Digital Commons Network^™

Rural America Is Still Technologically Behind: Why It Matters Now More Than Ever, Paul Force-Emery Mackie

Social Work Department Publications

No abstract provided.

Punishment By Another Name? The Welfare State’S Disciplinary Role In The United States And Britain, Kavya Padmanabhan

The Journal of Sociology & Social Welfare

Scholarship on the changing nature of the welfare state in both the United States and in Britain has revealed how the influence of neoliberal ideologies has heightened the experience of punishment for poor mothers. Through a comparative literature review on the welfare states in the United States and in Britain, this article builds upon prior research to consider how the welfare state’s contemporary focus on discipline may be the product of neo- liberalism and may encourage similarities across different contexts. Furthermore, this article considers how the welfare state’s different agencies may be united in their goals and treatment of poor …

Livelihood And Happiness In A Resource (Natural And Cultural)-Rich Rural Municipality In The Philippines, Rosalina Palanca-Tan, Sheila Bayog

Economics Department Faculty Publications

This paper looks at the economic and welfare conditions of residents in Lake Sebu, a largely rural but natural and cultural resource-rich municipality in Southern Mindanao in the Philippines. Two notions of welfare are used in the study: economic welfare, measured in terms of household income and vulnerability to hunger; and social welfare, measured in terms of self-reported happiness. The study uses primary data collected through a household survey and analyzed with statistical and econometric procedures (tests of difference between sub-populations; and ordinary least squares, binary probit, and ordered logistic regressions). The results suggest mixed implications of abundant natural and …

Mediating Effects Of Foster Care Experiences On Employment And Educational Outcomes In Aged Out Former Foster Youth, John Campbell

FIU Electronic Theses and Dissertations

The economic well-being outcomes of youth who are removed from foster care status due to reaching the age of ineligibility (i.e., age out) is an important issue in public health and social work. This study investigated the interrelation between simultaneously embodying both a sex and race/ethnicity (i.e., intersectional identity), circumstances experienced through age 19 (i.e., foster care experiences), and economic well-being indicators at age 21, using secondary administrative data from a 4-year longitudinal study (N = 4657). In terms of intersectional identity, findings indicated that intersectional identity was directly related to employment and postsecondary education outcomes. In terms of foster …

Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani

All Faculty Scholarship

This essay reviews Nate Holdren's Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era (Cambridge University Press, 2020), which explores the changes in legal imagination that accompanied the rise of workers' compensation programs. The essay foregrounds Holdren’s insights about disability. Injury Impoverished illustrates the meaning and material consequences that the law has given to work-related impairments over time and documents the naturalization of disability-based exclusion from the formal labor market. In the present day, with so many social benefits tied to employment, this exclusion is particularly troubling.

Homeless And Helpless: How The United States Has Failed Those With Severe And Persistent Mental Illness, Ashley Gorfido

Journal of Law and Health

The United States has failed its citizens who suffer from severe and persistent mental illness (SPMI). Homelessness is one of the most obvious manifestations of this failure. The combination of a lack of effective treatment, inadequate entitlement programs such as Social Security Disability Insurance (SSDI), and subpar housing options form systemic barriers that prevent people suffering from mental illness from being able to obtain adequate housing. Cultural beliefs within the United States regarding who is homeless and what homelessness means also play a significant role in the development of positively impactful social welfare programs.

Part II of this Note reviews …

The Law And Economics Of Redistribution, Matthew Dimick

Journal Articles

Should legal rules be used to redistribute income? Or should income taxation be the exclusive means for reducing income inequality? This article reviews the legal scholarship on this question. First, it traces how the most widely cited argument in favor of using taxes exclusively--Kaplow & Shavell's (1994) double-distortion argument--evolved from previous debates about whether legal rules could even be redistributive and whether law and economics should be concerned exclusively with efficiency or with distribution as well. Next, it surveys the responses to the double-distortion argument. These responses appear to have had only limited success in challenging the sturdy reputation of …

The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton Phd, Shannon L. Dick M.S.

Dr. Debra Bolton

This multi-lingual/multi-cultural study was called, Community Assets Processt, by the groups that “commissioned” it: Finnup Foundation, Finney County K-State Research & Extension, Western Kansas Community Foundation, Finney County United Way, Finney County Health Department, United Methodist Community Health Center (UMMAM), Center for Children and Families, Garden City Recreation Commission, and the Garden City Cultural Relations Board, because we intend for this to be an ongoing discussion. An objective, for those promoting the study, was to connect foundation, state, and federal funding with activities or services that addressed the true needs of people living in Finney County. The group was looking …

Congregations In The Community: A Case Study Of Social Welfare Provision, Sarah B. Garlington

The Journal of Sociology & Social Welfare

A complex mix of community and government activities address social welfare needs. Even with structural changes, communities are active in assessing and providing for their own members’ needs, though in widely variable forms. Religious organizations are key in community social welfare. This project investigates the role of religion in social welfare provision at the local community level. Examining religion’s participation contributes to the understanding of religion’s role in the public sphere as moral commentator, contributor to the common good, and identity legitimation. This article uses a functionalist theoretical framework and case study data to discuss congregations and social welfare provision.

Social Work In The Black Community: A Collective Response To Contemporary Unrest, Stephenie Howard

The Journal of Sociology & Social Welfare

The frequent outpour of civil unrest in the Black community in response to instances of social injustice is a manifestation of outrage and exhaustion with systems that perpetuate socioeconomic disparities and human rights violations in this community. Lessons learned from historical practices of social work in the Black community may enhance the potential of contemporary social workers to shepherd this social consciousness into sustained social change. Toward this goal, this paper will synthesize and juxtapose the parallel paths taken by early Black social workers and their majority counterparts. This paper will also identify strategies for integrating the legacy of early …

The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton Phd, Shannon L. Dick M.S.

NPP eBooks

This multi-lingual/multi-cultural study was called, Community Assets Processt, by the groups that “commissioned” it: Finnup Foundation, Finney County K-State Research & Extension, Western Kansas Community Foundation, Finney County United Way, Finney County Health Department, United Methodist Community Health Center (UMMAM), Center for Children and Families, Garden City Recreation Commission, and the Garden City Cultural Relations Board, because we intend for this to be an ongoing discussion.

An objective, for those promoting the study, was to connect foundation, state, and federal funding with activities or services that addressed the true needs of people living in Finney County. The group was looking …

Hsisp Annotated Bibliography: Moral & Character Education (1998-2013), Erich Yahner

Erich Yahner

No abstract provided.

An Evaluation Of Youth In(Vol)Ved: Impact On Participants' Attitudes Toward Volunteerism, Kelsey G. Steines

Honors Program Projects

Youth In(VOL)ved is an 8 week youth volunteer program directed by the Grant Wood Area American Red Cross, which is located in Cedar Rapids, Iowa. The purpose of the program is to contribute to the American Red Cross’ goal of motivating and recruiting a new generation of volunteers, which supports the organization’s mission of alleviating human suffering in the face of emergencies. This paper examines the impact of Youth In(VOL)ved on participants’ attitudes toward volunteerism, which is information that can be used by the American Red Cross to apply for grant funding and to improve the program in future years. …

The Feminization Of Social Welfare: Implications Of Cultural Tradition Vis-À-Vis Male Victims Of Domestic Violence, Ronald E. Hall

The Journal of Sociology & Social Welfare

As pertains to feminization of social welfare, the inability to acknowledge male victims of domestic violence is attributed less to personal preference and more to cultural traditions of the Western patriarch. Yet, according to scholarly literature, men in the U.S. are equally as likely to be the victims of domestic violence by women as are women by men. Solutions to cultural tradition aimed at eliminating male victims of domestic violence must necessarily begin with acknowledgement of the characteristic warning signs and symptoms. Moving beyond the feminization of social welfare as pertains to domestic violence can be accomplished by the recognition …

The Construction Of Wellbeing For Solo Mothers: An Exploration Of The Relationship Between Work, Welfare, Social Justice And Wellbeing For Solo Mothers, Kathryn M. Russell

Theses: Doctorates and Masters

Using a sequential transformative mixed methods approach prioritising qualitative data, the construction of subjective wellbeing of Australian solo mothers was explored in relation to work, welfare and social justice. A purposive sample of 73 solo mothers was recruited for the quantitative part of the study and 15 solo mothers were selected from the sample to interview for the qualitative component. The study was undertaken on a background of welfare reform announced in the Federal Budget for 2005-2006 with changes taking effect from July 1, 2006 affecting many solo mothers with young children. Initial analyses of data obtained through the Personal …

Foreword: In Berle’S Footsteps, Charles R.T. O'Kelley

Seattle University Law Review

On the weekend of November 6–8, 2009, scholars from around the world gathered in Seattle for a symposium—In Berle’s Footsteps—celebrating the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. As founding director of the Berle Center, I described our undertaking: “It is with a profound sense of obligation to the legacy that has been entrusted to my care, that I announce the launching of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. It is a privilege to follow in Berle’s footsteps.”

Opening Remarks, Chancellor William B. Chandler Iii

Seattle University Law Review

Law is, in many ways, a backwards-looking field. We litigate over facts that have already occurred, challenge deals that have already been signed, and apply rules of decision based on previously-established precedent or statutes already enacted. To the extent that this Center and the symposium reflect on Berle’s work, they too are an exercise in looking back. Indeed, some might say the establishment of a Center named in Berle’s honor is a monument to the past.

Securities Intermediaries And The Separation Of Ownership From Control, Jill E. Fisch

Seattle University Law Review

The Modern Corporation & Private Property is a paradigm-shifting analysis of the modern corporation. The book is perhaps best known for the insights of Berle and Means about the separation of ownership from control and the consequences of that separation for the allocation of power within the corporation. The Berle and Means story focuses on the shareholder as the owner of the corporation. Berle and Means saw the mechanism of centralized management—in which the shareholder retains the economic interest but not the control rights associated with ownership—as threatening the conception of shareholder interests in terms of property rights. In particular, …

Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii

Seattle University Law Review

In <em>The Modern Corporation and Private Property</em>, Adolf Berle and Gardiner Means would use AT&T as a prime example of what they saw as a dangerous new trend, the replacement of ownership-based capitalism with giant corporations controlled by a small group of propertyless managers. Indeed, AT&T became Berle and Means’ favorite example. . . . As we shall see, however, the claim that AT&T was a leading example of the separation of ownership from management is incomplete. More importantly, the common interpretation of Berle and Means’ work is mistaken, placing the emphasis incorrectly on the number of shareholders and reading …

The Modern Corporation As Social Construction, Mark S. Mizruchi, Daniel Hirschman

Seattle University Law Review

Classic works, Mark Mizruchi and Lisa Fein argued, share a particular fate. Authors often cite classic works without reading them—or without reading them carefully. . . . Yet perhaps no single work fits the above description better than one of the most important books on the large corporation ever published: Adolf Berle and Gardiner Means’s The Modern Corporation and Private Property. One can speculate that few works in the social sciences have been as often cited and as little read. As a consequence, we would expect The Modern Corporation to be a good candidate for either selective interpretation or …

Berle And The Entrepreneur, Charles R.T. O'Kelley

Seattle University Law Review

In the first and last four chapters (“the Five Chapters”) of The Modern Corporation and Private Property, Adolf Berle, Jr. describes in sweeping terms a fundamental transformation of the American economy. . . . Writing more than ten years before Berle, another seminal scholar, Frank Knight . . . developed a theory of the entrepreneur as part of his larger effort to more carefully explain the theoretical underpinnings of a free-market economy. . . . Given Knight’s prominence and the fact that Knight apparently reached dramatically different conclusions than did Berle concerning the consequences flowing from separation of ownership …

Revisiting Berle And Rethinking The Corporate Structure, Kelli A. Alces

Seattle University Law Review

Adolf Berle and Gardiner Means painted what remains a defining portrait of corporate law. The separation of ownership and control they described and the agency costs it causes are still a central concern of the law of corporate governance. For that reason, Berle’s work is relevant nearly eighty years after its publication. Seemingly forgotten, however, is that Berle’s enduring description of the corporate structure was published before most of today’s corporate law was in place. His work preceded the Securities Act of 1933 and the Securities Exchange Act of 1934 and even preceded the dominance of Delaware common law in …

Monitoring To Reduce Agency Costs: Examining The Behavior Of Independent And Non-Independent Boards, Anita Anand, Frank Milne, Lynnette Purda

Seattle University Law Review

Berle and Means’s analysis of the corporation—in particular, their view that those in control are not the owners of the corporation—raises questions about actions that corporations take to counter concerns regarding management’s influence. What mechanisms, if any, do corporations implement to balance the distribution of power in the corporation? To address this question, we analyze boards of directors’ propensity to voluntarily adopt recommended corporate governance practices. Because board independence is one way to enhance shareholders’ ability to monitor management, we probe whether firms with independent boards of directors (which we define as boards with either an independent chair or a …

Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao

Seattle University Law Review

We are in a time when the notion of property is in flux. The derivatives revolution has shattered the “atom of property” well beyond what was originally imagined in 1932 by Adolf Berle and Gardiner Means. This disaggregation has had fascinating, and often adverse, effects on corporate law and securities regulation. Moreover, the phenomenon has had the unexpected effect of permitting some parties that already possess considerable social, economic, and political power to accumulate even more.

The New Financial Assets: Separating Ownership From Control, Tamar Frankel

Seattle University Law Review

In The Modern Corporation and Private Property, Adolf A. Berle and Gardiner Means wrote about the separation of ownership from control in corporations. They noted that the interests of the controlling directors and managers can diverge from those of the shareholder owners of the firm. . . . There are those who consider such a decoupling beneficial. Others express the same concern that Berle and Means have expressed. And depending on what one focuses on in viewing the pluses and minuses of these separations, one could reach different conclusions. I reach a number of conclusions. First, the separation of …

Enumerating Old Themes? Berle’S Concept Of Ownership And The Historical Development Of English Company Law In Context, Lorraine E. Talbot

Seattle University Law Review

This paper offers some tentative suggestions as to why Berle’s work has been read and interpreted so selectively in the United Kingdom. I suggest that this must be partly attributable to the historical developments in English company law that entrenched the notion of shareholder ownership claims. Specifically, unincorporated associations’ normative values—that members are owners and there is no distinction between small organizations with no share dispersal and large organizations with wide share dispersal—have a continuing influence on this entrenched notion of shareholder ownership claims. First, I provide an overview of the origins of English company law. Next, I address how …

Berle’S Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, Claire Hill, Richard Painter

Seattle University Law Review

This essay, published in a symposium on the work of Adolf Berle, approaches the Berle-Dodd debate from the perspective that corporate managers have responsibilities beyond pursuing the interests of shareholders. Stock based executive compensation, designed to align managers’ interests with those of shareholders, has, in the investment banking industry in particular, failed to avert, and may have caused, managers (in this case, bankers) to take excessive risks that in the present financial crisis inflicted great damage on creditors and on society as a whole. We describe here the broad outlines of a proposal that we will discuss in future publications …

The Birth Of Corporate Governance, Harwell Wells

Seattle University Law Review

Part I of this Article briefly examines the concept of “corporate governance” and argues for dating the concept’s origins to the debates of the 1920s. Part II then moves on to examine early scholarly and popular discussions of the separation of ownership and control. After surveying the historical developments that produced the recognizably modern corporate economy around the turn of the century, it examines early scholarly and popular discussions of the separation of ownership and control, focusing on three major thinkers, Louis D. Brandeis, Walter Lippmann, and Thorstein Veblen. It argues that, while each of these authors examined the separation …

Tracking Berle’S Footsteps: The Trail Of The Modern Corporation’S Last Chapter, William W. Bratton, Michael L. Wachter

Seattle University Law Review

Readers game enough to work through all three hundred pages of The Modern Corporation and Private Property looking for insights on corporate law today encounter two, apparently contradictory, lines of thought. One line, set out in Books II and III, resonates comfortably with today’s shareholder-centered corporate legal theory. Here the book teaches that even as ownership and control have separated, managers should function as trustees for the shareholders and so should exercise their wide-ranging powers for the shareholders’ benefit. The other line of thought emerges in Books I and IV, where The Modern Corporation encases this shareholder trust model in …

See No Evil? Revisiting Early Visions Of The Social Responsibility Of Business: Adolf A. Berle’S Contribution To Contemporary Conversations, Erika George

Seattle University Law Review

Much corporate legal scholarship considers such fact patterns as beyond the scope of the discipline’s core concerns. Yet, increasingly, questions are asked concerning the scale and scope of modern corporate power. This Article will challenge the conventional understanding of what the core discipline of corporate law should encompass and argues that the failure to focus on precisely these sorts of factual scenarios involving allegations of corporate complicity in human rights violations and environmental degradation is misguided and short-sighted.