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Articles 661 - 690 of 700
Full-Text Articles in Law
Troubled Marriage Of Retirement Security And Tax Policies, Michael J. Graetz
Troubled Marriage Of Retirement Security And Tax Policies, Michael J. Graetz
Faculty Scholarship
This Article concentrates on equitable and distributional aspects of the retirement security problem, although the unified view taken here seems essential to an adequate assessment of the fairness or efficacy either of the three components taken together or of any one of the three. Moreover, because tax legislation serves as the dominant public mechanism for implementing national retirement policy, whether through funding Social Security via the payroll tax or providing tax incentives for both private pensions and individual savings, a unified view of retirement security policy highlights interrelationships, confluences, and potential conflicts between retirement security and tax policy concerns.
This …
Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin
Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching consent decree that mandates specific reforms in policy and practice to be implemented by a public social welfare agency in its delivery of services to foster children and their families.
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Publications
No abstract provided.
An Offer She Can’T Refuse: When Fundamental Rights And Conditions On Government Benefits Collide, Marie Failinger
An Offer She Can’T Refuse: When Fundamental Rights And Conditions On Government Benefits Collide, Marie Failinger
Faculty Scholarship
This article criticizes the Maher/Harris conditions doctrine on two levels. At the first level, it suggests that the Maher/Harris doctrine cannot justify the Court’s decisions to uphold government withdrawals of funding from rights-exercises. At the second level, after exposing and contrasting the definitional presuppositions of the Court in Maher and Harris with previous cases, the article suggests that the Maher/Harris doctrine is a failure because it uses utterly inadequate rights theory to resolve emerging issues of conflicting human need and conscience, issues which are mediated by government action. The author creates a space for a discussion of a new framework …
Rights And Redistribution In The Welfare System, William H. Simon
Rights And Redistribution In The Welfare System, William H. Simon
Faculty Scholarship
The term "right" has a wide variety of connotations. On a very general level, it connotes a social commitment to the dignity and autonomy of the individual, an "affirmation of free human subjectivity against the constraints of group life." On a somewhat more specific level, one can distinguish procedural and substantive connotations. Procedural connotations concern official enforcement institutions. For example, in American legal culture, "right" often connotes judicial enforceability. Substantive connotations concern benefits or powers, such as freedom of speech or ownership of property, in civil society.
This essay is about the substantive connotations of the notion of "right" that …
Job Satisfaction And Job Performance: A Meta-Analysis, Michelle Iaffaldano [Graef], Paul M. Muchinsky
Job Satisfaction And Job Performance: A Meta-Analysis, Michelle Iaffaldano [Graef], Paul M. Muchinsky
Center on Children, Families, and the Law: Faculty Publications
The assumption that job satisfaction and job performance are related has much intuitive appeal, despite the fact that reviewers of this literature have concluded there is no strong pervasive relation between these two variables. The present meta-analytic study demonstrates that (a) the best estimate of the true population correlation between satisfaction and performance is relatively low (.17); (b) much of the variability in results obtained in previous research has been due to the use of small sample sizes, whereas unreliable measurement of the satisfaction and performance constructs has contributed relatively little to this observed variability in correlations; and (c) nine …
The Invention And Reinvention Of Welfare Rights, William H. Simon
The Invention And Reinvention Of Welfare Rights, William H. Simon
Faculty Scholarship
This essay contrasts the jurisprudence of welfare entitlement developed by social workers during and after the New Deal with the lawyers' welfare jurisprudence of the past two decades.
I find this contrast interesting for two reasons. First, it brings to light an episode in the intellectual history of the American welfare state that lawyers have ignored – the development of an understanding of welfare as a legal right by another profession long before Charles Reich's The New Property and the literature that followed it made such a notion current among lawyers. Second, the contrast between the social workers' and the …
Public Land Banking And Mount Laurel Ii — Can There Be A Symbiotic Relationship?, Cassandra Jones Havard
Public Land Banking And Mount Laurel Ii — Can There Be A Symbiotic Relationship?, Cassandra Jones Havard
All Faculty Scholarship
The story behind the litigation that produced two decisions in Southern Burlington County NAACP v. Township of Mount Laurel may accurately be told in terms of plans having gone awry. The New Jersey Supreme Court invalidated the two attempts by Mount Laurel to regulate land through the implementation of fiscal zoning ordinances. In its most recent decision, Mount Laurel II, the court imposed upon communities a state constitutional obligation to provide adequate housing opportunities for low- and moderate-income families. Mount Laurel II thus defines the constitutional limitations on a municipality's power to regulate land. It also establishes a supporting corollary: …
The Absence Of Justice, Robert Dinerstein
The Absence Of Justice, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Minnesota Commitment Act Of 1982 Summary And Analysis, Eric S. Janus, Richard M. Wolfson
The Minnesota Commitment Act Of 1982 Summary And Analysis, Eric S. Janus, Richard M. Wolfson
Faculty Scholarship
Minnesota law governing commitments has been substantially
revised and recodified in the Minnesota Commitment Act of 1982.
The prior law is repealed and the new law is substituted for it effective
August 1, 1982.
This article has three purposes. First, the significant changes in
the civil commitment law are identified and their implications explored.
Second, where appropriate, the legal background underlying
the changes is explored in order to place the changes in context.
Third, the article identifies ambiguities and inconsistencies in the
Act, posits resolutions, and suggests areas for legislative attention.
A Road Map To Adjudication Under The Medical-Vocational Guidelines, J.P. "Sandy" Ogilvy
A Road Map To Adjudication Under The Medical-Vocational Guidelines, J.P. "Sandy" Ogilvy
Scholarly Articles
No abstract provided.
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Publications
No abstract provided.
The Impact Of Reagan-Era Politics On The Federal Medicaid Program, Ken Wing
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 …
Legality, Bureaucracy, And Class In The Welfare System, William H. Simon
Legality, Bureaucracy, And Class In The Welfare System, William H. Simon
Faculty Scholarship
When lawyers confronted the welfare system in the 1960's, they charged it with oppressive moralism, personal manipulation, and invasion of privacy. They focused attention on the "man-in-the-house" rules that disqualified families on the basis of the mother's sexual conduct and the "midnight raids" in which welfare workers forced their way into recipients' homes searching for evidence of cohabitation.
When I represented welfare recipients from 1979 to 1981, the workers showed little interest in policing their morals or intruding on their private lives. The "man-in-the-house" rule and the practice of unannounced or nighttime visits had been repudiated. Yet the pathologies emphasized …
The Social Security Court Proposal: A Critique, J.P. "Sandy" Ogilvy
The Social Security Court Proposal: A Critique, J.P. "Sandy" Ogilvy
Scholarly Articles
Following a brief description of the present system of judicial review of social security decisions, and a look at the proposed Social Security Court alternative, this article examines in some detail the reasons generally suggested as compelling the creation of a specialty court. Next, the article examines the goals and values of judicial review and discusses the Social Security Court concept as a vehicle to achieve these goals and values. Finally, the article suggests several less drastic legislative, administrative and judicial alternatives to a special court.
The Art Of Decoupling: Keeping Social Security's Promise Up-To-Date, Peter W. Martin
The Art Of Decoupling: Keeping Social Security's Promise Up-To-Date, Peter W. Martin
Cornell Law Faculty Publications
No abstract provided.
Public Assurance Of An Adequate Minimum Income In Old Age: The Erratic Partnership Between Social Insurance And Public Assistance, Peter W. Martin
Public Assurance Of An Adequate Minimum Income In Old Age: The Erratic Partnership Between Social Insurance And Public Assistance, Peter W. Martin
Cornell Law Faculty Publications
No abstract provided.
A Way Out Of The Social Security Jurisdiction Tangle, John M. Rogers
A Way Out Of The Social Security Jurisdiction Tangle, John M. Rogers
Law Faculty Scholarly Articles
When Congress recently eliminated the $10,000 amount-in-controversy requirement for federal question jurisdiction in suits against the United States, its agencies, and its officers, Congress effectively resolved, for most cases, the problem of finding subject matter jurisdiction for federal judicial review of federal administrative agency action. Whatever the resolution of such distinct issues as whether there is a cause of action, whether sovereign immunity is waived, and whether administrative remedies have been exhausted, subject matter jurisdiction, at least, will be provided, if nowhere else, by the amended federal question jurisdiction statute, 28 U.S.C. § 1331. The applicability of section 1331, however, …
State Restrictions On Medicaid Coverage Of Medically Necessary Services, Lucinda M. Finley
State Restrictions On Medicaid Coverage Of Medically Necessary Services, Lucinda M. Finley
Journal Articles
No abstract provided.
Welfare Law: A Challenging Field For Lawyers, Peter W. Martin
Welfare Law: A Challenging Field For Lawyers, Peter W. Martin
Cornell Law Faculty Publications
The profusion of welfare laws has created a legitimate demand for more welfare lawyers with a broad view of the programs.
Social Security Benefits For Spouses, Peter W. Martin
Social Security Benefits For Spouses, Peter W. Martin
Cornell Law Faculty Publications
No abstract provided.
The Twilight Of Welfare Criminology, Stephen J. Morse
The Twilight Of Welfare Criminology, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Mathews V. Goldfarb, Lewis F. Powell Jr.
Mathews V. Goldfarb, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse
The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
The Definition Of Disability In Social Security And Supplemental Security Income: Drawing The Bounds Of Social Welfare Estates, Lance Liebman
The Definition Of Disability In Social Security And Supplemental Security Income: Drawing The Bounds Of Social Welfare Estates, Lance Liebman
Faculty Scholarship
Federal aid to the disabled is a vast enterprise; over nine billion dollars are annually paid to five million beneficiaries. In this Article, Professor Liebman points out how the ad hoc nature of social welfare legislation and programming has resulted in a system that produces inconsistent and sometimes inequitable determinations of disability. The present system, he argues, draws significant economic and social distinctions among the disabled, as well as distinctions between the disabled and the unemployed, that have been inadequately explained and justified. By focusing on worker expectations generated by the administration of our disability programs, and on the structural …
Usery V. Turner Elkhorn Mining Company, Lewis F. Powell Jr.
Usery V. Turner Elkhorn Mining Company, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Welfare Law: The Problem Of Terminology, Peter W. Martin
Welfare Law: The Problem Of Terminology, Peter W. Martin
Cornell Law Faculty Publications
No abstract provided.
Book Review, Emily Calhoun Carssow
A Federal Ombudsman, Roger C. Cramton
A Federal Ombudsman, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott
The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott
Faculty Scholarship
The constitutional mandates of procedural due process have been more sharply defined in recent years as a result of the decision of the Supreme Court in Goldberg v. Kelly. Although the full extent of the doctrine has not yet been delimited, the core proposition seems well established that in the absence of an overriding governmental interest, procedural -due process requires that an individual be accorded notice and a hearing prior to an administrative decision that would adversely affect his ability to subsist by contemporary standards. In applying this principle to the termination of public assistance payments, the Court in …