Open Access. Powered by Scholars. Published by Universities.®

Social Welfare Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1,339 Full-Text Articles 963 Authors 517,459 Downloads 92 Institutions

All Articles in Social Welfare Law

Faceted Search

1,339 full-text articles. Page 1 of 32.

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq. 2016 Streetwise and Safe

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq.

Brendan M. Conner

The accompanying Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally ...


Overtaxing The Working Family: Uncle Sam And The Childcare Squeeze, Shannon Weeks McCormack 2016 University of Washington School of Law

Overtaxing The Working Family: Uncle Sam And The Childcare Squeeze, Shannon Weeks Mccormack

Michigan Law Review

Today, many working parents are caught in a “childcare squeeze”: while they require two incomes just to make ends meet, they end up spending a strikingly large percentage of their income on childcare so that they can work outside the home. Worse still, some parents find themselves “squeezed out” of the market entirely, unable to earn the additional income their families require because they cannot find jobs that pay enough to offset soaring childcare expenses. This Article argues that the tax laws have played an important role in aggravating these hardships. Currently, the Internal Revenue Code treats the childcare costs ...


Towards Collaboration Between Lawyers And Social Workers: A Content Analysis Of Joint Degree Programs, Ifem E. Orji 2016 Graduate Center, City University of New York

Towards Collaboration Between Lawyers And Social Workers: A Content Analysis Of Joint Degree Programs, Ifem E. Orji

All Dissertations, Theses, and Capstone Projects (2014-Present)

Collaboration is a central issue in the interdisciplinary education of social work and law students. Joint JD/MSW degrees have the potential to promote collaboration between practitioners of law and social work in areas where their practices converge. The 1969 recommendations by the National Conference of Lawyers and Social Workers (NCLSW) to establish these joint degree programs assumed that collaborative learning would occur within them. However, prior research has not investigated whether or not this occurs. The purpose of this dissertation was to determine whether evidence of the intent to promote collaboration was present in written materials associated with joint ...


Reconsidering The Constitutionality Of Mandatory Minimum Sentences Under Section 231(5)(E) Post-Luxton, Laura Metcalfe 2016 University of Ottawa Faculty of Law

Reconsidering The Constitutionality Of Mandatory Minimum Sentences Under Section 231(5)(E) Post-Luxton, Laura Metcalfe

Western Journal of Legal Studies

Section 231(5)(e) of the Criminal Code elevates murder to first-degree murder when a death is caused while committing unlawful confinement per s. 279 of the Criminal Code. The corresponding mandatory sentence is life imprisonment with no eligibility for parole until 25 years have been served. The Supreme Court of Canada held that this provision was constitutional in R v Luxton, since it did not violate the principles of fundamental justice and was not considered cruel and unusual punishment, contrary to s. 7 and 12 of the Canadian Charter of Rights and Freedoms, respectively.

However, lower courts ought to ...


Online Dispute Resolution And Autism Spectrum Disorder: Levelling The Playing Field In Disputes Involving Autistic Parties, Roland Gérard Keepseeyuk Troke-Barriault 2016 University of Ottawa

Online Dispute Resolution And Autism Spectrum Disorder: Levelling The Playing Field In Disputes Involving Autistic Parties, Roland Gérard Keepseeyuk Troke-Barriault

Western Journal of Legal Studies

Often, the overall success of an Alternative Dispute Resolution (ADR) process hinges on the ability of a neutral third party to establish a level playing field supported by a sense of equal bargaining power between disputants. Most forms of ADR, including traditional approaches to mediation and arbitration, are characterized by in-person interactions, where disputants and third parties communicate through a combination of verbal and nonverbal cues. Though many believe that this form of interaction is crucial for effective communication, it may result in significant disadvantages for autistic parties who face difficulties properly discerning the intentions or meaning of these cues ...


Health Care And The Myth Of Self-Reliance, Nicole Huberfeld, Jessica L. Roberts 2016 University of Kentucky College of Law

Health Care And The Myth Of Self-Reliance, Nicole Huberfeld, Jessica L. Roberts

Boston College Law Review

King v. Burwell asked the Supreme Court to decide if, in providing assistance to purchase insurance “through an Exchange established by the State,” Congress meant to subsidize policies bought on the federally run exchange. With its ruling, the Court saved the Patient Protection and Affordable Care Act’s (“ACA”) low-income subsidy. But King is only part of a longer, more complex story about health care access for the poor. In a move toward universal coverage, two pillars of the ACA facilitate health insurance coverage for low-income Americans, one private and one public: (1) the subsidy and (2) Medicaid expansion. Although ...


Salvaging ‘Safe Spaces’: Protecting Lgbtq Youth Of Color From Policing In Congregate And Non-Congregate Social Services, Brendan M. Conner 2016 Streetwise and Safe

Salvaging ‘Safe Spaces’: Protecting Lgbtq Youth Of Color From Policing In Congregate And Non-Congregate Social Services, Brendan M. Conner

Brendan M. Conner

The concept of “safe space” for lesbian, gay, bisexual, transgender and queer (“LGBTQ”) young people is one traditionally applied to educators’ responsibilities to create safe havens for LGBTQ students, by creating space for dialogue and addressing name-calling, bullying and harassment. The term is increasingly used in advocacy to reform the child welfare system, particularly in the areas of adopting safer foster care and group home placement, housing classification procedures, and in sensitizing youth-serving professionals. Rarely is an equivalence drawn between reform efforts and the obligation of youth-serving professionals to uphold the legal rights of their clients and increase safety from ...


Farm And Ranch Laborers, Workers Compensation And Equal Protection: Rodriguez V Brand West Dairy, Mel Cousins 2015

Farm And Ranch Laborers, Workers Compensation And Equal Protection: Rodriguez V Brand West Dairy, Mel Cousins

Mel Cousins

In this interesting ruling, the Court of Appeals of New Mexico has held that the exclusion of farm and ranch laborers from workers’ compensation cover is in breach of the equal protection guarantee set out in the New Mexico Constitution. The case is currently under appeal to the New Mexico Supreme Court.


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

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 ...


Self-Sufficiency: The Approach Welfare Reform Should Take In Order To Remedy The Shortcomings Of Past Efforts, Ashley Carroll 2015 Pepperdine University

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 ...


Reflections On Current Attempts To Revise International Legal Structures: The North-South Dialogue-Clash Of Values And Concepts, Contradictions And Compromises, Pedro Roffe 2015 University of Georgia School of Law

Reflections On Current Attempts To Revise International Legal Structures: The North-South Dialogue-Clash Of Values And Concepts, Contradictions And Compromises, Pedro Roffe

Georgia Journal of International & Comparative Law

No abstract provided.


Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt 2015 Seattle University School of Law

Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt

Seattle University Law Review

On February 27, 2013, ten psychiatric patients were being involuntarily detained in hospital emergency departments located in Pierce County under Washington State’s Involuntary Treatment Act (ITA). Despite the name of the law that authorized their detainment, these individuals were not receiving any psychiatric treatment during their confinement. Nor were they there as the result of a criminal conviction. The only thing these ten detainees were guilty of was being mentally ill. Under what is now considered to have been a misinterpretation of the ITA, counties across Washington had for years been confining mentally ill patients in hospitals not certified ...


From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley Gavigan, Dorothy Chunn 2015 Osgoode Hall Law School of York University

From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley Gavigan, Dorothy Chunn

Shelley A. M. Gavigan

In this paper we examine changes in the form and content of Canadian welfare law through a historical, feminist lens using the exemplar of mother-headed families. Our analysis of how the state dealt with sole support mothers in several provinces throughout the twentieth century reveals important continuities, as well as discontinuities, between the past and the present that have shaped and reshaped the lives and experiences of poor women and their children. In doing so, it helps to illuminate how they have been rendered "undeserving" or "never deserving" with the neo-liberal (re)formation of the Keynesian state in Canada.


Perspectives - William Morrish, Professor Of Urban Ecologies At Parsons The New School For Design, James Hagy 2015 New York Law School

Perspectives - William Morrish, Professor Of Urban Ecologies At Parsons The New School For Design, James Hagy

Rooftops Project

How can arts organizations with an aspiration to build their own facilities connect project design both with the broader community and with financial sustainability? The Rooftops Project’s Zulaihat Nauzo and Professor James Hagy talk with William Morrish, Professor of Urban Ecologies at Parsons The New School for Design.


Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Brendan Conner 2015 Urban Institute

Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Brendan Conner

Brendan M. Conner

In 2011, researchers from the Urban Institute launched a three-year study of lesbian, gay, bisexual, transgender, and queer or questioning (LGBTQ) youth; young men who have sex with men (YMSM); and young women who have sex with women (YWSW) engaged in survival sex in New York City. Working in partnership with the New York City–based organization Streetwise and Safe (SAS), researchers trained youth leaders to conduct in-depth interviews with a total of 283 youth who engaged in survival sex in New York City and self-identified as LGBTQ, YMSM, or YWSW.

In February 2015, we released the first report in ...


The Case For An Inclusive Human Right To Property: Social Importance And Individual Self-Realization, Laura Dehaibi 2015 University of McGill

The Case For An Inclusive Human Right To Property: Social Importance And Individual Self-Realization, Laura Dehaibi

Western Journal of Legal Studies

Using a historical and analytical approach, this paper explores the dual nature of the human right to property, which is protected in Article 17 of the Universal Declaration of Human Rights (UDHR). I argue that to approach property as a mere individual and negative right—the dominant view in Western legal practice—leads to obscuring the social dimension of property, which has been repeatedly affirmed in legal, political, and economic theory, as well as in historical practice. The contemporary omission of this social function in legal discourses tends to undermine the fulfillment of core needs of the community through property ...


California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias 2015 University of San Francisco, School of Law

California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias

Tim Iglesias

Local governments, housing advocates, and people who need affordable housing won a solid victory in the California Supreme Court's unanimous opinion in California Bldg. Indus. Ass'n v. City of San Jose. In a complex 64-page opinion that is clearly drafted and rigorously argued, the court held that inclusionary zoning is a constitutionally permissible strategy to produce affordable housing and to promote economic integration that is subject to rational basis review and not heightened scrutiny.

This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court ...


Social Security Disability And Alcoholism: A Proposal For Reform, Kenneth L. Matheny 2015 SelectedWorks

Social Security Disability And Alcoholism: A Proposal For Reform, Kenneth L. Matheny

Kenneth L Matheny

No abstract provided.


Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Democratizing Startups, Seth C. Oranburg 2015 Illinois Institute of Technology

Democratizing Startups, Seth C. Oranburg

Seth C Oranburg

The Jumpstart Our Business Startups Act of 2012 intends to “help entrepreneurs raise the capital they need to put Americans back to work and create an economy that’s built to last.” The goal is to “democratize startups” by making capital available to diverse entrepreneurs in new geographies. Yet the net effect of securities regulations and market conditions is the opposite. Startup companies are encouraged to stay private so capital is consolidating in large, mature firms instead of recycling into new startups. Evidence of consolidation is that once-rare “Unicorns” (billion-dollar startups) now number over 111. More money is going into ...


Digital Commons powered by bepress