Oil And Water: Mixing Individual Mandates, Fragmented Markets, And Health Reform, 2010 University of Pennsylvania Carey Law School
Oil And Water: Mixing Individual Mandates, Fragmented Markets, And Health Reform, Allison K. Hoffman
All Faculty Scholarship
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 …
The Emerging Civil Society In China And Its Impact On Democratization, 2010 Colby College
The Emerging Civil Society In China And Its Impact On Democratization, Haolu Wang
Honors Theses
Recent years have seen an emerging civil society in an authoritarian China. The authoritarian embrace of civil society challenges the conventional wisdom that civil society is closely linked to democracy. In Beijing, the rhetoric of civil society linked less to democracy than to modernization. However, does civil society development have any impact on democratization in authoritarian regimes? The thesis tries to provide a tentative answer by studying civil society and democratization in post-Mao China. As a result of economic development and political reforms, gradual political liberalization has marked a shift of state-society relations that gives rise to a certain degree …
Citizenship, In The Immigration Context, 2010 University of Pennsylvania Carey Law School
Citizenship, In The Immigration Context, Matthew J. Lister
All Faculty Scholarship
Many international law scholars have begun to argue that the modern world is experiencing a “decline of citizenship,” and that citizenship is no longer an important normative category. On the contrary, this paper argues that citizenship remains an important category and, consequently, one that implicates considerations of justice. I articulate and defend a “civic” notion of citizenship, one based explicitly on political values rather than shared demographic features like nationality, race, or culture. I use this premise to argue that a just citizenship policy requires some form of both the jus soli (citizenship based on location of birth) and the …
The Parent As (Mere) Educational Trustee: Whose Education Is It, Anyway?, 2010 Georgetown University Law Center
The Parent As (Mere) Educational Trustee: Whose Education Is It, Anyway?, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
The purpose of this Article is two-fold. First, the Article argues that the parent’s right to educate his or her children is strictly circumscribed by the parent’s duty to ensure that children learn habits of critical reasoning and reflection. The law has long recognized that the state’s duty to educate children is superior to any parental right. Indeed, the “parentalist” position to the contrary rests on an inflation of rights that is, in fact, a radical departure from longstanding legal norms. Indeed, at common law the parent had “a sacred right” to the custody of his child, and the parent’s …
Conservatism And American Political Development, 2009 Wesleyan University
Conservatism And American Political Development, Brian Glenn
Brian J. Glenn
No abstract provided.
'Like A Prison!': Homeless Women's Narratives Of Surviving Shelter, 2009 Western Michigan University
'Like A Prison!': Homeless Women's Narratives Of Surviving Shelter, Angela Moe, Sarah Deward
Angela M. Moe
Relying on field observation and twenty qualitative interviews with shelter residents, this article examines how the bureaucracy and institutionalization within a homeless shelter fits various tenets of Goffman's (1961) "total institution," particularly with regard to systematic deterioration of personhood and loss of autonomy. Women's experiences as shelter residents are then explored via a typology of survival strategies: submission, adaptation, and resistance. This research contributes to existing literature on gendered poverty by analyzing the nuanced ways in which institutionalization affects and complicates women's efforts to survive homelessness.
Review Of Timothy J. Sullivan. New York State And The Rise Of Modern Conservatism: Redrawing Party Lines. (State University Of New York Press, 2008), 2009 Wesleyan University
Review Of Timothy J. Sullivan. New York State And The Rise Of Modern Conservatism: Redrawing Party Lines. (State University Of New York Press, 2008), Brian Glenn
Brian J. Glenn
No abstract provided.
Through The Doughnut Hole: Reimagining The Social Security Contribution And Benefit Base Limit, 2009 University of Florida
Through The Doughnut Hole: Reimagining The Social Security Contribution And Benefit Base Limit, Patricia E. Dilley
Patricia E Dilley
ABSTRACT The Obama campaign proposal to address Social Security's future financing shortfalls by increasing the Social Security tax base limit only for those making more than $250,000 per year raises the broader question of the function of the base limit from a Social Security program perspective. The public supports increasing the wage base above all other possible avenues for solving long term financing issues, but the problems with the Obama "doughnut hole" proposal are substantial from several perspectives. In this article, the author suggests that the function of the base limit be reconsidered, and the benefit accrual function of the …
Public Values, Health Inequality, And Alternative Notions Of A “Fair” Response, 2009 University of Houston - Main
Public Values, Health Inequality, And Alternative Notions Of A “Fair” Response, Elizabeth Rigby, Erika Blacksher, Claire Espey
Elizabeth Rigby
The fact that disadvantaged people generally die younger and suffer more disease than those with more resources is gaining ground as a major policy concern in the United States. Yet, we know little about how public values inform public opinion regarding policy interventions to address these disparities. This paper presents findings from an exploratory study of the public’s values and priorities as they relate to social inequalities in health. Forty-three subjects were presented with a scenario depicting health inequalities by social class and were given the opportunity to alter the distribution of health outcomes. Participants’ responses fell into one of …
How To Help Your Community Recover From Disaster: A Manual For Planning And Action, 2009 National-Louis University
How To Help Your Community Recover From Disaster: A Manual For Planning And Action, Judah J. Viola,
Judah J. Viola, Ph.D.
No abstract provided.
Reading List On Nonprofit-Business Partnerships, 2009 University of Kent at Canterbury - U.K.
Reading List On Nonprofit-Business Partnerships, Maria May Seitanidi
Maria May Seitanidi
This is a reading list for those interested to pursue research on nonprofit-business partnerships
Should Income Transfers Be Targeted Or Universal? Insights From Public Pension Influences On Elderly Mortality In Canada, 1921–1966, 2009 University of Calgary
Should Income Transfers Be Targeted Or Universal? Insights From Public Pension Influences On Elderly Mortality In Canada, 1921–1966, Jesse A. Matheson, J.C. Herbert Emery
Jesse A Matheson
Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, 2009 Chapman University School of Law
Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan
Donald J. Kochan
Black Tuesday in October 1929 marked a major crisis in American history. As we face current economic woes, it is appropriate to recall not only the event but also reflect on how it altered the legal landscape and the change it precipitated in the acceptance of governmental intervention into the marketplace. Perceived or real crises can cause us to dance between free markets and regulatory power. Much like the events of 1929, current financial concerns have led to new, unprecedented governmental intervention into the private sector. This Article seeks caution, on the basis of history, arguing that fear and crisis …