Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (6)
- University of Michigan Law School (6)
- Fordham Law School (5)
- American University Washington College of Law (4)
- University of Pennsylvania Carey Law School (3)
-
- Brigham Young University Law School (1)
- Columbia Law School (1)
- Georgetown University Law Center (1)
- Loyola University Chicago, School of Law (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- Selected Works (1)
- SelectedWorks (1)
- UIC School of Law (1)
- University of Colorado Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- William & Mary Law School (1)
- Keyword
-
- Social Welfare (7)
- Law and Society (5)
- Children (3)
- Kaplow (Louis) (3)
- Legislation (3)
-
- Shavell (Steven) (3)
- Welfare economics (3)
- Administration Law (2)
- Criminal Law and Procedure (2)
- Disability (2)
- Drugs (2)
- Ethics (2)
- Fair Information Practices (2)
- Family (2)
- Incarceration (2)
- Judges (2)
- Judicial Review (2)
- Politics (2)
- Poverty (2)
- Poverty law (2)
- Religion (2)
- Social Security (2)
- Social Welfare Law (2)
- Utility (2)
- Welfare (2)
- Welfare Reform (2)
- Welfare reform (2)
- Welfarism (2)
- (1)
- Advocacy of Imminent Illegality Rule (1)
- Publication
-
- ExpressO (6)
- Fordham Urban Law Journal (5)
- All Faculty Scholarship (3)
- Articles (3)
- Michigan Law Review (3)
-
- American University Law Review (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Brigham Young University Journal of Public Law (1)
- Edward Ivan Cueva (1)
- Faculty Scholarship (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Indiana Law Journal (1)
- Journal Articles (1)
- Public Interest Law Reporter (1)
- Publications (1)
- Scholarly Works (1)
- UIC Law Review (1)
- University of Michigan Journal of Law Reform (1)
- University of Richmond Law Review (1)
- Vincent D. Rougeau (1)
- William & Mary Journal of Race, Gender, and Social Justice (1)
- Publication Type
Articles 1 - 30 of 38
Full-Text Articles in Law
Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko
Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko
ExpressO
Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.
Social Welfare, Human Dignity, And The Puzzle Of What We Owe Each Other, Amy L. Wax
Social Welfare, Human Dignity, And The Puzzle Of What We Owe Each Other, Amy L. Wax
All Faculty Scholarship
Proponents of work-based welfare reform claim that moving the poor from welfare to work will advance the goals of economic self-reliance and independence. Reform opponents attack these objectives as ideologically motivated and conceptually incoherent. Drawing on perspectives developed by luck egalitarians and feminist theorists, these critics disparage conventional notions of economic desert, find fault with market measures of value, debunk ideals of autonomy, and emphasize the pervasiveness of interdependence and unearned benefits within free market societies. These arguments pose an important challenge to justifications usually advanced for work-based welfare reform. Reform proponents must concede that no member of society can …
Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman
Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman
American University Law Review
Federal employment strategies for people with disabilities do not seem to be working. Scholars argue that the Americans with Disabilities Act and similar legislation that exemplify the disability theory of integrationism with the goal of integrating people with disabilities into mainstream employment cannot succeed. Society cannot eradicate barriers to employment for people with disabilities simply by the integrationist modest approach of reasonable accommodation. A post-integrationist approach may be required to provide legitimate equal employment opportunities for people with disabilities.
In December 2002, the General Accounting Office released its report on its study of three federal business tax incentives to encourage …
Legal Issues Involving Children, Robert E. Shepherd Jr.
Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
ExpressO
In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be
Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch
Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch
University of Michigan Journal of Law Reform
The federal Supplemental Security Income (SSI) program provides cash benefits to financially needy persons who are 65 years of age or older, blind, or disabled. It also provides cash benefits to children with disabilities under the age of 18. This Article examines three sets of regulatory efforts to implement special disability standards for children, based first on the original SSI legislation, then on a seminal Supreme Court decision, and finally on amendments to the Social Security Act overruling the Court's decision, and shows how the "sequential evaluation process," which has been useful for adjudicating adult disability claims, has been a …
Biological Factors Associated With Aggression And Violent Behavior: A Comparative Analysis Of Scientific, Societal, And Legal Dimensions, Troy M. Bear
ExpressO
No abstract provided.
The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt
The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt
ExpressO
No abstract provided.
Procreative Freedom And Convicted Criminals In The United States And The United Kingdom: Is Child Welfare Becoming The New Eugenics?, Elaine E. Sutherland
Procreative Freedom And Convicted Criminals In The United States And The United Kingdom: Is Child Welfare Becoming The New Eugenics?, Elaine E. Sutherland
ExpressO
International law rightly accords procreative freedom a high order of respect and it is easy to understand why that is so. Eugenics, which was advanced initially with good intentions in the belief that it was, indeed, scientific, provides us with a clear example of the dangers that can result from failing to respect procreative freedom. Usually the law in the various parts of the US and the UK mirrors international law’s respect for procreative freedom. Another principle, promoted by international law and, again, given considerable prominence in US and UK jurisprudence, is that the welfare of the child is of …
The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron
The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron
ExpressO
No abstract provided.
Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey
Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey
Indiana Law Journal
No abstract provided.
What (If Anything) Can Economics Say About Equity?, Daniel A. Farber
What (If Anything) Can Economics Say About Equity?, Daniel A. Farber
Michigan Law Review
Does economics have anything to teach us about the meaning of fairness? The leading practitioners of law and economics disagree. Judge Richard Posner argues that economics is largely irrelevant to distributive issues. Posner maintains that the most useful economic measure of social welfare is cost-benefit analysis (which he calls wealth maximization). But, he observes, this economic measure "ratifies and perfects an essentially arbitrary distribution of wealth." Given an ethically acceptable initial assignment of wealth, rules based on economic efficiency may have some claim to be considered fair. On the critical issue of distributional equity, however, Posner apparently believes that economics …
The New Privacy, Paul M. Schwartz, William M. Treanor
The New Privacy, Paul M. Schwartz, William M. Treanor
Michigan Law Review
In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. In the past forty years, formal claims to government benefits have become more tenuous rather than more secure. …
The Lonely Pragmatist: Humanitarian Intervention In An Imperfect World, David Vessel
The Lonely Pragmatist: Humanitarian Intervention In An Imperfect World, David Vessel
Brigham Young University Journal of Public Law
No abstract provided.
Of Child Welfare And Welfare Reform: The Implications For Children When Contradictory Policies Collide, Kay P. Kindred
Of Child Welfare And Welfare Reform: The Implications For Children When Contradictory Policies Collide, Kay P. Kindred
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Should We All Be Welfare Economists?, Richard H. Fallon Jr.
Should We All Be Welfare Economists?, Richard H. Fallon Jr.
Michigan Law Review
On what normative foundation should the edifice of law and public policy be built? What are proper grounds for claims of individual right, and how, generally, do those grounds relate to considerations of individual well-being and social welfare? In this Essay, I argue that individual well-being and a related concept of social welfare should be important considerations in the design of legal rules, but not the exclusive ones. When the notion of well-being receives substantive content, the most plausible and attractive definitions all allow a distinction between what will best promote a person's well-being and what that person might rationally …
On Statutory Rape, Strict Liability, And The Public Welfare Offense Model, Catherine L. Carpenter
On Statutory Rape, Strict Liability, And The Public Welfare Offense Model, Catherine L. Carpenter
American University Law Review
Statutory Rape. At the center of a long-standing debate on whether its commission should require proof of a criminal mens rea, the prosecution of statutory rape offers a revealing look at the struggle to demarcate the parameters of the public welfare offense doctrine. Specifically, with respect to statutory rape, disagreement is deep and entrenched on whether statutory rape should be categorized as a public welfare offense, which would render irrelevant defendant's lack of knowledge of the victim's age. And despite wholesale revamping of state statutory rape laws on issues of age, gender, and potential grading and punishment, the debate on …
New Jersey Supreme Court To Consider Controversial Family Cap Welfare Provision, Jessica Hunter
New Jersey Supreme Court To Consider Controversial Family Cap Welfare Provision, Jessica Hunter
Public Interest Law Reporter
No abstract provided.
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
All Faculty Scholarship
Welfare reform legislation enacted in 1996, which created the Temporary Assistance for Needy Families (TANF) program, makes entitlement to federal poor relief conditional on fulfilling work requirements. The article addresses the following timely question: whether just liberal societies should require work as a condition of public assistance for the able-bodied, or whether aid should be provided unconditionally through, for example, a basic guaranteed income for all. Drawing on the work of liberal egalitarian theorists, the article investigates whether standard liberal theories of justice can help make sense of arguments commonly voiced in favor of work requirements: that unconditional welfare guarantees, …
Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor
Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor
UIC Law Review
No abstract provided.
Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers
Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …
Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil
Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Short History Of Poverty Lawyers In The United States, Deborah J. Cantrell
A Short History Of Poverty Lawyers In The United States, Deborah J. Cantrell
Publications
No abstract provided.
Is There Hope For Hope Vi?: Community Economic Development And Localism, Ngai Pindell
Is There Hope For Hope Vi?: Community Economic Development And Localism, Ngai Pindell
Scholarly Works
HOPE VI is a competitively funded, public housing redevelopment program with several competing goals. First, it seeks to revitalize deteriorated inner city communities. Second, the program attempts to transform dense, high-rise public housing that has housed the lowest income tenants into developments that are more integrated with surrounding communities in terms of architecture, economics, and aesthetics. Third, the program aspires to provide public housing residents opportunities for social and economic mobility through improvements in physical design and program offerings. The HOPE VI design encompasses demolishing existing "distressed" public housing developments, rebuilding these developments with fewer public housing units, and housing …
Child Placement Decisions: The Relevance Of Facial Resemblance And Biological Relationships, David J. Herring
Child Placement Decisions: The Relevance Of Facial Resemblance And Biological Relationships, David J. Herring
Articles
This article discusses two studies of evolution and human behavior addressing child-adult relationships and explores implications for policies and practices surrounding placement of children in foster homes. The first study indicates that men favor children whose facial features resemble their own facial features. This study may justify public child welfare decisionmakers in considering facial resemblance as they attempt to place children in safe foster homes.
The second study indicates that parents are likely to invest more in children who are biologically related to them, thus enhancing their long term well-being. Among other implications, this study may justify public child welfare …
Redistributing Optimally: Of Tax Rules, Legal Rules, And Insurance, Kyle D. Logue, Ronen Avraham
Redistributing Optimally: Of Tax Rules, Legal Rules, And Insurance, Kyle D. Logue, Ronen Avraham
Articles
From the beginning of the law and economics movement, normative legal economists have focused almost exclusively on evaluating the efficiency of alternative legal rules. The distributional consequences of legal rules, therefore, have largely been ignored. It is tempting to conclude that legal economists are hostile or indifferent to concerns of distributional fairness. In fact, however, the discipline of economics has a great deal to say about distributional policy. The normative branch of economics, known as welfare economics, has always been deeply concerned with distributional issues. It is not that welfare economists purport to know a priori the "right" or "optimal" …
The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang
The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang
All Faculty Scholarship
The immigration of unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal egalitarian ideals. These ideals would treat these resident workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of all incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of unskilled …
The New Privacy, Paul M. Schwartz, William Michael Treanor
The New Privacy, Paul M. Schwartz, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
This article reviews Overseers of the Poor: Surveillance, Resistance and the Limits of Privacy John Gilliom (2001).
In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. …
Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland
Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland
Fordham Urban Law Journal
This Article identifies and estimates the ecological dynamics of increasing spatial and social concentration of incarcerated individuals in urban neighborhoods using data from New York City between 1985 and 1997. It argues that this dynamic becomes self-sustaining and reinforcing over time. In conclusion, the Article discusses how high incarceration rates impact the relationships between citizens and the law, directly affecting residents and influencing policy preferences of non-residents.