Law Commons^™

Data Note: Work Incentives And Ssi Recipients With Intellectual Disabilities, Frank A. Smith, John Butterworth

Data Note Series, Institute for Community Inclusion

Congress has enacted a number of work incentive programs for Supplemental Security Income (SSI) recipients with disabilities after concluding additional incentives were necessary to help individuals become self-supporting. Moreover, Congress has noted that individuals who could work outside of sheltered workshops might have been discouraged from doing so by the fear of losing their benefits before they had established for themselves the capability for continued self-support. In this Data Note, we explore the degree to which SSI recipients with Intellectual Disabilities (ID) work and participate in these incentive programs.

Unaffordable “Affordable” Housing: Challenging The U.S. Department Of Housing And Urban Development Area Median Income, Michael E. Stone

Center for Social Policy Publications

There is no such thing as “affordable” housing. Affordability is not a characteristic of housing: It is a relationship between housing and people. For some people, all housing is affordable, no matter how expensive. For others, no housing is affordable, no matter how cheap.

Salt Equalizer, Vol. 2009, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of This Issue:

Deborah Waire Post & Margaret Martin Barry, Co-Presidents' Column, at 1.

Hazel Weiser, Executive Director's Column, at 1.

Tayyab Mahmud, SALT Board of Governors Elections: Meet the Candidates, at 4.

Roberg Chang, Second Biennial Law School Leadership Workshop, at 6.

Ruben Garcia, SALT-LatCrit Junior Faculty Development Workshop, at 6.

Nancy Cook, Service Day in New Orleans, at 7.

Ruben Garcia, 2010 SALT Annual Dinner to Honor Professor Frank Valdes, at 7.

Hazel Weiser, Poverty Law Teaching Conference, at 7.

Ngai Pindell, SALT Teaching Conference, at 8.

Marjorie …

Sunburst School District No. 2 V. Texaco, Inc.: Rethinking Restoration Damages As A Remedy For Tortious Injury To Land And Property, Randy Tanner

Montana Law Review

Rethinking Restoration Damages

Recent Decisions Affecting The Montana Practitioner

Montana Law Review

Recent Decisions

Montana Groundwater Law In The Twenty-First Century, John B. Carter

Montana Law Review

Montana Groundwater Law

Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein

Faculty Publications

No abstract provided.

Book Review Of Unspeakable: The Story Of Junius Wilson, Michael Ashley Stein, Aviam Soifer

Faculty Publications

No abstract provided.

Standing Still In The Roberts Court, Jonathan H. Adler

Faculty Publications

In 2007, The New York Times reported "limiting the ability of plaintiffs to bring or appeal lawsuits" had emerged as an early "theme" of the Roberts Court. The Wall Street Journal concurred, reporting "the biggest change under Chief Justice Roberts might not involve who wins on the merits" but "who gets through the courthouse door in the first place." An early consensus is emerging... that one effect of the Roberts Court is to make it more difficult for prospective plaintiffs to have their day in federal court.

Because standing decisions are more insulated from legislative revision than other sorts of …

Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin Jr.

Faculty Publications

This Article examines the influence of the Americans with Disabilities Act (ADA) on affective attitudes toward children with disabilities and on the incidence of disability-selective abortion. Applying regression analysis to U.S. natality data, we find that the birthrate of children with Down syndrome declined significantly in the years following the ADA’s passage. Controlling for technological, demographic, and cultural variables suggests that the ADA may have encouraged prospective parents to prevent the existence of the very class of people it was designed to protect. We explain this paradox by showing the way in which specific ADA provisions could have given rise …

A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

No abstract provided.

Sunny Samaritans And Egomaniacs: Price-Fixing In The Gamete Market, Kimberly D. Krawiec

Law and Contemporary Problems

Krawiec compares the egg market to sperm market to illustrate the extent to which public-interest rhetoric enables private wealth transfers in the egg market. She also illuminates why such rhetoric is so effective, playing on deeply held societal norms. In addition, she provides an overview of the oocyte business, highlighting issues relating to recruitment, compensation, controversy, retrieval, and risk. She does the same for the sperm business. Furthermore, she discusses the anticompetitive behavior in the egg market and argues that the horizontal price-fixing embodied in the American Society for Reproductive Medicine's pricing guidelines violates the Sherman Act. Lastly, she concludes …

Commercial Surrogate Motherhood And The Alleged Commodification Of Children: A Defense Of Legally Enforceable Contracts, Hugh V. Mclachlan, J. Kim Swales

Law and Contemporary Problems

A surrogate-motherhood arrangement is one in which a woman agrees to bear a child for a commissioning couple. She carries the child through pregnancy and subsequently surrenders the child to the commissioning couple. There are two sorts of surrogate motherhood: genetic and gestational. Here, McLachlan and Swales discuss these two types. They further argue that commercial surrogate-motherhood contracts should be legally enforceable, despite the vociferous and prevalent opposition to them. Also, they argue that they do not involve the commodification of children, nor in other ways are they contrary to the interests of the children concerned. Here, they also present …

Improving Legal Competencies For Obesity Prevention And Control, Wendy Collins Perdue

Law Faculty Publications

Our purpose is to offer action options that will help to improve the legal competencies of public health practitioners and policy decision makers with respect to drafting, interpreting, implementing, and enforcing laws and regulations that are relevant to the effective prevention and control of obesity. The accompanying assessment paper provided a foundation for this agenda by first establishing that legal competence for obesity prevention and control is important for both health professionals, who with proper training can effectively interject health considerations into decision- making processes, and non-health professionals involved with relevant policy and legal work, who with proper training can …

Risks, Rules, And Institutions: A Process For Reforming Financial Regulation, Saule T. Omarova, Adam Feibelman

Cornell Law Faculty Publications

It is fair to say that reforming the regulation of the financial sector is currently one of the most hotly debated issues on the policymaking agenda. Proposals for such reform are proliferating, and the official sector appears committed to adopting at least some meaningful reforms in the near-term. Broadly speaking, this movement toward regulatory reform emphasizes the need for structural reforms, outlines specific rules and regulations targeting primarily the perceived causes of the current crisis, and is carried along by a strong sense of the moment. Rather than add to the body of institutional and substantive proposals, this Article articulates …

The Quiet Metamorphosis: How Derivatives Changed The "Business Of Banking", Saule T. Omarova

Cornell Law Faculty Publications

In the wake of an unprecedented global financial crisis, one of the fundamental questions preoccupying policymakers and students of financial regulation worldwide is "How did we get here?" This Article uncovers and analyzes an important part of our recent regulatory history, which provides a key to understanding some of the deeper, hidden causes of the crisis but whose significance legal scholars have so far failed to appreciate.

The Article examines interpretive letters issued by the Office of the Comptroller of the Currency (OCC), the primary regulator of federally chartered U.S. banks, interpreting the National Bank Act of 1863 to allow …

Joint Criminal Confusion, Jens David Ohlin

Cornell Law Faculty Publications

Article 25 on individual criminal responsibility has generated more conflicting interpretations than any other provision in the Rome Statute. Part of the problem is that it is impossible to construct a coherent and nonredundant interpretation of Article 25(3)(d) on group complicity. Because of unfortunate drafting, both the required contribution and the required mental element are impossible to discern from the inscrutable language. As a result, it is nearly impossible to devise a holistic interpretation of Article 25(3)(d) that fits together with the rest of Article 25 and Article 30 on mental elements. One possible solution is to repair Article 25 …

Framing Red Power: The American Indian Movement, The Trail Of Broken Treaties, And The Politics Of Media, Jason A. Heppler

Department of History: Dissertations, Theses, and Student Research

This study explores the relationship between the American Indian Movement (AIM), national newspaper and television media, and the Trail of Broken Treaties caravan in November 1972 and the way media framed, or interpreted, AIM's motivations and objectives. The intellectual and political currents present in the 1960s, including the ideas of Vine Deloria, Jr., and the successes of the Civil Rights Movement, influenced the development of AIM's ideas about militant tactics and the role media played in social movements. AIM entered the national stage with the occupation of the Bureau oflndian Affairs in late 1972 and used television broadcasts and print …

A Comparison Of Two Theoretical Models Of Procedural Justice In The Context Of Child Protection Proceedings, Twila Wingrove

Department of Psychology: Dissertations, Theses, and Student Research

In this study, the researcher tested two theoretical models of justice in the context of child protection proceedings. Participants read a case file describing a hypothetical child neglect case. The file included the court petition, the caseworker’s court report, a summary of the protective custody hearing, and the judge’s final order. Within the case file, the researcher manipulated four variables: procedural treatment, interpersonal treatment, severity of child neglect, and assigned role (judge or parent). Results of confirmatory factor analyses suggested that a four-factor model of justice judgments best fit the data. Consistent with the organizational justice approach (Colquitt, 2001) the …

Complex Bundled Discounts And Antitrust Policy, Herbert Hovenkamp, Erik Hovenkamp

Buffalo Law Review

No abstract provided.

You Take The Embryos But I Get The House (And The Business): Recent Trends In Awards Involving Embryos Upon Divorce, Mark P. Strasser

Buffalo Law Review

No abstract provided.

School Surveys Of Students: A Triangle That Comes Full Circle Counterpoint And Rebuttal Introduction, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Primary &(And) Secondary Education Law Review Digests

The Journal of Law and Education

No abstract provided.

School Liability: Holding Middle School Liable For Cyber-Bullying Despite Their Implementation Of Internet Usage Contracts Chalk Talks, Algeria Ford

The Journal of Law and Education

No abstract provided.

School Surveys And Children's Education: The Argument For Shared Authority Between Parents And The State Counterpoint And Rebuttal, Maxine Eichner

The Journal of Law and Education

No abstract provided.

Surveys In America's Classrooms: How Much Do Parents Really Know - Some Further Perspectives Counterpoint And Rebuttal, Tara Dahl

The Journal of Law and Education

No abstract provided.

Universities &(And) Ther Institutions Of Higher Learning Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Shedding Their Rights At The Schoolhouse Gate: Morse V. Frederick And The Student's Right To Free Speech Chalk Talks, Thomas Patteson

The Journal of Law and Education

No abstract provided.

The Spirit Of The Legal Academy – For Three Years Or For Life?: Some Personal Observations, Robert T. Bockman

Faculty Publications

No abstract provided.

How Would Jack Do It?, William R. Greiner

Buffalo Law Review

No abstract provided.