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Articles 1 - 18 of 18
Full-Text Articles in Social Welfare Law
The End(S) Of Bankruptcy Exceptionalism: Purdue Pharma And The Problem Of Social Debt, Jonathan C. Lipson, Pamela Foohey
The End(S) Of Bankruptcy Exceptionalism: Purdue Pharma And The Problem Of Social Debt, Jonathan C. Lipson, Pamela Foohey
Cardozo Law Review
The Supreme Court’s recent 5-4 decision in the controversial chapter 11 bankruptcy reorganization of opioid-maker Purdue Pharma ends the use of nonconsensual third-party “releases,” which discharge (eliminate) liabilities of nondebtors who may share liability with a corporate debtor. Although the majority opinion is correct that the Bankruptcy Code does not permit this, it failed to recognize the problematic exceptionalism of the lower courts which approved those releases or the “social” qualities of Purdue Pharma’s mass tort liability.
Bankruptcy exceptionalism has been a contested concept since it emerged over fifteen years ago and reflects a willingness to bend the rule of …
The Death Of The Gid Exclusion: Williams V. Kincaid Revitalizes The Ada For Trans Litigants, Alexandra Newman
The Death Of The Gid Exclusion: Williams V. Kincaid Revitalizes The Ada For Trans Litigants, Alexandra Newman
Cardozo Law Review
Kesha Williams is a transgender woman with gender dysphoria who spent six months incarcerated in the Fairfax County Adult Detention Center in Virginia. When Williams first entered the facility, she was assigned to women’s housing and given the uniforms typically provided to female inmates. However, upon learning that Williams had not undergone transfeminine bottom surgery, prison deputies stripped Williams of her female undergarments and transferred her to the men’s side of the facility. There, Williams was harassed by other inmates, misgendered by prison deputies, and delayed in receiving medical treatment for her gender dysphoria. Following her release, Williams asserted several …
Corrupt Or Charitable? Patient Assistance Programs And The Case For Narrowing The Breadth Of The Federal Anti-Kickback Statute, Isaac Strauss
Corrupt Or Charitable? Patient Assistance Programs And The Case For Narrowing The Breadth Of The Federal Anti-Kickback Statute, Isaac Strauss
Cardozo Law Review
No abstract provided.
Remembering Who Foster Care Is For: Public Accommodation And Other Misconceptions And Missed Opportunities In Fulton V. City Of Philadelphia, Chris Gottlieb
Remembering Who Foster Care Is For: Public Accommodation And Other Misconceptions And Missed Opportunities In Fulton V. City Of Philadelphia, Chris Gottlieb
Cardozo Law Review
The Supreme Court’s opinion in Fulton v. City of Philadelphia, which held that a Catholic foster care agency could refuse to accept gay foster parents, and virtually all commentary on the case, are flawed by a profound misunderstanding of key aspects of the foster care system. The case’s role in the broader culture war between religious rights advocates and those supporting LGBTQ equality has led advocates on both sides to use Fulton for their own purposes at the expense of the families the foster care system is intended to serve.
This Article explains that the most important constitutional interests at …
Child Abuse And Cannabis Use: How A Prima Facie Standard Mischaracterizes Parental Cannabis Consumption As Child Neglect, Jasmine Harris
Child Abuse And Cannabis Use: How A Prima Facie Standard Mischaracterizes Parental Cannabis Consumption As Child Neglect, Jasmine Harris
Cardozo Law Review
No abstract provided.
Administering Health Innovation, Rachel E. Sachs
Administering Health Innovation, Rachel E. Sachs
Cardozo Law Review
Scholars and policymakers have recently begun to focus on the role federal agencies charged with health-related missions can play in the development of innovative health technologies and promotion of access to those technologies. Appreciating the expertise of agencies like the National Institutes of Health, Food and Drug Administration, and Centers for Medicare and Medicaid Services has expanded the range of tools contemplated by scholars who had previously focused largely on the United States Patent and Trademark Office.
Yet much of this attention has so far focused on the capacities of single agencies, acting alone. This Article expands the existing scholarly …
Shifting The Landscape On Access To Justice, Jonathan Lippman
Shifting The Landscape On Access To Justice, Jonathan Lippman
Cardozo Law Review
The essay emphasizes the critical need to address the justice gap faced by the poor and vulnerable, advocating for proactive measures by the judiciary, legal profession, and academia. It highlights initiatives in New York, such as increased public funding, expanded pro bono efforts, and innovative programs, to ensure equal access to justice, potentially leading to a right to counsel in civil cases.
Notes On The Clerical Body Of The Law, Lior Barshack
Notes On The Clerical Body Of The Law, Lior Barshack
Cardozo Law Review
No abstract provided.
Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii
Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii
Cardozo Law Review
No abstract provided.
A Semiotics Of Critique, Duncan Kennedy
The Nature And Structure Of The State, Hermann Heller
The Nature And Structure Of The State, Hermann Heller
Cardozo Law Review
The question of the "purpose" of the state has been a permanent and fundamental problem of all theories of the state ever since Aristotle opened his Politics with the theory of the purpose of the state and placed this sentence at its head: pasa koinonia agathou tivos heneka sunesteken. It was left to the Romantics to contest for the first time the appropriateness of this question and to maintain that the state "just as the plant and the animal" is selfdirected. From that time on, theories have neglected the question of the purpose of the state. They decline to …
Law And Political Culture, Dick Howard
Law And Political Culture, Dick Howard
Cardozo Law Review
A decade ago Habermas announced a project in his The Theory of Communicative Action. Those who slipped into the habit of talking about this project as his Rechtsphilosophie may be surprised by the sobriety of Habermas's choice for the book's title. The foreword to Faktizitat und Geltung rejects any comparison with Hegel's systematic Grundlinien der Philosophie des Rechts. Habermas contrasts his "methodical-pluralistic" proposals to the idealistic concepts of Geist and Sittlichkeit, which are unable to account for complex modern societies. The apparent modesty of Habermas's claims is underlined by his subtitle, Contributions to a Discourse Theory of …
Constitutional Bootstrapping In Philadelphia And Paris, Jon Elster
Constitutional Bootstrapping In Philadelphia And Paris, Jon Elster
Cardozo Law Review
No abstract provided.
Administrative Paternalism: Social Security's Representative Payment Program And Two Models Of Justice, Margaret G. Farrell
Administrative Paternalism: Social Security's Representative Payment Program And Two Models Of Justice, Margaret G. Farrell
Cardozo Law Review
No abstract provided.
The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner
The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner
Cardozo Law Review
No abstract provided.
Suicide And Justice, Arthur J. Jacobson
The Social Security Administration’S Representative Payee Program: An Act Of Benevolence Or Cruelty?, Melissa Reiner Greener
The Social Security Administration’S Representative Payee Program: An Act Of Benevolence Or Cruelty?, Melissa Reiner Greener
Cardozo Law Review
No abstract provided.
Hegel And Postmodernity, Dennis M. Patterson