Law Commons^™

Florida's Legislation Mandating Suspicionless Drug Testing Of Tanf Beneficiaries: The Constitutionality And Efficacy Of Implementing Drug Testing Requirements On The Welfare Population, Lindsey Lyle

Tennessee Journal of Law and Policy

Luis Lebron is a thirty-five year old who balances his duties as sole caretaker of his four year-old son with pursuing a degree at the University of Central Florida.' To help support himself and his child while in school, Lebron applied to the Florida Department of Children and Families for Temporary Assistance for Needy Families (TANF) benefits in July 2011. However, Lebron refused to take the drug test" required by a recently passed Florida statute, requiring prospective TANF beneficiaries to undergo drug testing prior to receiving benefits. Lebron insists that he has never used illegal drugs, but refuses to take …

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 …

Administrative Savings From Synchronizing Social Welfare Programs And Tax Provisions, Jonathan Barry Forman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Ford V. Shalala: Applying Mathews V. Eldridge To Ssi Benefits, Daniel T. Vaughan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman

Touro Law Review

In Goldberg v. Kelly, the Supreme Court held that welfare recipients have a right under the Due Process Clause to notice and a meaningful opportunity to be heard before the state may terminate assistance. However, the Court stopped short of holding due process requires states to appoint counsel to represent claimants at these constitutionally mandated hearings. As a result, in the vast majority of administrative hearings involving welfare benefits, claimants- desperately poor, and often with little formal education- must appear pro se while trained advocates represent the government. Drawing on the theory of underenforced constitutional norms, first articulated by Dean …

Shareholders And Social Welfare, William W. Bratton, Michael L. Wachter

Seattle University Law Review

This Article addresses the questions of whether and how shareholders matter for social welfare, finding that different and contrasting answers have prevailed during different periods of recent history. Observers in the mid-twentieth century believed that the socioeconomic characteristics of real-world shareholders were highly pertinent to social welfare inquiries. But those observers went on to conclude that there followed no justification for catering to shareholder interest, for shareholders occupied elite social strata. The answer changed during the twentieth century’s closing decades, when observers came to accord the shareholder interest a key structural role in the enhancement of economic efficiency even as …

Is The Customer Always Right? Department Of Health And Human Services’ Proposed Regulations Allow Institutional Review Boards To Place Customer Service Ahead Of The Welfare Of Research Participants, Colleen O'Hare Zern

Saint Louis University Public Law Review

No abstract provided.

Constitutional Corporatism: The Public Use Clause As A Means Of Corporate Welfare, John Kieran Murphy

University of Baltimore Journal of Land and Development

No abstract provided.

The Poverty Defense, Michele Estrin Gilman

University of Richmond Law Review

No abstract provided.

Drug Testing, Welfare, And The Special Needs Doctrine: An Argument In Support Of Drug Testing Tanf Recipients, Brianna W. Mclaughlin

Cleveland State Law Review

In 1996, Congress considered situations of children like Michael Oher when they overhauled the welfare program through the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). One of the PRWORA’s goals is to protect children in homes receiving welfare benefits. A crucial step in the Congressional plan was authorizing states to drug test welfare recipients as a condition to receiving benefits. With this grant of authority, states enacted legislation to implement drug testing programs to protect children in welfare receiving homes from the dangers of drug addicted parents. In 2011, over thirty-six states proposed legislation requiring drug testing of welfare …

The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland

Pepperdine Law Review

No abstract provided.

Welfare Fraud And The Fourth Amendment , Erik G. Luna

Pepperdine Law Review

No abstract provided.

Grandparent Involvement In Child Welfare Intervention With Grandchildren, James W. Gladstone, Ralph A. Brown

Marquette Elder's Advisor

This article discusses the increasing role grandparents are playing in kinship care, or foster care of their grandchildren. It examines the support grandparents provide to grandchildren who are receiving services from child welfare agencies, the circumstances surrounding grandparents' involvement with these agencies, and the relationships between grandparents and social workers.

State Drug Testing Requirements For Welfare Recipients: Are Missouri And Florida's New Laws Constitutional, Abby E. Schaberg

Missouri Law Review

This Summary examines the framework set up by the Supreme Court for analyzing the constitutionality of drug testing on welfare recipients. It discusses the states' implementation of such programs, and specifically analyzes laws recently passed by Florida and Missouri that authorize drug-testing requirements on welfare recipients. The likely outcome of challenges to these laws appears to be dependent, at least in part, on whether the law provides for suspicionless drug testing or calls for drug testing based on some reasonable suspicion of drug use.

Pledge Your Body For Your Bread: Welfare, Drug Testing, And The Inferior Fourth Amendment, Jordan C. Budd

William & Mary Bill of Rights Journal

Proposals to subject welfare recipients to periodic drug testing have emerged over the last three years as a significant legislative trend across the United States. Since 2007, over half of the states have considered bills requiring aid recipients to submit to invasive extraction procedures as an ongoing condition of public assistance. The vast majority of the legislation imposes testing without regard to suspected drug use, reflecting the implicit assumption that the poor are inherently predisposed to culpable conduct and thus may be subject to class-based intrusions that would be inarguably impermissible if inflicted on the less destitute. These proposals are …

Sweden, Singapore, And The States: A Comparative Analysis Of The Impact Of Taxation On The Welfare Of Working Mothers, Nancy Shurtz

Saint Louis University Law Journal

No abstract provided.

Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice

Northwestern Journal of Law & Social Policy

This introductory essay questions putting nearly all effort into social policywhich has failed to reduce povertyand calls instead for reinvigorating other tactics and re-imagining the unfinished dream of economic justice. Indeed, what Martin Luther King, Jr. envisioned was an actual war on poverty, not merely the abbreviated, under-funded, and ultimately unsuccessful effort of the 1960s, nor the imposter war on welfare that has dominated our social policy effort since. But our social policy has not only failed to reduce poverty, it failed to focus long-needed attention on poverty and inequality. Nor has social policy facilitated the political mobilization of poor …

Stephen James On The Battle For Welfare Rights: Politics And Poverty In Modern America By Felicia Kornbluh. Philadelphia: University Of Pennsylvania Press, 2007. 287pp., Stephen James

Human Rights & Human Welfare

A review of:

The Battle for Welfare Rights: Politics and Poverty in Modern America by Felicia Kornbluh. Philadelphia: University of Pennsylvania Press, 2007. 287pp.

Welfare, Privacy, And Feminism, Michele E. Gilman

University of Baltimore Law Forum

Feminism has long been concerned with privacy. Second-wave feminists assailed the divide between the public and the private spheres that trapped women in the home, excluded them from the workforce, and subjected them to domestic abuse. Second-wave feminists also argued in favor of a sphere of privacy that would allow women to make reproductive choices without state interference. These were powerful critiques of existing power structures, but they tended to overlook the experiences of poor women. As a condition of receiving welfare benefits, poor women have been subjected to drug tests, and they continue to face unannounced home inspections by …

The Promise Of Economic Rights And The Welfare State, Zehra F. Kabasakal Arat

Human Rights & Human Welfare

A review of:

Labour Left Out: Canada’s Failure to Protect and Promote Collective Bargaining as a Human Right. By Roy Adams. Ottawa: Canadian Center for Policy Alternatives, 2006.

and

The Welfare State Nobody Knows: Debunking Myths about U.S. Social Policy. By Christopher Howard. Princeton: Princeton University Press, 2007.

and

Economic Rights in Canada and the United States. Edited by Rhoda E. Howard-Hassmann and Claude E. Welch Jr. Philadelphia: University of Pennsylvania Press, 2006.

"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell

Nevada Law Journal

No abstract provided.

Bearing Witness To Economic Injustices Of Undocumented Immigrant Families: A New Class Of "Undeserving" Poor, Francine J. Lipman

Nevada Law Journal

No abstract provided.

What Is The Use Of International Law? International Law As A 21st Century Guardian Of Welfare, Emmanuelle Jouannet

Michigan Journal of International Law

The thesis of this Essay is that international law currently represents a welfare-driven and bio-political structuring mode for international society which not only counterbalances liberal economic globalization, but also draws from it. This inquiry offers a political interpretation of contemporary international law to clarify its functioning and the effects of its legal rationality, as well as to answer the question of its efficacy. An evolution has taken place for at least a century and has only attainted partial completion. It is the fruit of modernity that constantly projects its aspirations, its unity, and its contradictions onto the international legal system. …

The Child's Representation Under Capta: It Is Time For Enforcement, Gerard N. Duquette

Nevada Law Journal

No abstract provided.

A Place At The Table: Creating Presence And Voice For Teenagers In Dependency Proceedings, Catherine J. Ross

Nevada Law Journal

No abstract provided.

The Importance Of Using Alternative Dispute Resolution Techniques And Processes In The Ethical And Informed Representation Of Children, Kelly Browe Olson

Nevada Law Journal

No abstract provided.

How Children's Lawyers Serve State Interests, Martin Guggenheim

Nevada Law Journal

No abstract provided.

Children's Attorney's Obligation To Turn To Parents To Assess Best Interests, Christine Gottlieb

Nevada Law Journal

No abstract provided.

Report Of The Working Group On The Role Of Race, Ethnicity, And Class, Working Group On The Role Of Race, Ethnicity, And Class

Nevada Law Journal

No abstract provided.

Report Of The Working Group On Representing The Whole Child, Working Group On The Representing The Whole Child

Nevada Law Journal

No abstract provided.