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Social Welfare Law Commons™

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2002

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Institution
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Articles 1 - 30 of 43

Full-Text Articles in Social Welfare Law

Beyond Welfare Reform: Economic Justice In The 21st Century, Peter B. Edelman Nov 2002

Beyond Welfare Reform: Economic Justice In The 21st Century, Peter B. Edelman

Georgetown Law Faculty Lectures and Appearances

Thank you so much, Mary Louise. I am deeply honored that you asked me to be here today with you and Tomas and Dan to deliver these remarks in memory of Mario Olmos. He was a wonderful role model for the values that have been celebrated throughout this lecture series, and I am doubly honored to be added to the list of distinguished speaker who have preceded me.


Keffeler V. Department Of Social And Health Services: How The Supreme Court Of Washington Mistook Caring For Children As Robbing Them Blind, Tobias J. Kammer Jul 2002

Keffeler V. Department Of Social And Health Services: How The Supreme Court Of Washington Mistook Caring For Children As Robbing Them Blind, Tobias J. Kammer

Washington Law Review

Social Security benefits aid in the basic care of beneficiaries. Washington's Department of Social and Health Services (DSHS) used benefits toward this end until Keffeler v. Department of Social and Health Services. In Keffeler, the Supreme Court of Washington ruled that DSHS, even when acting as representative payee, could not use a foster child's Social Security benefits to pay for his or her current maintenance. The court held that DSHS's use of Social Security benefits to pay for the current maintenance of foster children violated 42 U.S.C. § 407 of the Social Security Act, which protects Social Security …


Unemployment Insurance Overpayments And Underpayments, Stephen A. Woodbury Jun 2002

Unemployment Insurance Overpayments And Underpayments, Stephen A. Woodbury

Testimonies

No abstract provided.


The Child As Other: Race And Differential Treatment In The Juvenile Justice System, Kenneth B. Nunn Apr 2002

The Child As Other: Race And Differential Treatment In The Juvenile Justice System, Kenneth B. Nunn

UF Law Faculty Publications

In this Article, I will focus on the treatment of African American children as the "other" in the juvenile justice system. As previously stated, African American children are not the only ones who may be treated as the "other." Latino, Native American, Asian, and even white children may be "othered" in the appropriate social context. My concern here, however, is with African American children. I focus on their condition because I believe it is exemplary of how all children who are perceived as children of the "other" are treated and because, in some ways, the treatment of African American children, …


Conceivable Sterilization: A Constitutional Analysis Of A Norplant/Depo-Provera Welfare Condition, Kimberly A. Smith Apr 2002

Conceivable Sterilization: A Constitutional Analysis Of A Norplant/Depo-Provera Welfare Condition, Kimberly A. Smith

Indiana Law Journal

No abstract provided.


"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman Apr 2002

"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman

All Faculty Scholarship

Since 1996, Congress has included charitable choice provisions in several social welfare statutes to encourage the participation of religious organizations in administering government-funded social service programs. In this Article, Professor Michele Gilman discusses the lack of accountability to beneficiaries that occurs when public funds are given to religious organizations for secular programs, and she proposes solutions to this problem. As Professor Gilman explains, doctrines that constrain abuses of governmental discretion, such as administrative procedure acts and constitutional restrictions, generally do not apply when public programs are privatized. Moreover, religious organizations are often insulated from public scrutiny because of First Amendment …


The Needs Of The Working Poor: Hearing Before The S. Comm. On Health, Education, Labor And Pensions, 107th Cong., Feb. 14, 2002 (Statement Of Peter B. Edelman, Prof. Of Law, Geo. U. L. Center), Peter B. Edelman Feb 2002

The Needs Of The Working Poor: Hearing Before The S. Comm. On Health, Education, Labor And Pensions, 107th Cong., Feb. 14, 2002 (Statement Of Peter B. Edelman, Prof. Of Law, Geo. U. L. Center), Peter B. Edelman

Testimony Before Congress

No abstract provided.


When The War On Poverty Became The War On Poor, Pregnant Women: Political Rhetoric, The Unconstitutional Conditions Doctrine, And The Family Cap Restrictions, Carole M. Hirsch Feb 2002

When The War On Poverty Became The War On Poor, Pregnant Women: Political Rhetoric, The Unconstitutional Conditions Doctrine, And The Family Cap Restrictions, Carole M. Hirsch

William & Mary Journal of Race, Gender, and Social Justice

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 Jan 2002

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 Jan 2002

Promoting Community Child Protection: A Legislative Agenda, Leigh S. Goodmark

Book Gallery

No abstract provided.


Whatever Happened To G.I. Jane?: Citizenship, Gender, And Social Policy In The Postwar Era, Melissa E. Murray Jan 2002

Whatever Happened To G.I. Jane?: Citizenship, Gender, And Social Policy In The Postwar Era, Melissa E. Murray

Michigan Journal of Gender & Law

In this Article, it is argued that the GI Bill is consistent with the social welfare policies of the New Deal period, in particular the Social Security Act of 1935, and so should be examined within the analytical framework established by scholars like Linda Gordon and Theda Skocpol in their studies of the Social Security Act's social welfare programs. Although the Bill is gender-neutral on its face, it was framed by normative assumptions about military participation and work that ensured that it was socially understood to benefit male veterans.


Our Welfare: Doing Good And Being Happy, Aviam Soifer Jan 2002

Our Welfare: Doing Good And Being Happy, Aviam Soifer

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane Jan 2002

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.


Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt Jan 2002

Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt

UIC Law Review

No abstract provided.


Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall Jan 2002

Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall

UIC Law Review

No abstract provided.


The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini Jan 2002

The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini

Maryland Law Review

No abstract provided.


Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts Jan 2002

Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts

Maryland Law Review

No abstract provided.


The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith Jan 2002

The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith

Michigan Journal of Gender & Law

In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then …


To Review Or Not To Review - That Is The Question: Interpreting New Evidence In Social Security Disability Claims In The Third Circuit, Kelly Huntley Jan 2002

To Review Or Not To Review - That Is The Question: Interpreting New Evidence In Social Security Disability Claims In The Third Circuit, Kelly Huntley

Villanova Law Review (1956 - )

No abstract provided.


Children In Poverty: Reconciling Children's Interests With Child Protective And Welfare Policies, Sarah H. Ramsey Jan 2002

Children In Poverty: Reconciling Children's Interests With Child Protective And Welfare Policies, Sarah H. Ramsey

Maryland Law Review

No abstract provided.


The Judicial Transformation Of Social Security Disability: The Case Of Mental Disorders And Childhood Disability, Jennifer L. Erkulwater Jan 2002

The Judicial Transformation Of Social Security Disability: The Case Of Mental Disorders And Childhood Disability, Jennifer L. Erkulwater

Political Science Faculty Publications

A full account of the judicial influence on Social Security disability programs would require a book-length, perhaps even encyclopedia-length, treatise and would take us far afield from our present concern. This article focuses narrowly on the activities of Legal Services attorneys, mental health reformers, and children's advocates. Although mental health reformer groups are only one of many antipoverty organizations involved in advocacy efforts on behalf of the disabled poor, they have been among the most persistent, the most active, and the most successful in using a litigation strategy to achieve their larger policy goals. According to one Social Security official, …


Illinois Appellate Court Bars Child Support Ordered From Supplemental Security Income, Jeremy Nix Jan 2002

Illinois Appellate Court Bars Child Support Ordered From Supplemental Security Income, Jeremy Nix

Public Interest Law Reporter

No abstract provided.


Sixth Circuit To Decide Whether Medicaid-Eligible Children Have Redress In Federal Court System, Jamie Rutkowski Jan 2002

Sixth Circuit To Decide Whether Medicaid-Eligible Children Have Redress In Federal Court System, Jamie Rutkowski

Public Interest Law Reporter

No abstract provided.


The Complicated Game Of Child Support In Illinois: Does Anyone Really Win?, Kristina E. Smith Jan 2002

The Complicated Game Of Child Support In Illinois: Does Anyone Really Win?, Kristina E. Smith

Public Interest Law Reporter

No abstract provided.


To Pay Or Not To Pay, That Is The Question: Should Ssi Recipients Be Exempt From Child Support Obligations?, Angela F. Epps Jan 2002

To Pay Or Not To Pay, That Is The Question: Should Ssi Recipients Be Exempt From Child Support Obligations?, Angela F. Epps

Journal Publications

This article will explore whether it is legally permissible for state courts to order Supplemental Security Income (SSI) recipients to pay child support. As background, the history of the SSI program, showing its genesis in a perceived need for uniformity, will be reviewed along with its current requirements. A discussion of federal child support laws will provide additional background.

Although many feel that every parent should be required to pay child support or argue against further federal subsidies, this article proposes an alternate solution. First, SSI recipients should be exempt from payment of child support. Next, the federal government, through …


Justice For Interests Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell Jan 2002

Justice For Interests Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell

Publications

No abstract provided.


Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman Jan 2002

Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman

Journal Articles

Scholars interested in the development of political and constitutional culture during the 1930s sometimes draw inferences about popular preferences on various issues of social and economic policy from the results of presidential and congressional elections. A review of contemporary public opinion polls taken by George Gallup for the American Institute of Public Opinion and by Elmo Roper for the Fortune Magazine survey offers a more granular understanding of popular views on the public policy issues of the day. This article canvasses all of the public opinion polls taken by Gallup and Roper between 1935, when they began publishing their results, …


Symposium - Welfare Reform Ends In 2002: What's Ahead For Low-Income And No-Income Families? Introduction, Karen Syma Czapanskiy Jan 2002

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 Jan 2002

Reconciling Welfare Devolution And Due Process Protection, Cheryl M. Miller

Maryland Law Review

No abstract provided.


Parents, Children, And Work-First Welfare Reform: Where Is The C In Tanf?, Karen Syma Czapanskiy Jan 2002

Parents, Children, And Work-First Welfare Reform: Where Is The C In Tanf?, Karen Syma Czapanskiy

Maryland Law Review

No abstract provided.