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Full-Text Articles in Law
Terminating Social Security Disability Benefits: Another Burden For The Disabled?, Beth S. Glassman
Terminating Social Security Disability Benefits: Another Burden For The Disabled?, Beth S. Glassman
Fordham Urban Law Journal
Recent legislation has led to removal of more than 374,000 individuals from the Social Security disability rolls. After a study indicated that a significant percentage of beneficiaries were not actually entitled to Social Security disability payments, the Act was amended to provide for mandatory and frequent review of nearly all individuals on disability, resulting in the rise in removals. Removing large numbers of disabled individuals from the disability rolls shifts the responsibility for their care from the federal to the municipal level. While circuits do not have a unified view of the burden of proof in disability benefit termination proceedings, …
The Federal Judiciary's Role In The Prevention Of Communicable Diseases In State Prisons , Anthony L. Paccione
The Federal Judiciary's Role In The Prevention Of Communicable Diseases In State Prisons , Anthony L. Paccione
Fordham Urban Law Journal
Control over the spread of communicable diseases in prisons is a particularly important goal. The prison setting compounded with the high incidence of disease among entering inmates creates a potent combination for the spread of communicable diseases, such as AIDS and tuberculosis. Insufficient state legislation and unresponsive prison administrators have forced prisoners to seek federal judicial relief. However, federal courts have been reluctant to intervene due to the state interests of federalism and separation of powers. The prohibition against cruel and unusual punishment is not limited to specific acts directed at selected individuals, but is equally applicable to general prison …