Poverty Law, Policy And Practice, 2014 Berkeley Law
Poverty Law, Policy And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin
Poverty Law, Policy and Practice is the first new poverty law casebook in 17 years and only the second since 1976. With current literature from multiple viewpoints, the book provides an overview of the field, including cases, data and major government programs that map onto important theoretical, doctrinal, policy and practice questions.
The preface and table of contents are attached. The publisher's page is here: http://www.aspenlaw.com/aspen-casebook-series/id-9781454812548/poverty_law_policy__practice.
In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider
Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections ...
Religious Freedom And Workers’ Compensation - Big Sky Colony V Montana Department Of Labor And Industry, Mel Cousins
Social security and health care litigation has played a prominent role in the development of the jurisprudence concerning the religious clauses of the US Constitution. At the time of writing further litigation in this area is ongoing with initial rulings having been handed down in relation to challenges concerning the compatibility of the PPACA’s contraceptive mandate with the Religious Freedom Restoration Act (RFRA). This note considers an interesting recent decision of the Montana supreme court which considered the constitutionality of an extension of coverage under the Montana workers’ compensation code to colonies of the Hutterite (or Hutterian or Hutterische ...
Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page
Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403
by Cathren Koehlert-Page
Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional.
In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend ...
Unfulfilled Promise: Mental Disability Voting Rights And The Halving Of Hava’S Potential, Benjamin O. Hoerner
Benjamin O Hoerner
In 2012, the heated presidential election between President Barack Obama and Mitt Romney reanimated the debate surrounding the voting rights of mentally disabled citizens in the United States. A decade earlier, in October 2002, President George W. Bush signed into law the Help America Vote Act of 2002 (HAVA), aiming to protect the voting rights of the country’s disabled population. At the time of its enactment, legislators and commentators lauded HAVA as “the most important voting rights bill since the passing of the Voting Rights Act in 1965.” However, since its passage, HAVA has been subjected to a flurry ...
Tontine Pensions: A Solution To The State And Local Pension Underfunding Crisis, 2014 University of Oklahoma College of Law
Tontine Pensions: A Solution To The State And Local Pension Underfunding Crisis, Jonathan B. Forman, Michael J. Sabin
Jonathan B. Forman
Tontines are investment vehicles that can be used to provide retirement income. Basically, a tontine is a financial product that combines features of an annuity and a lottery. In a simple tontine, a group of investors pool their money together to buy a portfolio of investments, and, as investors die, their shares are forfeited, with the entire fund going to the last surviving investor. Over the years, this last-survivor-takes-all approach has made for some great fiction. For example, on the television show “Mash,” Colonel Sherman T. Potter, as the last survivor of his World War I unit, got to open ...
At Forty-Five Years Old The Obligation To Affirmatively Further Fair Housing Gets A Face-Lift, But Will It Integrate America’S Cities?, Jonathan J. Sheffield Jr.
Jonathan J Sheffield Jr.
In July 2013 the U.S. Department of Housing and Urban Development (HUD) issued a draft rule in order to improve implementation of the 1968 Fair Housing Act’s mandate to address segregated housing patterns. HUD’s 2013 proposed rule replaces its 1995 regulation under Section 3608(e) of the Fair Housing Act, which requires HUD and its grantees to act "affirmatively to further fair housing" (AFFH). This obligation has been in place for over forty-five years and it extends to other federal agencies that administer housing programs. Yet segregated communities persist in cities all across America, leaving large segments ...
Promoting Equitable Law School Admissions Through Legal Challenges To The Lsat, 2014 SelectedWorks
Promoting Equitable Law School Admissions Through Legal Challenges To The Lsat, Al Alston
No abstract provided.
Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson
Relief for battered immigrants is not an obvious national security matter per se, yet remedies are enacted in conjunction with stringent interpretations of immigration law, as though victims pose a security threat. Discrepancies exist between the immigration laws themselves—which attempt to secure the United States from disease, violence, and illegal activity—and the loopholes found within remedies under these laws, unnecessarily removing victims and perpetuating a cycle of fear and abuse.
This paper addresses how relief for battered immigrants, when implemented with the priority of protecting national security and immigration legislation, creates and perpetuates negative societal consequences. The economic ...
Social Public Procurement: Corporate Responsibility Without Regulation, 2014 SelectedWorks
Social Public Procurement: Corporate Responsibility Without Regulation, John Robinson Jr.
John Robinson Jr.
The growing perception in the developed world that multi-national corporations conduct social and environmental exploitation abroad raises numerous questions about corporate social responsibility. That those corporations would not get away with, nor probably even attempt, such exploitation in their home countries complicates the question: to what extent are the home governments responsible for ensuring their native corporations act responsibly abroad?
The E.U. answers this question affirmatively and takes an active role in promoting social responsibility. One major mechanism they use is socially responsible public procurement, which incentivizes good social outcomes by awarding contracts based, in part, on social criteria ...
Iran Denies Education Rights To Bahá’Ís, 2014 Western University
Iran Denies Education Rights To Bahá’Ís, Milad Haghani
Western Journal of Legal Studies
The Bahá’í are members of an independent monotheistic religion that originated in the 19th century. The Bahá’í faith constitutes the largest religious minority in Iran. Since the revolution of 1979, the Iranian government has sought to systematically deprive the Bahá’í community of their right to post-secondary education through various administrative practices. These actions are part of a larger persecution scheme that has resulted in more than 200 executions and numerous imprisonments since the 1979 revolution. This paper explores the nature of a number of human rights laws that bind Iran to recognize the right of its ...
Civis Europeus Sum? Social Assistance And The Right To Reside In Eu Law., 2014 SelectedWorks
Civis Europeus Sum? Social Assistance And The Right To Reside In Eu Law., Mel Cousins
This article examines the current status of EU law as regards making entitlement to social assistance dependent on having a legal right to reside in the ‘host’ member state. In particular, it looks at the implications of the recent Court of Justice decision in Brey in which the Court ruled that EU law precluded the Austrian legislation which automatically – ‘whatever the circumstances’ – barred the grant of a compensatory pension supplement to an economically inactive national of another Member State on the grounds that he did not have a legal right to reside in Austria, as the right of residence was ...
Decision And Appeals In Irish Social Welfare Law: Recent Case Law, 2014 SelectedWorks
Decision And Appeals In Irish Social Welfare Law: Recent Case Law, Mel Cousins
This note examines two recent decisions of the Irish High Court in relation to decisions and appeals in the Irish social welfare system: C.P. v Chief Appeals Officer and A. M. v. Minister for Social Protection. The two cases concerned claims for domiciliary care allowance (a payment in respect of children who require additional care) and involved a number of issues including the level of detail to be included in initial negative decisions, whether the Minister is obliged to require a medical examination of a child; the power to review appeals decisions, and when judicial review is an appropriate ...
Pregnancy As A ‘Personal Circumstance’? A Case Study Of Equality Jurisprudence Under The Canadian Charter Of Rights, Mel Cousins
This article examines the recent decision of the Federal Court of Appeal in Miceli-Riggins v Attorney General of Canada as an example of the approach which the Canadian courts are taking to the interpretation of s. 15 of the Charter of Rights (in the area of social benefits) following the Supreme Court’s recent attempts to ‘restate’ that law in a series of cases. It argued that, whatever the intention of the Supreme Court, the restatement of the law has created general confusion in the lower courts and tribunals. In addition, in cases concerning social benefits, the Court’s statements ...
The Right To Freedom From Discrimination: Child Poverty Action Group V Attorney General, Mel Cousins
This case comment examines recent jurisprudence concerning the right to freedom from discrimination under the New Zealand Human Rights Act (HRA) and Bill of Rights Act (NZBORA). In particular, it examines the ruling of the Court of Appeal in Child Poverty Action Group (CPAG) v Attorney General, and also considers relevant aspects of the decisions in Ministry of Heath v Atkinson and Attorney General v IDEA Services. These three decisions have marked an important step forward in the interpretation of the human rights provisions by the New Zealand courts. Following an introduction to the issues raised in the CPAG case ...
The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, 2014 Chapman University School of Law
The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan
Donald J. Kochan
This Article is a first-of-its-kind application of public choice theory to recently developing theories of virtue jurisprudence. Particularly, this Article focuses on not-yet-developed theories of aretaic (or virtue-centered) legislation. This Article speculates what the contours of such theories might be and analyzes the production of such legislation through a public choice lens. Any virtue jurisprudence theory as applied to legislation would likely demand that the proper ends of legislation be deemed as “the promotion of human flourishing” and the same would constitute the test by which we would determine the legitimacy of any legislation.
As noble as virtuous behavior, virtuous ...
Administrative Arbitrary Embarrassments At Brazilian Social Security Procedures, 2014 SelectedWorks
Administrative Arbitrary Embarrassments At Brazilian Social Security Procedures, Carlos Luiz Strapazzon, Maria Helena Pinheiro Renck
carlos luiz strapazzon
In Brazil, Social Security rights are fundamental rights. However, social insurance is divided into two branches: by one side, Pensions Rights (also called Direitos Previdenciários), by the other, the Social Assistance Rights. The former exists to protect some special rights-holders from several social risks (health, death, injury, unemployment, old-age, etc., through regular payments made by the State. It works as a public insurance system directed by the Social Insurance National Institute (INSS). This paper maintain that several administrative embarrassments disturb too much seriously a regular acess to those payments by the needy citizens (right-holders). Likewise, it maintains that most part ...
Seconda Giornata Della Bilateralità - 5 Dicembre 2013, 2013 SelectedWorks
Seconda Giornata Della Bilateralità - 5 Dicembre 2013, Michele Faioli
Workshop di presentazione della ricerca sulla bilateralità italiana e europea
Invisible Minority: People Incarcerated With Mental Illness, Developmental Disabilities, And Traumatic Brain Injury In Washington's Jails And Prisons, 2013 Seattle University School of Law
Invisible Minority: People Incarcerated With Mental Illness, Developmental Disabilities, And Traumatic Brain Injury In Washington's Jails And Prisons, Bette Michelle Fleishman
Seattle Journal for Social Justice
No abstract provided.
An Inconsistent Invitation: Am I Invited To Be A Party? How Not Affording Party Status To Youth In Washington Dependency Hearings Can Be A Violation Of Due Process, 2013 Seattle University School of Law
An Inconsistent Invitation: Am I Invited To Be A Party? How Not Affording Party Status To Youth In Washington Dependency Hearings Can Be A Violation Of Due Process, Laura Baird
Seattle Journal for Social Justice
No abstract provided.