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

Social Welfare Law Commons

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

1873 Full-Text Articles 1270 Authors 770973 Downloads 103 Institutions

All Articles in Social Welfare Law

Faceted Search

1873 full-text articles. Page 5 of 53.

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 ...


(Anti)Poverty Measures Exposed, Francine J. Lipman 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

(Anti)Poverty Measures Exposed, Francine J. Lipman

Scholarly Works

Few economic indicators have more salience and pervasive financial impact on everyday lives in the United States than poverty measures. Nevertheless, policymakers, researchers, advocates, and legislators generally do not understand the details of poverty measure mechanics. These detailed mechanics shape and reshape poverty measures and the too often uninformed responses and remedies. This Article will build a bridge from personal portraits of families living in poverty to the resource allocations that failed them by exposing the specific detailed mechanics underlying the Census Bureau’s official (OPM) and supplemental poverty measures (SPM). Too often, when we confront the problem of poverty ...


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 ...


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.


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 ...


The One Percent Solution: How Corporations Are Remaking America One State At A Time, Gordon Lafer 2017 University of Oregon

The One Percent Solution: How Corporations Are Remaking America One State At A Time, Gordon Lafer

Book Samples

[Excerpt] In January 2015, Tennessee’s Republican governor, Bill Haslam, unveiled a proposal to expand his state’s Medicaid program to provide health insurance to two hundred thousand low-income residents. At the time, Haslam was at the peak of his power: he had just won reelection with 70 percent of the vote and had been named to head the Republican Governors Association. Haslam insisted that his plan was “not Obamacare”; indeed, he had gained concessions from the Obama administration allowing him to write conservative requirements into the program. His Republican colleagues—who controlled both houses of the legislature—supported his ...


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 ...


Newsroom: Horwitz Addresses Rally For Homeless 09/15/2016, Amanda Milkovits, Roger Williams University School of Law 2016 Providence Journal

Newsroom: Horwitz Addresses Rally For Homeless 09/15/2016, Amanda Milkovits, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, 39 Seattle U. L. Rev. 1199 (2016), Olympia Duhart, Hugh Mundy 2016 John Marshall Law School

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, 39 Seattle U. L. Rev. 1199 (2016), Olympia Duhart, Hugh Mundy

Hugh Mundy

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are ...


Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy 2016 Selected Works

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy

Hugh Mundy

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are ...


Welfare State Crime In Canada: The Politics Of Tax Evasion In The 1980s, Lorne Sossin 2016 Osgoode Hall Law School of York University

Welfare State Crime In Canada: The Politics Of Tax Evasion In The 1980s, Lorne Sossin

Lorne Sossin

This paper considers the phenomenon of tax evasion in the 1980s in Canada as an outgrowth of a crisis in the welfare state. The lack of social protest over the high incidence of tax evasion among the wealthiest stratum of Canadian individuals and corporations is, on this view, linked to the transformation of politicized citizens into depoliticized clients. Tax evasion, along with legal tax avoidance both proliferated in the 1980s which reflects the convergence of a number of events including the increase in use of tax expenditures, the decreasing emphasis on enforcement in tax administration, the rise of neoconservatism and ...


Peter Approved My Visa, But Paul Denied It, Emily Callan, JohnPaul Callan 2016 George Mason University

Peter Approved My Visa, But Paul Denied It, Emily Callan, Johnpaul Callan

DePaul Journal for Social Justice

No abstract provided.


Prison Bars On Classroom Doors, Cornelius Lee 2016 DePaul University

Prison Bars On Classroom Doors, Cornelius Lee

DePaul Journal for Social Justice

No abstract provided.


Digital Commons powered by bepress