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

Social Welfare Law Commons

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

2,280 Full-Text Articles 1,691 Authors 931,119 Downloads 135 Institutions

All Articles in Social Welfare Law

Faceted Search

2,280 full-text articles. Page 1 of 63.

End Of Life Uncertainty: Terminal Illness, Medicare Hospice Reimbursement, And The "Falsity" Of Physicians' Clinical Judgments, Jameson Steffel 2021 University of Cincinnati College of Law

End Of Life Uncertainty: Terminal Illness, Medicare Hospice Reimbursement, And The "Falsity" Of Physicians' Clinical Judgments, Jameson Steffel

University of Cincinnati Law Review

No abstract provided.


The New Managerialism: Courts, Positive Duties, And Economic And Social Rights, Katharine G. Young 2021 Boston College Law School

The New Managerialism: Courts, Positive Duties, And Economic And Social Rights, Katharine G. Young

Boston College Law School Faculty Papers

An inseparable component of liberal constitutionalism is the respect accorded to so-called negative rights, which rest on duties of government restraint. But just as governments must have their hands tied, in this model, they must also work to secure rights, by actively and effectively planning, regulating, budgeting, and monitoring. These positive duties are particularly pronounced for so-called positive rights, which guarantee access to goods, services and opportunities such as social security, education, health care, land, food, water, sanitation, or to a clean environment. Of course, it is clear that so-called negative rights require both duties of commission and restraint; just ...


The Economics Of Class Action Waivers, Albert H. Choi, Kathryn E. Spier 2021 University of Michigan Law School

The Economics Of Class Action Waivers, Albert H. Choi, Kathryn E. Spier

Articles

Many firms require consumers, employees, and suppliers to sign class action waivers as a condition of doing business with the firm, and the U.S. Supreme Court has endorsed companies’ ability to block class actions through mandatory individual arbitration clauses. Are class action waivers serving the interests of society or are they facilitating socially harmful business practices? This paper synthesizes and extends the existing law and economics literature by analyzing the firms’ incentive to impose class action waivers. While in many settings the firms’ incentive to block class actions may be aligned with maximizing social welfare, in many other settings ...


Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani 2021 University of Pennsylvania Carey Law School

Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani

Faculty Scholarship at Penn Law

This essay reviews Nate Holdren's "Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era" (Cambridge University Press, 2020), which explores the changes in legal imagination that accompanied the rise of workers' compensation programs. The essay foregrounds Holdren’s insights about disability. "Injury Impoverished" illustrates the meaning and material consequences that the law has given to work-related impairments over time and documents the naturalization of disability-based exclusion from the formal labor market. In the present day, with so many social benefits tied to employment, this exclusion is particularly troubling.


Humans Long Ignored: Revisiting Nepa's Definition Of "Human Environment" In The Era Of Black Lives Matter, Travis D. Jones 2021 Villanova University Charles Widger School of Law

Humans Long Ignored: Revisiting Nepa's Definition Of "Human Environment" In The Era Of Black Lives Matter, Travis D. Jones

Villanova Environmental Law Journal

No abstract provided.


Political Justice And Tax Policy: The Social Welfare Organization Case, Philip T. Hackney 2021 University of Pittsburgh

Political Justice And Tax Policy: The Social Welfare Organization Case, Philip T. Hackney

Texas A&M Law Review

In addition to valuing whether a tax policy is equitable, efficient, and administrable, I argue we should ask if a tax policy is politically just. Others have made a similar case for valuing political justice as democracy in implementing just tax policy. I join that call and highlight why it matters in one arena—tax exemption. I also further that discussion by arguing that politically just tax policy does the least harm to the democratic functioning of our government and may ideally enhance it. I argue that our right to an equal voice in collective decision-making is the most fundamental ...


Bankruptcy & The Underwater Home: A Case For Real Property Redemption, David Sheinfeld 2021 University of Michigan Law School

Bankruptcy & The Underwater Home: A Case For Real Property Redemption, David Sheinfeld

Michigan Business & Entrepreneurial Law Review

Chapter 7 of the U.S. Bankruptcy Code exists to satisfy the claims of creditors and preserve an economic “fresh start” for the debtor after bankruptcy. In exchange for surrendering her property to the trustee to have it monetized (i.e., sold), the debtor receives a discharge of her debts and an injunction against future creditor in personam actions to recover them. However, the in personam injunction is insufficient to protect consumer debtors who are in default on mortgages encumbering underwater homes because the creditor’s in rem rights remain; after the conclusion of the case, the creditor can continue ...


Environmental Justice And The Disparate Impact Of North Carolina Industrial-Scale Hog Farming On Minority Communities (Adapted Transcription), Barry Yeoman 2021 University of St. Thomas, Minnesota

Environmental Justice And The Disparate Impact Of North Carolina Industrial-Scale Hog Farming On Minority Communities (Adapted Transcription), Barry Yeoman

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


How Tax Competition May Be Exacerbating Inequalities Among Washington Counties, Fabio Ambrosio 2021 University of St. Thomas, Minnesota

How Tax Competition May Be Exacerbating Inequalities Among Washington Counties, Fabio Ambrosio

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Lessons From Tenant Protection Provisions In Federal Financial Crisis Legislation, Katy Ramsey Mason 2021 University of St. Thomas, Minnesota

Lessons From Tenant Protection Provisions In Federal Financial Crisis Legislation, Katy Ramsey Mason

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Particular Amenability To Probation And The Trog Factors: Rewarding Wealth And Subservience In Minnesota Criminal Sentencing, Sean Cahill 2021 University of St. Thomas, Minnesota

Particular Amenability To Probation And The Trog Factors: Rewarding Wealth And Subservience In Minnesota Criminal Sentencing, Sean Cahill

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Dark Economics & Inspiring The Human Spirit To Transform It, Kemet Imhotep, Bruce Corrie 2021 University of St. Thomas, Minnesota

Dark Economics & Inspiring The Human Spirit To Transform It, Kemet Imhotep, Bruce Corrie

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Pandemic Of Inequality: An Introduction To Inequality Of Race, Wealth, And Class, Equality Of Opportunity, Dr. Charles J. Reid, Jr. 2021 University of St. Thomas School of Law, Minnesota

Pandemic Of Inequality: An Introduction To Inequality Of Race, Wealth, And Class, Equality Of Opportunity, Dr. Charles J. Reid, Jr.

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Founding Journal Advisor’S Welcome Message, Jyoti Nanda 2021 Golden Gate University School of Law

Founding Journal Advisor’S Welcome Message, Jyoti Nanda

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

IMPORT OF THE RACE, GENDER, SEXUALITY, & SOCIAL JUSTICE LAW JOURNAL IN 2021

The launch of the Race, Gender, Sexuality and Social Justice Law Journal is no small feat and I applaud our student leaders for their fortitude in the middle of a year unlike any other. In 2020, our country underwent a national reckoning on race trigged by the unlawful death by police of several unarmed African American women and men while grappling with a global pandemic that halted life as we knew it. Our GGU law students, like all students everywhere, persevered – shifting to remote learning and remaining focused ...


Interim Law Dean’S Welcome Message, Eric C. Christiansen 2021 Golden Gate University School of Law

Interim Law Dean’S Welcome Message, Eric C. Christiansen

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

Welcome to the inaugural issue of the Golden Gate University Race, Gender, Sexuality, & Social Justice Law Journal. There has never been a more appropriate or important time to inaugurate a journal dedicated to the law’s capacity to advance social justice than right now. And there is no better institution to inaugurate this new journal than Golden Gate University School of Law. Thank you to all our readers—now and in the years to come—who will help us move the values, principles, and ideas in this journal into communities and courtrooms in pursuit of equality and true justice.


Founding Managing Editor’S Welcome Message, Tiffany Avila 2021 Golden Gate University School of Law

Founding Managing Editor’S Welcome Message, Tiffany Avila

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

It is with great privilege and honor to introduce you to the GGU Gender, Race, Sexuality, and Social Justice Law Journal. This project started when my colleague, dearest friend and founding Editor-in-Chief, Silvia Chairez-Perez, approached me during our internship with the California Supreme Court Capital Central Staff. We were discussing how far we have come with the resources presented to us, and our motivation to provide a better pathway to underrepresented law students.


Founding Editor-In-Chief’S Welcome Message, Silvia Chairez-Perez 2021 Golden Gate University School of Law

Founding Editor-In-Chief’S Welcome Message, Silvia Chairez-Perez

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

Welcome! Thank you for visiting Golden Gate University’s Journal of Race, Gender, Sexuality, and Social Justice website. The Journal strives to provide race, gender, sexuality, and social justice practitioners, students, judges, and academics a platform to share their thought leadership via a born-digital format. We endeavor to publish legal scholarship of the highest quality.


A Critical Essay On A Treatise On International Development Law: A Coming Of Age, Rumu Sarkar 2021 DePaul University

A Critical Essay On A Treatise On International Development Law: A Coming Of Age, Rumu Sarkar

DePaul Journal for Social Justice

No abstract provided.


A Change Must Come: The Intersection Of Intergenerational Poverty And Public Benefits, Tricia Young 2021 DePaul University

A Change Must Come: The Intersection Of Intergenerational Poverty And Public Benefits, Tricia Young

DePaul Journal for Social Justice

No abstract provided.


The Black Maternal Health Crisis: How To Right A Harrowing History Through Judicial And Legislative Reform, Melia Thompson-Dudiak 2021 DePaul University

The Black Maternal Health Crisis: How To Right A Harrowing History Through Judicial And Legislative Reform, Melia Thompson-Dudiak

DePaul Journal for Social Justice

No abstract provided.


Digital Commons powered by bepress