Law Commons^™

Welfare Reform And The Cooperative Federalism Of America's Public Income Transfer Programs, Stephen D. Sugarman

Stephen D Sugarman

In 1968, in its first important welfare law decision, the United States Supreme Court used the phrase "cooperative federalism" to describe Aid to Families with Dependent Children (AFDC), that part of our public income transfer system generally known as "welfare." The same label can also be applied to the other major income transfer programs in which the federal government participates-social security, food stamps, unemployment compensation, and supplemental security income (commonly called "SSI"). However, the terms of cooperation are different in each of these programs with national and state governments sharing power and responsibility for funding, benefit levels, conditions of eligibility, …

A First Appraisal Of Serrano

Stephen D Sugarman

A host of legal and related issues have been posed by the recent decision in Serrano v. Priest; a selective scanning of these issues, in an attempt to ascertain their importance and likely impact, is now necessary. In Serrano the Supreme Court of California held that to the extent existing differences in spending among school districts are caused by differences in wealth, the present scheme for financing public schools in California violates federal and state equal protection guarantees. The court further held that although school finance mechanisms may differ along many dimensions, they must respect one proscription: the quality of …

Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman

Stephen D Sugarman

This article argues that it is unconstitutional for state charter school programs to preclude faith-based schools from obtaining charters. First, the “school choice” movement of the past 50 years is described, situating charter schools in that movement. The current state of play of school choice is documented and the roles of charter schools, private schools (primarily faith-based schools), and public school choice options are elaborated. In this setting I argue a) based on the current state of the law it would not be unconstitutional (under the First Amendment’s Establishment Clause) for states to elect to make faith-based schools eligible for …

Children’S Benefits In Social Security, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Outcome-Based Regulatory Strategies For Promoting Greater Patient Safety, Stephen D. Sugarman

Stephen D Sugarman

The patient safety movement seeks to reduce the number ofavoidable injuries and diseases that patients suffer while in hospital. Two regulatory strategies in support ofthat movement are explored here. "Required disclosure" would rely on market responses to an increase in publicly available information about hospital errors. "Performancebased regulation" would require hospitals to reduce their error rate or suffer substantialf inancialp enalties. Both approaches are designed to give medical service providers incentives to promote safety without resorting to "command and control" regulation under which government experts tell hospitals how to act.

Part Of The Solution Rather Than Part Of The Problem: A Role For American Private Elementary And Secondary Schools In The 1990s, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Judges As Tort Law Un-Makers: Recent California Experience With New Torts, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Personal Injury Law Reform: A Proposed First Step, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Reforming Welfare Through Social Security, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Restatement Of Torts, A, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Tax Credit School Scholarship Plans, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Spousal Emotional Abuse As A Tort? , Ira Mark Ellman, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Compensation For Accidental Personal Injury: What Nations Might Learn From Each Other, Stephen D. Sugarman

Stephen D Sugarman

The article offers information on the different types of accidental injury compensation schemes of several countries worldwide. It features reasons why nations had different compensation schemes. It presents the interrelations of the different compensation schemes. Moreover, it mentions areas in which countries learned from each other's tort law damages.

Family Law For The Next Cenutry: Background And Overview Of The Conference, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Financial Support Of Children And The End Of Welfare As We Know It, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Foreward: Choosing Among Systems Of Auto Insurance For Personal Injury, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Fighting Childhood Obesity Through Performance-Based Regulation Of The Food Industry, Stephen D. Sugarman, Nirit Sandman

Stephen D Sugarman

That childhood obesity is an alarming public health problem is clear and widely appreciated. What is altogether unclear is what our society should do about it. Some people think the solution lies in using tort law to sue McDonald's, Coca-Cola, and other corporations. We reject that notion. Others believe that government should order specific changes in the behavior of food companies and school officials--and yet, there is little reason for confidence that these "command and control" strategies will make a difference. Instead, we propose "performance-based regulation" of the food industry. This is analogous to the approach our country is now …

School Sorting And Disclosure: Disclosure To Families As A School Reform Strategy - Part I: Existing Practices And The Social Interests In School Information Disclosure, Lee S. Friedman, Stephen D. Sugarman

Stephen D Sugarman

Interviews with more than 100 persons from seven diverse California school districts revealed a lack of formal information disclosure about the matching of particular students with teachers, courses, grade levels, and schools. Discusses information disclosure benefits in terms of informed choice and the citizen's right to know. (MLF)

Right And Wrong Ways Of Doing Away With Commercial Air Crash Litigation: Professor Chalk's Market Insurance Plan And Other No-Fault Follies, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

What Is A Family - Conflicting Messages From Our Public Programs, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Compelling Product Sellers To Transmit Government Public Health Messages, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Income Security When Temporarily Away From Work, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Law Of Damages, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Framing Public Interventions With Respect To Children As Parent Empowering, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Roles Of Government In Compensating Disaster Victims, Stephen D. Sugarman

Stephen D Sugarman

Government has many roles to play with respect to the compensation of victims of catastrophes: on the insurance side (helping make insurance available ex ante, assuring insurer solvency and fair payment of claimants ex post) and on the compensation side (where government is at fault, where tort rights are reduced, where commuities face destruction, and where special altruistic concerns are present).

Who Counts As An American Family?, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Ideological Flip-Flop: American Liberals Are Now The Primary Supporters Of Tort Law, Stephen D. Sugarman

Stephen D Sugarman

A Comparative Law Look At Pain And Suffering Awards, Stephen D. Sugarman

Stephen D Sugarman

Comparing tort awards for pain and suffering in the U.S. with European nations, Canada and Australia

Tort Reform Through Damages Law Reform, Stephen D. Sugarman

Stephen D Sugarman

In this article I compare tort damages law in Australia (most expecially recent reforms in New South Wales) with that of the US, and I propose changes in the US rules based on Australian experience (and that of some other nations).

Let's Try Performance-Based Regulation To Attack Our Smoking And Obesity Problems, Stephen D. Sugarman

Stephen D Sugarman

Instead of "command and control" regulation, and instead of litigation, let's try "performance-based regulation" as a way to force enterprises that are responsible for our obesity and smoking problems to solve them.