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Social Welfare Law Commons

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Articles 1 - 27 of 27

Full-Text Articles in Social Welfare Law

Due Process Supreme Court Rockland County Jul 2019

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.


Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian Nov 2015

Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian

Pace Law Review

Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …


Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek Nov 2014

Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek

Touro Law Review

No abstract provided.


Due Process In Unemployment Insurance Adjudication: Overview Of The Unemployment Insurance System, Frank J. Barbaro Apr 2013

Due Process In Unemployment Insurance Adjudication: Overview Of The Unemployment Insurance System, Frank J. Barbaro

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Advocacy In Health Proceedings In New York State, Kia C. Franklin Apr 2013

Advocacy In Health Proceedings In New York State, Kia C. Franklin

Touro Law Review

Individuals and communities navigating the healthcare system without an advocate often experience devastating outcomes and become burdened with unnecessary costs. These negative outcomes undermine the very utility of our healthcare system. The creation of a legal right to counsel for individuals with critical health related claims would meet an important and unmet need in our health and legal systems by empowering patients, improving the quality of health for many, and preventing unnecessary costs to the health care system.

A dedicated group of healthcare advocates, lawyers, public policy analysts, and other concerned individuals gathered together at Touro Law Center to strategize …


Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia Apr 2013

Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia

Touro Law Review

This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock …


Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel Apr 2013

Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel

Touro Law Review

The following is based on a transcript of a panel discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March, 2008.


Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel Apr 2013

Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel

Touro Law Review

No abstract provided.


Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney Dec 2012

Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney

Touro Law Review

Sex offenders are among the most loathed and detested members of our society. Over the past fifteen years, communities have zealously passed laws restricting the rights of sex offenders. These laws mandate that sex offenders register with authorities and severely limit where sex offenders may reside. This legislation is designed to foster an important goal: to protect the health and safety of children from possible recidivism from sex offenders. In 2007, the Town Board of Huntington, New York, passed a law barring sex offenders from renting or leasing accessory apartments within the Town. The health and safety of the town's …


Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Helen Hershkoff Jan 1997

Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Helen Hershkoff

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


Public Relief Jan 1995

Public Relief

Touro Law Review

No abstract provided.


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Public Relief Jan 1992

Public Relief

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Public Relief Jan 1992

Public Relief

Touro Law Review

No abstract provided.


Public Health Jan 1992

Public Health

Touro Law Review

No abstract provided.


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Public Relief And Care Jan 1991

Public Relief And Care

Touro Law Review

No abstract provided.


Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio Jan 1988

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.


Legal Aid--Lay Control And Organizational Complexity Render Oeo Legal Service Program Unacceptable To New York Court--In Re Community Action For Legal Services, Inc., Michigan Law Review Dec 1967

Legal Aid--Lay Control And Organizational Complexity Render Oeo Legal Service Program Unacceptable To New York Court--In Re Community Action For Legal Services, Inc., Michigan Law Review

Michigan Law Review

The Office of Economic Opportunity (OEO) and the New York City Council Against Poverty approved the organization and the OEO funding of three legal service corporations as part of a comprehensive program to provide legal assistance to New York City's poor. According to the plan, the first corporation, Community Action for Legal Services, Inc. (CALS), was to approve proposed plans for setting up and operating neighborhood law offices with OEO funds and then to supervise and coordinate the agencies that sought to put those plans into operation. These agencies, operating as delegates of CALS, and under subcontracts with it, were …