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For Goodness’ Sake: A Two-Part Proposal For Remedying The U.S. Charity/Justice Imbalance, Fran Quigley 2015 Indiana University --Indianapolis

For Goodness’ Sake: A Two-Part Proposal For Remedying The U.S. Charity/Justice Imbalance, Fran Quigley

Fran Quigley

The U.S. approach to addressing economic and social needs strongly favors individual and corporate charity over the establishment and enforcement of economic and social rights. This charity/justice imbalance has a severely negative impact on the nation’s poor, who despite the overall U.S. wealth struggle with inadequate access to healthcare, housing, and nutrition. This article suggests a two-part approach for remedying the charity/justice imbalance in the U.S.: First, the U.S. should eliminate the charitable tax deduction, a policy creation that does not effectively address economic and social needs, forces an inequitable poverty relief and ...


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


Inmates Who Cried Wolf: The Dangers Of Applying The Plra's Limit On Appellate Attorney's Fees In Prisoner Deprivation Of Rights Claims, Peter Shakro 2015 Washington University School of Law

Inmates Who Cried Wolf: The Dangers Of Applying The Plra's Limit On Appellate Attorney's Fees In Prisoner Deprivation Of Rights Claims, Peter Shakro

Washington University Law Review

No abstract provided.


Social Assistance And The Right To Reside At The European Court Of Justice – Dano V Jobcenter Leipzig, Mel Cousins 2015 Trinity College Dublin

Social Assistance And The Right To Reside At The European Court Of Justice – Dano V Jobcenter Leipzig, Mel Cousins

Mel Cousins

This case involves an important decision of the Grand Chamber of the Court of Justice of the EU (CJEU) in relation to when Member States may refuse benefits to non-nationals who do not have a right of residence under EU law. The Court held that Article 24(1) of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States and Article 4 of Regulation No 883/2004 did not preclude a national law under which nationals of other Member States are excluded ...


First Amendment Decisions - 2002 Term, Joel Gora 2014 Touro College Jacob D. Fuchsberg Law Center

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz 2014 Touro Law Center

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma 2014 Pace University School of Law

To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma

Pace Law Review

States such as California, Texas, Montana, Nebraska and Pennsylvania all have either declined to apply for waivers out of the testing, accountability, and penalty schemes of No Child Left Behind; or, have had their applications rejected by the Department of Education. This Article argues that these states would have a legitimate challenge to NCLB as unconstitutionally coercive based on the precedent of Sebelius. As discussed more in the sections that follow, not only is NCLB and Title I the largest federal funding program behind Medicaid, it also shares many of the characteristics that the opinions in Sebelius found to be ...


Duty-Bearers For Positive Rights, Jeremy Waldron 2014 NYU Law School

Duty-Bearers For Positive Rights, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

Claims about social and economic rights (as a kind of human right) are often criticized because they fail to specify who are the bearers of the corresponding duties. We usually say that states are the duty-bearers, but it may not be possible for a poor state to bear the burden of these rights. And anyway it may be a mistake to focus exclusively on states in an age of globalization. This paper uses some analytic ideas from the 1970s and 1980s to address this problem. Drawing on the work of Neil MacCormick and Joseph Raz, it argues that it is ...


Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek

Touro Law Review

No abstract provided.


Toward A Federal Constitutional Right To Employment, R. George Wright 2014 Seattle University School of Law

Toward A Federal Constitutional Right To Employment, R. George Wright

Seattle University Law Review

This Article outlines an argument for a federal constitutional right to employment. The Article begins by examining the harms and costs of involuntary long-term unemployment. It then discusses the historical contributions to our understanding of the value of work, before drawing on several well-established jurisprudential distinctions to explain why, and to justify initial optimism regarding a constitutional employment right.


License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra LaCour 2014 Seattle University School of Law

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis ...


Qualified Immunity And Statutory Interpretation, Ilan Wurman 2014 Seattle University School of Law

Qualified Immunity And Statutory Interpretation, Ilan Wurman

Seattle University Law Review

Before the 1989 case of Graham v. Connor, excessive force cases were pursued under either state law or the insuperable “shocks the conscience” test of the Fourteenth Amendment. Only after Graham did excessive force cases—now under the Fourth Amendment and 42 U.S.C. § 1983—inundate the federal courts, which had by then granted far-reaching immunities to officers for their constitutional torts. As a result of federal qualified immunity doctrine, which many states have adopted for themselves, excessive force cases rarely get to trial, plaintiffs often cannot recover, and courts struggle to find principled distinctions from one qualified immunity ...


Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson 2014 Seattle University School of Law

Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson

Seattle University Law Review

This Comment focuses on the sexual exploitation of both adult women and girls in the life of prostitution. The primary purpose is to explore the difficulties faced by American citizens who are exploited in prostitution (as opposed to foreign nationals who are subject to exploitation). This Comment focuses only on state and local prostitution laws, as opposed to global or federal laws on prostitution. It takes the position that prostitution is not a chosen profession for the vast majority and that prostitution is sexual exploitation. This Comment discusses the experiment of legalization and decriminalization in the Netherlands and Sweden as ...


Hearing Voices: Judicial Consideration Of Ontario’S Social Assistance Legislation, Teri Muszak 2014 The University of Western Ontario

Hearing Voices: Judicial Consideration Of Ontario’S Social Assistance Legislation, Teri Muszak

University of Western Ontario - Electronic Thesis and Dissertation Repository

Legal decision-makers use language that can convey unwarranted assumptions about poverty and the poor. These assumptions can be challenged by analyzing the words that judges and adjudicators use when writing about, talking about, and applying social assistance legislation. In many instances, these assumptions do not align with the lived-experience of persons who receive government income support. This thesis aims to uncover the assumptions made in appellate-level decisions through the method of discourse analysis. It uses discourse theory to suggest that the ways imprecise words are given meaning in a legal field can have a profound influence on how the law ...


The Federal Experiment With Evidence-Based Funding: Lessons From The Home Visiting Program, Philip G. Peters Jr. 2014 University of Missouri

The Federal Experiment With Evidence-Based Funding: Lessons From The Home Visiting Program, Philip G. Peters Jr.

Philip G. Peters Jr.

Congress spends billions of dollars each year on social programs that don’t work. To cure this, both Congress and the current Administration have turned to small competitive funding programs, like the Investing in Innovation program, to find and fund programs with the strongest evidence of impact. Yet, the largest federal programs are formula-based, not competitive. They distribute over $300 billion annually using formulas based on factors like population and poverty. This Article explores whether formula-based programs can also be designed to restrict funding to interventions that are genuinely evidence-based.

The challenge of directing money to proven service models is ...


The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu 2014 Florida State University College of Law

The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu

Shi-Ling Hsu

Thomas Piketty's Capital in the Twenty-first Century, which is surely one of the very few economics treatises ever to be a best-seller, has parachuted into an intensely emotional and deeply divisive American debate: the problem of inequality in the United States. Piketty's core argument is that throughout history, the rate of return on private capital has usually exceeded the rate of economic growth, expressed by Piketty as the relation r > g. If true, this relation means that the wealthy class – who are the predominant owners of capital – will grow their wealth faster than economies grow, which means that ...


Conditions Of Confinement At Sentencing: The Case Of Seriously Disordered Offenders, E. Lea Johnston 2014 The Catholic University of America, Columbus School of Law

Conditions Of Confinement At Sentencing: The Case Of Seriously Disordered Offenders, E. Lea Johnston

Catholic University Law Review

No abstract provided.


Presentation Slides - Have Impoverished Families Been Guaranteed The Right To Adequate Food In The Legal Amazon Region?, Claudia Ribeiro Pereira Nunes 2014 Getulio Vargas Foundation, Rio de Janeiro

Presentation Slides - Have Impoverished Families Been Guaranteed The Right To Adequate Food In The Legal Amazon Region?, Claudia Ribeiro Pereira Nunes

Claudia Ribeiro Pereira Nunes

Brazil is one of the largest food-exporting countries in the world. The economic development of the country depends on the export of food. On the other hand, the Brazilian Federal Constitution guarantees the Adequate Food Right to the Brazilian population and was created the National Food and Nutrition Security. Against this background, in which the foods has dual aspect - law and economic development instrument, the overall aim of the research is to investigate whether there is food and nutrition security, specially to the single-parent families headed by women from 18 to 25 years, with the least 3 or 4 children ...


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 - Ann Arbor

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 ...


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