Law Commons^™

Race, Space And Place: The Geography Of Economic Development, Audrey Mcfarlane

All Faculty Scholarship

This Article examines the extent to which the Empowerment Zones Program is properly viewed as a neutral, rational, and beneficial program for poor, inner-city communities and their residents by exploring the limits and potential of its chief mechanism, economic development, as a tool to achieve social justice for the inner cities. This Article grounds its exploration within the contested terrain of the city, not simply as a legal or juridical concept, but in terms of its reality as a lived place on the eve of the 21st century. By explicating some of the unwritten rules and processes of economic development …

Is Progressive Constitutionalism Possible?, Robin West

Georgetown Law Faculty Publications and Other Works

Progressivism is in part a particular moral and political response to the sadness of lesser lives, lives unnecessarily diminished by economic, psychic and physical insecurity in the midst of a society or world that offers plenty. This insecurity is unjust and should end; the suffering should be alleviated, and those lives should be enriched. To do so must be one of the goals of a morally just or justifiable state. Not all suffering and not all lesser lives, of course, give rise to such a response. The suffering attendant to accident, disease, war and happenstance is neither entirely chargeable to …

Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold

Journal Articles

No abstract provided.

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.

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Publications

No abstract provided.

The Wages Of Welfare Reform: A Report On New York City's Job Centers, Rebecca L. Scharf, Barry Bassis, Lorraine Doran, Benjamin Dewitt Duke, Donald Friedman, Matthew Schneider

Scholarly Works

Waving the banner of welfare reform, President Clinton signed historic legislation in August 1996 abolishing poor families' federal entitlement to direct cash assistance and replacing it with a decentralized system of conditional block grants to the states. To qualify for these grants, most states—including New York—overhauled their own welfare systems and added rigorous new welfare-to-work requirements (the most prominent of which is frequently called "workfare"), as well as other programs which became conditions of eligibility for assistance. Not surprisingly, New York City, with one of the largest and most concentrated welfare populations in the United States, has become a crucible …

Child Care In The Postwelfare Reform Era: Analysis And Strategies For Advocates, Rebecca L. Scharf, Jo Ann C. Gong, Alice Bussiere, Jennifer Light, Marc Cohan, Sherry Leiwant

Scholarly Works

Adequate child care is essential to enable poor women to support their families with work outside the home. In 1994 the U.S. General Accounting Office found that offering a child care subsidy to poor mothers increased the likelihood by 15 percent that the mothers would work. An Illinois study found that 20 percent of parents who left public assistance for work returned to assistance because of child care problems. In Minnesota a study found that lack of child care caused 14 percent of parents awaiting child care subsidies to leave their jobs and rely on public assistance. These studies confirm …

Is There A Caring Crisis?, Amy L. Wax

All Faculty Scholarship

No abstract provided.

Federalism, Welfare Reform And The Minority Poor: Accounting For The Tyranny Of State Majorities, Sheryll D. Cashin

Georgetown Law Faculty Publications and Other Works

The ideals of federalism contributed significantly to the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which repealed the AFDC entitlement program and devolved broad authority to the states to design and administer programs for welfare reform. Professor Cashin challenges the federalist, a priori assumption that states are the natural situs of policy authority concerning the poor. She argues that the Act is likely to yield harmful consequences for the poor-especially the minority poor-because the political economy of state decisionmaking is more hostile to redistributive aims than is that of national decisionmaking.

The Article tests the …

Lost Fidelities, Barry Cushman

Journal Articles

Owen Roberts was accused of a variety of things in 1937, but “fidelity” was not among them. Justice Harlan Fiske Stone and Professor Felix Frankfurter were among many who accused Roberts of performing, as Frankfurter put it, a jurisprudential “somersault” “incapable of being attributed to a single factor relevant to the professed judicial process.” To Frankfurter, it was “all painful beyond words,” and gave him “a sickening feeling which is aroused when moral standards are adulterated in a convent.” Yet when Roberts announced his retirement from the Court eight years later, Chief Justice Stone, along with now-Justices Frankfurter and Robert …

Managed Care, Autonomy, And Decision-Making At The End-Of-Life, Alan Meisel

Articles

Some argue that legalizing physician-assisted suicide poses intolerable risks, especially as we move from a system of fee-for-service health care to managed care. Although we need to be concerned about physician-assisted suicide in the context of managed care, physician-assisted suicide poses risks in a fee-for-service system too. In addition, we need to be concerned about the risks posed not only by physician-assisted suicide but also by the well-accepted practice of forgoing life-sustaining treatment. Instead of focusing on the manner of hastening death or the type of health care system, we need to show more concern for protections to assure that …