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Social Welfare Law Commons

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Toward A Federal Constitutional Right To Employment, R. George Wright 2014 Seattle University School of Law

Toward A Federal Constitutional Right To Employment, R. George Wright

Seattle University Law Review

This Article outlines an argument for a federal constitutional right to employment. The Article begins by examining the harms and costs of involuntary long-term unemployment. It then discusses the historical contributions to our understanding of the value of work, before drawing on several well-established jurisprudential distinctions to explain why, and to justify initial optimism regarding a constitutional employment right.


License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra LaCour 2014 Seattle University School of Law

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis ...


Qualified Immunity And Statutory Interpretation, Ilan Wurman 2014 Seattle University School of Law

Qualified Immunity And Statutory Interpretation, Ilan Wurman

Seattle University Law Review

Before the 1989 case of Graham v. Connor, excessive force cases were pursued under either state law or the insuperable “shocks the conscience” test of the Fourteenth Amendment. Only after Graham did excessive force cases—now under the Fourth Amendment and 42 U.S.C. § 1983—inundate the federal courts, which had by then granted far-reaching immunities to officers for their constitutional torts. As a result of federal qualified immunity doctrine, which many states have adopted for themselves, excessive force cases rarely get to trial, plaintiffs often cannot recover, and courts struggle to find principled distinctions from one qualified immunity ...


Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson 2014 Seattle University School of Law

Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson

Seattle University Law Review

This Comment focuses on the sexual exploitation of both adult women and girls in the life of prostitution. The primary purpose is to explore the difficulties faced by American citizens who are exploited in prostitution (as opposed to foreign nationals who are subject to exploitation). This Comment focuses only on state and local prostitution laws, as opposed to global or federal laws on prostitution. It takes the position that prostitution is not a chosen profession for the vast majority and that prostitution is sexual exploitation. This Comment discusses the experiment of legalization and decriminalization in the Netherlands and Sweden as ...


Hearing Voices: Judicial Consideration Of Ontario’S Social Assistance Legislation, Teri Muszak 2014 Western University

Hearing Voices: Judicial Consideration Of Ontario’S Social Assistance Legislation, Teri Muszak

University of Western Ontario - Electronic Thesis and Dissertation Repository

Legal decision-makers use language that can convey unwarranted assumptions about poverty and the poor. These assumptions can be challenged by analyzing the words that judges and adjudicators use when writing about, talking about, and applying social assistance legislation. In many instances, these assumptions do not align with the lived-experience of persons who receive government income support. This thesis aims to uncover the assumptions made in appellate-level decisions through the method of discourse analysis. It uses discourse theory to suggest that the ways imprecise words are given meaning in a legal field can have a profound influence on how the law ...


The Federal Experiment With Evidence-Based Funding: Lessons From The Home Visiting Program, Philip G. Peters Jr. 2014 SelectedWorks

The Federal Experiment With Evidence-Based Funding: Lessons From The Home Visiting Program, Philip G. Peters Jr.

Philip G. Peters Jr.

Congress spends billions of dollars each year on social programs that don’t work. To cure this, both Congress and the current Administration have turned to small competitive funding programs, like the Investing in Innovation program, to find and fund programs with the strongest evidence of impact. Yet, the largest federal programs are formula-based, not competitive. They distribute over $300 billion annually using formulas based on factors like population and poverty. This Article explores whether formula-based programs can also be designed to restrict funding to interventions that are genuinely evidence-based.

The challenge of directing money to proven service models is ...


The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu 2014 SelectedWorks

The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu

Shi-Ling Hsu

Thomas Piketty's Capital in the Twenty-first Century, which is surely one of the very few economics treatises ever to be a best-seller, has parachuted into an intensely emotional and deeply divisive American debate: the problem of inequality in the United States. Piketty's core argument is that throughout history, the rate of return on private capital has usually exceeded the rate of economic growth, expressed by Piketty as the relation r > g. If true, this relation means that the wealthy class – who are the predominant owners of capital – will grow their wealth faster than economies grow, which means that ...


Conditions Of Confinement At Sentencing: The Case Of Seriously Disordered Offenders, E. Lea Johnston 2014 The Catholic University of America, Columbus School of Law

Conditions Of Confinement At Sentencing: The Case Of Seriously Disordered Offenders, E. Lea Johnston

Catholic University Law Review

No abstract provided.


Presentation Slides - Have Impoverished Families Been Guaranteed The Right To Adequate Food In The Legal Amazon Region?, Claudia Ribeiro Pereira Nunes 2014 SelectedWorks

Presentation Slides - Have Impoverished Families Been Guaranteed The Right To Adequate Food In The Legal Amazon Region?, Claudia Ribeiro Pereira Nunes

Claudia Ribeiro Pereira Nunes

Brazil is one of the largest food-exporting countries in the world. The economic development of the country depends on the export of food. On the other hand, the Brazilian Federal Constitution guarantees the Adequate Food Right to the Brazilian population and was created the National Food and Nutrition Security. Against this background, in which the foods has dual aspect - law and economic development instrument, the overall aim of the research is to investigate whether there is food and nutrition security, specially to the single-parent families headed by women from 18 to 25 years, with the least 3 or 4 children ...


Social Insecurity: A Modest Proposal For Remedying Federal District Court Inconsistency In Social Security Cases, Jonah J. Horwitz 2014 Pace University

Social Insecurity: A Modest Proposal For Remedying Federal District Court Inconsistency In Social Security Cases, Jonah J. Horwitz

Pace Law Review

This Article addresses a relatively narrow but consequential problem in the system: the inadequacy of federal judicial resolution of appeals from the denial of Social Security disability benefits. It addresses the problem with an equally narrow, and hopefully equally consequential, solution: granting a published district court decision in such a case the power of binding precedent with respect to the judicial district in which the opinion is issued. In so doing, greater uniformity, consistency, fairness, and efficiency would be brought to a process that is badly in need of all.

The Article proceeds in five parts. Part I provides some ...


Food Deprivation: A Basis For Refugee Status?, James C. Hathaway 2014 University of Michigan Law School

Food Deprivation: A Basis For Refugee Status?, James C. Hathaway

Articles

It is commonplace to speak of those in flight from famine, or otherwise migrating in search of food, as “refugees.” Over the past decade alone, millions of persons have abandoned their homes in countries such as North Korea, Sudan, Ethiopia, Congo, and Somalia, hoping that by moving they could find the nourishment needed to survive. In a colloquial sense, these people are refugees: they are on the move not by choice, but rather because their own desperation compels them to pursue a survival strategy away from the desperation confronting their home communities.

The question addressed here is whether persons in ...


Workshop Libro Verde Bilateralità 26.5.14 Roma, michele faioli 2014 SelectedWorks

Workshop Libro Verde Bilateralità 26.5.14 Roma, Michele Faioli

Michele Faioli

No abstract provided.


From The “War On Poverty” To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts 2014 Boston College Law School

From The “War On Poverty” To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts

Boston College Journal of Law & Social Justice

Fifty years ago, President Lyndon B. Johnson launched the War on Poverty. The Legal Services Program of 1965, along with the Legal Services Corporation formed in 1974, considerably increased civil legal aid to America’s poor. Yet today, there is only one legal aid attorney for every 6,415 people living in poverty. Veterans, comprising 4.6% of those living in poverty, often suffer additional obstacles and extensive legal needs, including assistance in obtaining benefits to which they are entitled. While encouraging additional pro bono service among attorneys incrementally increases the availability of legal services to the poor, law school ...


Heal The Suffering Children: Fifty Years After The Declaration Of War On Poverty, Francine J. Lipman, Dawn Davis 2014 Boston College Law School

Heal The Suffering Children: Fifty Years After The Declaration Of War On Poverty, Francine J. Lipman, Dawn Davis

Boston College Journal of Law & Social Justice

Fifty years ago, President Lyndon B. Johnson declared the War on Poverty. Since then, the federal tax code has been a fundamental tool in providing financial assistance to poor working families. Even today, however, thirty-two million children live in families that cannot support basic living expenses, and sixteen million of those live in extreme poverty. This Article navigates the confusing requirements of an array of child-related tax benefits including the dependency exemption deduction, head of household filing status, the Earned Income Tax Credit, and the Child Tax Credit. Specifically, this Article explores how altering the definition of a qualifying child ...


Left Behind With No “Idea”: Children With Disabilities Without Means, Alex J. Hurder 2014 Boston College Law School

Left Behind With No “Idea”: Children With Disabilities Without Means, Alex J. Hurder

Boston College Journal of Law & Social Justice

This Article examines the changes to the Individuals with Disabilities Education Act (“IDEA”), which were intended to reconcile the Act with the No Child Left Behind Act of 2001, and the effect those changes have had on the education of children with disabilities. The Article highlights the important role that parents were given in the original IDEA and the procedures set up to protect that role. It then looks at the manner in which the 2004 amendments to the law and certain U.S. Supreme Court cases have undermined the ability of parents to influence the individualized education plan for ...


50 Years After The “War On Poverty”: Evaluating The Justice Gap In The Post-Disaster Context, Davida Finger 2014 Boston College Law School

50 Years After The “War On Poverty”: Evaluating The Justice Gap In The Post-Disaster Context, Davida Finger

Boston College Journal of Law & Social Justice

The Legal Services Corporation (“LSC”), formed as part of President Lyndon B. Johnson’s War on Poverty, was one of many initiatives aimed at providing low-income individuals with equal access to justice. Today, the increasing number of people living in poverty, coupled with decreased funding for legal services, has resulted in a significant justice gap in the provision of civil legal services. Poor people do not have the kind of access to legal services that was envisioned when the LSC was created. This justice gap is no more apparent than in the post-disaster context. For example, following Hurricanes Katrina and ...


Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law, Ann Cammett 2014 Boston College Law School

Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law, Ann Cammett

Boston College Journal of Law & Social Justice

Since the 1960s, racialized metaphors describing dysfunctional parents have been deployed by conservative policymakers to shape the way that the public views anti-poverty programs. The merging of race and welfare has eroded support for a robust social safety net, despite growing poverty and economic inequality throughout the land. This Article begins by describing the influence that metaphors have on the way people unconsciously perceive reality. It proceeds by examining historical racial tropes for Black families and how they were repurposed to create the Welfare Queen and Deadbeat Dad, the metaphorical villains of welfare programs. It also tracks the demise of ...


Introduction, Emily F. Suski 2014 Boston College Law School

Introduction, Emily F. Suski

Boston College Journal of Law & Social Justice

No abstract provided.


At Forty-Five Years Old The Obligation To Affirmatively Further Fair Housing Gets A Face-Lift, But Will It Integrate America’S Cities?, Jonathan J. Sheffield Jr. 2014 Loyola University Chicago

At Forty-Five Years Old The Obligation To Affirmatively Further Fair Housing Gets A Face-Lift, But Will It Integrate America’S Cities?, Jonathan J. Sheffield Jr.

Social Justice

In July 2013 the U.S. Department of Housing and Urban Development (HUD) issued a draft rule in order to improve implementation of the 1968 Fair Housing Act’s mandate to address segregated housing patterns. HUD’s 2013 proposed rule replaces its 1995 regulation under Section 3608(e) of the Fair Housing Act, which requires HUD and its grantees to act "affirmatively to further fair housing" (AFFH). This obligation has been in place for over forty-five years and it extends to other federal agencies that administer housing programs. Yet segregated communities persist in cities all across America, leaving large segments ...


Lending A Learned Hand—With Help From Friends: Utah Pro Bono Update 2014, Jill Jasperson 2014 Utah Valley University

Lending A Learned Hand—With Help From Friends: Utah Pro Bono Update 2014, Jill Jasperson

Jill Jasperson

This is a history of pro bono work in Utah since 2006. An article in the 2006 Utah Law Review written by ABA's Steven Scudder criticized Utah’s pro bono efforts. This piece is a follow up to that article heralding the great efforts made by the Utah legal community since then.


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