Social Welfare Law Commons^™

Commentary: Meeting The Financial Needs Of Children, David L. Chambers

Articles

Those who drafted the equitable distribution statutes adopted in New York and elsewhere wanted to help assure women and children an acceptable level of financial well-being after divorce. Marsha Garrison has shown that divorcing couples rarely possess enough resources to attain financial well-being even when they live together as a couple, let alone when they live in two separate households. She has also shown that, even in the cases of couples with substantial assets, the broad and general language of the equitable distribution statute did not lead (and could not have been expected to lead) to consistent distributions that assured …

Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen

University of Michigan Journal of Law Reform

Several authorities in the field of estate planning have examined in great detail the options currently available to the parents of disabled children. The options are limited. Ideally, laws should address the concerns of the families of disabled children while providing those families with the incentive to help bear the financial costs of providing for their children. New legislation is needed to achieve this dual objective. This legislation must establish a method by which parents can improve meaningfully the quality of a surviving disabled child's life without substantially increasing the social cost of supporting that disabled child. This Article proposes …

Tenants' Rights In Police Power Condemnations Under State Statutes And Procedural Due Process, Eric Wills Orts

University of Michigan Journal of Law Reform

This Note explores the legal arguments available to tenants who want to resist arbitrary or unjustified condemnations of their buildings. Part I provides an overview of the legal and constitutional structure of the police power to condemn buildings. Part II analyzes state statutes governing the condemnation of buildings. Focusing on the statutory rights to notice and opportunity for a hearing provided to tenants, Part II concludes that a majority of states provide inadequate protection for tenants facing eviction by condemnation. Part II then proposes statutory reform, based on an approach taken by a minority of states. Part III demonstrates that …

Preserving Low Income Housing In Maine - An Inventory Of Assisted Housing, Elizabeth H. Mitchell

Maine Collection

Preserving Low Income Housing In Maine - An Inventory of Assisted Housing

Maine State Housing Authority, Augusta , Maine, 1988.

North Carolina's Medicaid Program: The Effects Of The Reagan-Era Budget Reductions, Kenneth R. Wing

North Carolina Central Law Review

No abstract provided.

Involuntary Commitment Of The Mentally Disabled: Implementation Of The Law In Winston-Salem, North Carolina, W. Lawrence Fitch

North Carolina Central Law Review

No abstract provided.

Public Land Banking And Mount Laurel Ii — Can There Be A Symbiotic Relationship?, Cassandra Jones Havard

All Faculty Scholarship

The story behind the litigation that produced two decisions in Southern Burlington County NAACP v. Township of Mount Laurel may accurately be told in terms of plans having gone awry. The New Jersey Supreme Court invalidated the two attempts by Mount Laurel to regulate land through the implementation of fiscal zoning ordinances. In its most recent decision, Mount Laurel II, the court imposed upon communities a state constitutional obligation to provide adequate housing opportunities for low- and moderate-income families. Mount Laurel II thus defines the constitutional limitations on a municipality's power to regulate land. It also establishes a supporting corollary: …

The Politics Of Welfare: The New York City Experience, Michigan Law Review

Michigan Law Review

A Review of The Politics of Welfare: The New York City Experience by Blanche Bernstein

Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon

Publications

No abstract provided.

In Re Moore: The Sound And The Fury And The Scalpel, Nora Birzon Henry

North Carolina Central Law Review

No abstract provided.

Disqualification From Unemployment Benefits In North Carolina, M. Allen Mason

North Carolina Central Law Review

No abstract provided.

Aid To Families With Unborn Dependent Children: May The States Withhold Benefits?, Michigan Law Review

Michigan Law Review

This note will examine whether the duty to provide aid to unborn children should be imposed on all states participating in the AFDC program. It will first consider the argument that denying such benefits violates the equal protection clause of the fourteenth amendment, but the bulk of the note will be devoted to an interpretation of the relevant provisions of the Social Security Act. The statutory analysis requires several steps. First, it is necessary to examine and interpret the cases in which the Supreme Court has analyzed the legitimacy of state-imposed eligibility conditions. The focus will then shift to the …

The Role Of The Michigan Attorney General In Consumer And Environmental Protection, Michigan Law Review

Michigan Law Review

In an effort to clarify the role of the attorney general as public representative, this Note will examine the functioning of the office of the Michigan attorney general. After an analysis of the nature and extent of the attorney general's powers and of his current utilization of those powers, several proposals to increase his effectiveness will be discussed.

Maintaining Welfare Families' Income In Kentucky: A Study Of The Relationship Between Afdc Grants And Support Payments From Absent Parents, Woodford L. Gardner Jr.

Kentucky Law Journal

No abstract provided.

Slumlordism As A Tort--A Brief Response, Joseph L. Sax

Michigan Law Review

Professors Blum and Dunham begin their comment by accusing us of having a new idea. We plead guilty. Our purpose was to demonstrate that accepted principles in analogous areas of law would support a slumlordism action, not to argue that tort law as presently applied would do so. Indeed, our basic intent was to underscore the myopia of existing tort law perspectives.

Slumlordism As A Tort--A Dissenting View, Walter J. Blum, Allison Dunham

Michigan Law Review

The persistence of substandard housing in urban centers stands as a challenge to law. There is a pressing need to re-examine whether prevailing legal doctrines are adequate for dealing with the problem and to suggest new doctrines where the old are found wanting. To their great credit, Joseph L. Sax and Fred J. Hiestand in their article "Slumlordism as a Tort" face up to these tasks boldly and vigorously. They conclude that, under existing conditions, it is imprudent to rely on public authorities to enforce housing codes and it is unlikely that legislatures will place sufficient enforcement powers in private …

Legal Aid--Lay Control And Organizational Complexity Render Oeo Legal Service Program Unacceptable To New York Court--In Re Community Action For Legal Services, Inc., Michigan Law Review

Michigan Law Review

The Office of Economic Opportunity (OEO) and the New York City Council Against Poverty approved the organization and the OEO funding of three legal service corporations as part of a comprehensive program to provide legal assistance to New York City's poor. According to the plan, the first corporation, Community Action for Legal Services, Inc. (CALS), was to approve proposed plans for setting up and operating neighborhood law offices with OEO funds and then to supervise and coordinate the agencies that sought to put those plans into operation. These agencies, operating as delegates of CALS, and under subcontracts with it, were …

State Legislative Services: An Overview, Law Review Staff

Vanderbilt Law Review

Increasing awareness of the critical needs of the state legislatures has stimulated a number of groups to study these needs and suggest reforms. As a result of these efforts, the problems in this area are well-defined. However, all too often the states have failed to take an overview of the needs of the legislative branch; instead most efforts in this area have been directed towards the solutions of specific problems. The result has been as follows: a specific service agency will be created in response to a felt need; subsequently the agency will assume additional duties under the force of …

Child Welfare Legislation, Gladys M. Kammerer

Kentucky Law Journal

No abstract provided.

Public Assistance, H. E. Wetzel

Kentucky Law Journal

No abstract provided.

Child Welfare And Public Assistance, H. E. Wetzel, Elwood Rosenbaum

Kentucky Law Journal

No abstract provided.

Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers

Michigan Law Review

Pursuant to a constitutional provision enabling such action, the Governor asked the supreme court of South Dakota the following question: "Could the legislature enact legislation which would permit the several counties as a county enterprise to raise funds either by supplemental budget or bond or warrant issues with which they might in turn furnish feed loans or even distribute feed as a part of a county poor relief system . . . ?" In answer to this question the court held, in In re Opinion of the Judges, that the furnishing of feed or feed loans to individuals …