Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (10)
- Social Welfare Law (10)
- Civil Rights and Discrimination (8)
- Banking and Finance Law (7)
- Family Law (6)
-
- Social and Behavioral Sciences (6)
- Human Rights Law (5)
- Law and Economics (5)
- Law and Race (5)
- Criminal Procedure (4)
- Legislation (4)
- Criminal Law (3)
- Health Law and Policy (3)
- Housing Law (3)
- Law and Politics (3)
- Legal Profession (3)
- Public Affairs, Public Policy and Public Administration (3)
- Public Law and Legal Theory (3)
- Behavioral Economics (2)
- Constitutional Law (2)
- Economics (2)
- First Amendment (2)
- International Law (2)
- Labor and Employment Law (2)
- Public Policy (2)
- Social Welfare (2)
- State and Local Government Law (2)
- African Studies (1)
- Arts and Humanities (1)
- Institution
-
- Selected Works (9)
- University of Georgia School of Law (6)
- SelectedWorks (3)
- The University of Akron (3)
- Fordham Law School (2)
-
- University of Michigan Law School (2)
- University of the District of Columbia School of Law (2)
- Cleveland State University (1)
- Duke Law (1)
- George Washington University Law School (1)
- Pepperdine University (1)
- Saint Louis University School of Law (1)
- University at Buffalo School of Law (1)
- University of Baltimore Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Oklahoma College of Law (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- William & Mary Law School (1)
- Publication
-
- Popular Media (6)
- Akron Law Review (3)
- Lisa R Pruitt (3)
- All Faculty Scholarship (2)
- Faculty Scholarship (2)
-
- Fordham Law Review (2)
- University of the District of Columbia Law Review (2)
- Alexandra Natapoff (1)
- All Maxine Goodman Levin School of Urban Affairs Publications (1)
- American Indian Law Review (1)
- Articles (1)
- Book Chapters (1)
- Carmen G. Gonzalez (1)
- Chantal Thomas (1)
- Contributions to Books (1)
- Daniel A Monroy C (1)
- Fran Quigley (1)
- GW Law Faculty Publications & Other Works (1)
- Joan M. Shaughnessy (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Michigan Journal of Race and Law (1)
- Obiora Chinedu Okafor (1)
- Ruth-Arlene W. Howe (1)
- Trevor J Calligan (1)
- University of Richmond Law Review (1)
- William & Mary Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 39
Full-Text Articles in Law
A Dream Deferred, Ruth-Arlene W Howe
A Dream Deferred, Ruth-Arlene W Howe
Ruth-Arlene W. Howe
Presentation at the MLK Annual Unity Breakfast, Boston College, January 19, 2005.
Representing Parents With Disabilities, Joshua B. Kay
Representing Parents With Disabilities, Joshua B. Kay
Book Chapters
Parents with disabilities are more likely than other parents to become involved in the child welfare system, and once involved, their cases are more likely to end in termination of parental rights. This chapter covers basic information about parents with disabilities and child welfare involvement, including the prevalence of disability among parents generally and the frequency with which parents with disabilities are involved in child welfare cases. It discusses why these parents are disproportionately involved in child welfare proceedings and the biases of professionals that contribute not only to this frequent involvement but also to the poor outcomes in many …
Personal Responsibility For Systemic Inequality, Martha T. Mccluskey
Personal Responsibility For Systemic Inequality, Martha T. Mccluskey
Contributions to Books
Published as Chapter 15 in Research Handbook on Political Economy and Law, Ugo Mattei & John D. Haskell, eds.
Equality has faded as a guiding ideal for legal theory and policy. An updated message of personal responsibility has helped rationalize economic policies fostering increased inequality and insecurity. In this revised message, economic “losers” should take personal responsibility not only for the harmful effects of their individual economic decisions, but also for the harmful effects of systemic failures beyond their individual control or action. In response to the 2008 financial crisis, this re-tooled message of personal responsibility promoted mass austerity in …
It's Time For A Public Option In Banking, Mehrsa Baradaran
It's Time For A Public Option In Banking, Mehrsa Baradaran
Popular Media
Associate Professor Mehrsa Baradaran published this article in The Harvard Law Record on November 16, 2015. It discusses how post offices can provide ordinary citizens with banking services.
Self-Sufficiency: The Approach Welfare Reform Should Take In Order To Remedy The Shortcomings Of Past Efforts, Ashley Carroll
Self-Sufficiency: The Approach Welfare Reform Should Take In Order To Remedy The Shortcomings Of Past Efforts, Ashley Carroll
Journal of the National Association of Administrative Law Judiciary
This comment will explain the evolution of welfare reform, present some proposals that others have suggested in order to remedy the problems the current system has, and suggest a way to best serve those of a lower socio-economic status. Part II explains the background on welfare reform and why the reform that occurred during the Clinton administration was so revolutionary. It will explain how the progress in the Clinton administration impacted the effectiveness of welfare reform. Part III details how the current welfare programs in place impact the United States, and how the changes by the Obama administration contrast with …
How The Us Post Office Can Save America—And Itself, Matt Phillips
How The Us Post Office Can Save America—And Itself, Matt Phillips
Popular Media
Professor Mehrsa Baradaran is interviewed by Quartz on her thoughts about postal banking.
Drugs For The Indigent: A Proposal To Revise The 340b Drug Pricing Program, Connor J. Baer
Drugs For The Indigent: A Proposal To Revise The 340b Drug Pricing Program, Connor J. Baer
William & Mary Law Review
No abstract provided.
If The U.S. Government Treated Poor People As Well As It Treats Banks, Mehrsa Baradaran
If The U.S. Government Treated Poor People As Well As It Treats Banks, Mehrsa Baradaran
Popular Media
One of the great ironies in modern America is that the less money you have, the more you pay to use it. The country’s “unbanked” must pay high fees to fringe banks to turn their paychecks into cash, pay their monthly bills, or send money to a spouse or a child. The unbanked pay much of their income—up to 10 percent—just to use their money. For these families, the total price of simple financial services each month is more than they spend on food. Indeed, it is very expensive to be poor. This article makes a proposal, transform underused post …
Poverty, Agency And Resistance In The Future Of International Law: An African Perspective, Obiora Chinedu Okafor
Poverty, Agency And Resistance In The Future Of International Law: An African Perspective, Obiora Chinedu Okafor
Obiora Chinedu Okafor
This article enquires into the likely posture of future international law with respect to African peoples. It does so by focusing on three of the most important issues that have defined, and are likely to continue to define, international law’s engagement with Africans. These are: the grinding poverty in which most Africans live, the question of agency in their historical search for dignity, and the extent to which these African peoples can effectively resist externally imposed frameworks and measures that have negative effects on their social, economic and political experience. International law’s future posture in these respects is considered through …
Behavioral Economics And Poverty [En Español] Behavioral Economics Y Pobreza, Daniel A. Monroy
Behavioral Economics And Poverty [En Español] Behavioral Economics Y Pobreza, Daniel A. Monroy
Daniel A Monroy C
No abstract provided.
An Essay On Poverty And Child Neglect: New Interventions, Joan M. Shaughnessy
An Essay On Poverty And Child Neglect: New Interventions, Joan M. Shaughnessy
Joan M. Shaughnessy
No abstract provided.
Postal Banking: A Lifesaver For America's Poor, Mehrsa Baradaran
Postal Banking: A Lifesaver For America's Poor, Mehrsa Baradaran
Popular Media
If banks are not providing credit to the poor, the state should provide it directly.The existing post office framework represents the most promising path toward effectuating such a public option. American banks long ago deserted their most impoverished communities, but post offices, even two centuries later, have remained — still rooted in an egalitarian mission. There have never been barriers to entry at post offices, and their services have been available to all, regardless of income.
Mainstreaming Equality In Federal Budgeting: Addressing Educational Inequities With Regard To The States, Elizabeth K. Hinson
Mainstreaming Equality In Federal Budgeting: Addressing Educational Inequities With Regard To The States, Elizabeth K. Hinson
Michigan Journal of Race and Law
Great Society reformers targeted poverty as the defining characteristic for a novel federal education policy in the United States in 1965. Title I of the Elementary and Secondary Education Act (ESEA), reincarnated within the No Child Left Behind Act of 2001, distributes financial aid to disadvantaged students within public schools solely based upon students’ socioeconomic status. This Article does not dispute that financial resources improve student outcomes, but this Article argues that Title I’s funding formula is ineffective, and a new funding scheme – specifically, a mainstreaming equality funding scheme – must replace it. The implementation of this funding scheme …
The False Choice Between Race And Class And Other Affirmative Action Myths, Lisa R. Pruitt
The False Choice Between Race And Class And Other Affirmative Action Myths, Lisa R. Pruitt
Lisa R Pruitt
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Homelessness: A Post-Industrial Society Faces A Legislative Dilemma, Robert W. Collin, Daniel J. Barry
Homelessness: A Post-Industrial Society Faces A Legislative Dilemma, Robert W. Collin, Daniel J. Barry
Akron Law Review
In American social welfare history, the intent with which one became poor has determined their eligibility for aid from the state. This intent has never been clearly labeled as such. Rather, it has taken the form of equating intentional poverty with those "voluntarily in need," not truly needy or "willfully unemployed." There has not been a distinction between the intention with which one seeks aid, and the intention with which one becomes poor. Recently, such a distinction is emerging in new homelessness legislation. However, the new poverty legislation which grapples with intent will be doing so in a post-industrial society. …
Five Hundred Years Of English Poor Laws, 1349-1834: Regulating The Working And Nonworking Poor, William P. Quigley
Five Hundred Years Of English Poor Laws, 1349-1834: Regulating The Working And Nonworking Poor, William P. Quigley
Akron Law Review
This article will review how the working and the nonworking poor were regulated by 500 years of English poor laws. It will conclude with ideas about the principles which have since evolved to regulate the working and nonworking poor.
Analyzing U.S. Commitment To Socioeconomic Human Rights, Philip C. Aka
Analyzing U.S. Commitment To Socioeconomic Human Rights, Philip C. Aka
Akron Law Review
This Article critiques the U.S. government’s approach to human rights. In particular, it assesses U.S. commitment to socioeconomic human rights. These guarantees encompass, among others, the right to work, including the securement of favorable conditions of work through participation in trade union activities, the right to social security, the right to food, the right to education, the right to adequate health care, and the right to housing, along with the general right to be free from extreme poverty. These rights were inspired by the Universal Declaration, and elaborated by the International Covenant on Economic, Social and Cultural Rights (ICESCR). This …
"I Do For My Kids": Negotiating Race And Racial Inequality In Family Court, Tonya L. Brito, David J. Pate Jr., Jia-Hui Stefanie Wong
"I Do For My Kids": Negotiating Race And Racial Inequality In Family Court, Tonya L. Brito, David J. Pate Jr., Jia-Hui Stefanie Wong
Fordham Law Review
Socio-legal scholarship examining issues of access to justice is currently experiencing a renaissance. Renewed inquiry into this field is urgently needed. Studies confirm that only 20 percent of the legal needs of low- income communities are met and that the vast majority of unrepresented litigants are low income, creating what some call a “justice gap” that has become even more urgent in recent years. State tribunals that deal with high-stakes issues particularly relevant to low-income residents, such as family courts and housing courts, are seeing an increasing number of litigants, the majority of whom are unrepresented.
"First Food" Justice: Racial Disparities In Infant Feeding As Food Oppression, Andrea Freeman
"First Food" Justice: Racial Disparities In Infant Feeding As Food Oppression, Andrea Freeman
Fordham Law Review
Tabitha Walrond gave birth to Tyler Isaac Walrond on June 27, 1997, when Tabitha, a black woman from the Bronx, was nineteen years old. Four months before the birth, Tabitha, who received New York public assistance, attempted to enroll Tyler in her health insurance plan (HIP), but encountered a mountain of bureaucratic red tape and errors. After several trips to three different offices in the city, Tabitha still could not get a Medicaid card for Tyler. Tabitha’s city caseworker informed her that she would have to wait until after Tyler’s social security card and birth certificate arrived to get the …
Hold The Champagne On Ge Capital's Breakup, Mehrsa Baradaran
Hold The Champagne On Ge Capital's Breakup, Mehrsa Baradaran
Popular Media
General Electric announced last week plans to sell off the bulk of its financing arm, GE Capital. Some have claimed that this move is a win for regulators trying to curb "too big to fail" conglomerates and suggested it's a sign that financial reform is working. I'm not so sure. I think it just means that the conglomerates left standing are now even more homogeneous and risk-prone.
Next Generation Tanf: Reconceptualizing Public Assistance As A Vehicle For Financial Inclusion, Aleta Sprague
Next Generation Tanf: Reconceptualizing Public Assistance As A Vehicle For Financial Inclusion, Aleta Sprague
University of the District of Columbia Law Review
Fifty years into the War on Poverty, the ability to fully participate in American economic life is predicated on access to basic financial services and mechanisms; yet, public programs designed to support the economic advancement of people in poverty often explicitly excludeinte nded beneficiaries from meaningful engagement with financial institutions. To promote economic opportunity for families accessing public assistance, we need policy reforms that both remove access barriers and create entry points to the financial mainstream. Safe and affordable financial products are foundational to financial inclusion. Unbanked and "underbanked" households-the vast majority of which are low-income---often rely on high-cost credit, …
Revisiting The War On Poverty: How Policy Can Better Shape The Income And Wages Of Families With Children, Joy Moses
University of the District of Columbia Law Review
Fifty years ago, President Lyndon B. Johnson launched a "War on Poverty" while delivering his first State of the Union address on January 8, 1964. His language conveyed ambitious plans to recreate American society:This budget, and this year's legislative program, are designed to help each and every American citizen fulfill his basic hopes-his hopes for a fair chance to make good; his hopes for fair play from the law; his hopes for a full-time job on full-time pay; his hopes for a decent home for his family in a decent community; his hopes for a good school for his children …
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
University of Richmond Law Review
No abstract provided.
Maggie Walker's Bank, Mehrsa Baradaran
Maggie Walker's Bank, Mehrsa Baradaran
Popular Media
Maggie Walker was the first woman of any race to own a bank. What makes this achievement remarkable is that she was born in 1867 to a former slave in Richmond, Va. Her mother was widowed and left destitute when her father was murdered. She and her mother survived by doing laundry for whites families in the area, an experience that shaped her understanding of wealth and race inequality. But Maggie was a brilliant student and finished high school at 16. She became a teacher, but was forced to quit when she married as it was unlawful for married women …
International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas
International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas
Chantal Thomas
No abstract provided.
World Poverty And Food Insecurity, Carmen G. Gonzalez
World Poverty And Food Insecurity, Carmen G. Gonzalez
Carmen G. Gonzalez
The article draws upon the insights of Yale philosopher Thomas Pogge to suggest a way that we might think about the structural inequities in the global economic order that produce food insecurity. The article argues that chronic undernourishment is not a function of food scarcity, bad weather, or simply bad luck. Rather, it is a function of international political and economic arrangements that systematically benefit the wealthy at the expense of the poor. The article concludes with several legal and policy reforms that the United States and the European Union can adopt to reduce the burdens that our societies place …
For Goodness’ Sake: A Two-Part Proposal For Remedying The U.S. Charity/Justice Imbalance, Fran Quigley
For Goodness’ Sake: A Two-Part Proposal For Remedying The U.S. Charity/Justice Imbalance, Fran Quigley
Fran Quigley
The U.S. approach to addressing economic and social needs strongly favors individual and corporate charity over the establishment and enforcement of economic and social rights. This charity/justice imbalance has a severely negative impact on the nation’s poor, who despite the overall U.S. wealth struggle with inadequate access to healthcare, housing, and nutrition. This article suggests a two-part approach for remedying the charity/justice imbalance in the U.S.: First, the U.S. should eliminate the charitable tax deduction, a policy creation that does not effectively address economic and social needs, forces an inequitable poverty relief and tax burden on the middle class, and …
Equity By The Numbers: Measuring Poverty, Inequality, And Injustice, Matthew D. Adler
Equity By The Numbers: Measuring Poverty, Inequality, And Injustice, Matthew D. Adler
Faculty Scholarship
Can we measure inequity? Can we arrive at a number or numbers capturing the extent to which a given society is equitable or inequitable? Sometimes such questions are answered with a “no”: equity is a qualitative, non-numerical consideration.
This Article offers a different perspective. The difficulty with equity measurement is not the impossibility of quantification, but the overabundance of possible metrics. There currently exist at least four families of equity-measurement frameworks, used by scholars and, to some extent, governments: inequality metrics (such as the Gini coefficient), poverty metrics, social-gradient metrics (such as the concentration index), and equity-regarding social welfare functions. …
Falling Off Balance: How The Tenth Circuit’S Stance On The Implementation Of A Balancing Test Undermines Congressional Intent In Regard To Extending Sovereign Immunity To Economic Entities Of A Tribe, Robert Thomas Redwine
Falling Off Balance: How The Tenth Circuit’S Stance On The Implementation Of A Balancing Test Undermines Congressional Intent In Regard To Extending Sovereign Immunity To Economic Entities Of A Tribe, Robert Thomas Redwine
American Indian Law Review
No abstract provided.