Law Commons^™

Essay: Torquemada And Unemployment Compensation Appeals, William W. Milligan

University of Michigan Journal of Law Reform

The premise of this Essay is that unemployment compensation appeals hearings take the form of inquests rather than follow the traditional adversarial model. Given this, the hearing officer carries a special burden of ensuring that due process is afforded. State review systems should structure the process so that the difference, along with the unique burden, is made explicit.

Are Non-English-Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider

University of Michigan Journal of Law Reform

This Article examines the need for interpreters and translated written materials in unemployment compensation programs for those claimants who do not read, understand, or speak English well or at all. Thousands of employable persons in the United States do not read, understand, or speak English. These persons may be unable to receive unemployment compensation benefits or may receive delayed benefits solely because they are unable to comprehend English. The authors examine how ten states with substantial populations of limited-English-proficient speakers have provided these persons access to their state's unemployment compensation programs. The authors find varying practices among the states in …

Due Process Implications Of Telephone Hearings: The Case For An Individualized Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer

University of Michigan Journal of Law Reform

As the executive branch shrinks and reduces expenditures, its adjudicative functions adjust to the new fiscal reality. Telephone hearings are, therefore, increasingly being used in order to control costs. This Article examines the impact of telephone hearings on the due process elements of unemployment compensation 'fair" hearings. The Authors review the applicable federal and state law and find that there is no absolute bar to using the telephone to conduct administrative hearings. They test the empirical effect of the telephone on hearings in California and Maine. Their analysis of hundreds of hearings indicates that parties to telephone hearings are less …

The Law And Politics Of The Enforcement Of Federal Standards For The Administration Of Unemployment Insurance Hearings, John C. Gray Jr., Jane Greengold Stevens

University of Michigan Journal of Law Reform

Unemployment insurance claimants are entitled to have state unemployment programs administered in accordance with federal standards, which include the provision of prompt and fair hearings for claimants if their applications for benefits are denied. Violations of these rights are widespread, but the United States Department of Labor's Unemployment Insurance Service has never brought a formal proceeding to enforce the federal standards of administration. This Article explains why enforcement of the federal standards is needed and why it has not been provided and suggests methods by which advocates for claimants can seek to enforce federal standards in the face of this …

Unemployment Compensation For Employees Of Educational Institutions: How State Courts Have Created Variations On Federally Mandated Statutory Language, Maribeth Wilt-Seibert

University of Michigan Journal of Law Reform

Over the past sixty years, Congress has enacted a system of unemployment insurance for workers who have become unemployed through no fault of their own. While the Social Security Act of 1935 created much of the statutory framework for this system of insurance, Congress did not include employees of educational institutions within its system of unemployment insurance until 1970, when it amended the Federal Unemployment Tax Act of 1954 (FUTA). Since Congress enacted those amendments, each of the fifty states has passed legislation that substantially conforms to the FUTA amendments. Yet, despite the uniformity of state statutory language, state appellate …

Interstate Claims: Their History And Their Challenges, Mark D. Esterle

University of Michigan Journal of Law Reform

This Article provides an overview of the cases and statutes relating to interstate claims for unemployment compensation. The author suggests that the current federal statutes and regulations are inadequate on the grounds that they are ambiguous, lead to inconsistent results in different states, and may fail to ensure due process in claims determinations. The author highlights these problems with regard to interstate fact finders, attorney representation, witness subpoenas, and access to judicial review. Finally, he points to regulations that cover interstate unemployment compensation claims by federal employees and military servicemembers as models for new regulations of uniform application.

Federal Law Requirements For The Federal-State Unemployment Compensation System: Interpretation And Application, Gerard Hildebrand

University of Michigan Journal of Law Reform

The benefits provided to states by federal unemployment compensation law are conditioned on meeting several requirements. This Article examines some of these requirements, how they came about, how the United States Department of Labor and the federal courts have interpreted them, and how conflicts between the states and the federal government have been resolved. The Article concludes that certain types of requirements work best within this federal-state system.

Public Policy And Private Lives: Social And Spatial Dimensions Of Women's Poverty And Welfare Policy In The United States, Ann R. Tickamyer

Kentucky Law Journal

No abstract provided.

How Charitable Organizations Influence Federal Tax Policy: "Rent-Seeking" Charities Or Virtuous Politicians?, Nancy J. Knauer

Nancy J. Knauer

Tax-exempt charitable organizations exert considerable influence over Congress, the Department of the Treasury, and the Internal Revenue Service in matters dealing with exemption from federal income tax and the tax deductibility of charitable contributions. This Article uses both public choice and public interest analysis to help identify various features of the charitable community and explain how exempt organizations weild political influence despite the restrictions placed on their activities under the tax code. Arguing that the influence of charitable organizations over tax policy can be explained from either a public choice or public interest vantage point, the Article concluds that the …

Introduction: Unemployment Compensation Eligibility, Cheryl A. Leanza

University of Michigan Journal of Law Reform

This Introduction will review the Symposium sessions which dealt with eligibility issues. Many of the statements made by the panel participants and audience members highlighted the contemporary problems of a system established over sixty years ago. Thus, this Introduction seeks to record the main points made during these sessions in an effort to contribute to the debate regarding reform of the unemployment compensation system.

Down And Out In Weslaco, Texas And Washington, D.C.: Race-Based Discrimination Against Farm Workers Under Federal Unemployment Insurance, Laurence E. Norton Ii, Marc Linder

University of Michigan Journal of Law Reform

This Article explains how federal law excludes half of the nation's farm workers from the unemployment insurance (UI) system. It describes how even those fortunate enough to work in covered employment often lose their benefits when employers use crew leaders who fail to report wages and pay unemployemnt insurance taxes. This discriminatory treatment of farm workers is then shown to be racially motivated and to have a disproportionate impact on the non-White majority of agricultural workers. Today's partial exclusion of these workers from UI isa legacy of Congress's complete exclusion of farm workers from all New Deal legislation intended to …

Introduction: The Federal-State Partnership Of Unemployment Compensation, Richard W. Fanning Jr.

University of Michigan Journal of Law Reform

Federal and state governments jointly administer the unemployment compensation system. Many participants at the Symposium addressed this aspect of unemployment compensation, and it is the topic of the four Articles that follow. This Introduction discusses three broad areas in order to provide a framework for issues concerning federal-state relations in unemployment compensation. This Introduction also will highlight some of the points made by Symposium participants in response to the ideas expressed in the following Articles. Part I addresses how the federal-state partnership operates and defines areas of responsibility for both the states and the federal government. Part I also discusses …

The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax

Michigan Journal of Race and Law

This Article seeks to explore in a preliminary way some questions that would be raised by the adoption of such a program. The initial issue raised by the proposal is: does the government ever have any legitimate business favoring some family forms over others? The first-pass answer would appear to be "yes." The law recognizes marriage, restricts it to persons of the opposite sex (at least for now), and confers upon married couples comparative rights and privileges-although fewer than have been enjoyed in the past. The more difficult questions are: what exactly is the nature of the government's interest in …

Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella

UIC Law Review

No abstract provided.

Timeliness In The Unemployment Compensation Appeals Process: The Need For Increased Federal Oversight, Sharon M. Dietrich, Cynthia L. Rice

University of Michigan Journal of Law Reform

Anecdotal evidence suggests that during the recession of 1989-1992, unemployment insurance claimants suffered unprecedented delays in the receipt of their benefits. Advocates reported that claimants who were initially denied benefits suffered delays of months, and even years, before the state administrative appeals process resolved their claims. Although federal law establishes timeliness standards for processing appeals, many states did not meet those standards. In this Article, the Authors discuss and analyze the results of a nationwide review of state compliance with federal timeliness standards. They then assess the state and federal responses to the increased number of unemployment insurance claims and …

Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington

Faculty Scholarship

The shortage of subsidized child care creates three problems. First, it contributes to underemployment because job options are greatly reduced when child care is unavailable. Second, it erodes the wages of parents who do work because low-income families spend a debilitating percentage of their earnings to pay for the care of their children. Third, it relegates many children to poor quality child care settings, compromising their academic potential and social well-being, and placing them at risk for delinquency and dependency. Part I of this article discusses the current paucity of quality, affordable child care, and the effects of this shortage. …

Historical Perspectives On Fair Housing, 29 J. Marshall L. Rev. 315 (1996), Julian Bond

UIC Law Review

No abstract provided.

The Market For Deadbeats, Margaret F. Brinig, F. H. Buckley

Journal Articles

This article outlines three explanations for why states seek migrants and tests them by references to 1985-90 interstate migration flows. On race-for-the-top theories, states compete for value-increasing migrants by offering them healthy economies and efficient laws. On vote-seeking theories, states compete for clienteles of voters, with some states seeking to attract and some to deter welfare- or tax-loving migrants. On deadbeat theories, states compete for high human capital debtors by offering them a fresh start from out-of-state creditors. Our findings support vote-seeking and deadbeat theories.

Stepping Into The Projects: Lawmaking, Storytelling, And Practicing The Politics Of Identification, Lisa A. Crooms

Michigan Journal of Race and Law

In her article, "The Black Community," Its Lawbreakers, and a Politics of Identification, Professor Regina Austin proposes a paradigm to move the Black community beyond a "manifestation of a nostalgic longing for a time when blacks were clearly distinguishable from whites and concern about the welfare of the poor was more natural than our hairdos.” Austin's politics of identification provides the conceptual framework through which the Black community can reconstitute itself in accordance with its own principles, which may or may not be those embraced by the mainstream. This article considers Professor Regina Austin’s politics of identification as practiced by …

Foreword: Federalism And Anti-Federalism As Civil Rights Tools, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

The focus on Civil Rights and the Supreme Court 1994 Term in this issue of the Howard Law Journal has one relatively consistent underlying theme-the role of federalist and anti-federalist arguments in the formulation of civil rights policy. As you might expect, there is not much dispute among the authors about the proper goals of civil rights law, for virtually every author in this issue is in one sense or another a traditionalist on policy... What separates the authors is their instrumentalist arguments; that is, how they would accomplish their goals...Some are traditional federalists, supporting the federal role for civil …

God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred

Scholarly Works

In this Article, I argue that poor parents who are willing, but economically unable, to provide proper care for their children are entitled to some minimum level of state assistance grounded in the constitutional right to family integrity. The right to family integrity, when coupled with the state's power as parens patride, creates an affirmative obligation on the state to provide income assistance to impoverished families when necessary to protect the welfare of the children and maintain the family intact.

Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax

All Faculty Scholarship

No abstract provided.

Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington

Faculty Scholarship

Without subsidized child care, Dianne Williams, the mother of an eighteen-month-old son, would never have left welfare and earned the post-secondary degree that led to her current job as a senior secretary; Tammy Stinson, a U.S. Air Force veteran and 29-year-old mother of two children, would spend up to $150 of her weekly $200 salary on child care, increasing the likelihood she would turn to welfare or live in poverty; Jerry Andrews, a graduate of a government-funded early childhood education program, might not earn $31,200 a year and be working towards an engineering degree. These individuals are lucky. The vast …

A Model State Act To Authorize And Regulate Physician-Assisted Suicide, Charles Baron, Clyde Bergstresser, Dan Brock, Garrick Cole, Nancy Dorfman, Judith Johnson, Lowell Schnipper, James Vorenberg, Sidney Wanzer

Charles H. Baron

Despite laws in many states prohibiting assisted suicide, an unknown but significant number of people each year commit suicide with the aid of a physician. In recent years, the phenomenon of physician-assisted suicide has attracted greater attention as physicians have openly risked prosecution to shed light on the subject, advocates have raised a series of legal challenges to laws banning assisted suicide, and a federal judge has struck down the nation's first statute allowing physicians to assist patients in suicide. In this Article, nine authors from the fields of law, medicine, philosophy and economics propose a comprehensive statute to permit …

Welfare Reform And The Cooperative Federalism Of America's Public Income Transfer Programs, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Welfare Reform Meets Ideological Impasse, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino

University of the District of Columbia Law Review

The District of Columbia has one of the highest juvenile detention rates and the longest juvenile detention stays of any jurisdiction in the country.' Almost half of the children in Oak Hill, the District's secure juvenile detention facility, have no record of violent or serious offenses. 2 The District's large scale use of detention has increased, rather than decreased, crime. By placing young children charged with minor offenses, such as shoplifting, in daily contact with habitual violent juvenile offenders, Oak Hill serves as a training school for criminal behavior.3

Juvenile Detention To "Protect" Children From Neglect, Margaret Beyer Phd.

University of the District of Columbia Law Review

The primary purpose of juvenile detention is to protect the community from dangerous young people while they wait for their cases to be heard in court.' From a developmental perspective, juvenile detention should occur less frequently than adult detention because juveniles need to be with family members and are perhaps more vulnerable to emotional harm from incarceration than adults. Recognized risks of detention include exposing naive, previously victimized youth to larger, older juveniles with delinquency histories. Other risks include interference with the juvenile's relationship with family and attendance in school.

1995-1996 Home Energy Assistance Program (Heap) Rule, Maine State Housing Authority

Maine Collection

1995-1996 Home Energy Assistance Program (HEAP) Rule

State of Maine / Maine State Housing Authority / David Lakari, Director

Augusta, Maine, September 1995.

(Proposed Amendments to Home Energy Assistance Program Rule)

Chapter 24 - Home Energy Assistance Program Rule

Sections: 1. Definitions / 2. Eligibility / 3. Sub-Grantees / 4. Application / 5. Payment of Benefits / 6. Energy Crisis Intervention Program / 7. HEAP Weatherization and Central Heating Improvement Program (CHIP) / 8. Indian Tribes / 9. Administration of HEAP / 10. Monitoring / 11. Noncompliance / 12. Procurement / 13. Fair Hearings / 14. Additional Provisions