Social Welfare Law Commons

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Recent Articles in Social Welfare Law

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

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 ...


Was The Third Circuit Off Base In Failing To Accord Chevron Deference To Social Security Administration's Interpretation Of The Statute's Definition Of Disability?, Victor G. Rosenblum Pepperdine University

Was The Third Circuit Off Base In Failing To Accord Chevron Deference To Social Security Administration's Interpretation Of The Statute's Definition Of Disability?, Victor G. Rosenblum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt Pepperdine University

Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Goldberg V. Kelly, Welfare Reform, And The Case Against Judicial Review For The Client In State Public Assistance Hearings, Brenda Brown Perez Pepperdine University

Goldberg V. Kelly, Welfare Reform, And The Case Against Judicial Review For The Client In State Public Assistance Hearings, Brenda Brown Perez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.