Law Commons^™

The Pension Factor: Assessing The Role Of Defined Benefit Plans In Reducing Elder Hardships, Frank Porell, Beth Almeida

Frank Porell

Traditional defined benefit (DB) pension plans have long been an important source of income for elder households seeking to maintain a middle-class standard of living after a lifetime of work. Under traditional DB plans, retirees receive a guaranteed, regular stream of income after retirement that continues until death. The monthly pension benefit is typically based on years of service to the employer, age, and salary history. Retirees also have the option to elect a joint-and-survivor benefit, to ensure that pension payments continue to a surviving spouse. DB plan participation rates among private sector American workers have sharply decreased from about …

Estimating The Effects Of Changing Social Security Benefit Formulas, Gary S. Fields, Olivia S. Mitchell

Gary S Fields

[Excerpt] The U.S. Social Security system faces serious financial difficulties in both the short and the long run. The short-run problem is that the system has very meager financial reserves. In the long run—after the year 2010, when the post-World-War-II baby-boom generation reaches retirement age—the financial problems of Social Security will intensify because of population aging and the consequent decline in the ratio of workers to retirees.

These problems have led to proposed reforms aimed at assuring the financial stability of the system. The question addressed here is: what effects would these reforms have on three variables—retirement ages, retirement incomes, …

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …

Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos

Michael Diathesopoulos

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …

Moral Philosophy Meets Social Work, Frederic Reamer

Frederic G Reamer

In recent years, social workers have become increasingly aware of ethical dilemmas in practice. Beginning especially in the mid-to-late 1970s, social work's literature has included a steady stream of reflections on difficult moral choices involving conflicts among professional duties and obligations (Loewnberg and Dolgoff 1996; Congress 1998; Reamer 1998, 1999). To what extent do clients have the right to engage in self-harming behavior without interference? How should social workers allocate scarce or limited resources such as emergency services, shelter beds, funds, and even their own time? Is it ethically permissible for social workers to violate laws and regulations they believe …

Legal Experiences Of Women Survivors Of Domestic Violence: A Need For Policies That Address The Justice Gap, Kimberly Ann Puhala

Graduate Doctoral Dissertations

The problems associated with the civil legal system for women who have experienced domestic violence have been persistent over time and still exist today. The current sociopolitical context in this state frames access to civil legal services either through a means-tested (and underfunded) program (Civil Legal Assistance) or as a privately purchased market service. This leaves a limited amount of low- or no-cost alternatives, which creates a gap in services for those women whose income is too high to qualify for Civil Legal Assistance programs, yet too low to afford to hire a private attorney. This study examines this two-tiered …

Annual Review Of Social Partnerships Issue 6, Maria May Seitanidi

Maria May Seitanidi

This is the 6th Issue of the Annual Review of Social Partnerships previously known as the NPO-BUS Partnerships Bulletin.

Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos

Michael Diathesopoulos

The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …

Making Sense Of The New Financial Deal, David A. Skeel Jr.

All Faculty Scholarship

In this Essay, I assess the enactment and implications of the Dodd-Frank Act, Congress’s response to the 2008 financial crisis. To set the stage, I begin by very briefly reviewing the causes of the crisis. I then argue that the legislation has two very clear objectives. The first is to limit the risk of the shadow banking system by more carefully regulating the key instruments and institutions of contemporary finance. The second objective is to limit the damage in the event one of these giant institutions fails. While the new regulation of the instruments of contemporary finance—including clearing and exchange …

Pvip Transitional Peer Mentors, Douglas J. Henderson

DOUGLAS J HENDERSON

Project VETS Intervention Program (PVIP) – Hamilton County, Ohio In early 2010 Hamilton County, Ohio was chosen as the pilot site for a federally funded jail diversion intervention program – the project was named Project VETS Intervention Program (PVIP). The SAMHSA National Gains Center awarded the State of Ohio grant money as part of its second round of funding, which was aimed at helping the existing and increasing veteran criminally justice involved population, and their families, with a priority given to Operation Enduring Freedom/Operation Iraqi Freedom veterans who have suffered from Post Traumatic Stress Disorder (PTSD)/Traumatic Brain Injury (TBI). The …

Deadly Silence: An Assessment Of Emergency Alert Systems For Lincoln County, Georgia, Gretchen B. Keneson,

Georgia Journal of Public Policy

Rural counties have a predisposition to sustaining catastrophic losses during natural emergencies. These counties tend to have poorer economic conditions that exacerbate attempts at hazard mitigation. Emergency Alerts Systems (EAS) are the most efficient and effective ways to provide information of impending danger. This study will compare and contrast different EAS to determine which would accommodate the needs of a community. The most successful way for most counties to alert citizens is through the use of a combination of redundant systems. For pastoral Lincoln County, Georgia the optimal systems are an alert siren and auto call capabilities. Both of these …

Disability And The Persistence Of Poverty: Reconstructing Disability Allowances, Sagit Mor

Sagit Mor

Disability policy has always been deeply immersed in questions relating to the relationships between disability and poverty. Analysts have historically attempted to separate disability from poverty: these efforts began as early as the Poor Laws of eighteenth century England and, enhanced by the rise of the modern welfare state, they culminated in the enactment of the Americans with Disabilities Act and the 20 years that followed. In this article, I argue that it is time to reexamine the nexus between disability and poverty and attend to their co-constitutive relationships. I suggest a reconstructive reading of disability allowances as a locus …

The Splendid Isolation Revisited: Lessons From The History Of Veterans Benefits Before Judicial Review, James D. Ridgway

James D. Ridgway

The history of warfare is grittier and more complex than that portrayed by the jingoistic news reels of old. So too, the history of veterans benefits is much more checkered and conflicted than might be suggested by slogans welcoming home the nation’s heroes. Understanding the history and origins of a complex administrative area such as veterans law is vitally important to good practice and thoughtful scholarship. However, because attorneys were not involved in the system for generations while it evolved during two centuries without the oversight of judicial review, very few practitioners or scholars today have any direct experience with …

Public Health Bill Draft Requests - 2011 Nv Legislative Session, Nevada Institute For Children's Research And Policy Reports

Nevada Institute for Children's Research and Policy Reports

Public Health Bill Draft Requests - 2011 NV Legislative Session

2011 Legislative Briefing Book, Nevada Institute For Children’S Research And Policy, Unlv, School Of Community Health Sciences, Denise Tanata Ashby, Amanda Haboush, Stefanie Molicki, Tara Phebus, Kari Wolkwitz, Amie Fender

Nevada Institute for Children's Research and Policy Reports

The purpose of this Legislative Briefing Book is to provide a quick snapshot of some of the most pressing issues facing Nevada’s children in order to provide advocates and policymakers with a stepping stone in creating positive changes to improve the lives of Nevada’s children. While this book will not cover every issue facing our children, it is intended to highlight some of those where state policy may have an impact, covering issues in education, health, safety and security, and the juvenile justice system. Diligent efforts need to be made during the 2013 Legislative Session to improve policies, procedures and …

Katrina's Animal Legacy: The Pets Act, Marita Mike, Rebecca Mike, Clark J. Lee

Homeland Security Publications

This article discusses issues related to the federal Pets Evacuation and Transportation Standards Act of 2006 (PETS Act), which was signed into law in the aftermath of Hurricane Katrina. Issues discussed in this article include:

1. Various problems concerning animal evacuations and sheltering that Hurricane Katrina brought to light;
2. Provisions of the PETS Act and related laws and policies which were developed in response to the tragedies brought about by Hurricane Katrina; and
3. Strengths and weaknesses of the PETS Act and recommends next steps to improve implementation of the PETS Act.

Pledge Your Body For Your Bread: Welfare, Drug Testing, And The Inferior Fourth Amendment, Jordan C. Budd

Law Faculty Scholarship

Proposals to subject welfare recipients to periodic drug testing have emerged over the last three years as a significant legislative trend across the United States. Since 2007, over half of the states have considered bills requiring aid recipients to submit to invasive extraction procedures as an ongoing condition of public assistance. The vast majority of the legislation imposes testing without regard to suspected drug use, reflecting the implicit assumption that the poor are inherently predisposed to culpable conduct and thus may be subject to class-based intrusions that would be inarguably impermissible if inflicted on the less destitute. These proposals are …

Harsanyi 2.0, Matthew D. Adler

Faculty Scholarship

How should we make interpersonal comparisons of well-being levels and differences? One branch of welfare economics eschews such comparisons, which are seen as impossible or unknowable; normative evaluation is based upon criteria such as Pareto or Kaldor-Hicks efficiency that require no interpersonal comparability. A different branch of welfare economics, for example optimal tax theory, uses “social welfare functions” (SWFs) to compare social states and governmental policies. Interpersonally comparable utility numbers provide the input for SWFs. But this scholarly tradition has never adequately explained the basis for these numbers.

John Harsanyi, in his work on so-called “extended preferences,” advanced a fruitful …

The Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For Iowa, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Iowa’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

Examining Gender Stereotypes In New Work/Family Reconciliation Policies: The Creation Of A New Paradigm For Egalitarian Legislation, Rangita De Silva De Alwis

All Faculty Scholarship

No abstract provided.

The Rise And Fall Of The Implied Warranty Of Habitability, David A. Super

Georgetown Law Faculty Publications and Other Works

Growing concern about poverty in the late 1960s produced two sweeping legal revolutions. One gave welfare recipients rights against arbitrary eligibility rules and benefit terminations. The other gave low-income tenants recourse when landlords failed to repair their homes. The 1996 welfare law exposed the welfare rights revolution's frailty. Little noticed by legal scholars, the tenants' rights revolution also has failed, and for broadly similar reasons.

Withholding rent deliberately to challenge landlords' failure to repair is unduly risky for most tenants in ill-maintained dwellings: either moving to better housing is a better option or the risk of retaliation is too great. …

On Equality: The Anti-Interference Principle, Donald J. Kochan

Donald J. Kochan

This Essay introduces the “Anti-Interference Principle” – a new term on the meaning of equality, or at least one not yet so-named in the equality lexicon – as a necessary foundation for achieving the goal of true equality. Equality has a long-standing place in the discussion of politics and jurisprudence and remains a struggle of definition today. Rather than rehash the mass of scholarship, this Essay seeks to summarize the general equality concept, and propose that the legal discourse on equality center on a requirement that governmental power must protect and respect equal treatment and opportunity, unconstrained, not equal outcomes. …