Law Commons^™

Administration Of A Negative Income Tax, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott

Faculty Scholarship

In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.

Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield

Michigan Law Review

The ample personal economic resources and relatively well-financed organizations of middle and upper income Americans usually assure their particular interests adequate representation in federal administrative rulemaking. The norm is that middle and upper income individuals, or their personal or organizational representatives, directly or indirectly monitor all agency activities. These persons attempt to protect their interests through formal or informal participation in rulemaking affecting them. But federal rulemaking very frequently affects large numbers of individuals who lack the personal economic resources and organized associations of middle and upper income Americans. These economically underprivileged persons are usually unable to keep themselves adequately …

Hospital Emergency Service And The Open Door, Leonard S. Powers

Michigan Law Review

This Article will focus on the emerging duty of hospital emergency rooms to treat patients seeking their aid.

Escalation Of Welfare Warfare: The Case Of The Recent Resident, Anon

Washington Law Review

Vivian Marie Thompson, plaintiff, migrated from Boston, Massachusetts to Hartford, Connecticut to be near her mother. She arrived without prospect of specific employment or sufficient funds to maintain herself and her child while attempting to locate work. During her residency in Boston, she received financial support under a jointly-funded state-federal program of Aid to Dependent Children (ADC). When she applied for similar assistance in Hartford her request was denied by defendant, Connecticut's Commissioner of Welfare, because she had not been a resident of the state for one year as required by Connecticut law. plaintiff brought suit in the United States …

Escalation Of Welfare Warfare: The Case Of The Recent Resident, Anon

Washington Law Review

Vivian Marie Thompson, plaintiff, migrated from Boston, Massachusetts to Hartford, Connecticut to be near her mother. She arrived without prospect of specific employment or sufficient funds to maintain herself and her child while attempting to locate work. During her residency in Boston, she received financial support under a jointlyfunded state-federal program of Aid to Dependent Children (ADC). When she applied for similar assistance in Hartford her request was denied by defendant, Connecticut's Commissioner of Welfare, because she had not been a resident of the state for one year as required by Connecticut law. plaintiff brought suit in the United States …

Slumlordism As A Tort--A Brief Response, Joseph L. Sax

Michigan Law Review

Professors Blum and Dunham begin their comment by accusing us of having a new idea. We plead guilty. Our purpose was to demonstrate that accepted principles in analogous areas of law would support a slumlordism action, not to argue that tort law as presently applied would do so. Indeed, our basic intent was to underscore the myopia of existing tort law perspectives.

Slumlordism As A Tort--A Dissenting View, Walter J. Blum, Allison Dunham

Michigan Law Review

The persistence of substandard housing in urban centers stands as a challenge to law. There is a pressing need to re-examine whether prevailing legal doctrines are adequate for dealing with the problem and to suggest new doctrines where the old are found wanting. To their great credit, Joseph L. Sax and Fred J. Hiestand in their article "Slumlordism as a Tort" face up to these tasks boldly and vigorously. They conclude that, under existing conditions, it is imprudent to rely on public authorities to enforce housing codes and it is unlikely that legislatures will place sufficient enforcement powers in private …

Maintaining Welfare Families' Income In Kentucky: A Study Of The Relationship Between Afdc Grants And Support Payments From Absent Parents, Woodford L. Gardner Jr.

Kentucky Law Journal

No abstract provided.

State Legislative Services: An Overview, Law Review Staff

Vanderbilt Law Review

Increasing awareness of the critical needs of the state legislatures has stimulated a number of groups to study these needs and suggest reforms. As a result of these efforts, the problems in this area are well-defined. However, all too often the states have failed to take an overview of the needs of the legislative branch; instead most efforts in this area have been directed towards the solutions of specific problems. The result has been as follows: a specific service agency will be created in response to a felt need; subsequently the agency will assume additional duties under the force of …

Legal Aid--Lay Control And Organizational Complexity Render Oeo Legal Service Program Unacceptable To New York Court--In Re Community Action For Legal Services, Inc., Michigan Law Review

Michigan Law Review

The Office of Economic Opportunity (OEO) and the New York City Council Against Poverty approved the organization and the OEO funding of three legal service corporations as part of a comprehensive program to provide legal assistance to New York City's poor. According to the plan, the first corporation, Community Action for Legal Services, Inc. (CALS), was to approve proposed plans for setting up and operating neighborhood law offices with OEO funds and then to supervise and coordinate the agencies that sought to put those plans into operation. These agencies, operating as delegates of CALS, and under subcontracts with it, were …

Attorney's Fees: Where Shall The Ultimate Burden Lie?, James H. Cheek, Iii

Vanderbilt Law Review

Unfettered access to the courts is the cornerstone of the American concept of justice, yet even today we are far from achieving this ideal. Recently much progress has been achieved in improved legal services for the poor;' but the poor will never have completely free access to the courts unless the American rule that each litigant must bear the burden of paying his own attorney's fees is changed...

Since the first note of protest in 1925, a few writers, recognizing the intimate relationship between attorney's fees and full relief for the wronged party, have urged the adoption of some form …

Slumlordism As A Tort, Joseph L. Sax, Fred J. Hiestand

Michigan Law Review

The war against poverty has been fought with rather more vigor than its initiators contemplated. Thus far, however, the major engagements have taken place in the streets of Watts and Chicago, which is not quite what they had in mind. Some, who think it odd that as we pass more laws we get more lawlessness, will perhaps content themselves by observing that the feeding hand is always bitten. Those less easily satisfied have begun to see the need for adopting some legal solutions as far reaching as the problems they are designed to abate; the following article is addressed to …

Competition In Legal Services Under The War On Poverty, Eric Wright

Faculty Publications

The creation of the legal services programs of the war on poverty has focused attention on the deficiencies in the legal treatment of the poor. Despite general agreement that the poor need legal services, however, there has been a continuous debate over the control of the legal programs and the proper role of the poor in administering them. Behind the dispute over control is a difference of opinion about the goals of the legal services programs. Because these programs were established to help fulfill the policy of the Economic Opportunity Act of I964 "to eliminate the paradox of poverty in …

Unequal Protection: Poverty And Family Law, Henry H. Foster, Doris Jonas Freed

Indiana Law Journal

No abstract provided.

Ann Arbor And Legal Aid, James J. White

Articles

Since the leasing of its office in August 1965, the Washtenaw County Legal Aid Society has been open nearly 50 hours per week and has been staffed exclusively by second and third-year law students from the University of Michigan Law School. The bulk of the practice has been in family law--divorce, support, custody--but there have been a substantial number of creditor-debtor cases, a handful of misdemeanor defense cases, and a large batch of miscellaneous cases.

Equal Protection For The Illegitimate, Harry D. Krause

Michigan Law Review

In our time the general constitutional phrase promising equal protection has become specific law. It has been used to invalidate many state statutes which discriminated on the basis of race or other arbitrary criteria. Definite rules have been developed for this process of invalidation. These rules will be applied below to state and federal legislation that favors the legitimate child and discriminates against the illegitimate in matters of inheritance rights, rights of support, rights of name and custody, and social welfare. The question that will be asked is whether state and federal legislation may constitutionally discriminate between children on the …

Involuntary Commitment Of The Mentally Ill In Pennsylvania, John R. Mcginley

Duquesne Law Review

No abstract provided.

Release Procedure Under The Pennsylvania Mental Health And Mental Retardation Act Of 1966, Louis B. Loughren

Duquesne Law Review

A person suffering from a mental illness has no constitutional right to liberty as long as the mental illness exists. The state exercises control over the locomotion of such individuals to prevent injury either to the patient himself or to other citizens and property. Power to protect the patient flows from the general duty of the sovereign to care for the members of society, i.e., the parens patriae doctrine. Similarly, the state police power includes the power to safeguard citizens and their property."

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Social Security Disability Determinations: The Burden Of Proof On Appeal, Michigan Law Review

Michigan Law Review

In 1956, the Social Security Act was amended to provide monthly disability insurance benefits to qualifying individuals under a uniform national program administered by the Secretary of Health, Education, and Welfare. Under this program, a claimant is entitled to disability benefits if he is unable to "engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to be of long continued and indefinite duration." This definition and its accompanying statutory standards were purposely made conservative in order to minimize the problems inherent in initiating the program; it was contemplated that …

Legislation Requiring Child To Support Mother In State Asylum Is A Denial Of Equal Protection-Department Of Mental Hygiene V. Kirchner, Michigan Law Review

Michigan Law Review

The California Department of Mental Hygiene brought suit under section 6650 of the state's Welfare and Institutions Code, a provision commonly known as a relative support statute, against the administratrix to recover 7,500 dollars from the intestate's estate. This amount represented the cost of food, housing, and treatment received by intestate's mother in a state mental hospital during the four years she had been confined there following a civil sanity hearing. Plaintiff was granted judgment on the pleadings. On appeal to the California Supreme Court, held, reversed. Since mental hospitals serve a proper public function, it is a denial …

Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers

Michigan Law Review

This comment will examine the recent judicial and legislative developments which could result in federal controls limiting religious practices in private sectarian educational and welfare institutions.

Job Refusal In Unemployment Compensation Claims, Robert J. Bowers

Cleveland State Law Review

Unemployment compensation is a type of insurance. As such, it does not cover losses intentionally incurred by claimants. However, the spirit of the Social Security Act of 1935 and of similar laws enacted in all the states affect the qualification or disqualification of a claimant who refuses a job. The broad discretionary powers of administrators and boards of review preclude definitive answer. We must be content with awareness of the tolerance limits indicated by stare decisis and commission rules.

The Law And Social Work, Henry H. Foster Jr.

Kentucky Law Journal

No abstract provided.

The Indigent Defendant In The State Criminal Proceeding: Betts V. Brady Is Interred

Indiana Law Journal

No abstract provided.

The Property Interest In Social Security Benefits, James P. Lewis

Maryland Law Review

No abstract provided.

An Indigent Criminal Defendant Seeks An Appeal

Indiana Law Journal

No abstract provided.

Statutory Interpretation--State Welfare Program--Federal Enclaves, Burke B. Terrell

Kentucky Law Journal

No abstract provided.

Free Will In The Frontiers Of Federalism, John R. Brown

Michigan Law Review

In an assembly dedicated, as this one is, to frontiers in law and legal education in celebration of the centennial of this great Law School and forecasting what is to be expected in the next one hundred years, the idea of states' rights-of the federal-state relationship-has seemed almost ironic.