Social Welfare Law Commons^™

Standing For Change: Associational Standing As An Aggregational Mechanism In Tenants' Rights, Hope Peraria

Cardozo Journal of Equal Rights & Social Justice

The note argues that tenant associations can serve as an effective vehicle for aggregate lawsuits to vindicate tenants' rights, addressing the persistent enforcement gap in housing rights. By leveraging associational standing, these associations can advocate for shared interests, facilitate community organizing, and complement legal reforms. This approach not only strengthens tenants' collective power but also offers practical solutions to systemic barriers that prevent individuals from asserting their rights.

How The Farm Bill May Be The Key To Healthier Cities, Fatima Ouedraogo

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Farm Bill, a significant piece of U.S. legislation governing agricultural and food programs, can be a crucial tool in addressing urban health issues by making healthy food more affordable. By expanding subsidies to include specialty crops like fruits and vegetables, the Farm Bill could reduce the cost of these items, thereby encouraging healthier diets and combating rising obesity rates in urban populations.

The Price Of Progress: Estimating The Funding Needed To Close The Justice Gap, E. H. Geiger

Cardozo Journal of Equal Rights & Social Justice

The article addresses the "Justice Gap," a disparity in legal services between low-income individuals and their wealthier counterparts, leading to unfair legal outcomes. It argues that insufficient funding for legal aid exacerbates this issue and calls for increased federal funding to ensure equal access to justice, emphasizing that the costs are manageable and necessary to prevent broader societal and economic consequences.

Treating Runaway Youth As Criminals: Wrongfully Silencing Their Voices And Issuing Arrest Warrants, Tziona Breitbart

Cardozo Journal of Equal Rights & Social Justice

The note argues that criminalizing runaway youth through the use of arrest warrants and court involvement is harmful and counterproductive. It advocates for a shift in approach, emphasizing the need to prioritize the voices and well-being of runaway youth, eliminate punitive measures, and provide supportive services to address the root causes of their behavior.

Dying While Trans: A Critical Analysis Of Respect After Death Laws, Kara Nowakowski

Cardozo Journal of Equal Rights & Social Justice

The note critiques Respect After Death (RAD) laws, which aim to ensure that transgender and gender non-conforming (TGNC) individuals' gender identities are respected on death certificates and in funeral proceedings. While these laws represent progress, they fail to address systemic barriers faced by TGNC individuals, such as limited access to legal and medical transition resources, leaving many without the necessary documentation to secure their rights even in death. The note proposes a more comprehensive legislative solution for New York State to better protect TGNC individuals' bodily autonomy after death.

Karma And The United States Government: How Mass Incarceration Policies Created An Ailing And Costly Aging Population In The Prison System And How Can Civil Legal Services Assist The Elderly After Release, Korina Rud

Cardozo Journal of Equal Rights & Social Justice

The note argues that mass incarceration policies in the U.S. have led to a growing population of elderly inmates, resulting in significant financial and health burdens. The author emphasizes the critical role of civil legal services in assisting these individuals post-release, particularly in addressing challenges related to employment, housing, and healthcare. The central argument is that tailored legal aid can mitigate the unique struggles faced by elderly ex-offenders, thereby reducing recidivism and improving community integration.

Tracking Client Outcomes: A Qualitative Assessment Of Civil Legal Aid's Use Of Outcomes Data, With Recommendations, David Udell, Amy Widman

Cardozo Journal of Equal Rights & Social Justice

In virtually all sectors of society, people are using data to improve what they do. Everyone, it seems, is interested in data, and is searching for best strategies to draw on its power. The stakes are high in the civil legal aid community, where strengthened advocacy can enable people to preserve their homes, their relationships with their children, their life savings, their physical and emotional well-being, and even their freedom.

Yet, in the civil legal aid community, awareness of the power of data is just beginning to take root. Traditionally, civil legal aid has been thinly funded, with little infrastructure …

Emergency Removals: Does The Statutory Language Of N.Y. Fain. Ct. Act § 1024 Safeguard Vulnerable Families From Foster Care Panic?, Sydney Myones

Cardozo Journal of Equal Rights & Social Justice

The note examines the surge in emergency child removals by the Administration for Children's Services (ACS) in New York City following the high-profile death of Zymere Perkins, arguing that these removals are driven by "foster care panic" rather than a genuine change in family conditions. It critiques the broad discretion granted to ACS under N.Y. Fam. Ct. Act 1024 and advocates for a more balanced approach that prioritizes family preservation and addresses systemic biases.

Equity In Substantial Evidence, Or Using Article 78 Judicial Review To Achieve Justice For Public Housing Occupants, Janelle Greene

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

From Collaboration To Consolidation: Developing A More Expansive Model For Responding To Family Violence, Deseriee A. Kennedy

Cardozo Journal of Equal Rights & Social Justice

Academics and activists have frequently called for increased collaboration and communication between domestic violence and child welfare agencies as a means of more effectively responding to the impact of domestic violence on children and in recognition of the co-occurrence of domestic violence and child maltreatment. This Article reviews whether efforts based on the Greenbook and other initiatives calling for collaboration have led to any appreciable decrease in family violence. The Article finds evidence to suggest that there has not been significant improvement in the incidence or severity of family violence and more radical responses to family violence are needed. It …

Crisis Pregnancy Centers: Impeding The Right To Informed Decision Making, Alice X. Chen

Cardozo Journal of Equal Rights & Social Justice

The note argues that crisis pregnancy centers (CPCs) in the United States engage in deceptive practices to deter women from obtaining abortions, often masquerading as medical facilities while providing misleading information about reproductive health. These centers receive significant funding from federal and state governments, despite their lack of regulation and medical licensure. The note contends that while local governments have attempted to regulate CPCs through ordinances requiring transparency, these efforts have largely been struck down by federal courts on First Amendment grounds. The author advocates for state-level action to protect women's rights to informed decision-making and accurate reproductive healthcare.

What Went Wrong? Why Family Preservation Programs Failed To Achieve Their Potential, Steven M. Cytryn

Cardozo Journal of Equal Rights & Social Justice

The failure of family preservation programs in the child welfare system stems from structural and legal shortcomings, including inadequate funding, unclear guidelines, and insufficient oversight. These issues, compounded by the Supreme Court's Suter v. Artist M. decision, which undermined the enforceability of the "reasonable efforts" standard, have led to inconsistent implementation and reduced accountability. To address these challenges, the article advocates for reforms such as aligning funding incentives with family preservation goals, establishing clear program standards, and distinguishing between neglect caused by poverty and other forms of maltreatment. By implementing these changes, the child welfare system can better support families …

Family-Centered Approach To Providing Comprehensive Asthma Care Services: The Harlem Family Asthma Center, Vincent E. Hutchinson, Lucille L. Lebovitz, Jennifer L. Northridge, Mary E. Northridge, Rubiahna L. Vaughn, Roger D. Vaughan

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Introduction, Rachel Kalman

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Safety Net Revisited? The Continuing Impact Of Welfare Reform In New York City And Nationwide, Laura R. Goldin

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Buying White Beauty, Imani Perry

Cardozo Journal of Equal Rights & Social Justice

The article argues that the global phenomenon of skin-bleaching is a manifestation of structural inequality rooted in race, poverty, and globalization. It critiques how the marketing and use of skin-whitening products perpetuate racial hierarchies and reflects broader societal power dynamics, emphasizing the need for legal and regulatory responses to address the health and social implications of this practice.

Improving Educational Outcomes For Children In Foster Care: Reading The Mckinney-Vento Act's "Awaiting Foster Care Placement" Provision To Include Children In Interim Foster Care Placements, Sarah Hudson-Plush

Cardozo Journal of Equal Rights & Social Justice

The note argues that the term "awaiting foster care placement" under the McKinney-Vento Homeless Assistance Act should be defined to include children in interim foster care placements to ensure educational stability and access to necessary protections.

From Genes, Marriage And Money To Nurture: Redefining Fatherhood, Nancy E. Dowd

Cardozo Journal of Equal Rights & Social Justice

The essay argues that fatherhood should be redefined based on nurturing actions rather than genetic or marital status. It critiques the increasing reliance on genetic ties for legal definitions and advocates for a shift towards recognizing fatherhood through active caregiving and emotional support, emphasizing the importance of nurturing over economic roles.