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Full-Text Articles in Law

Earned Income Tax Credit Portability: Respecting The Autonomy Of American Families, Mary Leto Pareja Feb 2015

Earned Income Tax Credit Portability: Respecting The Autonomy Of American Families, Mary Leto Pareja

Faculty Scholarship

The Earned Income Tax Credit (EITC) was a key component of the welfare reform movement that began in the 1970s and expanded in the 1990s. Politicians and the public saw the EITC as a helping hand to working families -- a way to make work pay.' The EITC today is the single largest federal anti-poverty program in the United States. Although the EITC clearly is targeted at families with children, it is not optimally structured to improve child welfare. The current rules limit EITC eligibility to a taxpayer who lives with a child more than six months of the year, presumably ...


The Affordability Paradox: How Consumer Bankruptcy's Greatest Weakness May Account For Its Surprising Success, Angela Littwin May 2011

The Affordability Paradox: How Consumer Bankruptcy's Greatest Weakness May Account For Its Surprising Success, Angela Littwin

William & Mary Law Review

When the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) made consumer bankruptcy more expensive for all debtors, it inadvertently reignited a debate about how to make the system more affordable for its neediest beneficiaries. Even before BAPCPA, consumer bankruptcy suffered from the irony that those who needed it the most were often too poor to take advantage of its relief.

The seemingly obvious solution to this problem is to eliminate the major cost that consumer bankruptcy filers bear, that of paying their own lawyers. But in our rush to undo the harm caused by BAPCPA’s worsening of ...


Why Does It Matter Where I Live? Welfare Reform, Equal Protection, And The Maryland Constitution, Karen Czapanskiy Oct 2008

Why Does It Matter Where I Live? Welfare Reform, Equal Protection, And The Maryland Constitution, Karen Czapanskiy

Karen Czapanskiy

A key feature of welfare reform in 1996 was the replacement of a national entitlement to a minimum economic provision for each poor family by a system under which states enjoy considerable flexibility in deciding whether and under what terms to provide for families in poverty. Some states devolved that authority further down the chain to local or private organizations. In Maryland, the state neither devolved authority to local jurisdictions nor retained it at the state level. Instead, the state placed a large measure of authority for program design and implementation in the hands of state officials whose offices are ...


Is There A Progresssive Alternative To Conservative Welfare Reform?, Philip L. Harvey Aug 2007

Is There A Progresssive Alternative To Conservative Welfare Reform?, Philip L. Harvey

Philip L. Harvey

Progressive scholars have been strongly critical of conservative trends in the design and administration of public assistance programs in market societies, but it is far from clear what they would propose instead. Believing that it takes something to replace something, this article assess two different progressive strategies for eliminating poverty and promoting individual freedom that could serve as replacements for existing public assistance regimes. The first proposal is that all members of society be guaranteed an unconditional basic income without imposing any work requirements in exchange for the benefit. Such a benefit could be provided either in the form of ...


Why Family Cap Laws Just Aren't Getting It Done, Kelly J. Gastley Oct 2004

Why Family Cap Laws Just Aren't Getting It Done, Kelly J. Gastley

William & Mary Law Review

No abstract provided.


Tanf And Its Implications On The Autonomy Of Indigent Single Mothers, Tanisha L. Jackson Oct 2004

Tanf And Its Implications On The Autonomy Of Indigent Single Mothers, Tanisha L. Jackson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Continuing Crisis In Affordable Housing: Systemic Issues Requiring Systemic Solutions, Paulette J. Williams Jan 2004

The Continuing Crisis In Affordable Housing: Systemic Issues Requiring Systemic Solutions, Paulette J. Williams

Fordham Urban Law Journal

This article compares programs designed to provide rental housing and programs designed to promote homeownership and attempts to determine which of the existing programs better promotes economic security among the population both are designed to benefit. Part II presents a framework for a discussion of affordable housing policy issues, outlining the complex environment of affordable housing development, and the multiple interests that need to be involved in developing any coherent policy. Part III gives a short history of public housing policies from 1937 to the end of the twentieth century. Part IV discusses the major rental housing programs, including the ...


Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey Jul 2003

Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey

Indiana Law Journal

No abstract provided.


Of Child Welfare And Welfare Reform: The Implications For Children When Contradictory Policies Collide, Kay P. Kindred Apr 2003

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.


The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos Feb 2003

The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos

William & Mary Law Review

No abstract provided.


When The War On Poverty Became The War On Poor, Pregnant Women: Political Rhetoric, The Unconstitutional Conditions Doctrine, And The Family Cap Restrictions, Carole M. Hirsch Feb 2002

When The War On Poverty Became The War On Poor, Pregnant Women: Political Rhetoric, The Unconstitutional Conditions Doctrine, And The Family Cap Restrictions, Carole M. Hirsch

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Singled Out: A Critique Of The Representation Of Single Motherhood In Welfare Discourse, Parvin R. Huda Feb 2001

Singled Out: A Critique Of The Representation Of Single Motherhood In Welfare Discourse, Parvin R. Huda

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Models For Safe Child Support Enforcement, Susan Notar, Viki Turetesky Jan 2000

Models For Safe Child Support Enforcement, Susan Notar, Viki Turetesky

American University Journal of Gender, Social Policy & the Law

No abstract provided.


America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson Nov 1999

America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson

Faculty Publications

No abstract provided.


Families Without Paradigms: Child Poverty And Out-Of-Home Placement In Historical Perspective, Catherine J. Ross Jan 1999

Families Without Paradigms: Child Poverty And Out-Of-Home Placement In Historical Perspective, Catherine J. Ross

GW Law Faculty Publications & Other Works

In this Article, Prof. Ross argues that no single paradigm of family relationships adequately serves the emotional needs of children who enter the foster care system due to the poverty of their parents. According to Prof. Ross, the needs of such children are increasingly at issue because of the likely effect on poor families of interactions between the Personal Responsibility Act (PRA) and the Adoption and Safe Families Act (ASFA). Reliable data is not yet available on children who are moved into foster care as their families lose welfare benefits or on those who are placed in adoptive homes in ...


Welfare Reform And Immigration: Attempting To Find A Domestic Answer To A Global Question, Kostas A. Poulakidas Oct 1998

Welfare Reform And Immigration: Attempting To Find A Domestic Answer To A Global Question, Kostas A. Poulakidas

Indiana Journal of Global Legal Studies

No abstract provided.


A Cultural Historian's Reading Of Charles Reich's Impact On The Contemporary Discourse On "Welfare", Brigitte Fleischmann Feb 1990

A Cultural Historian's Reading Of Charles Reich's Impact On The Contemporary Discourse On "Welfare", Brigitte Fleischmann

William & Mary Law Review

No abstract provided.


The Liberty Impact Of The New Property, Charles A. Reich Feb 1990

The Liberty Impact Of The New Property, Charles A. Reich

William & Mary Law Review

No abstract provided.


Independent Professional Power And The Search For A Legal Ideology With A Progressive Bite, Bryant G. Garth Apr 1987

Independent Professional Power And The Search For A Legal Ideology With A Progressive Bite, Bryant G. Garth

Indiana Law Journal

No abstract provided.