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All Articles in Social Welfare Law

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The Cost Of High Prices: Embedding An Ethic Of Expense Into The Standard Of Care, Isaac D. Buck 2017 University of Tennessee College of Law

The Cost Of High Prices: Embedding An Ethic Of Expense Into The Standard Of Care, Isaac D. Buck

Boston College Law Review

In the midst of rapid and radical change of America’s health care system, the country’s crown jewel public health insurance program, Medicare, faces an intensifying cost crisis due to a past of uncontrolled prices and a future of booming enrollment. A cost challenge garnering particular media attention is pharmaceutical drug pricing for Medicare Part B. Historically, congressional action has hamstrung Medicare’s ability to limit costs, and as a result, the program is increasingly forced to pass on drug costs—through copays and coinsurance—to its elderly beneficiaries. Public outrage has followed recent stories of pharmaceutical companies seeking ...


Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington 2017 Vanderbilt Law School

Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington

Christopher Serkin

No abstract provided.


Table Of Contents, 2017 Marquette University Law School

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Emigres: Lost In A Sea Of Ignorance, Ronald C. Griffin 2017 Florida Agricultural and Mechanical University

Emigres: Lost In A Sea Of Ignorance, Ronald C. Griffin

Faculty Books and Book Contributions

In EMIGRES: Lost in a Sea of Ignorance, Prof. Griffin states that austerity grips western nations, where governments spend paltry sums on welfare, refugees, and migrants. In his essay, Griffin parses a trove of knowledge about welfare and what's being done for needy people. There is a recounting of an Irish case, a report on spectacles in the US, and a narrative about the troubles in Europe stirred-up by Syrian refugees.


Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig 2017 Notre Dame Law School

Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig

Journal Articles

While divorcing couples in the United States have been studied for many years, separating unmarried couples and their children have proven more difficult to analyze. Recently there have been successful longitudinal ethnographic and survey-based studies. This piece uses documents from a single Indiana county’s unified family court (called the Probate Court) to trace the effects of race and gender on unmarried families, beginning with a sample of 386 children for whom paternity petitions were brought in four months of 2008. It confirms prior theoretical work on racial differences in noncustodial parenting and poses new questions about how incarceration and ...


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

Putting Distribution First, Robert C. Hockett

Cornell Law Faculty Publications

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 ...


2015-2016 Legislative Bill Summary, Assembly Committee on Human Services 2017 Golden Gate University School of Law

2015-2016 Legislative Bill Summary, Assembly Committee On Human Services

California Agencies

No abstract provided.


Protective Plan Provisions For Employer-Sponsored Employee Benefits Plans, 18 Marq. Ben. & Soc. Welfare L. Rev. 1 (2017), Kathryn J. Kennedy 2017 John Marshall Law School

Protective Plan Provisions For Employer-Sponsored Employee Benefits Plans, 18 Marq. Ben. & Soc. Welfare L. Rev. 1 (2017), Kathryn J. Kennedy

Faculty Scholarship

No abstract provided.


Grassroots Innovation Systems For The Post-Carbon World: Promoting Economic Democracy, Environmental Sustainability, And The Public Interest, Shobita Parthasarathy 2017 Brooklyn Law School

Grassroots Innovation Systems For The Post-Carbon World: Promoting Economic Democracy, Environmental Sustainability, And The Public Interest, Shobita Parthasarathy

Brooklyn Law Review

This article uses a sociotechnical systems approach to advocate for an alternative way of thinking about the role of innovation in international development efforts, specifically those focused on environmental sustainability and a post-carbon world. This approach views technology and society as inextricably linked, highlighting how particular values, norms, individual rights and responsibilities, social practices and relationships, and aspects of political culture are embedded in the design, development, implementation, and use of technology. Using the example of clean cookstoves, this article argues that technologies customarily deployed to achieve international development goals are embedded in particular values, assumptions, and social structures that ...


The Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright 2017 University of Kentucky

The Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright

Theses and Dissertations--Linguistics

This work highlights specific lexical items that have become racialized in specific contextual applications and tests how these words are cognitively processed. This work presents the results of a visual world (Huettig et al 2011) eye-tracking study designed to determine the perception and application of racialized (Coates 2011) adjectives. To objectively select the racialized adjectives used, I developed a corpus comprised of popular media sources, designed specifically to suit my research question. I collected publications from digital media sources such as Sports Illustrated, USA Today, and Fortune by scraping articles featuring specific search terms from their websites. This experiment seeks ...


Reframing Homelessness In Vermont: A Systemic Approach To Homelessness Policy Advocacy In Windham County Vermont, Scott Sharland 2017 SIT Graduate Institute

Reframing Homelessness In Vermont: A Systemic Approach To Homelessness Policy Advocacy In Windham County Vermont, Scott Sharland

Capstone Collection

The Changeworks Committee of the Groundworks Collaborative was created in 2014 to implement advocacy that would build public support for long-term policy changes addressing the root causes of homelessness in Windham County Vermont. This research focused on the work of this committee, and posed the question: How does reframing homelessness as a systemic issue instead of an individual issue impact the public perception of the problem in Windham County, Vermont? I argue that reframing perceptions of homelessness as the result of systemic failure and not as a problem of individual choice is key to building public support for solutions. Additionally ...


The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax 2017 University of Pennsylvania Law School

The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax

Faculty Scholarship

A recent body of work in neuroscience examines the brains of people suffering from social and economic disadvantage. This article assesses claims that this research can help generate more effective strategies for addressing these social conditions and their effects. It concludes that the so-called neuroscience of deprivation has no unique practical payoff, and that scientists, journalists, and policy-makers should stop claiming otherwise. Because this research does not, and generally cannot, distinguish between innate versus environmental causes of brain characteristics, it cannot predict whether neurological and behavioral deficits can be addressed by reducing social deprivation. Also, knowledge of brain mechanisms yields ...


Family Policy After The Fragile Families And Relationship Dynamic Studies, Leslie J. Harris 2016 University of Oregon School of Law

Family Policy After The Fragile Families And Relationship Dynamic Studies, Leslie J. Harris

Leslie J. Harris

In response to the changing patterns of American families and to concern about the wellbeing of children when parents’ relationships are unstable, various federal and state laws and programs have been adopted and proposed. Most of the existing and proposed policies encourage children’s biological parents to remain together to raise their children or at least to work closely together to raise the children after they break up. Two major longitudinal studies of families from before or at the time children were born provide support for such policies in some, but not all circumstances; instead of being one-size-fits-all, policies should ...


Fighting Fines & Fees: Borrowing From Consumer Law To Combat Criminal Justice Debt, Neil L. Sobol 2016 Texas A&M University School of Law

Fighting Fines & Fees: Borrowing From Consumer Law To Combat Criminal Justice Debt, Neil L. Sobol

Neil L Sobol

Although media and academic sources often describe mass incarceration as the primary challenge facing the American criminal justice system, the imposition of criminal justice debt may be a more pervasive problem. On March 14, 2016, the Department of Justice (DOJ) requested that state chief justices forward a letter to all judges in their jurisdictions describing the constitutional violations associated with the illegal assessment and enforcement of fines and fees. The DOJ’s concerns include the incarceration of indigent individuals without determining whether the failure to pay is willful and the use of bail practices that result in impoverished defendants remaining ...


Meaningful Access And Disability Discrimination: The Role Of Social Science And Other Empirical Evidence, Mark C. Weber 2016 DePaul University College of Law

Meaningful Access And Disability Discrimination: The Role Of Social Science And Other Empirical Evidence, Mark C. Weber

Mark C. Weber

In cases alleging disability discrimination in the provision of state and local government services, courts frequently hold that plaintiffs’ claims depend on the question whether, despite the disadvantage that government actions impose, the plaintiffs nevertheless receive meaningful access to the government services. Whether people with disabilities actually have meaningful access is in reality a factual question, one on which social science and other empirically supported facts should matter. But courts frequently ignore evidence about the nature and level of access that people with disabilities have to government programs when decisions regarding those programs are being challenged. This essay catalogues judicial ...


The Human Right Of Social Security: Brazilian Case Compared To 20 Foreign Models, Carlos Luiz Strapazzon 2016 Western University of Santa Catarina State (UNOESC); University Positivo School of Law

The Human Right Of Social Security: Brazilian Case Compared To 20 Foreign Models, Carlos Luiz Strapazzon

Carlos Luiz Strapazzon

What is the Brazilian regime of constitutional regulation of the human right of social security? This paper explains why Brazil does not consistently follow any of the most successful models found in the 20 countries analyzed. Brazil is late in not recognizing the existence of the human right to social security. Moreover, in comparative terms, there is no direct correlation between detailed constitutional regulation and effectiveness in the quality of expected outcomes for the protection of livelihoods, social inclusion and healthcare. Any of the three social security schemes can generate high rates of human development, but Brazil did not have ...


Nickel And Dimed Into Incarceration: Cash Register Justice In The Criminal System, Laura I Appleman 2016 Willamette University College of Law

Nickel And Dimed Into Incarceration: Cash Register Justice In The Criminal System, Laura I Appleman

Boston College Law Review

Criminal justice debt has aggressively metastasized throughout the criminal system. A bewildering array of fees, fines, court costs, non-payment penalties, and high interest rates have turned criminal process into a booming revenue center for state courts and corrections. As criminal justice “administrative” costs have skyrocketed, the burden to fund the system has fallen largely on the system’s users—primarily poor or indigent—who often cannot pay their burden. Unpaid criminal justice debt often leads to actual incarceration or substantial punitive fines, which turns rapidly into “punishment”. Such punishment at the hands of a court, bureaucracy, or private entity compromises ...


Empathy, Spring, And The Fervorino, Susan Bennett 2016 Selected Works

Empathy, Spring, And The Fervorino, Susan Bennett

Susan D. Bennett

No abstract provided.


The Threat Of The Wandering Poor: Welfare Parochialism And Its Impact On The Use Of Housing Mobility As An Anti-Poverty Strategy, Susan Bennett 2016 Washington College of Law of the American University

The Threat Of The Wandering Poor: Welfare Parochialism And Its Impact On The Use Of Housing Mobility As An Anti-Poverty Strategy, Susan Bennett

Susan D. Bennett

This Essay discusses how, if one accepts the premises of mobility-based anti-poverty strategies, the geographical parochialism and structural rigidity of the welfare system undermine mobility goals. The Essay also examines the possibility that current trends in housing policy will undercut anti-poverty goals.


Lost Fidelities, Barry Cushman 2016 Notre Dame Law School

Lost Fidelities, Barry Cushman

Barry Cushman

Owen Roberts was accused of a variety of things in 1937, but “fidelity” was not among them. Justice Harlan Fiske Stone and Professor Felix Frankfurter were among many who accused Roberts of performing, as Frankfurter put it, a jurisprudential “somersault” “incapable of being attributed to a single factor relevant to the professed judicial process.” To Frankfurter, it was “all painful beyond words,” and gave him “a sickening feeling which is aroused when moral standards are adulterated in a convent.” Yet when Roberts announced his retirement from the Court eight years later, Chief Justice Stone, along with now-Justices Frankfurter and Robert ...


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