Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Social Welfare Law

2001

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 45

Full-Text Articles in Law

Westside Mothers And Medicaid: Will This Mean The End Of Private Enforcement Of Federal Funding Conditions Using Section 1983?, Michael A. Platt Dec 2001

Westside Mothers And Medicaid: Will This Mean The End Of Private Enforcement Of Federal Funding Conditions Using Section 1983?, Michael A. Platt

American University Law Review

No abstract provided.


Civil War Pension Attorneys And Disability Politics, Peter Blanck, Chen Song Dec 2001

Civil War Pension Attorneys And Disability Politics, Peter Blanck, Chen Song

University of Michigan Journal of Law Reform

Professor Blanck and Dr. Song provide a detailed examination of the pension disability program established after the Civil War for Union Army Veterans. They use many original sources and perform several statistical analyses as the basis for their summary. They draw parallels between this disability program and the ADA, and they point out that current ADA plaintiffs encounter many of the same social, political and even scientific issues that Union Army veterans dealt with when applying for their disability pensions. The Article demonstrates that history can help predict the trends within, and evolution of the ADA--essentially leading to a better ...


Legislative And Judicial Solutions For Mental Health Parity: S. 543, Reasonable Accommodation, And An Individualized Remedy Under Title I Of The Ada, Keith Nelson Oct 2001

Legislative And Judicial Solutions For Mental Health Parity: S. 543, Reasonable Accommodation, And An Individualized Remedy Under Title I Of The Ada, Keith Nelson

American University Law Review

No abstract provided.


The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard Oct 2001

The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard

Osgoode Hall Law Journal

This article uses the Supreme Court of Canada's decision in G.(J.) v. New Brunswick to frame a discussion of the historical and ideological character of Canadian child welfare regimes on the nature and experience of women’s citizenship within the liberal political order and, in particular, within the current neo-liberal restructuring of welfare provision. The article also analyzes traditional understandings of the political character of child welfare in terms of state intervention and non-intervention, by placing the state ordering of parent-child relations in the context of larger issues of colonialism, gendered parenting discourses, and the linkage between child ...


Bush Dangles Wedding Bells As The Proverbial Carrot, Jessica Baker Sep 2001

Bush Dangles Wedding Bells As The Proverbial Carrot, Jessica Baker

Buffalo Women's Law Journal

No abstract provided.


Leverage, Linkage, And Leakage: Problems With The Private Pension System And How They Should Inform The Social Security Reform Debate, Norman P. Stein, Patricia E. Dilley Sep 2001

Leverage, Linkage, And Leakage: Problems With The Private Pension System And How They Should Inform The Social Security Reform Debate, Norman P. Stein, Patricia E. Dilley

Washington and Lee Law Review

No abstract provided.


Social Security: Can The Promise Be Kept? An Introduction, Maureen B. Cavanaugh Sep 2001

Social Security: Can The Promise Be Kept? An Introduction, Maureen B. Cavanaugh

Washington and Lee Law Review

No abstract provided.


Social Security Reform Issues, Craig Copeland Sep 2001

Social Security Reform Issues, Craig Copeland

Washington and Lee Law Review

No abstract provided.


The Goals Of Social Security Reform, Edward M. Gramlich Sep 2001

The Goals Of Social Security Reform, Edward M. Gramlich

Washington and Lee Law Review

No abstract provided.


The Effects Of Partial Privatization Of Social Security Upon Private Pensions, Kathryn L. Moore Sep 2001

The Effects Of Partial Privatization Of Social Security Upon Private Pensions, Kathryn L. Moore

Washington and Lee Law Review

No abstract provided.


Privatization: Not The Answer For Social Security Reform, Regina T. Jefferson Sep 2001

Privatization: Not The Answer For Social Security Reform, Regina T. Jefferson

Washington and Lee Law Review

No abstract provided.


Social Security: The Broader Issues, C. Eugene Steuerle Sep 2001

Social Security: The Broader Issues, C. Eugene Steuerle

Washington and Lee Law Review

No abstract provided.


Privatizing Social Security: Administration And Implementation, Karen C. Burke, Grayson M.P. Mccouch Sep 2001

Privatizing Social Security: Administration And Implementation, Karen C. Burke, Grayson M.P. Mccouch

Washington and Lee Law Review

No abstract provided.


Erisa Protections Provide Guidance For Social Security Privatization, Ian D. Lanoff, Roberta J. Ufford Sep 2001

Erisa Protections Provide Guidance For Social Security Privatization, Ian D. Lanoff, Roberta J. Ufford

Washington and Lee Law Review

No abstract provided.


Raising The Social Security Retirement Ages: Weighing The Costs And Benefits, Kathryn L. Moore Jul 2001

Raising The Social Security Retirement Ages: Weighing The Costs And Benefits, Kathryn L. Moore

Law Faculty Scholarly Articles

The Social Security program faces a long-term funding deficit. The Board of Trustees of the Federal Old-Age and Survivors and Disability Insurance ("OASDI") Trust Funds predicts that unless corrective action is taken, Social Security benefit payments will exceed dedicated tax revenues by the year 2015, and the Social Security program will become insolvent—unable to pay promised benefits in full-by the year 2037. As a result of this projected deficit, Social Security has become "a lightning rod for far reaching reform proposals."

Proposals range from "traditional" proposals that would maintain the basics of the program's revenue and benefit structure ...


Employment Law In A Changing Workplace, Katherine V.W. Stone Jul 2001

Employment Law In A Changing Workplace, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.


Legal Accountability In An Era Of Privatized Welfare, Michele E. Gilman May 2001

Legal Accountability In An Era Of Privatized Welfare, Michele E. Gilman

All Faculty Scholarship

When the federal welfare system was reformed in 1996, Congress devolved much of the authority over welfare delivery to the states and gave them the option of contracting out administration of their programs to private entities. Moreover, after welfare reform, enacted as the Personal Responsibility and Work Opportunity Reconciliation Act (PRA), welfare recipients are expected to work to receive benefits. This means that front-line workers must engage in intensive interpersonal counseling rather than simply confirm objective eligibility criteria and dispense checks. As a result, front-line workers have vastly increased discretion. When privatization is layered over this discretionary scheme, issues of ...


Florida's Foster Care System Fails Its Children, Timothy L. Arcaro Apr 2001

Florida's Foster Care System Fails Its Children, Timothy L. Arcaro

Faculty Scholarship

This article will attempt to draw attention to the pervasive problem of child sexual abuse in foster care by identifying circumstances that contribute to sexual victimization. Hopefully the discussion will illuminate the plight of child victims of sexual abuse and generate discourse on a new paradigm of protection initiatives for foster children. Part I of the article will explain child protection proceedings and how children enter the foster care system. Part II will describe common characteristics of state foster care systems. Part III will discuss traditional notions of child sexual abuse and their illusory application in the context of sexual ...


Drugged: Research And Policymakers Confronting Illicit And Illegal Drugs, Ibpp Editor Mar 2001

Drugged: Research And Policymakers Confronting Illicit And Illegal Drugs, Ibpp Editor

International Bulletin of Political Psychology

This article explores the application of research on policies towards illicit and illegal drugs.


Singled Out: A Critique Of The Representation Of Single Motherhood In Welfare Discourse, Parvin R. Huda Feb 2001

Singled Out: A Critique Of The Representation Of Single Motherhood In Welfare Discourse, Parvin R. Huda

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The New Psychological Contract: Implications Of The Changing Workplace For Labor And Employment Law, Katherine V.W. Stone Feb 2001

The New Psychological Contract: Implications Of The Changing Workplace For Labor And Employment Law, Katherine V.W. Stone

Cornell Law Faculty Publications

In this article, Professor Stone describes the profound changes that are occurring in the employment relationship in the United States. Firms are dismantling their internal labor markets and abandoning their implicit promises of orderly promotion and long-term job security. No longer is employment centered on a single, primary employer. Instead, employees operate in a boundaryless workplace in which they expect to move frequently between firms, and between divisions within firms, throughout their working lives. At the same time, employers and employees have a new understanding of their mutual obligations, a new psychological contract, in which expectations of job security and ...


Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz Jan 2001

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the ...


Welfare, Children And Families: The Impact Of Welfare Reform In The New Economy, William Julius Wilson Jan 2001

Welfare, Children And Families: The Impact Of Welfare Reform In The New Economy, William Julius Wilson

Philip A. Hart Memorial Lecture

In 2001, University Professor, William Julius Wilson of Harvard University, delivered the Georgetown Law Center’s twenty-first Annual Philip A. Hart Memorial Lecture: "Welfare, Children and Families: The Impact of Welfare Reform in the New Economy."

William Julius Wilson is Lewis P. and Linda L. Geyser University Professor at Harvard University. He is one of only 20 University Professors, the highest professional distinction for a Harvard faculty member. After receiving the Ph.D. from Washington State University in 1966, Wilson taught sociology at the University of Massachusetts at Amherst, before joining the University of Chicago faculty in 1972. In 1990 ...


Poverty & Welfare: Does Compassionate Conservatism Have A Heart?, Peter B. Edelman Jan 2001

Poverty & Welfare: Does Compassionate Conservatism Have A Heart?, Peter B. Edelman

Georgetown Law Faculty Lectures and Appearances

I am honored to deliver a lecture in memory of Edward Sobota, especially because such distinguished speakers have preceded me.

Our question here is: does compassionate conservatism have a heart? Almost five years have passed since the 1996 welfare law was enacted. So, we might ask, where are we and where are we going, and even more to the point, what are the prospects for better policy and outcomes on poverty generally? One American child in six is still poor, and the number of families in economic difficulty is much larger than that. That is the context in which we ...


The Making Of A Courtroom: Landlord-Tenant Trials In Philadelphia's Municipal Court, David Latham Eldridge Jan 2001

The Making Of A Courtroom: Landlord-Tenant Trials In Philadelphia's Municipal Court, David Latham Eldridge

Publicly Accessible Penn Dissertations

This dissertation analyzes Philadelphia's Landlord-Tenant Court (L-T Court) within organizational and policy contexts. It identifies the factors that influence the outcome of private landlord-tenant trials, describes people's experience of the courtroom from multiple perspectives, and analyzes the Municipal Court's intraorganizational and interorganizational dynamics that inform L-T Court's behavior. Housing courts have been mandated to prevent the deterioration of existing housing stock by protecting landlords' property rights and tenants' rights to a habitable dwelling. Landlords have long had the right to receive rent and to hold tenants responsible for property damage; recent changes in landlord-tenant law have ...


The Wisdom And Enforceability Of Welfare Rights As Constitutional Rights , Herman Schwartz Jan 2001

The Wisdom And Enforceability Of Welfare Rights As Constitutional Rights , Herman Schwartz

Human Rights Brief

No abstract provided.


Privatizing Social Security, Jerry W. Markham Jan 2001

Privatizing Social Security, Jerry W. Markham

Faculty Publications

The 2000 presidential election focused attention on an idea that has been surfacing for some time--the privatization of Social Security. Although opposition remains fierce, proposals for privatization have been gradually gaining acceptance as the inadequacy of benefits from the present system become more apparent, and bankruptcy becomes certain in the absence of additional onerous funding. Resistance to privatization largely centers on concerns that existing participants will lose their contributions and that private accounts may result in investment losses, which would leave future pensioners penniless. The disability and survivor benefits of the present Social Security system also raise concerns for the ...


The Effects Of Partial Privatization Of Social Security Upon Private Pensions, Kathryn L. Moore Jan 2001

The Effects Of Partial Privatization Of Social Security Upon Private Pensions, Kathryn L. Moore

Law Faculty Scholarly Articles

Social Security does not provide retirement income in a vacuum. Rather, commentators often refer to our national retirement income system as a three legged stool, with Social Security representing one of the legs and employer sponsored pension plans and individual savings representing the other two legs. Because changes in one leg of the stool are likely to have a direct impact on the other two legs, policymakers must not consider Social Security changes in isolation, but should take account of their effect on employer-sponsored pensions and individual savings. This Article analyzes how one of the most popular proposals, partial privatization ...


Weaving A Safety Net: Poor Women, Welfare, And Work In The Chicken And Catfish Industries, Sherrilyn A. Ifill Jan 2001

Weaving A Safety Net: Poor Women, Welfare, And Work In The Chicken And Catfish Industries, Sherrilyn A. Ifill

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Pro Bono Publico Representation Of The Poor: The Good As Enemy Of The Best, Rob Atkinson Jan 2001

Pro Bono Publico Representation Of The Poor: The Good As Enemy Of The Best, Rob Atkinson

Scholarly Publications

No abstract provided.