Social Welfare Law Commons^™

Cornography: Perverse Incentives And The United States Corn Subsidy, Anthony Kammer

Journal of Food Law & Policy

Among the most important functions we have afforded to the U.S. Congress is the power to reshape social and economic incentive structures through legislation. Proceeding from the enumerated powers under the Constitution and using a complex toolbox of legislative and regulatory innovations, the federal legislature has enormous power to transform the types of behavior that people will perceive as self-interested throughout our economy and thus how those same people are likely to act. Congress can, among other things, create new forms of criminal and civil liability, establish entitlement systems, subsidize industries, encourage behavior through the tax code, regulate interactions among …

The Costs And Impacts Of Rising Food Prices Among Low-Income Households, Elaine Waxman

Journal of Food Law & Policy

The pressure of rising food prices on low-income households is often assumed to be primarily an issue for developing economies, where fluctuations in food staple prices can have dramatic consequences for food security and social and political stability. Observers often note that Americans benefit from relatively low food prices and spend far less to feed their families than their counterparts in many other parts of the world. Indeed, the average American household spent 7.6% of their household expenditures on food purchases at home in 2009, while the comparable percentage exceeded 40% of household expenditures in diverse countries such as Mexico, …

Changing Social Security To Achieve Long-Term Solvency And Make Other Improvements: Background Factors, Issues, Options, Peter W. Martin

Cornell Law Faculty Working Papers

For years those responsible for Social Security and policy analysts have acknowledged that the present statutory framework for determining and financing program benefits is unsustainable. Nonetheless, despite the work of Presidential commissions, countless Congressional hearings, proposals for reform advanced by individuals and groups across the political spectrum, changes to Social Security that would restore its fiscal balance into the foreseeable future have repeatedly been deferred or deflected by the nation's law-makers.

This paper aims to assist analysis of and reflection on the range of options for ensuring Social Security's future while not adding yet another solvency proposal to the already …

"Indifferent [Towards] Indifference:" Post-Deshaney Accountability For Social Services Agencies When A Child Is Injured Or Killed Under Their Protective Watch, Carolina D. Watts

Pepperdine Law Review

No abstract provided.

Profile - The Gates Foundation Leed Platinum Seattle Headquarters, James Hagy

Rooftops Project

In this first article in his series looking at not-for-profits as urban neighbors, Professor James Hagy, Director of The Rooftops Project, visits with the Gates Foundation at its recently opened LEED Platinum Seattle headquarters campus.

Unemployed Veterans During A Recession: Factors Affecting The Completion Rate Of The Vocational Rehabilitation And Employment Program, Chris Witt

Political Science Theses and Capstones

The purpose of my research is to determine what factors affect the outcome of the Vocational Rehabilitation and Employment program. Previous literature examines individuals from each state in various stages of the program to determine which factors cause their individual outcome. Although previous research covered a broad spectrum of factors there still remains a lack of significant evidence to determine the observed outcome. I added state expenditures to the previous data to attempt to determine whether or not there is a correlation between funding and the completion of the program. I used the Department of Veteran Affairs 2007 Veterans Employability …

Renegotiating The Social Contract, Jennifer S. Hendricks

Michigan Law Review

Despite an economic recession and record levels of personal bankruptcy filings due to healthcare costs, President Obama's healthcare reform initiative sparked a season of protests. A "public option"-not to mention a single-payer system-was off the table even before the discussion began. As the question of the reform package's constitutionality wound its way to the Supreme Court, it became clear that a substantial number of American people do not want their government helping them stay alive. In this climate, it is difficult to imagine an America in which the state is an accepted partner in meeting the challenges and responsibilities of …

Purpose Vs. Power: Parens Patriae And Agency Self-Interest, Daniel L. Hatcher

All Faculty Scholarship

The purpose of human service agencies to serve vulnerable populations such as abused and neglected children derives from the common law doctrine of parens patriae, embodying the inherent role of the state as parent of the country. However, along with this foundational purpose, the parens patriae doctrine also provides power that is illusive to public knowledge and oversight. To maintain their cloak of power, the very agencies created to fulfill the parens patriae obligations — to protect the rights of children — have systematically battled the children’s efforts to claim those rights as their own. Also, the agencies have now …

Paving The Road To A More Free World: Adr As Sustainable Development - A Look At Bangladesh , Amadea M. Goresh

Pepperdine Dispute Resolution Law Journal

In this paper, I will look at the sustainable impact that Alternative Dispute Resolution (ADR) programs are having in the third world by examining one such nation in particular, the country of Bangladesh. Due to its historical problems combating poverty and corruption, Bangladesh has uniquely devised alternative, extra judicial means of resolving conflict. I will begin by looking at the current state of affairs of the country's government and judicial systems. Next, I will examine the nation's distinctive dispute resolution mechanism, known as shalish, and then discuss the pivotal role non-governmental organizations (NGOs) are playing in adapting the traditional ADR …

Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto

Pepperdine Dispute Resolution Law Journal

Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating …

Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy

Pepperdine Dispute Resolution Law Journal

In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …

The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos

Law & Economics Working Papers

Two conflicting stories have consumed the academic debate regarding the impact of deinstitutionalization litigation. The first, which has risen almost to the level of conventional wisdom, is that deinstitutionalization was a disaster. The second story does not deny that the results of deinstitutionalization have in many cases been disappointing. But it challenges the suggestion that deinstitutionalization has uniformly been unsuccessful, as well as the causal link critics seek to draw with the growth of the homeless population. This dispute is not simply a matter of historical interest. The Supreme Court’s 1999 decision in Olmstead v. L.C., which held that unjustified …

Cracking The Foundation: Highlighting And Criticizing The Shortcomings Of Mandatory Inclusionary Zoning Practices, Michael Floryan

Pepperdine Law Review

No abstract provided.

Tortious Interference With The Expectancy Of Entitlement Benefits, Paul Caritj

University of Michigan Journal of Law Reform

This Note proposes a new tort to address employers' and their agents' increasing abuse of the Unemployment Insurance appeals process, which interferes with employees' expectancy of entitlement benefits. Though existing state Unemployment Compensation statutes sanction both unemployed workers claiming benefits and employers for making fraudulent statements, these provisions approach the issue of fraud too narrowly to combat this growing problem. Meanwhile, no existing remedy properly compensates victims of this sort of abuse, adequately deters abusive behavior by scaling the penalty to the harm, and is accessible to economically disadvantaged plaintiffs. As well as providing an analysis of the specific problem …

American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody

Center on Children, Families, and the Law: Faculty Publications

This article informs social workers about sexual violence against American Indian and Alaskan Native (AI/AN) women and the policy reforms in the 2010 Tribal Law and Order Act (TLOA). It describes the unmet needs of AI/AN survivors, reviews the TLOA reforms on sexual assault in relation to social work and public health principles, discusses the complementary roles for social workers and public health practitioners in reform efforts, and offers guidance for professional participation that emphasizes tribal sovereignty, indigenous capacity, and cultural competence.

Hunger And U.S. Governmental Policies, Evangelical Advocacy: A Response To Global Poverty

Bibliographies

No abstract provided.

Just Intervention: Differential Response In Child Protection, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Edited By Richard D. Kahlenberg (Century Foundation 2012), 397 Pages, Eloise Pasachoff

University of Michigan Journal of Law Reform Caveat

The last decade has seen a quiet but steady expansion of interest in using socioeconomic diversity in schools to improve educational outcomes. Ten years ago, only a few school districts around the country used formal strategies to integrate their schools along class lines. Today, over eighty school districts around the United States, together educating around four million students, ensure that poor children are taught alongside middle-class and wealthier children through a variety of voluntary integration programs. The message of The Future of School Integration: Socioeconomic Diversity as an Education Reform Strategy, the important new book edited by Richard Kahlenberg, is …

Human Trafficking And Exploitation Of Children And Youth In The United States- Outcome Document, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

The conference entitled, “Human Trafficking and Exploitation of Children and Youth in the United States,” was held at Loyola University Chicago on September 22-23, 2010, sponsored by the Center for the Human Rights of Children.

The purpose of the conference was to bring national, multi-sector and interdisciplinary experts and participants together to discuss the plight of children being trafficked to and within the United States. The goal of the conference was not only to present an overview of child trafficking in the United States, but also to provide an opportunity to initiate dialogue among a network of professionals and to …

Of Greater Value Than The Gold Of Our Mountains”: The Right To Education In Colorado’S Nineteenth Century Constitution, Tom I. Romero

Sturm College of Law: Faculty Scholarship

As the contemporary battle for educational opportunity has moved to state courts, the education clauses of a state's constitution have played prominent roles in the litigation. Of particular concern has been the role that history should play in interpreting the scope and meaning of various provisions of a clause. This Article advances this debate by examining the development of article IX (the education clause) in Colorado's 1876 "Centennial" Constitution. The Article first details the efforts to provide free public education in the United States in the decades leading to the drafting of the Colorado state constitution in 1876. Colorado, as …

Giving Voice To The Underserved: A Review Of How Lower-Income Virginians Fared In The 2012 Virginia General Assembly, Christie Marra, H. Timothy Perry

Richmond Journal of Law and the Public Interest

In 2011, the Census Bureau, after sixteen years of study, released a new, more comprehensive calculus to better gauge poverty in America. This "Supplemental Poverty Measure" (the "SPM") calculates the poverty threshold by estimating not only the cost of food, but also expenses related to clothing, shelter, utilities, and medical costs." Further, the SPM makes adjustment for cost of living, depending upon where the family resides, and also takes into account governmental support, such as food stamps and tax credits, to determine income. Logically, more accurate data on poverty distribution by region, and a more precise measure of the effects …

Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef

Center on Children, Families, and the Law: Faculty Publications

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.

In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …

Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton

Faculty Scholarship

This Article explores the guardian’s role in making, or assisting the ward to make, health care decisions, and provides an overview of existing standards and tools that offer guidance in this area. Part II outlines briefly the legal decisions and statutory developments assuring patient autonomy in medical treatment, and shows how these legal texts apply to and structure the guardian’s role as health care decision-maker. Part III examines the range of legal and practical approaches to such matters as decision-making standards, determining the ward’s likely treatment preferences, and resolving conflicts between guardians and health care agents appointed by the ward. …

Understanding 'Elder Abuse And Neglect': A Critique Of Assumptions Underpinning Responses To The Mistreatment And Neglect Of Older People, Joan Harbison, Steve Coughlan, Marie Beaulieu, Jeff Karabanow, Madine Vanderplaat, Sheila Wildeman, Ezra Wexler

Articles, Book Chapters, & Popular Press

This article provides an overview of the ways in which the mistreatment and neglect of older people have come to be understood as a social problem, one which is underpinned by a variety of substantive and theoretical assumptions. It connects the process of conceptualizing elder abuse and neglect to political-economic and social evolution. The authors draw on a review of the literature, government sources, interest group websites, and their own research to provide a critical commentary illustrating how these understandings have become manifest in legislation, policies, and programs pertaining to "elder abuse and neglect" in Canada. Suggestions are provided for …

A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis

Faculty Scholarship

Social Security disability claims are not supposed to be decided based on the gender of the applicant. Reliance on the apparently neutral mechanism of clinical medical evidence, however, has a disproportionate impact on women bringing disability claims based on fibromyalgia. Recognizing and identifying disability has been delegated by Congress and the Social Security Administration almost entirely to physicians, based upon a misguided and mistaken belief that clinical medical evidence evaluated by a trained physician will answer with certainty whether an individual claimant is capable of working. Fibromyalgia, a diffuse syndrome characterized by excess pain that is overwhelmingly diagnosed in women …

Poverty Law 101: The Law And History Of The U.S. Welfare State, Karen M. Tani

Fordham Urban Law Journal

Poverty law will remain marginalized so long as we confine it to a population that we and our students understand as marginal. Tani discusses Professor Wax’s characterization of the “old welfare law framework,” as well as her account of what happened to it, and would not advocate a return to a court-centered, advocacy-oriented approach.

Reclaiming Demographics: Women, Poverty, And The Common Interest In Particular Struggles, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Invited Symposium Introduction for Jan. 2012 AALS Poverty Section Panel.

Federal/State Tensions In Fulfilling Medicaid’S Purpose, Laura Hermer

Faculty Scholarship

Medicaid has been subject to reconsiderations of the proper role of government in providing for the health and welfare of populations over recent decades. Over the last decade in particular, a number of states have transferred many functions that they once performed to private entities, including, in a number of cases, express policymaking functions. The Patient Protection and Affordable Care Act (ACA) takes some crucial steps towards readjusting the equilibrium of Medicaid. Rather than further prioritizing the market in its reforms, it gives the federal government stronger charge of Medicaid policy, refocusing the program more directly on expanding eligibility and …

Giving Voice To The Underserved: A Review Of How Lower-Income Virginians Fared In The 2012 Virginia General Assembly, Christie Marra, H. Timothy Perry

Richmond Public Interest Law Review

In 2011, the Census Bureau, after sixteen years of study, released a new, more comprehensive calculus to better gauge poverty in America. This "Supplemental Poverty Measure" (the "SPM") calculates the poverty threshold by estimating not only the cost of food, but also expenses related to clothing, shelter, utilities, and medical costs." Further, the SPM makes adjustment for cost of living, depending upon where the family resides, and also takes into account governmental support, such as food stamps and tax credits, to determine income. Logically, more accurate data on poverty distribution by region, and a more precise measure of the effects …

Ten Questions For Social Change Lawyers, William Quigley

Public Interest Law Reporter

No abstract provided.