Social Welfare Law Commons^™

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko

ExpressO

Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman

American University Law Review

Federal employment strategies for people with disabilities do not seem to be working. Scholars argue that the Americans with Disabilities Act and similar legislation that exemplify the disability theory of integrationism with the goal of integrating people with disabilities into mainstream employment cannot succeed. Society cannot eradicate barriers to employment for people with disabilities simply by the integrationist modest approach of reasonable accommodation. A post-integrationist approach may be required to provide legitimate equal employment opportunities for people with disabilities.

In December 2002, the General Accounting Office released its report on its study of three federal business tax incentives to encourage …

Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman

ExpressO

In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be

Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch

University of Michigan Journal of Law Reform

The federal Supplemental Security Income (SSI) program provides cash benefits to financially needy persons who are 65 years of age or older, blind, or disabled. It also provides cash benefits to children with disabilities under the age of 18. This Article examines three sets of regulatory efforts to implement special disability standards for children, based first on the original SSI legislation, then on a seminal Supreme Court decision, and finally on amendments to the Social Security Act overruling the Court's decision, and shows how the "sequential evaluation process," which has been useful for adjudicating adult disability claims, has been a …

Alternative Approaches To Judicial Review Of Social Security Disability Cases, Paul R. Verkuil, Jeffrey S. Lubbers

Articles

The article evaluates proposals for reforming the judicial review process for Social Security disability determinations, highlighting inefficiencies and variability in the current system. It compares the Social Security Administration (SSA) adjudication process with the Department of Veterans Affairs (VA) appeals system, emphasizing the need for a specialized court to address growing caseloads and improve decisional consistency. The analysis advocates for the creation of a Social Security Court, modeled after the Court of Appeals for Veterans Claims, to enhance uniformity, reduce delays, and alleviate the burden on federal courts.

Biological Factors Associated With Aggression And Violent Behavior: A Comparative Analysis Of Scientific, Societal, And Legal Dimensions, Troy M. Bear

ExpressO

No abstract provided.

The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt

ExpressO

No abstract provided.

Procreative Freedom And Convicted Criminals In The United States And The United Kingdom: Is Child Welfare Becoming The New Eugenics?, Elaine E. Sutherland

ExpressO

International law rightly accords procreative freedom a high order of respect and it is easy to understand why that is so. Eugenics, which was advanced initially with good intentions in the belief that it was, indeed, scientific, provides us with a clear example of the dangers that can result from failing to respect procreative freedom. Usually the law in the various parts of the US and the UK mirrors international law’s respect for procreative freedom. Another principle, promoted by international law and, again, given considerable prominence in US and UK jurisprudence, is that the welfare of the child is of …

The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron

ExpressO

No abstract provided.

Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey

Indiana Law Journal

No abstract provided.

Social Security Reform: An Expository Report, Nathan J. Voss

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.

The Lonely Pragmatist: Humanitarian Intervention In An Imperfect World, David Vessel

Brigham Young University Journal of Public Law

No abstract provided.

What (If Anything) Can Economics Say About Equity?, Daniel A. Farber

Michigan Law Review

Does economics have anything to teach us about the meaning of fairness? The leading practitioners of law and economics disagree. Judge Richard Posner argues that economics is largely irrelevant to distributive issues. Posner maintains that the most useful economic measure of social welfare is cost-benefit analysis (which he calls wealth maximization). But, he observes, this economic measure "ratifies and perfects an essentially arbitrary distribution of wealth." Given an ethically acceptable initial assignment of wealth, rules based on economic efficiency may have some claim to be considered fair. On the critical issue of distributional equity, however, Posner apparently believes that economics …

The New Privacy, Paul M. Schwartz, William M. Treanor

Michigan Law Review

In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. In the past forty years, formal claims to government benefits have become more tenuous rather than more secure. …

Testimony Before The Subcommittee On Income Security And Family Support Of The House Committee On Ways And Means, Christopher J. O'Leary

Testimonies

No abstract provided.

Of Child Welfare And Welfare Reform: The Implications For Children When Contradictory Policies Collide, Kay P. Kindred

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

No abstract provided.

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

Cardozo Law Review

No abstract provided.

Should We All Be Welfare Economists?, Richard H. Fallon Jr.

Michigan Law Review

On what normative foundation should the edifice of law and public policy be built? What are proper grounds for claims of individual right, and how, generally, do those grounds relate to considerations of individual well-being and social welfare? In this Essay, I argue that individual well-being and a related concept of social welfare should be important considerations in the design of legal rules, but not the exclusive ones. When the notion of well-being receives substantive content, the most plausible and attractive definitions all allow a distinction between what will best promote a person's well-being and what that person might rationally …

Considerations For States Planning Personal Reemployment Accounts, Christopher J. O'Leary

Conference Papers

No abstract provided.

La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal

Fordham Urban Law Journal

This essay discusses how Family Justice and La Bodega de la Familia respond to the diverse challenges of reintegration post incarceration. It also discusses the benefits of a model of judicial supervision that recognizes individuals' social locations within their families and communities. With the goal of producing more effective and humane prisoner reintegration, especially in the context of drug offenses, the Authors recommend family case management. They additionally encourage parole and criminal justice practice to shift its focus from the individual parolee to families and their strengths.

Damage To Family Relationships As A Collateral Consequence Of Parental Incarceration, Philip M. Genty

Fordham Urban Law Journal

A review of available statistical information shows the irreversible and detrimental impact on parents and children of family separation due to imprisonment. Specifically, it looks to data on parental incarceration, the impact of incarceration upon families, and the difficulties of remedying the consequences to families of parental incarceration. Finally, the Article argues that alternatives to imprisonment should be used where the parent is not subject to high security confinement and that the parental role should be a relevant factor in sentencing.

Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor

UIC Law Review

No abstract provided.

Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …

Religious Values, Legal Ethics, And Poverty Law: A Response To Thomas Shaffer, Stephen Wizner

Fordham Urban Law Journal

Stephen Wizner provides a response to Thomas Shaffer's article on his pursuit of social justice through using religious figures as role models. Wizner argues that Shaffer is clearly right in asserting that there is much in the prophetic literature, and, indeed, in the entire Hebrew Bible and the New Testament, that could serve as a moral impetus for social justice lawyering. One can find considerable support for Shaffer's religious thesis in the texts that he cites, and in the words of the prophets he looks to as role models. Nevertheless, Wizner presents a skeptical response to Professor Shaffer's thoughtful essay. …

Redistributing Optimally: Of Tax Rules, Legal Rules, And Insurance, Kyle D. Logue, Ronen Avraham

Articles

From the beginning of the law and economics movement, normative legal economists have focused almost exclusively on evaluating the efficiency of alternative legal rules. The distributional consequences of legal rules, therefore, have largely been ignored. It is tempting to conclude that legal economists are hostile or indifferent to concerns of distributional fairness. In fact, however, the discipline of economics has a great deal to say about distributional policy. The normative branch of economics, known as welfare economics, has always been deeply concerned with distributional issues. It is not that welfare economists purport to know a priori the "right" or "optimal" …

Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland

Fordham Urban Law Journal

This Article identifies and estimates the ecological dynamics of increasing spatial and social concentration of incarcerated individuals in urban neighborhoods using data from New York City between 1985 and 1997. It argues that this dynamic becomes self-sustaining and reinforcing over time. In conclusion, the Article discusses how high incarceration rates impact the relationships between citizens and the law, directly affecting residents and influencing policy preferences of non-residents.

The Biblical Prophets As Lawyers For The Poor, Thomas L. Shaffer

Fordham Urban Law Journal

Lawyers practicing poverty law often lack mentors and role models. This author discusses how biblical figures, who served poor people, could be mentors and role models for lawyers practicing poverty law. Prophets, and particularly prophets-as-lawyers, redefine power relationships. Shaffer discusses his personal journey through out his career in using religious guidance to help him better understand his career. He also discuss his teachings to his law students of the value of learning from prophets in their legal careers.