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Articles 1 - 10 of 10
Full-Text Articles in Law
The Challenge To Financial Regulators Posed By Social Security Privatization, Roberta S. Karmel
The Challenge To Financial Regulators Posed By Social Security Privatization, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
State Discretion Under New Federal Welfare Legislation: Illusion, Reality, And A Federalism-Based Constitutional Challenge, S. Candice Hoke
State Discretion Under New Federal Welfare Legislation: Illusion, Reality, And A Federalism-Based Constitutional Challenge, S. Candice Hoke
Law Faculty Articles and Essays
This article challenges the common characterization of the 1996 welfare reforms. States do not have the ability to do “almost anything they want.” Most notably, states with more compassionate political leadership who wish to counter the national trend may seek areas of flexibility in vain. The Act's mandates and penalties will force all states into particular policies that they may not have chosen had Edelman been correct about the range of their discretionary powers.Edelman's critique typifies the standard assessment of the Act. According to the prevailing view, the Act's policies are objectionable because the federal government has capped the money …
The Brady Act: Shot Down By The Tenth Amendment, Patricia A. Rooney
The Brady Act: Shot Down By The Tenth Amendment, Patricia A. Rooney
Scholarly Works
No abstract provided.
Immanence And Identity: Understanding Poverty Through Law And Society Research, Frank W. Munger
Immanence And Identity: Understanding Poverty Through Law And Society Research, Frank W. Munger
Articles & Chapters
No abstract provided.
Three Generations Of Welfare Mothers Are Enough: A Disturbing Return To Eugenics In The Recent "Workfare" Law, Nicole Huberfeld
Three Generations Of Welfare Mothers Are Enough: A Disturbing Return To Eugenics In The Recent "Workfare" Law, Nicole Huberfeld
Law Faculty Scholarly Articles
In this Article, Nicole Huberfeld examines recent changes in the welfare system, and considers whether these changes are consistent with the stated goals of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Turning to the history of “workfare,” Huberfeld reveals parallels between the reasoning of its proponents, and that of eugenicists. She argues that workfare mirrors eugenics theory because its proponents are imposing particular white, middleclass values upon the poor as a condition to providing them benefits: Through her comparison of workfare and eugenics, Huberfeld cautions against legislation that seeks to regulate the private conduct and personal decisions …
The Ban On Welfare For Felony Drug Offenders: Giving A New Meaning To 'Life Sentence', Cynthia Godsoe
The Ban On Welfare For Felony Drug Offenders: Giving A New Meaning To 'Life Sentence', Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Migration As International Trade: The Economic Gains From The Liberalized Movement Of Labor, Howard F. Chang
Migration As International Trade: The Economic Gains From The Liberalized Movement Of Labor, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Buying Time For Survivors Of Domestic Violence: A Proposal For Implementing An Exception To Welfare Time Limits, Jennifer Mason Mcaward
Buying Time For Survivors Of Domestic Violence: A Proposal For Implementing An Exception To Welfare Time Limits, Jennifer Mason Mcaward
Journal Articles
With the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Personal Responsibility Act), states have unprecedented discretion in fashioning their social welfare programs.
This Note examines the Personal Responsibility Act, focusing specifically on the statutory language and history of the sixty-month time limit on receipt of benefits and the two optional exceptions states may enact. This examination reveals that the Act contemplates that states have both the power and the support of Congress and the Department of Health and Human Services to implement exceptions for the benefit of survivors of domestic violence.
Given that states may …
Sources Of Commitment To Social Justice, Dorothy E. Roberts
Sources Of Commitment To Social Justice, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Medicaid Managed Care And Disability Discrimination Issues, Mary Crossley
Medicaid Managed Care And Disability Discrimination Issues, Mary Crossley
Articles
This article examines issues potentially raised under the Americans with Disabilities Act (ADA) by states' decisions whether and how to include disabled Medicaid recipients in the massive shift towards Medicaid managed care. Part II briefly examines the special issues that disabled Medicaid recipients pose with respect to managed care enrollment. These include issues of cost, quality, access, and program design and implementation. Part III describes various approaches that state programs have taken or are proposing to take with respect to the enrollment of disabled Medicaid recipients in managed care. These approaches range from simply excluding the SSI population from managed …