Social Welfare Law Commons™
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Recent Articles in Social Welfare Law
Fukushima: Catastrophe, Compensation, And Justice In Japan, Eric Feldman
University of Pennsylvania Law School
Fukushima: Catastrophe, Compensation, And Justice In Japan, Eric Feldman
Faculty Scholarship
Well before the Fukushima disaster of March 11, 2011, governments in the developed world struggled with victim compensation in cases of environmental contamination, harms caused by pharmaceutical products, terrorist attacks, and more. All of those are important precedents to Fukushima, but none of them approach the breadth of harms resulting from the triple disaster of huge earthquake, massive tsunami, and nuclear meltdown now known in Japan as 3/11. With close to 20,000 people dead or missing, one million homes fully destroyed or seriously damaged, and 100,000 people displaced, getting those whose lives were affected by the events ...
If A Right To Health Care Is Argued In The Supreme Court, Does Anybody Hear It?, W. David Koeninger
Maurer School of Law: Indiana University
If A Right To Health Care Is Argued In The Supreme Court, Does Anybody Hear It?, W. David Koeninger
Indiana Journal of Law and Social Equality
No abstract provided.
Rights Of Belonging For Women, Rebecca E. Zietlow
Maurer School of Law: Indiana University
Rights Of Belonging For Women, Rebecca E. Zietlow
Indiana Journal of Law and Social Equality
No abstract provided.
The 535 Report: A Pathway To Fundamental Tax Reform, Dorothy A. Brown
Pepperdine University
The 535 Report: A Pathway To Fundamental Tax Reform, Dorothy A. Brown
Pepperdine Law Review
This Essay argues that current tax policies that include special tax rates, loopholes and deductions disadvantage most Americans in favor of income received by a select few – especially members of Congress. The majority of taxpayers of color as well as white taxpayers are not eligible for the loopholes and special tax breaks that currently exist in our tax laws. Tax reform that eliminates special deals as a means to lowering tax rates for all is the best way forward towards a fairer and simpler tax system. Such reform is unlikely to occur in the absence of a “focusing event” that ...
Access To Tax Injustice, Francine J. Lipman
Pepperdine University
Access To Tax Injustice, Francine J. Lipman
Pepperdine Law Review
Every morning, Monday through Friday, school children across the United States raise their voices in unison and pledge allegiance to America, with liberty and justice for all. America, in turn, pledges to these children and the world that it is a nation of liberty, justice, and laws. Laws drafted by representatives intended to follow through on America’s promise of liberty and justice for all. Yet for more than 16 million of these children and 30 million adults living in poverty in 2011, America does not deliver on its promise of justice. In a recent global study, America ranked 27th ...
A Toxic Mouthful: The Misalignment Of Dental Mercury Regulations, Kaitlin McGrath
Boston College Law School
A Toxic Mouthful: The Misalignment Of Dental Mercury Regulations, Kaitlin Mcgrath
Boston College Journal of Law & Social Justice
Mercury amalgam dental fillings have been used for over one hundred and fifty years in hundreds of millions of patients around the world. In the past two decades, scientific evidence has shown that mercury fillings have harmful effects on human health. Still, the American Dental Association maintains the position that mercury fillings are safe and should continue to be used without warning requirements. Although the Occupational Safety and Health Administration promulgated regulations to protect dentists and other dental workers from mercury exposure, the Food and Drug Administration has yet to provide similar protections to dental patients. Additionally, because Medicaid does ...
Weaving A Safety Net: Poor Women, Welfare, And Work In The Chicken And Catfish Industries, Sherrilyn A. Ifill
University of Maryland Francis King Carey School of Law
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.
To Get A Diploma Or To Get Welfare: Duncan's Dilemma, Nina E. West
Pepperdine University
To Get A Diploma Or To Get Welfare: Duncan's Dilemma, Nina E. West
Pepperdine Law Review
No abstract provided.
Bilingual Welfare Notice Not Required - Guerrero V. Carleson, 9 Cal. 3d 808, 512 P.2d 833, 109 Cal. Rptr. 201 (1973), Mary Beth Diez
Pepperdine University
Bilingual Welfare Notice Not Required - Guerrero V. Carleson, 9 Cal. 3d 808, 512 P.2d 833, 109 Cal. Rptr. 201 (1973), Mary Beth Diez
Pepperdine Law Review
No abstract provided.
Administrative Savings From Synchronizing Social Welfare Programs And Tax Provisions, Jonathan Barry Forman
Pepperdine University
Administrative Savings From Synchronizing Social Welfare Programs And Tax Provisions, Jonathan Barry Forman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Retirement Trends, Employer Pensions And Public Policy, Joseph F. Quinn
Pepperdine University
Retirement Trends, Employer Pensions And Public Policy, Joseph F. Quinn
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Courts In The Federal Republic Of Germany, Daniel L. Skoler, Cynthia E. Weixel
Pepperdine University
Administrative Courts In The Federal Republic Of Germany, Daniel L. Skoler, Cynthia E. Weixel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Due Process In Unemployment Insurance Adjudication: Overview Of The Unemployment Insurance System, Frank J. Barbaro
Pepperdine University
Due Process In Unemployment Insurance Adjudication: Overview Of The Unemployment Insurance System, Frank J. Barbaro
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Note: Calvin V. Chater: The Right To Subpoena The Physician In Ssa Cases: Conflict In The Circuits Over The Interpretation Of 20 C.F.R. 404.950(D)(1), Elliot B. Oppenheim
Pepperdine University
Note: Calvin V. Chater: The Right To Subpoena The Physician In Ssa Cases: Conflict In The Circuits Over The Interpretation Of 20 C.F.R. 404.950(D)(1), Elliot B. Oppenheim
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
How The Poor Got Cut Out Of Banking, Mehrsa Baradaran
University of Georgia School of Law
How The Poor Got Cut Out Of Banking, Mehrsa Baradaran
Scholarly Works
The United States currently has two banking systems — one for the rich, one for the poor. It wasn’t always this way. Throughout U.S. history, the government has enlisted certain banking institutions to serve the needs of the poor and offer low cost credit to enable low-income Americans to escape poverty. Credit unions, savings and loans and Morris Banks are three prominent examples of government-supported institutions with a specific focus of helping the poor. Unfortunately, these institutions are no longer fulfilling their missions and high-cost, usurious, and sometimes predatory check-cashers and payday lenders have quickly filled the void. These ...
Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle
Pepperdine University
Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr.
Pepperdine University
Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Richard S. Schweiker V William Mcclure, David J. Agatstein
Pepperdine University
Richard S. Schweiker V William Mcclure, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Ford V. Shalala: Applying Mathews V. Eldridge To Ssi Benefits, Daniel T. Vaughan
Pepperdine University
Ford V. Shalala: Applying Mathews V. Eldridge To Ssi Benefits, Daniel T. Vaughan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum
Pepperdine University
The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum
Journal of the National Association of Administrative Law Judiciary
This Article examines the alternative readings and rationales of Richardson v. Perales regarding the cross-examination of reporting physicians in social security disability claim hearings. First, Part II compares the Sixth and Second Circuit's interpretation of the Perales rule, which supports the SSA's regulation and interpretation, to the Fifth Circuit's interpretation, which explicitly proclaims cross-examination, once duly requested, to be an absolute right. Part III questions whether the Perales Court's declaration that the SSA is “an [impartial] adjudicator and not . . . an advocate or adversary” remains empirically valid. Part IV discusses the SSA's recent assertions of management ...
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Fundamentos Del Derecho Procesal Civil
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Medicaid & Work: Keeping Your Medicaid While You Work, Edwin Lopez-Soto, Thomas Golden
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