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Articles 511 - 540 of 550
Full-Text Articles in Social Welfare Law
Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed?, Jean R. Sternlight
Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed?, Jean R. Sternlight
Scholarly Works
In response to cries from both the public and the medical community for increased research and improved treatments with respect to pediatric AIDS, some state legislatures have attempted to enact legislation that would require routine mandatory testing of newborns for HIV on a non-anonymous basis.
Those who favor mandatory testing of newborns contend that such testing is necessary in order to protect the health of newborns and to ensure that the newborns' doctors provide them with adequate care. Moreover, testing advocates argue that because most hospitals already screen anonymously, failing to inform parents of the test results is inappropriate and …
Of Citizen Suits And Citizen Sunstein, Harold J. Krent, Ethan G. Shenkman
Of Citizen Suits And Citizen Sunstein, Harold J. Krent, Ethan G. Shenkman
Michigan Law Review
After briefly summarizing Lujan and addressing Sunstein's critique, we explore the concept of accountability underlying the creation of a single executive in Article II. We then apply our theory of the unitary executive to several examples of broad grants of statutory standing, concluding that Congress can confer standing on private citizens only if it specifically articulates and individuates the interests whose violation gives rise to a cognizable case. Although we agree with Sunstein's view that broad grants of statutory standing do not necessarily trench upon constitutional values, we ultimately side with Justice Scalia in concluding that universal citizen standing, as …
Constitutional Bootstrapping In Philadelphia And Paris, Jon Elster
Constitutional Bootstrapping In Philadelphia And Paris, Jon Elster
Cardozo Law Review
No abstract provided.
Machiavelli And The Politics Of Welfare, National Health, And Old Age: A Comparative Perspective Of The Policies Of The United States And Canada, Camilla Watson
Machiavelli And The Politics Of Welfare, National Health, And Old Age: A Comparative Perspective Of The Policies Of The United States And Canada, Camilla Watson
Scholarly Works
This Article maintains that in order to fully comprehend the politics of welfare, retirement security, and national health coverage, it is necessary to examine Machiavellian principles in relation to the variables of economic development and inter-party competition. If the principles of Machiavelli are applied in a slightly different and more constructive manner, they may facilitate reform of the American welfare, retirement, and national health systems. Now that the political balance in the United States has shifted from the conservative to the liberal, the time is ripe to consider reforming the entire Social Security system and instituting a comprehensive national health …
The Application Of Material Witness Provisions: A Case Study - Are Homeless Material Witnesses Entitled To Due Process And Representation By Counsel, Lisa Chanow Dykstra
The Application Of Material Witness Provisions: A Case Study - Are Homeless Material Witnesses Entitled To Due Process And Representation By Counsel, Lisa Chanow Dykstra
Villanova Law Review (1956 - )
No abstract provided.
Indigents And The Denial Of Due Process At Involuntary Treatment Hearings: The Need For Independent Psychiatric Assistance, Marcy H. Speiser
Indigents And The Denial Of Due Process At Involuntary Treatment Hearings: The Need For Independent Psychiatric Assistance, Marcy H. Speiser
Touro Law Review
No abstract provided.
Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy
Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy
BYU Law Review
No abstract provided.
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Articles
In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Publications
No abstract provided.
The Minnesota Commitment Act Of 1982 Summary And Analysis, Eric S. Janus, Richard M. Wolfson
The Minnesota Commitment Act Of 1982 Summary And Analysis, Eric S. Janus, Richard M. Wolfson
Faculty Scholarship
Minnesota law governing commitments has been substantially
revised and recodified in the Minnesota Commitment Act of 1982.
The prior law is repealed and the new law is substituted for it effective
August 1, 1982.
This article has three purposes. First, the significant changes in
the civil commitment law are identified and their implications explored.
Second, where appropriate, the legal background underlying
the changes is explored in order to place the changes in context.
Third, the article identifies ambiguities and inconsistencies in the
Act, posits resolutions, and suggests areas for legislative attention.
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Publications
No abstract provided.
Zbaraz V. Quern : Abortion And Medicaid: The Public Funding Dilemma, 12 J. Marshall J. Prac. & Proc. 609 (1979), Lynn R. Price
Zbaraz V. Quern : Abortion And Medicaid: The Public Funding Dilemma, 12 J. Marshall J. Prac. & Proc. 609 (1979), Lynn R. Price
UIC Law Review
No abstract provided.
Social Security Benefits For Spouses, Peter W. Martin
Social Security Benefits For Spouses, Peter W. Martin
Cornell Law Faculty Publications
No abstract provided.
Mathews V. Goldfarb, Lewis F. Powell Jr.
Mathews V. Goldfarb, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Civilly-Committed Public Mental Patient And The Right To Aftercare, Richard B. Saphire
The Civilly-Committed Public Mental Patient And The Right To Aftercare, Richard B. Saphire
Florida State University Law Review
No abstract provided.
The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown
The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown
St. Mary's Law Journal
Abstract Forthcoming.
The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott
The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott
Faculty Scholarship
The constitutional mandates of procedural due process have been more sharply defined in recent years as a result of the decision of the Supreme Court in Goldberg v. Kelly. Although the full extent of the doctrine has not yet been delimited, the core proposition seems well established that in the absence of an overriding governmental interest, procedural -due process requires that an individual be accorded notice and a hearing prior to an administrative decision that would adversely affect his ability to subsist by contemporary standards. In applying this principle to the termination of public assistance payments, the Court in …