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Social Welfare Law Commons

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1,842 full-text articles. Page 3 of 52.

Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer 2018 Boston College Law School

Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer

Boston College Law School Faculty Papers

As we write, the United States, Canada, and Mexico are meeting in Washington, D.C. to renegotiate the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. Since NAFTA came into force in 1994, it has transformed the North American economy. NAFTA has made possible continent-wide supply chains, in industries like the auto sector, that have reduced costs and allowed American automakers to remain competitive; it has opened markets for American agriculture; it has greatly increased the standard of living in Mexico; and it has ...


Waiting To Be Heard: Fairness, Legal Rights, And Injustices The Deaf Community Faces In Our Modern, Technological World, Justin Chavez 2018 Washington University in St. Louis

Waiting To Be Heard: Fairness, Legal Rights, And Injustices The Deaf Community Faces In Our Modern, Technological World, Justin Chavez

Washington University Global Studies Law Review

This note will examine the existing access to legal aid, employment, recourse, and education in various deaf cultures and societies. The goal is a comparative study into how the DHH communities are accepted, valued, and prioritized in different countries, and how that translates into legal infrastructure, in the form of governmentally-mandated statues, regulations, public accommodations, and legal education. This will consist of a brief history into the recognition, labeling, and acceptance of deaf citizens in ancient and modern cultures, the path to a society’s awareness and eventual recognition of deaf citizens, and how the various levels of awareness differ ...


The Women Feminism Forgot: Rural And Working-Class White Women In The Era Of Trump, Lisa R. Pruitt 2017 University of California, Davis

The Women Feminism Forgot: Rural And Working-Class White Women In The Era Of Trump, Lisa R. Pruitt

Lisa R Pruitt

The Women Feminism Forgot:  Rural and Working-Class White Women in the Era of Trump
 
© Lisa R. Pruitt 2018
 
Abstract
 
This article, based on a keynote address delivered at the University of Toledo Law Review Symposium on “Gender Equality:  Progress and Possibilities,” takes up the task of theorizing gendered aspects of the current chasm between progressive elites on one hand and rural and working-class whites on the other.  Pruitt offers observations that aim to cultivate empathy and ultimately temper elite derision toward these populations.  The article also lays the groundwork for a robust consideration of how feminist legal theory has failed ...


Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral 2017 Brooklyn Law School

Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral

Brooklyn Journal of Corporate, Financial & Commercial Law

Microfinance seeks to eradicate poverty through the economic growth and development that results when seed capital is given to microenterprises. In 2015, Latin America’s microfinance loan portfolio totaled $40 billion USD and included more than twenty-two million borrowers. Due to the current state of microfinance in the region—abusive lending practices and betraying the original goal and purpose of eradicating poverty—this Note advocates for a regional regulatory body, such as the Latin American Microfinance Association, that would develop and assist Latin American countries to implement model legal frameworks that increase client protection, create licensing requirements, establish interest rate ...


Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, Ryan D. Konstanzer 2017 Notre Dame Law School

Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, Ryan D. Konstanzer

Journal of Legislation

No abstract provided.


“Making Bail”: Limiting The Use Of Bail Schedules And Defining The Elusive Meaning Of “Excessive Bail”, James A. Allen 2017 Brooklyn Law School

“Making Bail”: Limiting The Use Of Bail Schedules And Defining The Elusive Meaning Of “Excessive Bail”, James A. Allen

Journal of Law and Policy

Every day in the United States, thousands of people are waiting in jail postarrest prior to any trial or conviction. Once arrested, these individuals frequently face harsh conditions while they are held for their first appearance to be assigned bail. Thousands of individuals wait more than forty-eight hours to first appear in front of a judicial officer who determines their bail conditions. Innocent people––people who have committed no offense except that of being underprivileged––are pressured into accepting plea bargains because they cannot pay bail. Thousands remain in jail unwilling to accept plea bargains or admit guilt but are ...


Small And Safe, Rathna N. KOMAN 2017 Singapore Management University

Small And Safe, Rathna N. Koman

Research Collection School Of Law

This paper seeks to address issues relating to the management of child protection in Singapore context. Currently the system provides an institutionalized multi-disciplinary approach to protecting children. The current integrated system of handling child abuse is comprehensive and thorough and seeks to serve the bests interests of the child. However given socio-economic and legal ramifications of child abuse, this paper proposes the following enhancements in the management of child protection. Fist reporting of child abuse should be made mandatory similar to the American Model. Failure to do so, should constitute an offence under the Children and Young Persons Act and ...


Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos 2017 University of Michigan Law School

Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos

Articles

The 2016 election has had significant consequences for American social welfare policy. Some of these consequences are direct. By giving unified control of the federal government to the Republican Party for the first time in a decade, the election has potentially empowered conservatives to ram through a bill to repeal the Affordable Care Act—the landmark “Obamacare” law that marked the most significant expansion of the social welfare state since the 1960s. Other consequences are more indirect. Both the election result itself, and Republicans’ actions since, have spurred a renewed debate within the left-liberal coalition regarding the politics of social ...


Changing Welfare As We Know It, Again: Reforming The Welfare Reform Act To Provide All Drug Felons Access To Food Stamps, Meghan Looney Paresky 2017 Boston College Law School

Changing Welfare As We Know It, Again: Reforming The Welfare Reform Act To Provide All Drug Felons Access To Food Stamps, Meghan Looney Paresky

Boston College Law Review

Approximately half a million Americans are currently incarcerated for drug convictions at the state and federal level. President Clinton’s 1996 enactment of the Personal Responsibility and Work Opportunity Reconciliation Act (“PRWORA”) affects this enormous class of individuals by including a provision that places a lifetime ban on access to welfare benefits, including food stamps, for individuals who have been convicted of a drug felony. Although there is an option within PRWORA for states to modify or opt out of the provision, six states and territories still enforce the full lifetime ban, and most states have some form of the ...


Putting Distribution First, Robert C. Hockett 2017 Cornell Law School

Putting Distribution First, Robert C. Hockett

Robert C. Hockett

It is common for normative legal theorists, economists and other policy analysts to conduct and communicate their work mainly in maximizing terms. They take the maximization of welfare, for example, or of wealth or utility, to be primary objectives of legislation and public policy. Few if any of these theorists seem to notice, however, that any time we speak explicitly of maximizing one thing, we speak implicitly of distributing other things and of equalizing yet other things. Fewer still seem to recognize that we effectively define ourselves by reference to that which we distribute and equalize. For it is in ...


Defend The Rights Of The Poor, Gordon J. Beggs 2017 St. John's University School of Law

Defend The Rights Of The Poor, Gordon J. Beggs

The Catholic Lawyer

No abstract provided.


Surrogate Lawyering: Legal Guidance, Sans Lawyers, Paul R. Tremblay 2017 Boston College Law School

Surrogate Lawyering: Legal Guidance, Sans Lawyers, Paul R. Tremblay

Boston College Law School Faculty Papers

Innovative thinkers within the access-to-justice (ATJ) movement have been experimenting with creative ideas for delivering meaningful legal guidance in an efficient way to clients struggling with civil legal needs. These efforts respond to the long-standing crisis in the delivery of legal services to disadvantaged persons, and the overwhelming need for legal advice in areas such as debt collection, housing, family, and immigration. One such imaginative proposal is what this Article calls “surrogate lawyering.” This innovation envisions public interest law firms using some scarce lawyer time to train and advise community-based organization (CBO) staff members to respond, in real time and ...


Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn 2017 Northwestern Pritzker School of Law

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.


Antitrust Policy And Inequality Of Wealth, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Antitrust Policy And Inequality Of Wealth, Herbert J. Hovenkamp

Faculty Scholarship

Why would anyone want to use antitrust law as a wealth distribution device when far more explicit statutory tools are available for that purpose? One feature of antitrust is its open-textured, nonspecific statutes that are interpreted by judges. As a result, using antitrust to redistribute wealth may be a way of invoking the judicial process without having to go to Congress or a state legislature that is likely to be unsympathetic. Of course, a corollary is that someone attempting to use antitrust law to redistribute wealth will have to rely on the existing antitrust statutes rather than obtaining a new ...


“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres 2017 Fordham University School of Law

“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres

Fordham Law Review

The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of ...


The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Pantin 2017 Boston College Law School

The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Pantin

Lynnise E. Pantin

The economic, political, and social volatility of the sixties and seventies, out of which clinical legal education was born, has certain mythical qualities for most law students, and perhaps some law professors. America still bears the scars of the economic policies of those previous eras, such as redlining, blockbusting, poverty and urban decay. While the realities of the era may seem out of reach for many of our students, those policies arising out of that era have contributed to the wealth gap in this country, which has worsened over the last twenty years. Now more than ever, society needs social ...


Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman 2017 Texas A&M University School of Law

Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman

Texas A&M Law Review

As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought ...


The Untold Story Of The Justice Gap: Integrating Poverty Law Into The Law School Curriculum, Vanita S. Snow 2017 University of the District of Columbia David A. Clarke School of Law

The Untold Story Of The Justice Gap: Integrating Poverty Law Into The Law School Curriculum, Vanita S. Snow

Pace Law Review

No abstract provided.


The Triple-C Impact: Responding To Childhood Exposure To Crime And Violence, Michal Gilad 2017 University of Pennsylvania

The Triple-C Impact: Responding To Childhood Exposure To Crime And Violence, Michal Gilad

Faculty Scholarship

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as a ...


The Changing View Of The “Bystander” In Holocaust Scholarship: Historical, Ethical, And Political Implications, Victoria J. Barnett 2017 Director of the United States Holocaust Memorial Museum’s Programs on Ethics, Religion, and the Holocaust

The Changing View Of The “Bystander” In Holocaust Scholarship: Historical, Ethical, And Political Implications, Victoria J. Barnett

Utah Law Review

The role of “bystanders” has been a central theme in discussions about the ethical legacy of the Holocaust. In early Holocaust historiography, “bystander” was often used as a generalized catchall term designating passivity toward Nazi crimes. “Bystander behavior” became synonymous with passivity to the plight of others, including the failure to speak out against injustice and/or assist its victims. More recent scholarship has documented the extent to which local populations and institutions were actively complicit in Nazi crimes, participating in and benefitting from the persecution of Jewish citizens, not only in Germany but across Europe. This newer research has ...


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