Law Commons^™

The Pension Game: Age- And Gender-Based Inequities In The Retirement System, Camilla E. Watson

Scholarly Works

This Article begins by stressing the importance of retirement benefits in general and employer-provided benefits in particular. It then addresses specific current issues of age and gender discrimination under both the private retirement and Social Security systems. Gender-based discrimination is emphasized because of the overlap between gender-based discrimination and age discrimination. Finally, this Article suggests specific reforms for a fairer and more adequate systems in the twenty-first century.

The Limits Of Social Policy, Cary Coglianese

All Faculty Scholarship

No abstract provided.

Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen

University of Michigan Journal of Law Reform

Several authorities in the field of estate planning have examined in great detail the options currently available to the parents of disabled children. The options are limited. Ideally, laws should address the concerns of the families of disabled children while providing those families with the incentive to help bear the financial costs of providing for their children. New legislation is needed to achieve this dual objective. This legislation must establish a method by which parents can improve meaningfully the quality of a surviving disabled child's life without substantially increasing the social cost of supporting that disabled child. This Article proposes …

Solving The Dilemma Of Work Incentives Under The Social Security Disability & Supplemental Security Income Programs, David S. Whalen

In the Public Interest

No abstract provided.

Homelessness: A Historical Perspective On Modern Legislation, Mark Peters

Michigan Law Review

This Note will demonstrate how current legislative responses to homelessness are bound and crippled by the social reform theories of the nineteenth and early twentieth centuries. Before legislators can devise more efficient remedies to tackle current problems, they must identify and transcend earlier, ineffective thinking. This requires viewing the homelessness problem· in historical perspective. Specifically, legislatures must (1) examine the origins of the legal system's underlying conceptions about homelessness, (2) understand how these conceptions undermined earlier legislation designed to deal with the crisis, and (3) isolate, and escape, the modem manifestations of these conceptions.

This Note examines the early twentieth …

Vi. Government Benefits

Washington and Lee Law Review

No abstract provided.

Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy

BYU Law Review

No abstract provided.

Legal Aid, Public Service And Clinical Legal Education: Future Directions From India And The United States, Frank S. Bloch, Iqbal S. Ishar

Michigan Journal of International Law

In this article, the legal aid traditions and broader public service agendas of clinical legal education in both countries are explored. These sections are followed by a comparison of the legal aid and public service components of the clinical curriculum in the two countries. It is observed that while clinical programs in the United States have tended to shift their focus away from legal aid and public service goals to broader academic and educational goals consistent with the integration of clinical legal education into the law school mainstream, clinical programs in India have remained firmly rooted in and closely tied …

Improving Substance Abuse Treatment For Women, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

Alcohol and other drug use among women of child-bearing age has increased dramatically, and, as a result, more pregnant women are faced with alcohol and other drug problems. The only known national estimate suggests that 11 percent of pregnant women used illegal drugs during their pregnancy. Although pregnant crack-addicted women have received the most media attention, the problem is no less serious for alcohol and other drugs.

Alcohol and other drug use during pregnancy has negative physical and psychological consequences for both the mother and the child. Alcoholic mothers are at risk of having infants with fetal alcohol syndrome, which …

The Rule Of Law And The Two Realms Of Welfare Administration, William H. Simon

Faculty Scholarship

Although it was not the first case in which the Supreme Court upheld a welfare claim, Goldberg v. Kelly is often thought of as the case that extended the rule of law to the welfare system. In doing so, it repudiated the "right/privilege" distinction that would confine procedural protections of economic interests to private law claims.

But Goldberg did not challenge basic assumptions about the nature of procedural fairness that the legal culture had developed principally in connection with private law claims. Its conception of fairness focused on claims initiated by individuals for relief for themselves, and on an adjudicatory …

Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar

Articles

In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.

Meeting The Diverse Needs Of The Poor, David T. Link, Harry Specht, Gregory Evans

Journal Articles

Forums such as this develop our understanding of current efforts to bring about positive change for America's poor. The Journal's compilation and dissemination of important, thoughtful essays on poverty is laudable.

The one thing that is clear about the poor and the homeless is that their problems are multi-faceted. No one theory or group can provide all the solutions. People are poor and homeless for a wide variety of reasons, and they need different kinds of help. Providing more income assistance will not cure poverty, and providing more housing will not remedy homelessness. Neither the public nor the private sector …