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The Brown V. Giuliani Injunction: Combating Bureaucratic Disentitlement, Maria Fazzolari

Fordham Urban Law Journal

This Comment supports the preliminary injunction decision in Brown v. Giuliani, and demonstrates why judicial intervention is appropriate in welfare litigation to protect the constitutional rights of welfare recipients. It describes the New York City welfare administration system and its statutory framework, detailing the bureaucratic problems facing the system. It also describes "bureaucratic disentitlement," whereby largely obscure administrative proceedings function to effectively delay of deny welfare payments to eligible recipients. It examines the traditional judicial remedies and their general impotence in combating bureaucratic disentitlement, and the preliminary injunction decision granted in Brown and the justiciability of separation of powers issues …