Law Commons^™

Abating The Feminization Of Poverty: Changing The Rules Governing Post - Decree Modification Of Child Support Obligations, J. Thomas Oldham

BYU Law Review

No abstract provided.

Providing An Escape For Inner-City Children: Creating A Federal Remedy For Educational Ills Of Poor Urban Schools, Amy J. Schmitz

Faculty Publications

Children in impoverished, urban areas attend dangerous and decrepit schools, where they receive low quality education which fails to prepare them for meaningful participation in the community. Many states, however, provide no legislative or judicial remedy for these children, who desperately need vocational and educational skills to enable them to escape from the deprivation of their urban landscape. Meanwhile, federal officials speak

Building Community Among Diversity: Legal Services For Impoverished Immigrants, Robert L. Bach

University of Michigan Journal of Law Reform

Part I of this Essay introduces the Immigrants' Legal Needs Study (ILNS), which provides most of the data for this Essay. Part II focuses on immigrants' access to legal assistance. It analyzes the problems and needs of recently arrived poor immigrants-both immigrants share with longer established poor residents as well as special needs related to immigrants' residency status. Part III addresses the present day demography of our urban communities, including the levels of new immigration. Parts IV and V detail the legal difficulties faced by poor immigrants, the ways they deal with these problems, and community responses to these needs. …

Social Welfare And Section 7 Of The Charter: Conrad V. Halifax (County Of), Teresa Scassa

Dalhousie Law Journal

The recent case of Conrad v. Halifax (County of) arose as as. 7 Charter challenge to the County regarding the manner in which the plaintiff was treated as a recipient of municipal social assistance. The case raises a number of interesting issues at the intersection of the Charter and administrative law including the scope of the right to "security of the person"; the scope of the principles of fundamental justice; issues of access to justice and the Charter; and the relationship between the finding of a Charter right and the treatment of the plaintiff in the fact-finding process. This case …

From Social Safety Net To Dragnet: African American Males In The Criminal Justice System, Jerome G. Miller

Washington and Lee Law Review

No abstract provided.

Urban Revitalization And Community Finance: An Introduction, Peter R. Pitegoff

Faculty Publications

"In his 1933 poem Burn the Cities, Nathanael West, the iconoclastic American novelist and urban radical, portrays the city as a focal point of discontent and of anguish for the world's predicament.2 From Jerusalem to Paris and finally to London, the poem winds through distressing urban imagery with scant opportunity for escape. The implicit modicum of hope is an overthrow of the present order. From older cities abroad, West imports an apocalyptic vision of cities at home."

Aspirations And Reality In The Law And Politics Of Health Care Reform: Examining A Symposium On (E)Qual(Ity) Care For The Poor, Ann C. Mcginley

Scholarly Works

Although the poor had suffered from insufficient health care for years, it was only when the middle class felt the economic pinch that health care reform moved to the top of the national agenda. In this way, the poor, a group with little political power, could benefit from the enormous political power of the middle class. In the Fall of 1992, it appeared that it was time for the poor to consider building a coalition with the middle class to work for universal coverage and improved quality of care. Yet, many questions remained about whether a coalition would benefit the …

A Choice For K'Aila: Child Protection And First Nations Children, Jocelyn Downie

Articles, Book Chapters, & Popular Press

K'aila's story raises serious questions about child protection and First Nations children. Was it appropriate that a non-First Nations social services agency made the initial assessment of whether K'aila was in need of protection, that a non-First Nations court had the power to decide whether K'aila was in need of protection, and that Francois and Leslie's decision was held to a non-First Nations standard of care? Was K'aila well-served by the child welfare system?

Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed?, Jean R. Sternlight

Scholarly Works

In response to cries from both the public and the medical community for increased research and improved treatments with respect to pediatric AIDS, some state legislatures have attempted to enact legislation that would require routine mandatory testing of newborns for HIV on a non-anonymous basis.

Those who favor mandatory testing of newborns contend that such testing is necessary in order to protect the health of newborns and to ensure that the newborns' doctors provide them with adequate care. Moreover, testing advocates argue that because most hospitals already screen anonymously, failing to inform parents of the test results is inappropriate and …

The Value Of Black Mothers' Work, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Care For Those Who Wore The Uniform, Kenneth Lasson

All Faculty Scholarship

Considerations were granted to American war veterans as far back as 1636, when the pilgrims, in the midst of an Indian insurrection, devised a special law providing rights and assistance to those who fought. Various of the early American colonies passed similar laws for disabled veterans, and by the time of the Revolution the benefits concept had been firmly established.

Said Calvin Coolidge in 1920: "The nation which forgets its defenders will itself be forgotten." But such platitudes did little to solve the fragmented administration of veterans' affairs, which inevitably was overwhelmed by the sheer volume of cases. Thus was …

Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan P. Sturm

University of Michigan Journal of Law Reform

This Article attempts to fill the gaps in the discussion of public interest advocacy by exploring the roles of various legal organizations in providing representation to inmates challenging the conditions and practices in prisons, jails, and juvenile justice institutions. It is an outgrowth of a study conducted for the Edna McConnell Clark Foundation on the extent and quality of representation in corrections litigation. It puts forward an organizational change model of public interest advocacy as the most promising strategy for legal representation in the corrections area. It then identifies the major organizational providers of representation, assesses where they fall on …

Suggested Revisions To The Polish Social Welfare Law, Christopher J. O'Leary, W.E. Upjohn Institute For Employment Research

Reports

No abstract provided.

Foreword: The Many Contexts Of Welfare Reform, Jeffrey S. Lehman

University of Michigan Journal of Law Reform

To nourish the ongoing debate, the editors of the University of Michigan Journal of Law Reform have drawn together contributions from four law professors who have substantial expertise concerning the American welfare state. All of the Articles that compose this Symposium are animated by a desire to broaden our frame of reference for evaluating welfare reform. I believe that their shared project is important. Efforts to change AFDC will send ripples through the multiple legal structures that buoy our public systems of income support and wealth redistribution.

Disentitling The Poor: Waivers And Welfare "Reform", Susan Bennett, Kathleen A. Sullivan

University of Michigan Journal of Law Reform

This Article examines the purposes underlying the statutory grant of authority to Health and Human Services (HHS) to exempt states from the requirements of the statute, the important role that the Social Security Act has played as a source of rights for welfare recipients, the current wave of exemptions granted by HHS, and the lack of standards for review of state waiver proposals. Finally, this Article recommends the development of procedures and standards for review by HHS and urges that adherence to the core values of the Aid to Families with Dependent Children (AFDC) program is essential in evaluating the …

Reforming Welfare Through Social Security, Stephen D. Sugarman

University of Michigan Journal of Law Reform

In this Article, I first want to illustrate the connection between Social Security and AFDC-to explain the Social Security program and to demonstrate how it contributes to the welfare problem. More importantly, I then want to offer a reform proposal that builds on Social Security as a way to begin to eliminate AFDC and the current welfare problem. Simply put, I propose that Social Security should provide benefits to children with absent parents on the same basic terms on which it now provides benefits to children with deceased, disabled, or retired parents.

The Many Contexts Of Welfare Reform, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.

The Income Tax Treatment Of Social Welfare Benefits, Jonathan Barry Forman

University of Michigan Journal of Law Reform

Part I of this Article describes the major social welfare programs in the United States. Part II outlines the basic structure of the federal income tax and describes how social welfare benefits are treated by the income tax system. Finally, Part III surveys some recent proposals to tax particular social welfare benefits and considers the arguments for and against taxing such benefits. The Article concludes that the need for new revenue sources will push the federal government to reconsider the tax treatment of social welfare benefits.

Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout

Cornell Law Faculty Publications

No abstract provided.

Of Citizen Suits And Citizen Sunstein, Harold J. Krent, Ethan G. Shenkman

Michigan Law Review

After briefly summarizing Lujan and addressing Sunstein's critique, we explore the concept of accountability underlying the creation of a single executive in Article II. We then apply our theory of the unitary executive to several examples of broad grants of statutory standing, concluding that Congress can confer standing on private citizens only if it specifically articulates and individuates the interests whose violation gives rise to a cognizable case. Although we agree with Sunstein's view that broad grants of statutory standing do not necessarily trench upon constitutional values, we ultimately side with Justice Scalia in concluding that universal citizen standing, as …

Repossession: Of History, Poverty, And Dissent, Martha Minow

Michigan Law Review

A Review of The Dispossessed: America's Underclasses from the Civil War to the Present by Jacqueline Jones

Litigating State Constitutional Rights To Happiness And Safety: A Strategy For Ensuring The Provision Of Basic Needs To The Poor, Bert B. Lockwood Jr., R. Collins Owens Iii, Grace A. Severyn

Faculty Articles and Other Publications

Faced with the dead-end nature of attempting to use the United States Constitution to develop enforceable minimum standards of care for the poor, the poor and their advocates have looked to state constitutional and statutory law for the protection of basic needs. Compared to the textual wasteland of the Federal Constitution, state constitutions have much to offer. Many state constitutions contain substantive provisions dealing explicitly with poverty, housing, shelter, and nutrition. Many state constitutions also include declarations that set out as inalienable the right to seek and/or obtain safety and the right to pursue and/or obtain happiness. This article chronicles …

Functional Explanation And Metaphysical Individualism, Justin Schwartz

Justin Schwartz

A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …

Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer

Articles & Chapters

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

When The Bough Breaks: Federal And Washington State Indian Child Welfare Law And Its Application, Kim Laree Schnuelle

Seattle University Law Review

Although removal of any child from his or her family is traumatic, too frequently Indian child removal has been performed with little prior investigation and with an absence of cultural sensitivity. The resulting inequalities in Indian child foster placement and adoption rates led to a recognition of the need for Indian child welfare reform, both on a federal and state level. This Article provides an overview of Indian child welfare issues and addresses both the evolution and nature of Indian child welfare reform. Initially, this Article discusses the federal Indian Child Welfare Act, including the cultural history behind the Act, …

Public Relief

Touro Law Review

No abstract provided.

Public Relief

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley

Articles

Evidence of physician attitudes favoring the withholding of needed medical treatment from infants infected with HIV compels a reassessment of the applicability and adequacy of existing law in dealing with selective nontreatment. Although we can hope to have learned some lessons from the Baby Doe controversy of the mid-1980s, whether the legislation emerging from that controversy, the Child Abuse Amendments of 1984, has ever adequately dealt with the problem of nontreatment remains far from clear. Today, the medical and social characteristics of most infants infected with HIV introduce new variables into our assessment of that legislation. At stake are the …