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Articles 1 - 30 of 82
Full-Text Articles in Law
Against The ‘Safety Net’, Matthew Lawrence
Against The ‘Safety Net’, Matthew Lawrence
Matthew B. Lawrence
Community Development Clinics: What Does Poverty Have To Do With Them?, Alicia Alvarez
Community Development Clinics: What Does Poverty Have To Do With Them?, Alicia Alvarez
Alicia Alvarez
This Essay argues that in a legal community development clinic, professors should "do more than teach students to be good transactional lawyers." Legal clinic professors should "focus their efforts on the elimination and reduction of poverty."
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Thomas W. Mitchell
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
Using Intellectual Property Law To Promote Human Flourishing For “Market Women” | Section Of Intellectual Property Law.Pdf, J. Janewa Osei Tutu
Using Intellectual Property Law To Promote Human Flourishing For “Market Women” | Section Of Intellectual Property Law.Pdf, J. Janewa Osei Tutu
J. Janewa Osei-Tutu
Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith
Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith
Latonia Haney Keith
Civil justice issues in the United States bring with them no guarantee of legal counsel, yet the civil legal system is still designed to require an attorney in almost all situations. Given the ever-growing costs of legal representation, how then are the legal needs of the poor met? The author calls this phenomenon the “justice gap” and addresses the issue of an access to justice gap and proposes a potential solution.
This article examines the existence of the “justice gap,” wherein the poor face substantial barriers that hinder them from receiving the same legal protections as wealthier Americans. It goes …
Unaccompanied Youth And Private-Public Order Failures, Jordan Woods
Unaccompanied Youth And Private-Public Order Failures, Jordan Woods
Jordan Blair Woods
Unaccompanied Youth And Private-Public Order Failures, Jordan Woods
Unaccompanied Youth And Private-Public Order Failures, Jordan Woods
Jordan Blair Woods
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Lisa T. Alexander
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
Immigrant Remittances, Ezra Rosser
Immigrant Remittances, Ezra Rosser
Ezra Rosser
Remittances, the sending of money from immigrants back to their home countries, are the newest anti-poverty, development activity of the poor to be applauded by international institutions and economists. Exceeding foreign aid and private investment to many developing countries, remittances are being hailed as a new, untapped resource with powerful poverty alleviation and potential development attributes. After presenting the poverty, developmental, and economic characteristics of this new transnational connection between immigrants and their loved ones, as well as the dangerous effects of excessive remittance regulation, the author argues that remittances should be understood as an anti-poverty tool, but not as …
Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.
Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.
Christopher Edley
No abstract provided.
Inventing Legal Combat: Pro-Poor 'Struggles' In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1999-2011, Obiora Chinedu Okafor, Basil E. Ugochukwu
Inventing Legal Combat: Pro-Poor 'Struggles' In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1999-2011, Obiora Chinedu Okafor, Basil E. Ugochukwu
Obiora Chinedu Okafor
This article deals with the question whether the jurisprudence of Nigeria’s appellate courts has helped advance or impede the struggles of the poor to assert their human rights in the country. The article begins by defining, delimiting, and situating the concepts “struggle” and “human rights as struggle.” It then moves on to identify and discuss the factors that make the struggles that the poor and the subaltern must wage to realize their human rights a tough one. Following this discussion, the article turns its attention to its main focus, i.e., an analytical examination of the ways in which the corpus …
Welfare Queens And White Trash, Lisa R. Pruitt
Welfare Queens And White Trash, Lisa R. Pruitt
Lisa R Pruitt
Malleable Law: The (Mis)Use Of Legal Tools In The Pursuit Of A Political Agenda, Manuel A. Gomez
Malleable Law: The (Mis)Use Of Legal Tools In The Pursuit Of A Political Agenda, Manuel A. Gomez
Manuel A. Gómez
This paper explores the manipulative use of the law for political gain. It describes instances in which law is distorted and camouflaged under an apparent goal of pursuing justice, social change or development, but its real function is to facilitate the attainment of self-interested political gains or other ends. The malleability of law is illustrated in this article with a description of the social programs known as “Misiones Bolivarianas” implemented in Venezuela since 2004. The Misiones were ostensibly portrayed as effective government measures launched to reduce poverty and fight inequality in areas where traditional state institutions had failed.
Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, Jill Engle
Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, Jill Engle
Jill Engle
American women and children have been poor in exponentially greater numbers than men for decades. The problem has historic, institutional roots which provide a backdrop for this article’s introduction. English and early U.S. legal systems mandated a lesser economic status for women. Despite numerous legal changes aimed at combating the financial disadvantage of American women and children, the problem is worsening. American female workers, many in low-paying job sectors, earn roughly twenty percent less than their male counterparts. Nearly forty percent of single mothers and their children subsist below the poverty level. The recession exacerbated this problem, mostly because unemployment …
Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li
Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li
Bertrall L Ross
Which classes are considered suspect under equal protection doctrine? The answer determines whether courts will defer to legislatures and other government actors when they single out a group for special burdens, or intervene to protect that group from such treatment. Laws burdening suspect classes receive the strictest scrutiny possible—and under current doctrine, whether a class is suspect turns largely on whether the court views the group as possessing political power.
But how do courts know when a class lacks political power? A liberal plurality of the Supreme Court initially suggested that political power should be measured according to a group’s …
A Dream Deferred, Ruth-Arlene W Howe
A Dream Deferred, Ruth-Arlene W Howe
Ruth-Arlene W. Howe
Presentation at the MLK Annual Unity Breakfast, Boston College, January 19, 2005.
Poverty, Agency And Resistance In The Future Of International Law: An African Perspective, Obiora Chinedu Okafor
Poverty, Agency And Resistance In The Future Of International Law: An African Perspective, Obiora Chinedu Okafor
Obiora Chinedu Okafor
This article enquires into the likely posture of future international law with respect to African peoples. It does so by focusing on three of the most important issues that have defined, and are likely to continue to define, international law’s engagement with Africans. These are: the grinding poverty in which most Africans live, the question of agency in their historical search for dignity, and the extent to which these African peoples can effectively resist externally imposed frameworks and measures that have negative effects on their social, economic and political experience. International law’s future posture in these respects is considered through …
Behavioral Economics And Poverty [En Español] Behavioral Economics Y Pobreza, Daniel A. Monroy
Behavioral Economics And Poverty [En Español] Behavioral Economics Y Pobreza, Daniel A. Monroy
Daniel A Monroy C
No abstract provided.
An Essay On Poverty And Child Neglect: New Interventions, Joan M. Shaughnessy
An Essay On Poverty And Child Neglect: New Interventions, Joan M. Shaughnessy
Joan M. Shaughnessy
No abstract provided.
The False Choice Between Race And Class And Other Affirmative Action Myths, Lisa R. Pruitt
The False Choice Between Race And Class And Other Affirmative Action Myths, Lisa R. Pruitt
Lisa R Pruitt
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas
International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas
Chantal Thomas
No abstract provided.
World Poverty And Food Insecurity, Carmen G. Gonzalez
World Poverty And Food Insecurity, Carmen G. Gonzalez
Carmen G. Gonzalez
The article draws upon the insights of Yale philosopher Thomas Pogge to suggest a way that we might think about the structural inequities in the global economic order that produce food insecurity. The article argues that chronic undernourishment is not a function of food scarcity, bad weather, or simply bad luck. Rather, it is a function of international political and economic arrangements that systematically benefit the wealthy at the expense of the poor. The article concludes with several legal and policy reforms that the United States and the European Union can adopt to reduce the burdens that our societies place …
For Goodness’ Sake: A Two-Part Proposal For Remedying The U.S. Charity/Justice Imbalance, Fran Quigley
For Goodness’ Sake: A Two-Part Proposal For Remedying The U.S. Charity/Justice Imbalance, Fran Quigley
Fran Quigley
The U.S. approach to addressing economic and social needs strongly favors individual and corporate charity over the establishment and enforcement of economic and social rights. This charity/justice imbalance has a severely negative impact on the nation’s poor, who despite the overall U.S. wealth struggle with inadequate access to healthcare, housing, and nutrition. This article suggests a two-part approach for remedying the charity/justice imbalance in the U.S.: First, the U.S. should eliminate the charitable tax deduction, a policy creation that does not effectively address economic and social needs, forces an inequitable poverty relief and tax burden on the middle class, and …
Gideon's Servants And The Criminalization Of Poverty, Alexandra Natapoff
Gideon's Servants And The Criminalization Of Poverty, Alexandra Natapoff
Alexandra Natapoff
Who's Afraid Of White Class Migrants? On Denial, Discrediting, And Disdain (And Toward A Richer Conception Of Diversity), Lisa R. Pruitt
Who's Afraid Of White Class Migrants? On Denial, Discrediting, And Disdain (And Toward A Richer Conception Of Diversity), Lisa R. Pruitt
Lisa R Pruitt
The False Choice Between Race And Class And Other Affirmative Action Myths, Lisa R. Pruitt
The False Choice Between Race And Class And Other Affirmative Action Myths, Lisa R. Pruitt
Lisa R Pruitt
This article refutes the widely held assumption that affirmative action is appropriate either to support only racial and ethnic minorities or to support only low-income students, but that it cannot or should not support both. Pruitt argues that we need not make such a choice and that we should aspire to socioeconomically diversify higher education institutions—including the most elite sector—with low-income students of all colors. Pruitt thus disputes the framing of Richard Kahlenberg and Richard Sander who have long argued that we should seek socioeconomic diversity in lieu of racial/ethnic diversity, a stance that has needlessly pitted underrepresented minorities against …
Umd Law Students Travel To Haiti On Fact-Finding Trip, Irene Scharf, Justin Steele
Umd Law Students Travel To Haiti On Fact-Finding Trip, Irene Scharf, Justin Steele
Irene Scharf
During spring break Professor Irene Scharf, director of the Immigration Law Clinic at the UMass School of Law in Dartmouth accompanied a group of UMass law students to the Dominican Republic to engage in fact-finding about the conditions of Haitians in the country. This piece was written by Scharf and Justin Steele, executive articles editor of the UMass Law Review.
The Road From Welfare To Work: Informal Transportation And The Urban Poor, Nicole Stelle Garnett
The Road From Welfare To Work: Informal Transportation And The Urban Poor, Nicole Stelle Garnett
Nicole Stelle Garnett
Individuals struggling to move from welfare to work face numerous obstacles. This Article addresses one of those obstacles: lack of transportation. Without reliable transportation, many welfare recipients are unable to find and maintain jobs located out of the reach of traditional forms of public transportation. Professor Garnett argues that lawmakers should remove restrictions on informal van or jitney services, allowing entrepreneurs to provide low-cost transportation to their communities. This reform would not only help people get to work, but it could also provide jobs for low-income people.
Gideon's Promise And Peril, Alexandra Natapoff