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Articles 481 - 510 of 716
Full-Text Articles in Social Welfare Law
Reforming The Processes For Challenging Voluntary Acknowledgments Of Paternity, Jeffrey A. Parness, David A. Saxe
Reforming The Processes For Challenging Voluntary Acknowledgments Of Paternity, Jeffrey A. Parness, David A. Saxe
Chicago-Kent Law Review
Voluntary acknowledgements of paternity (VAPs) significantly determine male legal parentage at birth for many children born of sex to unwed mothers in the United States. VAP processes are chiefly dictated by the federal Social Security Act, which places certain mandates on states participating in federally-subsidized welfare programs. These processes include norms on effective VAP establishments and on VAP disestablishments, either via early rescissions (within sixty days) by signatories or via later contests (after sixty days) by challengers, including signatories. The norms are driven by the Act’s desire to increase reimbursements of state child welfare payments from unwed fathers regardless of …
Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope
Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope
Georgia State University Law Review
The purpose of this Article is to help improve the quality of healthcare decision making for the unbefriended. I hope that this comprehensive and systematic explanation of both the problem and the available solutions will empower both public and clinical policymakers to develop more informed and more circumspect policies and procedures
Networked Medical Devices: Finding A Legislative Solution To Guide Healthcare Into The Future, Louiza Dudin
Networked Medical Devices: Finding A Legislative Solution To Guide Healthcare Into The Future, Louiza Dudin
Seattle University Law Review
This article discusses: (I) the current legal approaches to addressing cybersecurity in general, (II) the shortcomings of current legal approaches, (III) a proposal for legislation to narrow the scope of the Medical Device Amendments (MDA) preemption clause, and (IV) the benefits and shortcomings of the proposed legislation.
Inconsistencies In Combatting The Sex Trafficking Of Minors: Backpage’S Deceptive Business Practices Should Not Be Immune From State Law Claims, Jacqueline Hackler
Inconsistencies In Combatting The Sex Trafficking Of Minors: Backpage’S Deceptive Business Practices Should Not Be Immune From State Law Claims, Jacqueline Hackler
Seattle University Law Review
Under federal law, the CDA has created a loophole for pimps and johns to exploit minors through the Internet. This Note uses Backpage as an example of how interactive computer services consistently evade liability under the current language of the CDA, and examines the need for an amendment to the language of the CDA. This Note argues that an interactive computer service should be held responsible under state law if it helps create the content, thus becoming an “information content provider” under the CDA. Part I provides the groundwork for what sex trafficking is and its relationship to prostitution. Additionally, …
An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas
An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas
Georgia State University Law Review
In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants …
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Georgia State University Law Review
Money matters in the justice system. If you can afford to purchase your freedom pretrial, if you can afford to immediately pay fines and fees for minor traffic offenses and municipal code violations, if you can afford to hire an attorney, your experience of the justice system both procedurally and substantively will be qualitatively different than the experience of someone who is poor. More disturbingly, through a variety of policies and practices—some of them blatantly unconstitutional—our courts are perpetuating and criminalizing poverty. And when we talk about poverty in the United States, we are still talking about race, ethnicity, and …
Revisiting Popular Action, Raúl Sánchez Gómez
Revisiting Popular Action, Raúl Sánchez Gómez
DePaul Journal for Social Justice
No abstract provided.
Toiling In Trump's Vineyard Of Alternative Facts Lining Its Random Walk, David J. Cook
Toiling In Trump's Vineyard Of Alternative Facts Lining Its Random Walk, David J. Cook
DePaul Journal for Social Justice
No abstract provided.
The Erosion Of Civil Rights Remedies: How Ashcroft V. Al-Kidd Altered Qualified Immunity, Madeleine Sharp
The Erosion Of Civil Rights Remedies: How Ashcroft V. Al-Kidd Altered Qualified Immunity, Madeleine Sharp
DePaul Journal for Social Justice
No abstract provided.
Measuring “Progress” And “Regress” In Human Rights: Why We Need A Set Of Social Contract Measures To Replace Indices Of Violations And Slogans, David Lempert
DePaul Journal for Social Justice
No abstract provided.
Criminal Selectivity In The United States: A History Plagued By Class & Race Bias, Valeria Vegh Weis
Criminal Selectivity In The United States: A History Plagued By Class & Race Bias, Valeria Vegh Weis
DePaul Journal for Social Justice
No abstract provided.
Asian Americans And The Law: Sharing A Progressive Civil Rights Agenda During Uncertain Times, Harvey Gee
Asian Americans And The Law: Sharing A Progressive Civil Rights Agenda During Uncertain Times, Harvey Gee
DePaul Journal for Social Justice
No abstract provided.
A Letter From The Editors, Depaul Journal For Social Justice Editorial Board
A Letter From The Editors, Depaul Journal For Social Justice Editorial Board
DePaul Journal for Social Justice
No abstract provided.
Exploiting The Poor: Housing, Markets, And Vulnerability, Ezra Rosser
Exploiting The Poor: Housing, Markets, And Vulnerability, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
Matthew Desmond provocatively claims that landlords exploit poor tenants in his Pulitzer Prize winning book, Evicted: Poverty and Profit in the American City (2016). This essay celebrates Desmond's work and explores the exploitation claim, focusing on how landlords deliberately exploit vulnerable tenants and on forms of market-based exploitation.
Tackling The Social Determinants Of Health: A Central Role For Providers, Jessica Mantel
Tackling The Social Determinants Of Health: A Central Role For Providers, Jessica Mantel
Georgia State University Law Review
Americans’ poor health and high health care costs largely stem from social, environmental, and behavioral factors that adversely impact health. Yet, health care providers traditionally have neglected the social determinants of health, focusing instead on medically treating patients’ symptoms. As a result, addressing the social determinants of health has primarily been the domain of government and community groups. Unfortunately, the efforts of the public health and social services sectors are stymied by chronic underfunding, a situation unlikely to change in the current political environment. This article identifies a potential solution to this problem: recent health care reforms that encourage health …
Poverty Is The New Crime, Michelle Jenkins
Poverty Is The New Crime, Michelle Jenkins
DePaul Journal for Social Justice
No abstract provided.
Social Justice And Legal Writing Collaborations: Promoting Student Engagement And Faculty Fulfillment, Kirsten Clement, Stephanie Roberts Hartung
Social Justice And Legal Writing Collaborations: Promoting Student Engagement And Faculty Fulfillment, Kirsten Clement, Stephanie Roberts Hartung
DePaul Journal for Social Justice
No abstract provided.
In Defense Of Birthright Citizenship, Shannon Auvil
In Defense Of Birthright Citizenship, Shannon Auvil
DePaul Journal for Social Justice
No abstract provided.
Cycle Of Misconduct:How Chicago Has Repeatedly Failed To Police Its Police, Elizabeth J. Andonova
Cycle Of Misconduct:How Chicago Has Repeatedly Failed To Police Its Police, Elizabeth J. Andonova
DePaul Journal for Social Justice
No abstract provided.
Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison
Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison
Homeland Security Publications
The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how …
Vulnerability And Inevitable Inequality, Martha Albertson Fineman
Vulnerability And Inevitable Inequality, Martha Albertson Fineman
Faculty Articles
The abstract legal subject of liberal Western democracies fails to reflect the fundamental reality of the human condition, which is vulnerability. While it is universal and constant, vulnerability is manifested differently in individuals, often resulting in significant differences in position and circumstance. In spite of such differences, political theory positions equality as the foundation for law and policy, and privileges autonomy, independence and self-sufficiency. This article traces the origins and development of a critical legal theory that brings human vulnerability to the fore in assessing individual and state responsibility and redefining the parameters of social justice. The theory arose in …
Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret F. Brinig
Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret F. Brinig
Journal Articles
While divorcing couples in the United States have been studied for many years, separating unmarried couples and their children have proven more difficult to analyze. Recently there have been successful longitudinal ethnographic and survey-based studies. This piece uses documents from a single Indiana county’s unified family court (called the Probate Court) to trace the effects of race and gender on unmarried families, beginning with a sample of 386 children for whom paternity petitions were brought in four months of 2008. It confirms prior theoretical work on racial differences in noncustodial parenting and poses new questions about how incarceration and gender …
Newsroom: Horwitz Addresses Rally For Homeless 09/15/2016, Amanda Milkovits, Roger Williams University School Of Law
Newsroom: Horwitz Addresses Rally For Homeless 09/15/2016, Amanda Milkovits, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Peter Approved My Visa, But Paul Denied It, Emily Callan, Johnpaul Callan
Peter Approved My Visa, But Paul Denied It, Emily Callan, Johnpaul Callan
DePaul Journal for Social Justice
No abstract provided.
Prison Bars On Classroom Doors, Cornelius Lee
Prison Bars On Classroom Doors, Cornelius Lee
DePaul Journal for Social Justice
No abstract provided.
How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman
How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman
DePaul Journal for Social Justice
No abstract provided.
What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum
What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum
DePaul Journal for Social Justice
No abstract provided.