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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 SelectedWorks

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.


Private Rights Under The Housing Act: Preserving Rental Assistance For Section 8 Tenants, John M. Lerner 2014 Boston College Law School

Private Rights Under The Housing Act: Preserving Rental Assistance For Section 8 Tenants, John M. Lerner

Boston College Journal of Law & Social Justice

The Housing Choice Voucher Program provides low-income families with federally funded rental assistance. In order to receive rental assistance, tenants and landlords must maintain units in compliance with the Housing Quality Standards promulgated by the United States Housing Act. A failure by either party to comply with the Housing Quality Standards results in a termination of the federal funding. Unfortunately for voucher recipients, this means that they can be stripped of their rental assistance through no fault of their own. To remedy this situation, many tenants have tried to bring an action against their landlord, alleging a violation of the ...


Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson 2014 SelectedWorks

Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson

Jennifer Jackson

We live in a rapidly evolving technological age, which now allows parents to enter surrogacy contracts. In such a world, the law often lags in catching up to technology and the ramifications that may ensue. This paper focuses on the California Family Rights Act (CFRA) and the consequences it has on surrogacy agreements and the rights intended parents. While the CFRA includes broad language as to the definition of a “child,” case law shows that surrogate born children may be unintentionally excluded. As a result, this paper analyzes the arguments both for and against revision to the CFRA and concludes ...


Poverty Law, Policy And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin 2014 Berkeley Law

Poverty Law, Policy And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin

Jeffrey Selbin

Poverty Law, Policy and Practice is the first new poverty law casebook in 17 years and only the second since 1976. With current literature from multiple viewpoints, the book provides an overview of the field, including cases, data and major government programs that map onto important theoretical, doctrinal, policy and practice questions.

The preface and table of contents are attached. The publisher's page is here: http://www.aspenlaw.com/aspen-casebook-series/id-9781454812548/poverty_law_policy__practice.


The Governance Ecology Of Electronic Food Stamp Delivery: Is It Time For A New Praxis?, Stephen C. Wilks 2014 Lincoln Memorial University - Duncan School of Law

The Governance Ecology Of Electronic Food Stamp Delivery: Is It Time For A New Praxis?, Stephen C. Wilks

Stephen Wilks

No abstract provided.


Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri 2014 University of Michigan Law School

Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri

Michigan Law Review

Low-income communities of color in Miami and in cities across the nation both share aspirations of equal justice and democratic participation and suffer the burdens of legal underrepresentation and political disenfranchisement. Such burdens become crippling when, as in Miami, local legal aid offices, public interest organizations, and bar associations lack the resources to provide meaningful private access to justice or to muster significant public engagement in the political process. These burdens become especially crippling when, again as in Miami, local and state governments adopt policies that engender inner-city neglect, economic displacement, and racial exclusion. In these circumstances, volunteer lawyers from ...


Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo 2014 SelectedWorks

Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo

John Pizzo

No abstract provided.


Allyship To The Intersex Community On Nonconsensual Genital "Normalizing" Surgery, Robert Hupf Jr 2014 SelectedWorks

Allyship To The Intersex Community On Nonconsensual Genital "Normalizing" Surgery, Robert Hupf Jr

Robert Hupf Jr

The fight against nonconsensual genital “normalizing” surgery, a primary concern of the intersex community, has gained traction within recent years but needs more support from the larger LGBTQ movement. Using an allyship framework, this Article argues that any such support be based on the lived experiences, concerns, and voices of the intersex community itself; in the past, well-intentioned efforts have advocated for solutions other than those sought after by the community, oftentimes resulting in negligible or even harmful results.

The solution sought after by the intersex community is an immediate moratorium on the practice of nonconsensual genital “normalizing” surgery, a ...


Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson 2014 University of Florida Levin College of Law

Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson

Darren L Hutchinson

Abstract

Preventing Balkanization or Facilitating Racial Domination: A Critique of the

New Equal Protection

The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors remain colorblind. The colorblindness doctrine has caused the Court to invalidate many policies that were designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect “group rights ...


A Right In Theory But Not In Practice: Voter Discrimination And Trap Laws As Barriers To The Exercising Of A Constitutional Right, Rachel Suppé 2014 SelectedWorks

A Right In Theory But Not In Practice: Voter Discrimination And Trap Laws As Barriers To The Exercising Of A Constitutional Right, Rachel Suppé

Rachel Suppé

No abstract provided.


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