Social Welfare Law Commons^™

The Invisibility Of The American Emigrant, Laura Snyder

DePaul Journal for Social Justice

No abstract provided.

"I Can't Breath": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling

DePaul Journal for Social Justice

No abstract provided.

Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, Taren E. Wellman, Amanda F. Metcalfe, Madisen R. Campbell

DePaul Journal for Social Justice

No abstract provided.

Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder

DePaul Journal for Social Justice

No abstract provided.

Letter To Our Readers, Mecca Wilkinson, Elle Topacio, Jay Kasperbauer, Miranda Bolin, Sabrina O'Connor, Shaundranique Perkins

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents, Mecca Wilkinson

DePaul Journal for Social Justice

No abstract provided.

Addressing Mental Health In Young Adults: A Modern Approach Compared To Previous Generations, Breeha A. Shah

DePaul Journal of Health Care Law

The escalating prevalence of mental health issues among today's young adults underscores the vital importance of addressing mental health in the pursuit of public health objectives. In response to this, The House Education and Labor Committee issued a report on the Mental Health Services for Students Act of 2020 (the Act), to amend the Public Health Service Act relating to school children. This revision seeks to bolster the support for students and young people by ensuring their access to comprehensive mental health programs within the school environment. The Act recognizes that safeguarding mental health is an immediate concern for public …

Draining Chicago’S Food Swamps: Legal Approaches, Sofia Fernandez

DePaul Journal of Health Care Law

Public health is a collective responsibility of society to improve the health and wellbeing of communities, focusing on preventing disease and promoting health as opposed to providing medical care for those already ill.1 The law consists of rules issued and enforced by government entities “through which populations organize their governments, regulate social and economic interactions, and guide behavior.”2 Public health law exists at the intersection of these two fields, comprising “the legal powers and duties of the state to identify, prevent, and ameliorate risks to the health of populations, as well as the study of legal structures that have a …

A Framework For Thinking About The Future Of Japanese Society In The Face Of Declining Fertility And Population, Hirotaka Nagaishi

Japanese Society and Culture

Japanese society is facing declining birthrates and a shrinking population. According to Yoshinori Hiroi, what is indispensable for promoting regional and urban revitalization and seeking sustainability in this situation is the selection of values and concepts for a desirable society rooted in community. This society will ultimately be realized through policy integration/comprehensive policies.

Therefore, we must envisage a desirable future society, taking the current social situation as the starting point. Robert and Edward Skidelsky see the current capitalist society as a “rich enough, poor enough society,” while Hiroi sees the future society as a “post-capitalist/post-industrial society” and considers it as …

Does Childcare Support Stimulate Women’S Employment?, Masako Kamada, Kazuyasu Kawasaki

Japanese Society and Culture

A childcare support policy was implemented as part of gender equality and countermeasures to the falling birthrate in Japan. One of the childcare support policies was provided preschool service free of charge in October 2019.

In this paper, we analyze whether this childcare cost reduction policy was effective or not. Especially, we focus on whether this childcare support policy contribute to accelerate female labor force participation or not. As a result of our analysis, we show childcare cost reduction policy is ineffective of female labor force participation.

The Legal Order In East Asian Family Law, Sai Sasaki

Japanese Society and Culture

No abstract provided.

Introduction: Medical-Legal Partnerships: Equity, Evolution, And Evaluation., Katherine L. Kraschel, James Bhandary-Alexander, Yael Z. Cannon, Vicki W. Girard, Abbe R. Gluck, Jennifer L. Huer, Medha D. Makhlouf

Faculty Scholarly Works

The COVID-19 pandemic laid bare systemic inequities shaped by social determinants of health (SDoH). Public health agencies, legislators, health systems, and community organizations took notice, and there is currently unprecedented interest in identifying and implementing programs to address SDoH. This special issue focuses on the role of medical-legal partnerships (MLPs) in addressing SDoH and racial and social inequities, as well as the need to support these efforts with evidence-based research, data, and meaningful partnerships and funding.

Building Resilience By Removing Barriers: Addressing Structural Impediments To Advocacy By Nonprofit Organizations On Behalf Of The Unenfranchised, Kirsten Widner, Heather M. Kolinsky

University of Cincinnati Law Review

Charitable contributions, particularly from private foundations, are an essential source of support for many nonprofit charitable organizations. However, the ability to accept these contributions comes with significant restrictions on lobbying and advocacy. Using vulnerability theory and an original survey of nonprofit advocacy organizations, we show that current restrictions on 501(c)(3) organizations disproportionally limit advocacy on behalf of the most politically disadvantaged groups—those without the right to vote. This, in turn, reinforces existing inequalities in whose voices are heard and whose interests are considered by policymakers. This Article argues that reforming the laws that structure what organizations can take tax-deductible charitable …

Affirmatively Furthering Health Equity, Mary Crossley

Brooklyn Law Review

Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the healthcare sector, government action, standing alone, is limited in its power to remedy health disparities. This article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the healthcare sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal healthcare funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that recipients of federal …

Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco

Brooklyn Law Review

The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions …

“Help Is Here”: How A Daca Pathway To Citizenship Will Help Save The Social Security Fund, Jissel Esparza

Arkansas Law Review

Two federal programs hold their beneficiaries in limbo: DACA and Social Security. This Comment demonstrates that creating a citizenship pathway for the DACA population will not only give these deserving individuals the ability and security to remain in the United States but will also provide relief to Social Security’s impending insolvency through the influx of taxes that these then citizens will contribute as a result of increased opportunities. At the same time, this Comment does not attempt to portray its argument as a “silver bullet.” Rather, this approach is one tool that can be utilized by legislative efforts to remedy …

Navigating The Conundrum Of Mandatory Reporting Under The Pocso Act: Implications For Medical Professionals, Nanditta Batra

Articles

To address the under reporting of sexual offences against children, the Protection of Children from Sexual Offences (POCSO) Act, 2012, makes reporting of such offences mandatory. The duty to report such offences has been extended to healthcare professionals. The inclusion of healthcare professionals within mandatory reporting, however, strikes at the very foundation of the doctor-patient relationship based on trust and confidentiality and conflicts with the patient confidentiality safeguards of the Mental Healthcare Act, 2017. It also has unintended public health consequences, such as denial of medical termination of pregnancy due to fear of prosecution under POCSO. An urgent reassessment of …

Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain

Seattle University Law Review

The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.

The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …

A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun

Seattle University Law Review

In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.

The Esg Information System, Stavros Gadinis, Amelia Miazad

Seattle University Law Review

The mounting focus on ESG has forced internal corporate decision-making into the spotlight. Investors are eager to support companies in innovative “green” technologies and scrutinize companies’ transition plans. Activists are targeting boards whose decisions appear too timid or insufficiently explained. Consumers and employees are incorporating companies sustainability credentials in their purchasing and employment decisions. These actors are asking companies for better information, higher quality reports, and granular data. In response, companies are producing lengthy sustainability reports, adopting ambitious purpose statements, and touting their sustainability credentials. Understandably, concerns about greenwashing and accountability abound, and policymakers are preparing for action.

In this …