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Social Welfare Law

Seattle University School of Law

Articles 1 - 9 of 9

Full-Text Articles in Law

“Surplus Humanity" And The Margins Of Legality: Slums, Slumdogs, And Accumulation By Dispossession, Tayyab Mahmud Jan 2011

“Surplus Humanity" And The Margins Of Legality: Slums, Slumdogs, And Accumulation By Dispossession, Tayyab Mahmud

Faculty Articles

Marooned on the outskirts of the law, more than one billion people worldwide live in urban slums and squatter settlements, mostly in the global South. Law, extra-legality, and illegality commingle in urban slums to produce spaces and subjects at the margins of legal orders and formal economies. Three enduring and inter-related features of capitalism-accumulation by dispossession, a reserve army of labor, and an informal sector of the economy-produce and sustain urban slums. The genesis and persistence of slums and slum-dwellers testify to the iron fist of the state working in concert with the hidden hand of the market in the …


Lifting Burdens: Proof, Social Justice, And Public Assistance Administrative Hearings, Lisa Brodoff Jan 2010

Lifting Burdens: Proof, Social Justice, And Public Assistance Administrative Hearings, Lisa Brodoff

Faculty Articles

In "Lifting Burdens: Proof, Social Justice, and Public Assistance Administrative Hearings," Lisa Brodoff describes the administrative hearing system for public assistance recipients and applicants, and asserts that it is the primary social justice system for the poor. She discusses why public assistance appellants are always placed at a significant disadvantage in this system. The article proposes that the best way to even out the inequities in adjudications is to always place the burdens of production and persuasion by clear and convincing evidence on the government in these hearings. She argues that policy, efficiency, and fairness require a consistent and heavy …


Slums, Slumdogs, And Resistance, Tayyab Mahmud Jan 2010

Slums, Slumdogs, And Resistance, Tayyab Mahmud

Faculty Articles

No abstract provided.


Tax And Economic Policy Responses To The Medicaid Long-Term Care Financing Crisis: A Behavioral Economics Approach, Diane Lourdes Dick Jan 2007

Tax And Economic Policy Responses To The Medicaid Long-Term Care Financing Crisis: A Behavioral Economics Approach, Diane Lourdes Dick

Faculty Articles

This article contributes to the prominent dialogue surrounding the healthcare financing crisis. It does so by analyzing policy solutions using consumer choice theory.


Note: The Impact Of Medicaid Estate Recovery On Nontraditional Families, Diane Lourdes Dick Jan 2005

Note: The Impact Of Medicaid Estate Recovery On Nontraditional Families, Diane Lourdes Dick

Faculty Articles

This article analyzes the impact of Medicaid estate recovery laws on nontraditional families, and offers policy solutions that protect families from unintended consequences while preserving the fiscal integrity of the Medicaid program.


Undeserving Addicts: Ssi/Ssd And The Penalties Of Poverty, Dean Spade Jan 2002

Undeserving Addicts: Ssi/Ssd And The Penalties Of Poverty, Dean Spade

Faculty Articles

Since the late 1980's, American media and politicians have produced and participated in a moral panic around the issue of illegal drug use. This panic has generated vivid pictures in the American imagination of drug users as a morally depraved, irresponsible, and willfully criminal underclass. Such images have fueled the "war on drugs," a multi-faceted rhetoric and policy approach to drug use that focuses on incarceration, interdiction, and other criminal justice strategies. The punitive approach of the war on drugs has bled into poverty and disability policy with alarming persistence. The trend has influenced numerous poverty alleviation and disability programs …


The Effect Of Welfare Reform On Immigrant Children, Gillian Dutton Jan 1999

The Effect Of Welfare Reform On Immigrant Children, Gillian Dutton

Faculty Articles

Welfare reform's changes in immigration laws-aimed at working-age adults-may have a lasting effect on immigrant children in the United States. By familiarizing themselves with the most common barriers to assistance and ways to overcome them, advocates can help immigrant children access the benefits they need to lead better lives.


Community Institution Building: A Response To The Limits Of Litigation In Addressing The Problem Of Homelessness, Ronald Slye Jan 1991

Community Institution Building: A Response To The Limits Of Litigation In Addressing The Problem Of Homelessness, Ronald Slye

Faculty Articles

This article draws upon the experiences of the Jerome N. Frank Legal Services Organization at Yale Law School to argue that, while litigation has a place in addressing both the problem of homelessness and the problems of the homeless, it must be placed within a broader context and supplemented by other, non-litigious, legal activity. Using as an example a lawsuit brought on behalf of homeless families in Connecticut, this article makes four observations which support the conclusion that litigation, used alone, is an ineffective means of addressing the problem of homelessness.


The Impact Of Reagan-Era Politics On The Federal Medicaid Program, Ken Wing Jan 1983

The Impact Of Reagan-Era Politics On The Federal Medicaid Program, Ken Wing

Faculty Articles

The political future may be difficult to predict with specificity, but surely the level of publicly-sponsored medical care for the poor will be severely reduced in the coming years, leaving millions of poor Americans to rely on the charitable capacity of the nation's health care providers-or simply to go without. What follows is an attempt to support this characterization of Medicaid and its political future. Section I of this article is a description of Medicaid, its structure prior to 1981, and the legal and political history of its development and implementation. In addition to providing the basis for understanding the …