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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 ...


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.


How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman 2016 DePaul University College of Law

How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman

DePaul Journal for Social Justice

No abstract provided.


What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum 2016 Golden Gate University School of Law

What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, 2016 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy 2016 Seattle University School of Law

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

Seattle University Law Review

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 ...


The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell 2016 Seattle University School of Law

The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell

Seattle University Law Review

When, in 2015, a Louisiana prison warden publically likened the Black Panther Party to the Ku Klux Klan, I was stunned. The differences between the two groups seemed so extreme and so obvious I could not imagine ineptness of this magnitude. Not long after this, a Georgia legislator unashamedly express that the Ku Klux Klan was not a racist, terrorist group, but merely a vigilante group trying to keep law and order. After initial dismay, each of these instances evoked thoughts of the far-reaching implications of officials making operational and policy decisions around such a flawed appreciation of history. These ...


Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni 2016 Seattle University School of Law

Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni

Seattle University Law Review

Adult begging in Italy has been decriminalized since a Constitutional Court decision in 1995 and an ensuing law, no. 205, in 1999. Nonetheless, beggars, particularly Roma ones, are still perceived by the public as a nuisance, like an issue that should be dealt with. Sensible to the pressure of its constituency, even Florence—a city with a tradition of openness and inclusion—has taken measures against begging and other similar street-level economic activities. Between 2007 and 2008, the first wave of city action in Florence was directed at windshield cleaners at traffic lights. Even though the policy was challenged, it ...


Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher 2016 Seattle University School of Law

Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher

Seattle University Law Review

For years, states have been using illusory schemes to maximize federal aid intended for Medicaid services—and then often diverting some or all of the resulting funds to other use. And states have help. Private revenue maximization consultants are hired by states to increase Medicaid claims, often for a contingency fee. We do not know the exact amount of federal Medicaid funds that has been diverted to state revenue and private profit each year, but it is in the billions. Part I of this Article sets out the structure of the Medicaid program and describes states’ use of revenue maximization ...


Keynote Remarks: Academic Activism And Freedom Of Speech, Gene Nichol 2016 Seattle University School of Law

Keynote Remarks: Academic Activism And Freedom Of Speech, Gene Nichol

Seattle University Law Review

I am much honored to be here, in such remarkable company. By my lights, the folks in this room represent the best of the legal academy; those who think, stunningly, that the real world, outside campus walls, actually matters; those who, every day, live out Václav Havel’s definition of hope. Havel thought of hope not as a prediction of success or a description of the world around us but as a conscious choice to live in the belief that we can make a difference in the quality of our shared, and sometimes threatened, lives. When you think about it ...


A Study Of Social Security Disability Litigation In The Federal Courts, Jonah B. Gelbach, David Marcus 2016 University of Pennsylvania Law School

A Study Of Social Security Disability Litigation In The Federal Courts, Jonah B. Gelbach, David Marcus

Faculty Scholarship

A person who has sought and failed to obtain disability benefits from the Social Security Administration (“the agency”) can appeal the agency’s decision to a federal district court. In 2015, nearly 20,000 such appeals were filed, comprising a significant part of the federal courts’ civil docket. Even though claims pass through multiple layers of internal agency review, many of them return from the federal courts for even more adjudication. Also, a claimant’s experience in the federal courts differs considerably from district to district around the country. District judges in Brooklyn decide these cases pursuant to one set ...


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