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Full-Text Articles in Law
In Supreme Judgment Of The Poor: The Role Of The United States Supreme Court In Welfare Law And Policy, Bridgette Baldwin
In Supreme Judgment Of The Poor: The Role Of The United States Supreme Court In Welfare Law And Policy, Bridgette Baldwin
Faculty Scholarship
This Article examines the major Supreme Court rulings since the late 1960s that have directly addressed Aid to Families with Dependent Children (AFDC), commonly known as welfare. The Supreme Court decided cases, such as King v. Smith, Shapiro v. Thompson, and Goldberg v. Kelly, in favor of welfare recipients. The outcomes of these cases suggest that while the Supreme Court viewed welfare policy as a negotiation between federal and state governments, it reserved a special role for the judicial branch in protecting equal rights. The judicial understanding of the relationship between federal and state government power within welfare policy ranged …
Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey
Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey
Journal Articles
In the face of rising economic inequality and shrinking welfare protections, some scholars recently have revived interest in T.H. Marshall's theory of "social citizenship." That theory places economic rights alongside political and civil rights as fundamental to public well-being. But this social citizenship ideal stands against the prevailing neoliberal ("free market") ideology, which asserts that state abstention from economic protection generates societal well-being. Using the examples of AFDC and workers' compensation in the 1990s, I analyze how arguments about economic efficiency have worked to characterize social welfare programs as producers of public vice rather than public virtue. A close examination …