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Articles 1 - 30 of 46
Full-Text Articles in Law
Civil War Pension Attorneys And Disability Politics, Peter Blanck, Chen Song
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 …
Westside Mothers And Medicaid: Will This Mean The End Of Private Enforcement Of Federal Funding Conditions Using Section 1983?, Michael A. Platt
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.
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
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 neglect and poverty. …
Bush Dangles Wedding Bells As The Proverbial Carrot, Jessica Baker
Bush Dangles Wedding Bells As The Proverbial Carrot, Jessica Baker
Buffalo Women's Law Journal
No abstract provided.
Social Security: The Broader Issues, C. Eugene Steuerle
Social Security: The Broader Issues, C. Eugene Steuerle
Washington and Lee Law Review
No abstract provided.
The Goals Of Social Security Reform, Edward M. Gramlich
The Goals Of Social Security Reform, Edward M. Gramlich
Washington and Lee Law Review
No abstract provided.
Privatizing Social Security: Administration And Implementation, Karen C. Burke, Grayson M.P. Mccouch
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
Erisa Protections Provide Guidance For Social Security Privatization, Ian D. Lanoff, Roberta J. Ufford
Washington and Lee Law Review
No abstract provided.
Social Security: Can The Promise Be Kept? An Introduction, Maureen B. Cavanaugh
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
Social Security Reform Issues, Craig Copeland
Washington and Lee Law Review
No abstract provided.
The Effects Of Partial Privatization Of Social Security Upon Private Pensions, Kathryn L. Moore
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
Privatization: Not The Answer For Social Security Reform, Regina T. Jefferson
Washington and Lee Law Review
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
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.
Employment Law In A Changing Workplace, Katherine V.W. Stone
Employment Law In A Changing Workplace, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.
Raising The Social Security Retirement Ages: Weighing The Costs And Benefits, Kathryn L. Moore
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 but would …
Legal Accountability In An Era Of Privatized Welfare, Michele E. Gilman
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
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
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
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
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 …
Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts
Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
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 Difference …
Welfare, Children And Families: The Impact Of Welfare Reform In The New Economy, William Julius Wilson
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 he was …
Poverty & Welfare: Does Compassionate Conservatism Have A Heart?, Peter B. Edelman
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 Wisdom And Enforceability Of Welfare Rights As Constitutional Rights , Herman Schwartz
The Wisdom And Enforceability Of Welfare Rights As Constitutional Rights , Herman Schwartz
Human Rights Brief
No abstract provided.
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Faculty Scholarship
Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …
Privatizing Social Security, Jerry W. Markham
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 …
Pro Bono Publico Representation Of The Poor: The Good As Enemy Of The Best, Rob Atkinson
Pro Bono Publico Representation Of The Poor: The Good As Enemy Of The Best, Rob Atkinson
Scholarly Publications
No abstract provided.
Taking Care, Katherine M. Franke
Taking Care, Katherine M. Franke
Faculty Scholarship
Care must be taken when human needs are expressed in the odd dialect of legal rights. This delicate act of translation – from private need to public obligation – demands acute sensitivity to the ways in which public responsibility inaugurates a new and complex encounter with a broad array of public preferences that deprive dependent subjects of primary stewardship over the ways in which their needs are met. Both Martha Fineman and Joan Williams have taken on the difficult project of making the ethical and political case for transforming dependency and care – from private or domestic need to public …