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Articles 1 - 30 of 30
Full-Text Articles in Social Welfare Law
Self-Sufficiency: The Approach Welfare Reform Should Take In Order To Remedy The Shortcomings Of Past Efforts, Ashley Carroll
Self-Sufficiency: The Approach Welfare Reform Should Take In Order To Remedy The Shortcomings Of Past Efforts, Ashley Carroll
Journal of the National Association of Administrative Law Judiciary
This comment will explain the evolution of welfare reform, present some proposals that others have suggested in order to remedy the problems the current system has, and suggest a way to best serve those of a lower socio-economic status. Part II explains the background on welfare reform and why the reform that occurred during the Clinton administration was so revolutionary. It will explain how the progress in the Clinton administration impacted the effectiveness of welfare reform. Part III details how the current welfare programs in place impact the United States, and how the changes by the Obama administration contrast with …
Goldberg V. Kelly, Welfare Reform, And The Case Against Judicial Review For The Client In State Public Assistance Hearings, Brenda Brown Perez
Goldberg V. Kelly, Welfare Reform, And The Case Against Judicial Review For The Client In State Public Assistance Hearings, Brenda Brown Perez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Stratification Of The Welfare Poor: Intersections Of Gender, Race, And “Worthiness” In Poverty Discourse And Policy, Bridgette Baldwin
Stratification Of The Welfare Poor: Intersections Of Gender, Race, And “Worthiness” In Poverty Discourse And Policy, Bridgette Baldwin
The Modern American
No abstract provided.
Why Does It Matter Where I Live? Welfare Reform, Equal Protection, And The Maryland Constitution, Karen Syma Czapanskiy
Why Does It Matter Where I Live? Welfare Reform, Equal Protection, And The Maryland Constitution, Karen Syma Czapanskiy
Maryland Law Review
No abstract provided.
The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini
The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini
Maryland Law Review
No abstract provided.
The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith
The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith
Michigan Journal of Gender & Law
In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then …
Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts
Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts
Maryland Law Review
No abstract provided.
Symposium - Welfare Reform Ends In 2002: What's Ahead For Low-Income And No-Income Families? Introduction, Karen Syma Czapanskiy
Symposium - Welfare Reform Ends In 2002: What's Ahead For Low-Income And No-Income Families? Introduction, Karen Syma Czapanskiy
Maryland Law Review
No abstract provided.
Reconciling Welfare Devolution And Due Process Protection, Cheryl M. Miller
Reconciling Welfare Devolution And Due Process Protection, Cheryl M. Miller
Maryland Law Review
No abstract provided.
Children In Poverty: Reconciling Children's Interests With Child Protective And Welfare Policies, Sarah H. Ramsey
Children In Poverty: Reconciling Children's Interests With Child Protective And Welfare Policies, Sarah H. Ramsey
Maryland Law Review
No abstract provided.
Parents, Children, And Work-First Welfare Reform: Where Is The C In Tanf?, Karen Syma Czapanskiy
Parents, Children, And Work-First Welfare Reform: Where Is The C In Tanf?, Karen Syma Czapanskiy
Maryland Law Review
No abstract provided.
Weaving A Safety Net: Poor Women, Welfare, And Work In The Chicken And Catfish Industries, Sherrilyn A. Ifill
Weaving A Safety Net: Poor Women, Welfare, And Work In The Chicken And Catfish Industries, Sherrilyn A. Ifill
University of Maryland Law Journal of Race, Religion, Gender and Class
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. …
An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms
An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms
Michigan Law Review
A Review of Joel F. Handler, The Poverty of Welfare Reform and Mark Robert Rank, Living on the Edge: The Realities of Welfare in America
Stepping Into The Projects: Lawmaking, Storytelling, And Practicing The Politics Of Identification, Lisa A. Crooms
Stepping Into The Projects: Lawmaking, Storytelling, And Practicing The Politics Of Identification, Lisa A. Crooms
Michigan Journal of Race and Law
In her article, "The Black Community," Its Lawbreakers, and a Politics of Identification, Professor Regina Austin proposes a paradigm to move the Black community beyond a "manifestation of a nostalgic longing for a time when blacks were clearly distinguishable from whites and concern about the welfare of the poor was more natural than our hairdos.” Austin's politics of identification provides the conceptual framework through which the Black community can reconstitute itself in accordance with its own principles, which may or may not be those embraced by the mainstream. This article considers Professor Regina Austin’s politics of identification as practiced by …
The Administration Of Public Assistance, James A. Krauskopf
The Administration Of Public Assistance, James A. Krauskopf
Fordham Urban Law Journal
This Essay discusses the problems of implementation and administration of proposed welfare reforms. It gives a brief historical background on such reforms, describes the nature of their administration, discusses current and proposed reforms and the public perceptions of them, and compares welfare to other government expenditures. It concludes by recommending that social services be integrated at the local rather than federal level.
Urban Welfare Reform: A Community-Based Perspective, Margo D. Butts
Urban Welfare Reform: A Community-Based Perspective, Margo D. Butts
Fordham Urban Law Journal
This Essay advocates for community-based efforts to redeem the welfare system. It first discusses the causes of welfare dependency, and the adverse effects of current reform proposals. It then outlines goals for effective welfare reform, and describes the welfare reform program being implemented by the Bedford-Stuyvesant community. It concludes that effective welfare reform requires community initiated programs that focus on remedying factors leading to poverty, best identified and dealt with on a local level.
Is There A Doctrine In The House? Welfare Reform And The Unconstitutional Conditions Doctrine, Jonathan Romberg
Is There A Doctrine In The House? Welfare Reform And The Unconstitutional Conditions Doctrine, Jonathan Romberg
Fordham Urban Law Journal
This Article proposes that courts should subject unconstitutional conditions cases to intermediate scrutiny rather than presuming that a conditioned benefit is either valid or invalid based on its formal attributes. In conducting intermediate scrutiny, courts should consider: (i) the degree of equality or neutrality demanded by the underlying constitutional right; (ii) the importance of the benefit to the recipient; (iii) the germaneness of the condition to the reason the government may legitimately deny the benefit in the absence of the condition, and thus whether the government is attempting to use its economic and regulatory powers to gain leverage over a …
Disability And Welfare Reform: Keep The Supplemental Security Income Program But Reengineer The Disability Determination Process, Gay Gellhorn
Fordham Urban Law Journal
The thesis of this Article is that reform of the Supplemental Security Income disability program is properly on the welfare reform agenda, but not in the terms cast by proposed legislation. Procedural reform targeting identified problems should be the first step, rather than the termination of the federal entitlement program or the re-writing of the eligibility criteria. Substantive reform should follow such procedural reform. Therefore, this Article will focus particularly on procedural reform, although it will place that discussion in the context of the current legislative climate. Part II of this Article describes the current disability determination process and why …
Race, Rat Bites And Unfit Mothers: How Media Discourse Informs Welfare Legislation Debate, Lucy A. Williams
Race, Rat Bites And Unfit Mothers: How Media Discourse Informs Welfare Legislation Debate, Lucy A. Williams
Fordham Urban Law Journal
The goal of this article is to expose and critique the media images of poor women that drive legislative debate in AFDC public policy issues. Part II discusses the media image and its centrality in shaping social perceptions of welfare. Part III explores the impact of media images on law-making by focusing on three statutory time periods: 1935, when the AFDC program was initially enacted as part of the Social Security Act; 1967, when the first mandatory work requirements were, added to the AFDC statute; and the present, when states are implementing widely divergent categorical eligibility requirements that restrict AFDC …
The Implications Of Current Welfare Reform Proposals For The Housing Assistance System, Sandra J. Newman
The Implications Of Current Welfare Reform Proposals For The Housing Assistance System, Sandra J. Newman
Fordham Urban Law Journal
This Essay assesses proposals to reform welfare from the perspective of effects on housing assistance. The focus is on the two welfare reform proposals that have received the most attention during late 1994 and early 1995: the Clinton Administration's Work and Responsibility Act (WRA and the Republican Party's Personal Responsibility Act (PRA). This analysis is limited to the provisions in each bill regarding time limits, eligibility restrictions, and work requirements for AFDC recipients, and estimates how the housing assistance system would be affected if these provisions were in effect today. This analysis focuses on two types of impacts: effects on …
The Failures Of Litigation As A Tool For The Development Of Social Welfare Policy, Susan V. Demers
The Failures Of Litigation As A Tool For The Development Of Social Welfare Policy, Susan V. Demers
Fordham Urban Law Journal
This article argues that litigation is largely counterproductive to the development of a coherent and feasible social welfare policy and interferes with the constitutionally-derived separation of powers. It describes the proper role of the courts when evaluating government actions and the proper procedures for doing so. It then discusses several cases brought against the New York State Department of Social Services and local governments, arguing that the courts have abandoned their appropriate role, and using these decisions to illustrate its thesis.
Changing Legal Contexts For Affirmative Welfare Reform, Melville D. Miller, Jr.
Changing Legal Contexts For Affirmative Welfare Reform, Melville D. Miller, Jr.
Fordham Urban Law Journal
To test whether the block grant approach currently under consideration in Congress actually achieves the goal of providing states with the flexibility necessary to effect meaningful policy changes, this Essay contrasts the way two different reform proposals would be treated in the current legal and regulatory environment to the way they would likely fare under the proposed legislation. One proposal used in this analysis is a comprehensive welfare reform program, self-described as "progressive," that was developed by a community-based, grass roots coalition in New Jersey. The New Jersey reform proposal aims to improve outcomes for recipients, rather than simply to …
Note: Finger Imaging: A 21st Century Solution To Welfare Fraud At Our Fingertips, James J. Killerlane Iii
Note: Finger Imaging: A 21st Century Solution To Welfare Fraud At Our Fingertips, James J. Killerlane Iii
Fordham Urban Law Journal
This Note describes the finger imaging process and summarizes the current New York Social Services law regarding public assistance. It also outlines the current finger imaging bill before the New York State Legislature. Part III examines and considers the two major policy arguments against the implementation of the program. Part IV outlines the legal controversy regarding finger imaging and addresses each express concern as well as constitutional issues. Part V compares New York's finger imaging legislation with similar legislation already in place in California and argues that the New York program will be as effective as California's. In conclusion, this …
Foreword: The Many Contexts Of Welfare Reform, Jeffrey S. Lehman
Foreword: The Many Contexts Of Welfare Reform, Jeffrey S. Lehman
University of Michigan Journal of Law Reform
To nourish the ongoing debate, the editors of the University of Michigan Journal of Law Reform have drawn together contributions from four law professors who have substantial expertise concerning the American welfare state. All of the Articles that compose this Symposium are animated by a desire to broaden our frame of reference for evaluating welfare reform. I believe that their shared project is important. Efforts to change AFDC will send ripples through the multiple legal structures that buoy our public systems of income support and wealth redistribution.
Disentitling The Poor: Waivers And Welfare "Reform", Susan Bennett, Kathleen A. Sullivan
Disentitling The Poor: Waivers And Welfare "Reform", Susan Bennett, Kathleen A. Sullivan
University of Michigan Journal of Law Reform
This Article examines the purposes underlying the statutory grant of authority to Health and Human Services (HHS) to exempt states from the requirements of the statute, the important role that the Social Security Act has played as a source of rights for welfare recipients, the current wave of exemptions granted by HHS, and the lack of standards for review of state waiver proposals. Finally, this Article recommends the development of procedures and standards for review by HHS and urges that adherence to the core values of the Aid to Families with Dependent Children (AFDC) program is essential in evaluating the …
Reforming Welfare Through Social Security, Stephen D. Sugarman
Reforming Welfare Through Social Security, Stephen D. Sugarman
University of Michigan Journal of Law Reform
In this Article, I first want to illustrate the connection between Social Security and AFDC-to explain the Social Security program and to demonstrate how it contributes to the welfare problem. More importantly, I then want to offer a reform proposal that builds on Social Security as a way to begin to eliminate AFDC and the current welfare problem. Simply put, I propose that Social Security should provide benefits to children with absent parents on the same basic terms on which it now provides benefits to children with deceased, disabled, or retired parents.
The Income Tax Treatment Of Social Welfare Benefits, Jonathan Barry Forman
The Income Tax Treatment Of Social Welfare Benefits, Jonathan Barry Forman
University of Michigan Journal of Law Reform
Part I of this Article describes the major social welfare programs in the United States. Part II outlines the basic structure of the federal income tax and describes how social welfare benefits are treated by the income tax system. Finally, Part III surveys some recent proposals to tax particular social welfare benefits and considers the arguments for and against taxing such benefits. The Article concludes that the need for new revenue sources will push the federal government to reconsider the tax treatment of social welfare benefits.
Welfare Reform: A Summary And Analysis Of Current U.S. Congressional Debate Over The Family Security Act Of 1988, Bette Woody
Welfare Reform: A Summary And Analysis Of Current U.S. Congressional Debate Over The Family Security Act Of 1988, Bette Woody
Trotter Review
Following a lengthy and protracted debate, the 100th U.S. Congress passed PL 100-485, the Family Security Act of 1988, the first major public assistance legislative reform package since passage of the Social Security Act of the late 1930s. The debate over welfare is a long and continuing one which is not expected to end with the current reform. This article presents a brief review of competing perspectives on current legislative reforms related to current law. It does not attempt to tackle the more fundamental debate over the validity or the objectives of welfare, nor does it tackle the complex set …
The Politics Of Welfare: The New York City Experience, Michigan Law Review
The Politics Of Welfare: The New York City Experience, Michigan Law Review
Michigan Law Review
A Review of The Politics of Welfare: The New York City Experience by Blanche Bernstein