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Full-Text Articles in Law
The Management Side Of Due Process In The Service-Based Welfare State, Charles F. Sabel, William H. Simon
The Management Side Of Due Process In The Service-Based Welfare State, Charles F. Sabel, William H. Simon
Faculty Scholarship
The American social welfare system is evolving away from the framework established by the New Deal and elaborated during the civil rights era. It is becoming less focused on income maintenance and more on capacitation. Benefits thus more often take the form of services. Such benefits are necessarily less standardized and stable than monetary ones. Their design is more individualized and provisional. The new trends favor different organizational forms, and they imply a different ideal of procedural fairness.
Jerry L. Mashaw’s work of the 1970s and 1980s provided the deepest and most comprehensive analysis of the New Deal regime from …
Framing Disability, Elizabeth F. Emens
Framing Disability, Elizabeth F. Emens
Faculty Scholarship
Mainstream attitudes toward disability lag behind U.S. law. This tension between attitudes and law reflects a wider gap between the ideas about disability pervasive in mainstream society — what this Article calls the "outside" view — and the ideas about disability common within the disability community — what this Article calls the "inside" view. The outside perspective tends to misunderstand and mischaracterize aspects of the experience, theory, and law of disability.
The law can help to close this gap in attitudes by changing the conditions in which attitudes are formed or reinforced. Thus, this Article proposes using framing rules to …
Private Insurance, Social Insurance, And Tort Reform: Toward A New Vision Of Compensation For Illness And Injury, Kenneth S. Abraham, Lance Liebman
Private Insurance, Social Insurance, And Tort Reform: Toward A New Vision Of Compensation For Illness And Injury, Kenneth S. Abraham, Lance Liebman
Faculty Scholarship
The United States does not have a system for compensating the victims of illness and injury; it has a set of different institutions that provide compensation. We rely on both tort law and giant programs of public and private insurance to compensate the victims of illness and injury. These institutions perform related functions, but the relationships among them are far from coherent. Indeed, the institutions sometimes work at cross-purposes, compensating some victims excessively and others not at all.
The absence of a coherent system of compensation is reflected even in suggested reforms of existing institutions. Proposals to reform tort law …