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Articles 1 - 30 of 61
Full-Text Articles in Social Welfare Law
Peter Approved My Visa, But Paul Denied It, Emily Callan, Johnpaul Callan
Peter Approved My Visa, But Paul Denied It, Emily Callan, Johnpaul Callan
DePaul Journal for Social Justice
No abstract provided.
Prison Bars On Classroom Doors, Cornelius Lee
Prison Bars On Classroom Doors, Cornelius Lee
DePaul Journal for Social Justice
No abstract provided.
How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman
How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman
DePaul Journal for Social Justice
No abstract provided.
What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum
What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum
DePaul Journal for Social Justice
No abstract provided.
Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher
Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher
Seattle University Law Review
For years, states have been using illusory schemes to maximize federal aid intended for Medicaid services—and then often diverting some or all of the resulting funds to other use. And states have help. Private revenue maximization consultants are hired by states to increase Medicaid claims, often for a contingency fee. We do not know the exact amount of federal Medicaid funds that has been diverted to state revenue and private profit each year, but it is in the billions. Part I of this Article sets out the structure of the Medicaid program and describes states’ use of revenue maximization contractors …
The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell
The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell
Seattle University Law Review
When, in 2015, a Louisiana prison warden publically likened the Black Panther Party to the Ku Klux Klan, I was stunned. The differences between the two groups seemed so extreme and so obvious I could not imagine ineptness of this magnitude. Not long after this, a Georgia legislator unashamedly express that the Ku Klux Klan was not a racist, terrorist group, but merely a vigilante group trying to keep law and order. After initial dismay, each of these instances evoked thoughts of the far-reaching implications of officials making operational and policy decisions around such a flawed appreciation of history. These …
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy
Seattle University Law Review
On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are …
Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni
Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni
Seattle University Law Review
Adult begging in Italy has been decriminalized since a Constitutional Court decision in 1995 and an ensuing law, no. 205, in 1999. Nonetheless, beggars, particularly Roma ones, are still perceived by the public as a nuisance, like an issue that should be dealt with. Sensible to the pressure of its constituency, even Florence—a city with a tradition of openness and inclusion—has taken measures against begging and other similar street-level economic activities. Between 2007 and 2008, the first wave of city action in Florence was directed at windshield cleaners at traffic lights. Even though the policy was challenged, it produced the …
Keynote Remarks: Academic Activism And Freedom Of Speech, Gene Nichol
Keynote Remarks: Academic Activism And Freedom Of Speech, Gene Nichol
Seattle University Law Review
I am much honored to be here, in such remarkable company. By my lights, the folks in this room represent the best of the legal academy; those who think, stunningly, that the real world, outside campus walls, actually matters; those who, every day, live out Václav Havel’s definition of hope. Havel thought of hope not as a prediction of success or a description of the world around us but as a conscious choice to live in the belief that we can make a difference in the quality of our shared, and sometimes threatened, lives. When you think about it, the …
Fighting Collateral Sanctions One Statute At A Time: Addressing The Inadequacy Of Child Endangerment Statutes And How They Affect The Employment Aspirations Of Criminal Offenders, Sarah Wetzel
Akron Law Review
In an age where one in four adult Americans has a criminal record, post-conviction relief measures and review of criminal statutes is on the rise. This Comment addresses the inadequacy of current child endangerment statutes around the country by providing examples of those which are too broad and result in convictions of well-meaning parents and those which are too narrow and allow other parents to harm their children without repercussion. It then places these statutes in the context of collateral sanctions that are imposed on individuals with child endangerment convictions, particularly those related to employment and professional licensing.
Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand
Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros
Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros
Seattle University Law Review
The articles in this Symposium are arranged in three clusters. One cluster focuses on the definition of slavery and involuntary servitude and the reach of the Thirteenth Amendment in prohibiting oppressive labor relationships. Another cluster analyzes several positive class-based rights that emanate from the Thirteenth Amendment. The final cluster examines contemporary examples of oppressive labor that could violate the Thirteenth Amendment’s proscription against slavery and involuntary servitude.
The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope
The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope
Seattle University Law Review
In Robertson v. Baldwin, the Supreme Court held that merchant seamen under contract could be legally compelled to work notwithstanding the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. According to the Court, seamen were “deficient in that full and intelligent responsibility for their acts which is accredited to ordinary adults,” and therefore could—along with children and wards—be deprived of liberty. Over the past few years, however, several courts have applied statutory bans on “involuntary servitude” and “forced labor” (a “species of involuntary servitude”) to protect women and children in domestic settings. These cases suggest that Robertson’s categorical exclusion is …
The Constitution And Slavery Overseas, George Rutherglen
The Constitution And Slavery Overseas, George Rutherglen
Seattle University Law Review
This Article examines the resources available under American law to address the issues raised by extraterritorial enforcement of one of the most widely recognized human rights—to be free from physical coercion and the loss of liberty. Part I reviews the history of adoption, interpretation, and enforcement of the Thirteenth Amendment. The scope of the Amendment gradually expanded through the joint efforts of Congress and the Supreme Court, resulting in a prohibition that now goes beyond involuntary servitude to all forms of peonage, whether supported by state or private action. Part II then looks to other sources of congressional power—the Commerce …
The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason Mcaward
The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason Mcaward
Seattle University Law Review
The two most recent federal statutes passed pursuant to Congress’s Thirteenth Amendment enforcement power are the Trafficking Victims Protection Act of 2000 (TVPA) and the Shepard-Byrd Hate Crimes Act of 2009. While the Thirteenth Amendment basis of the TVPA has never been questioned in court, the constitutionality of the Shepard-Byrd Act has been challenged (albeit unsuccessfully) in a series of recent cases. This Essay will consider this disparity and suggest that it tells us something about the parameters of the Thirteenth Amendment enforcement power. In particular, it suggests that congressional power is at its apex when the conduct regulated—like human …
A Positive Right To Free Labor, Rebecca E. Zietlow
A Positive Right To Free Labor, Rebecca E. Zietlow
Seattle University Law Review
This Article seeks to resurrect a lost thread in our civil rights tradition: the idea that workers have a positive right to free labor. A positive right to free labor includes the right to work for a living wage free of undue coercion and free from discrimination based on immutable characteristics. Not merely the negative guarantee against the state’s infringement on individual equality and liberty, a positive right to free labor is immediately enforceable against state and private parties. A positive right to free labor is rooted in the Thirteenth Amendment of the Constitution, which prohibits slavery and involuntary servitude …
The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde
The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde
Seattle University Law Review
Historically, the law of master-servant allowed corporal punishment. Today it seems strange to contemplate that intentionally inflicted violence was ever an acceptable method of compelling workers to labor in America. Strange as it seems, the practice of striking servants to discipline them was considered a legitimate, implicit part of the relationship between masters and servants. Servants, as well as slaves, could be subjected to cuffings and even severe beatings as means of “correction” and compulsion to labor. Menial servants, apprentices, and domestic servants could be beaten with hands, fists, straps, sticks, and sometimes whips, all in the name of correction …
Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.
Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.
Seattle University Law Review
The Thirteenth Amendment currently enjoys a robust renaissance among legal scholars who contend that it provides a judicial remedy for and congressional authority to proscribe the “badges and incidents of slavery.” As discussed below, this interpretation, although not self- evident from the Amendment’s bare text, is well supported by the Amendment’s history and context, the Framers’ explicit intentions, the legislative debates in Congress leading to the Amendment’s adoption, and the contemporaneous legal understanding of the ways in which the Slave Power that had come to dominate and distort American society. This Article briefly explores whether the Thirteenth Amendment applies to …
A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz
A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz
Seattle University Law Review
Child support enforcement is one of several contemporary contexts in which the state threatens to incarcerate people if they fail to work. This symposium essay explores whether this practice violates the Thirteenth Amendment’s ban on involuntary servitude. At first glance, such threats fall squarely within the ambit of the early 20th century peonage cases. There, the Supreme Court struck down criminal enforcement of legal obligations to work off a debt. Several modern courts have declined to reach a similar conclusion when child support enforcement puts obligors to a choice between paying, working, and going to jail. To do so, these …
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
Seattle Journal for Social Justice
No abstract provided.
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Seattle Journal for Social Justice
No abstract provided.
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Seattle Journal for Social Justice
No abstract provided.
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Seattle Journal for Social Justice
No abstract provided.
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert
Seattle Journal for Social Justice
No abstract provided.
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Seattle Journal for Social Justice
No abstract provided.
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Seattle Journal for Social Justice
No abstract provided.
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee
Seattle Journal for Social Justice
No abstract provided.
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.