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Articles 1 - 30 of 45
Full-Text Articles in Law
The High Cost Of Child Support In Rape Cases: Finding An Evidentiary Standard To Protect Mother And Child From Welfare’S Cooperation Requirement, Aviva Nusbaum
Fordham Law Review
Indigent single parents who turn to welfare for financial support must cooperate with their state’s child support enforcement requirements before receiving some or all of their benefits. Single parents are required to provide information about the absent parent because states use the information to pursue the absent parent for child support. While child support helps reduce poverty and increase parental emotional support for children, it can also be very dangerous for some single mothers. The good cause exception exempts parents from child support enforcement when it would be contrary to the “best interests of the child.” Mothers and children who …
Relational Contracts In The Privatization Of Social Welfare: The Case Of Housing, Nestor M. Davidson
Relational Contracts In The Privatization Of Social Welfare: The Case Of Housing, Nestor M. Davidson
Faculty Scholarship
Privatization has become a permanent and increasingly significant fixture on the landscape of contemporary public policy. Federal, state, and local governments now turn to the private sector for everything from collecting neighborhood garbage to assisting in the occupation of Iraq. As Martha Minow recently noted, "a sea change is at work," with "[p]rivate and market-style mechanisms.., increasingly employed to provide what government had taken as duties." Nowhere is this trend more pronounced, and contested, than in the privatization of social welfare. In that arena, privatization's potential to harness the experience, efficiency, and diversity of the private sector sharply clashes with …
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Fordham Urban Law Journal
This article surveys, in non-technical language, various econometric studies on the correlation between changes in access to abortion (whether through legalization, increased public funding, increased safety, etc.) and social phenomena such as sexual activity, crime, and opportunities for women. It argues that many econometrics-based abortion studies are contentious, often yielding varying results depending on the stakes of those commissioning the studies, and often too technical to be useful to policy-makers. As a result of these shortcomings, the author calls for methodological soundness and publication for a more general audience for those social scientists who want to enter the reproductive rights …
Constitutional Welfare Rights: A History, Critique And Reconstruction, William E. Forbath
Constitutional Welfare Rights: A History, Critique And Reconstruction, William E. Forbath
Fordham Law Review
No abstract provided.
Recommendations Of The Conference On Achieving Justice: Parents And The Child Welfare System
Recommendations Of The Conference On Achieving Justice: Parents And The Child Welfare System
Fordham Law Review
No abstract provided.
Report Of The Case Management Working Group, Mary Ann Forgey, Hank Orenstein
Report Of The Case Management Working Group, Mary Ann Forgey, Hank Orenstein
Fordham Law Review
No abstract provided.
Report Of The Education Working Group, Naomi Lynch, Virginia Strand
Report Of The Education Working Group, Naomi Lynch, Virginia Strand
Fordham Law Review
No abstract provided.
Report Of The Funding Working Group, Edith Holzer
Report Of The Funding Working Group, Edith Holzer
Fordham Law Review
No abstract provided.
Report Of The Judiciary And The Courts Working Group, Nanette Schorr
Report Of The Judiciary And The Courts Working Group, Nanette Schorr
Fordham Law Review
No abstract provided.
Report Of The Parent Representation Working Group, Beth Harrow, Sue Jacobs
Report Of The Parent Representation Working Group, Beth Harrow, Sue Jacobs
Fordham Law Review
No abstract provided.
Report Of The Parent Self-Advocacy Working Group, Lyn Slater
Report Of The Parent Self-Advocacy Working Group, Lyn Slater
Fordham Law Review
No abstract provided.
Report Of The Race, Class, Ethnicity And Gender Working Group, Dana Hamilton
Report Of The Race, Class, Ethnicity And Gender Working Group, Dana Hamilton
Fordham Law Review
No abstract provided.
Parents And The Child Welfare System, Foreword, Ann Moynihan, Mary Ann Forgey, Debra Harris
Parents And The Child Welfare System, Foreword, Ann Moynihan, Mary Ann Forgey, Debra Harris
Fordham Law Review
No abstract provided.
Family Court Case Conferencing And Post-Dispositional Tracking: Tools For Achieving Justice For Parents In The Child Welfare System, Sara P. Schechter
Family Court Case Conferencing And Post-Dispositional Tracking: Tools For Achieving Justice For Parents In The Child Welfare System, Sara P. Schechter
Fordham Law Review
No abstract provided.
Report Of The Ethics And Professionalism Working Group, Nanette Schrandt
Report Of The Ethics And Professionalism Working Group, Nanette Schrandt
Fordham Law Review
No abstract provided.
Achieving Justice, Barriers To Achieving Justice For Incarcerated Parents, Martha L. Raimon
Achieving Justice, Barriers To Achieving Justice For Incarcerated Parents, Martha L. Raimon
Fordham Law Review
No abstract provided.
Acs's Interpretation Of The "No Contact Rule" Impedes The Reunification Of Families, Nanette Schorr
Acs's Interpretation Of The "No Contact Rule" Impedes The Reunification Of Families, Nanette Schorr
Fordham Law Review
No abstract provided.
Civil Disturbances: Battles For Justice In New York City
Civil Disturbances: Battles For Justice In New York City
Fordham Urban Law Journal
This Collection contains a number of essays that are a part of Civil Disturbances, a collaborative project between artists and lawyers that commemorates various public interest law suits and social justice efforts in New York City. The project itself consists of twenty signs, each representing one specific case, that were designed to be both provoking and informative. This specific Collection contains printings of eight of the signs, as well as separate writings on issues and cases including: disabled people's accessibility to the Empire State Building, child welfare, children's rights, women and the FDNY, rights of the homeless, and welfare benefits. …
Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory
Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory
Fordham Urban Law Journal
This Article examines the deep human rights concerns within the transmogrifying world of work, focusing on the integral part that work plays in the definition, construction, maintenance, and enhancement of the social contract in the context of the New York City welfare workforce. Part I reviews the "employee"/partner/independent contractor distinctions, focusing on recent case law, the regulatory tax regime, and related issues. Part II examines the complex pressures that workfare legislation will exert throughout most sectors of the workforce and the unemployed. Part III explores the role of Catholic social teachings on workers' rights as well as the reemergence of …
Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer
Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer
Fordham Law Review
No abstract provided.
Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington
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. …
Welfare Reform Within A Changing Context: Redifining The Terms Of The Debate, Mary Brynar Sanger
Welfare Reform Within A Changing Context: Redifining The Terms Of The Debate, Mary Brynar Sanger
Fordham Urban Law Journal
This Essay explains the evolution of various approaches to welfare, assesses the efforts under the Family Support Act and reviews the principal findings of welfare research to evaluate the success of alternative program strategies. It explains the evolution of various approaches toward welfare before the mid-1990s. It then describes reforms instituted 1988 and reviews the dynamics of welfare caseloads and benefits of those programs. This Essay reviews the research findings in welfare reform's critical areas: those that seek to alter benefit structures and eligibility, and those that seek to alter fertility behavior through both incentive and punitive models. The Essay …
The Brown V. Giuliani Injunction: Combating Bureaucratic Disentitlement, Maria Fazzolari
The Brown V. Giuliani Injunction: Combating Bureaucratic Disentitlement, Maria Fazzolari
Fordham Urban Law Journal
This Comment supports the preliminary injunction decision in Brown v. Giuliani, and demonstrates why judicial intervention is appropriate in welfare litigation to protect the constitutional rights of welfare recipients. It describes the New York City welfare administration system and its statutory framework, detailing the bureaucratic problems facing the system. It also describes "bureaucratic disentitlement," whereby largely obscure administrative proceedings function to effectively delay of deny welfare payments to eligible recipients. It examines the traditional judicial remedies and their general impotence in combating bureaucratic disentitlement, and the preliminary injunction decision granted in Brown and the justiciability of separation of powers issues …
Report Of The Working Group On Determining The Best Interest Of The Child, Robert Schwartz
Report Of The Working Group On Determining The Best Interest Of The Child, Robert Schwartz
Fordham Law Review
No abstract provided.
Ten Thousand Tiny Clients: The Ethical Duty Of Representation In Children's Class-Action Cases, Martha Matthews
Ten Thousand Tiny Clients: The Ethical Duty Of Representation In Children's Class-Action Cases, Martha Matthews
Fordham Law Review
No abstract provided.
Trying To Fit Square Pegs Into Round Holes: The Need For A New Funding Scheme For Kinship Caregivers, Randi Mandelbaum
Trying To Fit Square Pegs Into Round Holes: The Need For A New Funding Scheme For Kinship Caregivers, Randi Mandelbaum
Fordham Urban Law Journal
This article discusses the inadequacy of the current welfare system in meeting the needs of so-called "kinship caregivers." It summarizes the provisions of the two major programs for these individuals - the Aid to Families with Dependent Children fund, and the Adoption Assistance and Child Welfare Act. It explains the difficulty for kinship caregivers under these systems, and outlines a proposed legislative solution whereby individuals in nontraditional family structures could more easily qualify for welfare.
Is There A Doctrine In The House? Welfare Reform And The Unconstitutional Conditions Doctrine, Jonathan Romberg
Is There A Doctrine In The House? Welfare Reform And The Unconstitutional Conditions Doctrine, Jonathan Romberg
Fordham Urban Law Journal
This Article proposes that courts should subject unconstitutional conditions cases to intermediate scrutiny rather than presuming that a conditioned benefit is either valid or invalid based on its formal attributes. In conducting intermediate scrutiny, courts should consider: (i) the degree of equality or neutrality demanded by the underlying constitutional right; (ii) the importance of the benefit to the recipient; (iii) the germaneness of the condition to the reason the government may legitimately deny the benefit in the absence of the condition, and thus whether the government is attempting to use its economic and regulatory powers to gain leverage over a …
Replace Welfare For Contingent Workers With Unemployment Compensation, Stephen Bingham
Replace Welfare For Contingent Workers With Unemployment Compensation, Stephen Bingham
Fordham Urban Law Journal
This essay examines the manner in which the current unemployment insurance system maintains poverty and increases dependence on public assistance programs. It examines the plight of the working poor, the inadequacy of unemployment compensation, and the failure of welfare to compensate for the weaknesses of the unemployment system. It then proposes reforms to the unemployment compensation system, and a new system for employable individuals without ties to the workforce, explaining why this proposal makes sense in light of the current unemployment situation.
Disability And Welfare Reform: Keep The Supplemental Security Income Program But Reengineer The Disability Determination Process, Gay Gellhorn
Fordham Urban Law Journal
The thesis of this Article is that reform of the Supplemental Security Income disability program is properly on the welfare reform agenda, but not in the terms cast by proposed legislation. Procedural reform targeting identified problems should be the first step, rather than the termination of the federal entitlement program or the re-writing of the eligibility criteria. Substantive reform should follow such procedural reform. Therefore, this Article will focus particularly on procedural reform, although it will place that discussion in the context of the current legislative climate. Part II of this Article describes the current disability determination process and why …
The Worst Of Times . . . And The Best Of Times: Lawyering For Poor Clients Today, Louise G. Trubek
The Worst Of Times . . . And The Best Of Times: Lawyering For Poor Clients Today, Louise G. Trubek
Fordham Urban Law Journal
This Essay describes three areas in which advocates have developed new models of practice and new forms of advocacy. It examines ways that lawyers and clients are collaborating to create more effective advocacy for battered women, low-income entrepreneurs and nonprofit community-based organizations that serve the poor. It describes how, why and where the new practices operate and analyzes the roots of the new approaches, showing that they can be traced to changes in lawyering theory and new visions of the lawyer-client relationship. The Essay assesses whether these models can be sustained and generalized, concluding that although the new approaches are …