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Full-Text Articles in Law

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann Nov 1990

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann

Faculty Scholarship

This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …


Religious Liberty In The Welfare State, Richard A. Epstein Feb 1990

Religious Liberty In The Welfare State, Richard A. Epstein

William & Mary Law Review

No abstract provided.


Threat To Religious Liberty By The Welfare State: An Illusion, Bruce Fein Feb 1990

Threat To Religious Liberty By The Welfare State: An Illusion, Bruce Fein

William & Mary Law Review

No abstract provided.


Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen Feb 1990

Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen

William & Mary Law Review

No abstract provided.