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Articles 1 - 29 of 29
Full-Text Articles in Social Welfare Law
Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt
Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt
Faculty Scholarship
There is significant overlap between the group of people who experience trauma, including domestic or intimate partner violence, and those who are hospitalized for severe mental illness. In recent years there has been a growing awareness in the mental health treatment community of the prevalence of trauma among individuals with behavioral health problems. Despite the strong evidence of elevated rates of exposure to domestic or intimate partner violence among individuals experiencing mental illness (including depression, anxiety, and posttraumatic stress disorder), mental health professionals often do not effectively address this co-occurring factor in assessing and treating their clients or patients. The …
Defining And Demystifying Automated Decision Systems, Rashida Richardson
Defining And Demystifying Automated Decision Systems, Rashida Richardson
Maryland Law Review
No abstract provided.
Covid-19 & Food Insecurity: How The Covid-19 Pandemic Has Exacerbated Food Insecurity And Will Disproportionally Affect Low Income And Minority Groups, George Rice
University of Maryland Law Journal of Race, Religion, Gender and Class
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 …
Posthumously Conceived Children And Social Security Survivors' Benefits, Kelsey Brown
Posthumously Conceived Children And Social Security Survivors' Benefits, Kelsey Brown
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Costs Of The Pay-To-Play Model In High School Athletics, Micah Bucy
The Costs Of The Pay-To-Play Model In High School Athletics, Micah Bucy
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super
From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super
Faculty Scholarship
Pending legislation to address carbon emissions would include large subsidies for existing emitters. These subsidies make little sense economically or politically. Worse, they divert resources needed to address two crucial issues that the proposed legislation largely ignores: the impact of raising carbon costs on low-income people and the massive structural federal deficit. A carbon tax or cap-and-trade system would increase costs substantially not only for transportation but for food and housing. With poverty rising even before the current economic downturn, these price increases’ consequences could be dire. The structural deficit will require deflationary tax increases or spending cuts. Combining carbon …
Laboratories Of Destitution: Democratic Experimentalsim And The Failure Of Antipoverty Law, David A. Super
Laboratories Of Destitution: Democratic Experimentalsim And The Failure Of Antipoverty Law, David A. Super
Faculty Scholarship
Democratic experimentalism, the procedural component of the “new governance” movement, has won widespread acceptance in calling for decentralization, deliberation, deregulation, and experimentation. Democratic experimentalists claim that this approach offers pragmatic solutions to social problems. Although the democratic experimentalist movement formally began only a decade ago, antipoverty law has reflected its major principles since the 1960s. This experiment has gone badly, weakening antipoverty programs. Key elements of this participatory approach to antipoverty law – decentralization, privatization, and the substitution of ad hoc problemsolving for individual rights – all contributed to the calamity that low-income people suffered during and after Hurricane Katrina. …
Brief For Amicus Curiae David A. Super: Supporting Plaintiff-Appellants Urging Reversal, In Howard V. Hawkins (2009)., David A. Super
Brief For Amicus Curiae David A. Super: Supporting Plaintiff-Appellants Urging Reversal, In Howard V. Hawkins (2009)., David A. Super
Faculty Scholarship
The Supreme Court has consistently held that congressional intent governs whether federal statutes are privately enforceable. Where Congress has been silent, a line of cases culminating in Gonzaga Univ. v. Doe, 536 U.S. 273 (2002), prescribes a formula for inferring congressional intent from the structure of a statute. Here, however, Congress has not been silent: the Food and Nutrition Act specifies the amount of retroactive benefits that may be awarded households in “any judicial action arising under this Act” and makes certain records of state agencies “available for review in any action filed by a household to enforce any provision …
Privatization, Policy Paralysis, And The Poor, David A. Super
Privatization, Policy Paralysis, And The Poor, David A. Super
Faculty Scholarship
No abstract provided.
Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn
Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn
Faculty Scholarship
Civil Gideon advocates have at each turn faced the scourge of Lassiter v. Department of Social Services, which established (apparently out of whole cloth) a presumption that indigent litigants are entitled to appointed counsel only when physical liberty is at stake. This article proposes side-stepping that presumption by seeking a right to counsel on appeal via Douglas v. California, not a right to counsel at trial via Gideon v. Wainwright. Once established, a civil right to counsel on appeal would presage the inevitable downfall of Lassiter and the establishment of Civil Gideon. This article poses the argument …
Cause Lawyering And Social Movements: Can Solo And Small Firm Practitioners Anchor Social Movements?, Brenda Bratton Blom
Cause Lawyering And Social Movements: Can Solo And Small Firm Practitioners Anchor Social Movements?, Brenda Bratton Blom
Faculty Scholarship
As the demand for affordable legal services grows, law schools and the legal profession struggle to respond. By examining lessons from successful social movements in the last century, Cause Lawyering and Social Movements: Can Solo and Small Firm Practitioners anchor Social Movements looks at the Law School Consortium Project and its potential to participate in and anchor the social movements of our time. The collaboration of the law schools, networks of solo and small firm attorneys and activists at the local, regional and national level provide key elements for powerful change given the technological developments of the 21st century.
Encouraging Moderation In State Policies On Collecting Food Stamp Claims, David A. Super
Encouraging Moderation In State Policies On Collecting Food Stamp Claims, David A. Super
Faculty Scholarship
Regulations issued by the Food and Nutrition Service, U.S. Department of Agriculture in July 2000 promote efficient and effective food stamp claims collection by the states. These regulations give states significant flexibility in tailoring their procedures on filing claims. States can incorporate waiver and compromise policies that increase efficiency and can serve low-income households.
Are Rights Efficient? Challenging The Managerial Critique Of Individual Rights, David A. Super
Are Rights Efficient? Challenging The Managerial Critique Of Individual Rights, David A. Super
Faculty Scholarship
This Article contends that enforceable individual rights can improve the efficiency of government operations. The last decade has seen enforceable individual rights eliminated in a wide range of areas, from welfare to the treatment of immigrants and prisoners in U.S. jails to, most recently, the treatment of prisoners in Abu Ghraib and elsewhere overseas. In most instances, opponents of enforceable individual rights have quarreled little with the substantive norms underlying these rights. Instead, they have argued that enforceable legal rights would unduly burden government administration. Supporters of individual rights have tended to concede that they are inefficient, arguing instead that …
Improving Fairness And Accuracy In Food Stamp Fraud Investigations: Advocating Reform Under Food Stamp Regulations, David A. Super
Improving Fairness And Accuracy In Food Stamp Fraud Investigations: Advocating Reform Under Food Stamp Regulations, David A. Super
Faculty Scholarship
Some state food stamp agencies are overly aggressive in pursuing charges that claimants have committed intentional program violations. Just as failure to pursue allegations of fraud can undermine the Food Stamp Program’s goals, so can intimidation of claimants. States should take care to follow appropriate procedures in their investigations, and Food and Nutrition Service regulations offer ample grounds to advocate fair treatment of clients. Four key principles should guide states’ antifraud efforts.
Toward A More Expansive Welfare Devolution Debate, Steven Schwinn
Toward A More Expansive Welfare Devolution Debate, Steven Schwinn
Faculty Scholarship
Leading up to and in the wake of national welfare reform, commentators, scholars, and advocates debated one of the key ingredients in the 1996 legislation: devolution of responsibility for the design and administration of welfare from the federal government to the states. Pro-devolutionists argued that devolution would create 50 state welfare experiments, would result in welfare programs tailored to the unique needs of individual states, and would lead to a race to the top in the quality of welfare programs. Anti-devolutionists argued that devolution would encourage states to compete to repel welfare recipients, to avoid becoming welfare magnets, and, ultimately, …
Why Does It Matter Where I Live? Welfare Reform, Equal Protection, And The Maryland Constitution, Karen Syma Czapanskiy
Why Does It Matter Where I Live? Welfare Reform, Equal Protection, And The Maryland Constitution, Karen Syma Czapanskiy
Maryland Law Review
No abstract provided.
The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini
The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini
Maryland Law Review
No abstract provided.
Language Matters: Designing State And County Contracts For Services Under Temporary Assistance For Needy Families, Eileen Sweeney, Barbara L. Bezdek, Sharon Parrott, Carol W. Medaris, Cary Lacheen
Language Matters: Designing State And County Contracts For Services Under Temporary Assistance For Needy Families, Eileen Sweeney, Barbara L. Bezdek, Sharon Parrott, Carol W. Medaris, Cary Lacheen
Faculty Scholarship
No abstract provided.
Promoting Community Child Protection: A Legislative Agenda, Leigh S. Goodmark
Promoting Community Child Protection: A Legislative Agenda, Leigh S. Goodmark
Book Gallery
No abstract provided.
Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts
Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts
Maryland Law Review
No abstract provided.
Children In Poverty: Reconciling Children's Interests With Child Protective And Welfare Policies, Sarah H. Ramsey
Children In Poverty: Reconciling Children's Interests With Child Protective And Welfare Policies, Sarah H. Ramsey
Maryland Law Review
No abstract provided.
Legal Services Corp. V. Velazquez: A Problematic Commingling Of Unconstitutional Conditions And Public Fora Analyses Yields A New Grey Area For Free Speech, Christopher A. Gozdor
Legal Services Corp. V. Velazquez: A Problematic Commingling Of Unconstitutional Conditions And Public Fora Analyses Yields A New Grey Area For Free Speech, Christopher A. Gozdor
Maryland Law Review
No abstract provided.
Parents, Children, And Work-First Welfare Reform: Where Is The C In Tanf?, Karen Syma Czapanskiy
Parents, Children, And Work-First Welfare Reform: Where Is The C In Tanf?, Karen Syma Czapanskiy
Maryland Law Review
No abstract provided.
Symposium - Welfare Reform Ends In 2002: What's Ahead For Low-Income And No-Income Families? Introduction, Karen Syma Czapanskiy
Symposium - Welfare Reform Ends In 2002: What's Ahead For Low-Income And No-Income Families? Introduction, Karen Syma Czapanskiy
Maryland Law Review
No abstract provided.
Reconciling Welfare Devolution And Due Process Protection, Cheryl M. Miller
Reconciling Welfare Devolution And Due Process Protection, Cheryl M. Miller
Maryland Law Review
No abstract provided.
Weaving A Safety Net: Poor Women, Welfare, And Work In The Chicken And Catfish Industries, Sherrilyn A. Ifill
Weaving A Safety Net: Poor Women, Welfare, And Work In The Chicken And Catfish Industries, Sherrilyn A. Ifill
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark
Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
The Property Interest In Social Security Benefits, James P. Lewis
The Property Interest In Social Security Benefits, James P. Lewis
Maryland Law Review
No abstract provided.