From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, 2010 University of Maryland School of Law
From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super
Pending legislation to address carbon emissions would include large subsidies for existing emitters. These subsidies make little sense economically or politically. Worse, they divert resources needed to address two crucial issues that the proposed legislation largely ignores: the impact of raising carbon costs on low-income people and the massive structural federal deficit. A carbon tax or cap-and-trade system would increase costs substantially not only for transportation but for food and housing. With poverty rising even before the current economic downturn, these price increases’ consequences could be dire. The structural deficit will require deflationary tax increases or spending cuts. Combining carbon ...
Understanding Family Law, 2010 Lund University
Understanding Family Law, Eva Ryrstedt
The whole book available at: http://www.jur.lu.se/Quickplace/norma/Main.nsf/h_Toc/4EF241FEE0E8A5DDC12577FC00276589/?OpenDocument
Ahistorical Indians And Reservation Resources, 2010 American University Washington College of Law
Ahistorical Indians And Reservation Resources, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.
Contingent Valuation Studies And Health Policy, 2010 University of Pennsylvania Law School
Contingent Valuation Studies And Health Policy, Matthew D. Adler
This short comment argues that both cost-benefit analysis (CBA) and cost-effectiveness analysis (CEA) should be seen as imperfect tools for evaluating health policy. This is true, not only for extra-welfarists, but even for welfarists, since both CBA and CEA can deviate from the use of social welfare functions (SWF). A simple model is provided to illustrate the divergence between CBA, CEA, and the SWF approach. With this insight in mind, the comment considers the appropriate role of contingent-valuation studies. For full text, please see: http://www.law.upenn.edu/cf/faculty/madler/workingpapers/578A59B6d01.pdf.
The Redefined Hero: Discovering Champions Of Social Change, 2010 Loyola University Chicago, School of Law
The Redefined Hero: Discovering Champions Of Social Change, Emily Benfer
Faculty Publications & Other Works
No abstract provided.
The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), 2010 John Marshall Law School
The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones
No abstract provided.
Stratification Of The Welfare Poor: Intersections Of Gender, Race, And “Worthiness” In Poverty Discourse And Policy, 2010 American University Washington College of Law
Stratification Of The Welfare Poor: Intersections Of Gender, Race, And “Worthiness” In Poverty Discourse And Policy, Bridgette Baldwin
The Modern American
No abstract provided.
Between Starvation And Globalization: Realizing The Right To Food In India, 2010 Harvard Law School
Between Starvation And Globalization: Realizing The Right To Food In India, Lauren Birchfield, Jessica Corsi
Michigan Journal of International Law
This Article evaluates People's Union for Civil Liberties v. Union of India & Others (PUCL) through multiple lenses, examining: (1) the necessary factors that contributed to the success of the Public Interest Litigation (PIL) and its enforcement and (2) both the implications and limitations of PUCL as it relates to India's larger economic policy framework. We argue that the development and success of the PUCL litigation have depended in part on provisions of the Indian Constitution amenable to the incorporation and promotion of economic and social rights as well as on a unique relationship between civil society and judicial ...
Property Rights & The Demands Of Transformation, 2010 Chicago-Kent College of Law
Property Rights & The Demands Of Transformation, Bernadette Atuahene
Michigan Journal of International Law
Countries like those in Southern Africa will never emerge from the indomitable shadow of inequity and the serious threat of backlash unless real property is redistributed; but, the conception of property these countries explicitly or implicitly adopt can adversely affect their ability to redistribute. Under the classical conception of real property (the classical conception), redistribution is difficult because title deed holders are a privileged group who are given nearly absolute property protection. Strangely, the classical conception is ascendant in many transitional states where redistribution is essential. The specific question this Article addresses is: for states where past property dispossession has ...
Poverty Revenue: The Subversion Of Fiscal Federalism, 2010 University of Baltimore School of Law
Poverty Revenue: The Subversion Of Fiscal Federalism, Daniel L. Hatcher
All Faculty Scholarship
Fiscal federalism is a staple of economic theory that underlies the federal-state partnership in the nation‘s largest federal grant-in-aid programs, such as Medicaid and Title IV-E Foster Care. The theory is founded on a simple principle, the collaboration of the federal government‘s financial power and stability and state governments‘ ability to deliver services tailored to regional needs. However, the theory ignores a vast industry that has grown around the flow of federal funds. In addition to providing operational and consulting services for all aspects of government aid, this poverty industry - which usurps inherently governmental functions and is rife ...
Lifting Burdens: Proof, Social Justice, And Public Assistance Administrative Hearings, 2010 Seattle University School of Law
Lifting Burdens: Proof, Social Justice, And Public Assistance Administrative Hearings, Lisa Brodoff
In "Lifting Burdens: Proof, Social Justice, and Public Assistance Administrative Hearings," Lisa Brodoff describes the administrative hearing system for public assistance recipients and applicants, and asserts that it is the primary social justice system for the poor. She discusses why public assistance appellants are always placed at a significant disadvantage in this system. The article proposes that the best way to even out the inequities in adjudications is to always place the burdens of production and persuasion by clear and convincing evidence on the government in these hearings. She argues that policy, efficiency, and fairness require a consistent and heavy ...
Medicaid, Low Income Pools, And The Goals Of Privatization, 2010 Mitchell Hamline School of Law
Medicaid, Low Income Pools, And The Goals Of Privatization, Laura Hermer
This article examines the Bush Administration's attempts to transform certain supplemental payments, most notably Medicaid’s Disproportionate Share Hospital (DSH) program, into a means of subsidizing private health coverage for Medicaid expansion populations. Greater private market involvement in the state disbursement of supplemental payments such as DSH makes it more difficult to fulfill Medicaid’s original goals. It reduces the overall funds available specifically for care, provides beneficiaries with leaner benefit plans than those offered by the public system, and hinders beneficiaries from obtaining and retaining care. As such, it increases waste and inefficiency, rather than reducing them. At ...
Oil And Water: Mixing Individual Mandates, Fragmented Markets, And Health Reform, 2010 University of Pennsylvania Law School
Oil And Water: Mixing Individual Mandates, Fragmented Markets, And Health Reform, Allison K. Hoffman
With momentum toward national health reform, there is wide support for legislation to include an individual mandate that would require all Americans to carry health insurance. Discussion of the individual mandate has relied largely on whether the mandate will generate universal coverage as a gauge for success. This article challenges the notion that an individual mandate is successful if it leads to universal coverage, revealing a critical problem the individual mandate will face even if all Americans were to have health insurance. To uncover this problem, this article sets out a novel framework that disentangles the three different policy objectives ...
Tontines For The Invincibles: Enticing Low Risks Into The Health-Insurance Pool With An Idea From Insurance History And Behavioral Economics, Tom Baker, Peter Siegelman
Over one third of the uninsured adults in the U.S. below retirement age are between 19 and 29 years old. Young adults, especially men, often go without insurance, even when buying it is mandatory and sometimes even when it is a low cost employment benefit. This paper proposes a new form of health insurance targeted at this group—the “Young Invincibles”—those who (wrongly) believe that they don’t need health insurance because they won’t get sick. Our proposal offers a cash bonus to those who turn out to be right in their belief that they did not ...
Dickens Redux: How American Child Labor Law Became A Con Game, 2010 Valparaiso University School of Law
Dickens Redux: How American Child Labor Law Became A Con Game, Seymour Moskowitz
Law Faculty Publications
Millions of American teens are employed today in a variety of workplaces. The jobs they hold typically provide little human capital for their future economic self·sufficiency, and pose substantial immediate and long-term safety, academic, and behavioral risks for this generation. This Article seeks to answer the question of how American law and society reached this situation, which has such disastrous effects for working youth, their families, and society as a whole. Three main themes are developed:
1. Child labor has always been part of the American economy, from colonial times until today. While there have been more than 150 ...
Intent And Empirics: Race To The Subprime, 2010 University of Richmond
Intent And Empirics: Race To The Subprime, Carol N. Brown
Law Faculty Publications
The United States’ history of racially discriminatory banking, housing, and property policies created a community of black Americans accustomed to exploitative financial services and vulnerable to victimization by subprime lenders. My thesis is that black borrowers are experiencing a new iteration of intentional housing discrimination in the twentieth and twenty-first centuries; lenders identified a vulnerable 'emerging market' of black homeowners and borrowers and knowingly targeted them to receive subprime or predatory loan products when equally situated white borrowers were given superior, prime mortgage products. This Article explores how disparate lending practices coupled with banking deregulation undermined the Congressional push for ...
Book Review, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
Book Review, Chad J. Schatzle
Welfare's Forgotten Past: A Socio-Legal History of the Poor Law is a timely reminder of society's legal duty to the poor. In an era of global economic turmoil, with recent welfare reform and heated debates over the extension of unemployment benefits here in the United States, it is easy to forget that laws for the relief of poverty have roots reaching back more than 400 years. Author Lorie Charlesworth, Reader in Law and History at Liverpool John Moores University, focuses her book on the poor law-a historical, English system derived largely from the seventeenth-century laws of settlement and ...
Social Security Benefits Formula 101: A Practical Primer, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
Social Security Benefits Formula 101: A Practical Primer, Francine J. Lipman
No abstract provided.
Drug Law Reform—Retreating From An Incarceration Addiction, 2010 University of Kentucky College of Law
Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson
Law Faculty Scholarly Articles
Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number ...
Stratification Of The Welfare Poor: Intersections Of Gender, Race & "Worthiness" In Poverty Discourse And Policy, 2010 Western New England University School of Law
Stratification Of The Welfare Poor: Intersections Of Gender, Race & "Worthiness" In Poverty Discourse And Policy, Bridgette Baldwin
This Article analyzes the historical, cultural and legal treatments and representations of poor black women from Progressive Era philanthropic aid to early "work-to-welfare" reform protocol. When black women serve as the case study for a larger examination of social policy issues we see that welfare was rarely meant to remedy the structural crunch of poverty. Working class black women have been at the center of the construction of the poor and serve as the designation to determine which people deserve to be compensated for being poor.
Furthermore, the Author discusses both the ramifications and rationale of why the government never ...