Discrimination …
Responsible Development? The Need For Revision To Seattle's Inclusionary Housing Plan, Jay A. Riffkin
Responsible Development? The Need For Revision To Seattle's Inclusionary Housing Plan, Jay A. Riffkin
Seattle University Law Review
This Comment explores how Seattle's enactment of a limited inclusionary housing plan can effectively meet the challenges of responsible development, both satisfying the city's need for density and affordability and maintaining an economic environment conducive to developer profitability. Although Seattle's current inclusionary housing plan may give adequate incentives to developers, the city needs to move away from its current voluntary plan and toward a mandatory plan that balances increasing developer incentives with a demand for affordable onsite development to serve a broader spectrum of income levels. Part II of this Comment lays out the background of exclusionary and inclusionary zoning …
Restoring Legal Aid To The Poor: A Call To End Draconian And Wasteful Restrictions, Rebekah Diller, Emily Savner
Restoring Legal Aid To The Poor: A Call To End Draconian And Wasteful Restrictions, Rebekah Diller, Emily Savner
Fordham Urban Law Journal
A growing number of national, state, and local voices have called for reform of the legal services restrictions. Reports by Access to Justice and legal services commissions in eighteen states have identified the restrictions as substantial barriers to justice.Others have spoken out about the harms of the restrictions, and particularly their application to non-LSC funds. Describing a lawsuit filed by Oregon against the “program integrity rule,” Governor Ted Kulongoski said: “The important point is that for the first time a state is now party to a suit that attempts to free Legal Aid from restrictions that serve no purpose other …