Social Welfare Law Commons^™

Perspectives - Michael Carlton Of Carlton Architecture, James Hagy, Emily Barile

Rooftops Project

Michael Carlton talks with The Rooftops Project’s Emily Barile and Professor James Hagy about the intersections among architecture, interior design, real estate, and not-for-profit strategic planning.

Panorama - Caring For The Palace Museum, Bejing, China, James Hagy, Cai Bowen

Rooftops Project

Shi Zhimin discusses his work as Director of the Ancient Building Management Office of The Palace Museum in Beijing, still also recognized by many visitors as the former Chinese imperial palace known as The Forbidden City, with Cai Bowen and Professor James Hagy, Director of The Rooftops Project.

Perspectives - Richard Cohn, Motion Picture Gaffer, Magician, Musician, James Hagy, Kristen Porro

Rooftops Project

The Rooftops Project’s Kristen Porro talks with Richard Cohn, Gaffer (Chief Electrician) to the television and movie industry on location in New York City, and performing magician, who shares tricks of his two trades that not-for-profits can use to make the most of often imperfect performance spaces.

Perspectives - Kimse Yok Mu: An Organization’S Effort For The Advancement Of Life, James Hagy, Shaan Lodi

Rooftops Project

The Rooftops Project’s Shaan Lodi talks with Turkish relief organization Kimse Yok Mu about its approach to the real estate needed to support disaster response and other work in often challenging settings in 96 countries.

Lake View – A Roadmap For Asserting The Rights Of The Jailed Mentally Ill, Bettina Brownstein

University of Arkansas at Little Rock Law Review

No abstract provided.

Neither Sad Nor Strange: Recovering The Logic Of Anticruelty Organizations In Gilded Age America, Bryn Resser Pallesen

Michigan Law Review

In 1877, the American Humane Association ("AHA") incorporated as one of the first national organizations dedicated to the protection of animals. Nine years later, it amended its constitution to include the protection of children in its chartered mission. By 1908, there were 354 anticruelty organizations in the United States, 185 of which were, like the AHA, humane societies invested in the welfare of both animals and children (pp. 2-3). As primary source documents reveal, Gilded Age humanitarians viewed the joint pursuit of child and animal protection as entirely sensible (p. 5). One of the Illinois Humane Society's founding directors, for …

A Traditional And Textualist Analysis Of The Goals Of Antitrust: Efficiency, Preventing Theft From Consumers, And Consumer Choice, Robert H. Lande

All Faculty Scholarship

This Article ascertains the overall purpose of the antitrust statutes in two very different ways. First, it performs a traditional analysis of the legislative history of the antitrust laws by analyzing relevant legislative debates and committee reports. Second, it undertakes a textualist or "plain meaning" analysis of the purpose of the antitrust statutes, using Justice Scalia's methodology. It does this by analyzing the meaning of key terms as they were used in contemporary dictionaries, legal treatises, common law cases, and the earliest U.s. antitrust cases, and it does this in light of the history of the relevant times.

Both approaches …

Lifting Burdens: Proof, Social Justice, And Public Assistance Administrative Hearings, Lisa Brodoff

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

U.S. Employment Outlook For 2013, Randall W. Eberts

Periodical Articles

No abstract provided.

All Roads Lead From Vietnam To Your Home Town: How Veterans Have Become Casualties Of The War On Drugs, Susan Stuart

Law Faculty Publications

No abstract provided.

What's Wrong With Stereotyping?, Anita Bernstein

Faculty Scholarship

No abstract provided.

How I Rode The Bus To Become A Law Professor At The University Of Denver Sturm College Of Law: Reflections On Keyes Legacy For The Metropolitan, Post-Racial, And Multiracial 21st Century, Tom I. Romero

Sturm College of Law: Faculty Scholarship

This Essay serves as the foreword to the Denver University Law Review 2013 Symposium: Forty Years Since Keyes v. School District No. 1: Equality of Educational Opportunity and the Legal Construction of Metropolitan America. Over two-and-a-half days, the Law Review, in collaboration with the Tenth Judicial Circuit Historical Society, the Sturm College of Law’s Office of the Dean, the Associate Dean of Institutional Diversity and Inclusiveness, the Constitutional Rights and Remedies Program, and the University of Denver’s Morgridge College of Education, brought together original participants in the case, policy makers, school administrators as well as educators, community activists, and distinguished …

Longevity Insurance: Strengthening Social Security For Older Retirees, 46 J. Marshall L. Rev. 843 (2013), John A. Turner

UIC Law Review

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 …

Should Congress Create A Special Category Of Ssa Aljs, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, Jill C. Engle

Faculty Scholarship

American women and children have been poor in exponentially greater numbers than men for decades. The problem has historic, institutional roots which provide a backdrop for this article’s introduction. English and early U.S. legal systems mandated a lesser economic status for women. Despite numerous legal changes aimed at combating the financial disadvantage of American women and children, the problem is worsening. American female workers, many in low-paying job sectors, earn roughly twenty percent less than their male counterparts. Nearly forty percent of single mothers and their children subsist below the poverty level. The recession exacerbated this problem, mostly because unemployment …

Courts, Capacity And Engagement: Lessons From Hlophe V. City Of Johannesburg, Brian E. Ray

Law Faculty Articles and Essays

The case was one of the first applying the Constitutional Court’s holding in City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another, (2) BCLR 150 (CC) (1 December 2011) (Blue Moonlight) that municipalities have an independent obligation to plan and budget for the emergency accommodation needs of people evicted from private property. The City also was the defendant in that case, and so its repeated failures to accommodate the occupants in Hlophe demonstrated a broader failure to implement the planning, budget and policy requirements that flowed from Blue Moonlight. Judge Satchwell recognised this and issued …

Globalization And The Privatization Of Welfare Administration In Indiana, Alfred C. Aman

Indiana Journal of Global Legal Studies

This article explores the relationship of globalization to domestic law in the context of privatized welfare services in Indiana. It examines the ways that privatization can affect vulnerable populations such as welfare recipients by, in effect, partially dis-embedding the market from the state. It applies Karl Polanyi's conception of a double movement to illustrate how the political process can, in effect, re-embed the market in the state. Utilizing Indiana's recent experiences with welfare administration privatization, this article shows that re-embedding is not a simple question of reversing decisions already taken, but rather a complex sequencing of political and legal engagements. …

Employment Law And Social Equality, Samuel R. Bagenstos

Michigan Law Review

What is the normative justification for individual employment law? For a number of legal scholars, the answer is economic efficiency. Other scholars argue, to the contrary, that employment law protects against (vaguely defined) imbalances of bargaining power and exploitation. Against both of these positions, this Article argues that individual employment law is best understood as advancing a particular conception of equality. That conception, which many legal and political theorists have called social equality, focuses on eliminating hierarchies of social status. This Article argues that individual employment law, like employment discrimination law, is justified as preventing employers from contributing to or …

Snap Food Security In-Depth Interview Study: Final Report, Kathryn Edin, Melody Boyd, James Mabli, Jim Ohls, Julie Worthington, Sara Sternberg Greene, Nicholas Redel, Swetha Sridharan

Faculty Scholarship

The in-depth interviews discussed in this report consist of detailed discussions with 90 SNAP households with children in 6 states (California, Illinois, Indiana, Massachusetts, Rhode Island, and Texas) about their financial situations, their use of SNAP, and their overall food security.

Posthumously Conceived Children And Social Security Survivors' Benefits, Kelsey Brown

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Costs Of The Pay-To-Play Model In High School Athletics, Micah Bucy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Plunging Into Endless Difficulties: Medicaid And Coercion In National Federation Of Independent Business V. Sebelius, Elizabeth Weeks Leonard, Nicole Huberfield, Kevin Outterson

Scholarly Works

Of the four discrete questions before the Court in National Federation of Independent Business v. Sebelius, the Medicaid expansion held the greatest potential for destabilization from both a statutory and a constitutional perspective. As authors of an amicus brief supporting the Medicaid expansion, and scholars with expertise in health law who have been cited by the Court, we show in this article why NFIB is likely to fulfill that promise.

For the first time in its history, the Court held federal legislation based upon the spending power to be unconstitutionally coercive. Chief Justice Roberts’ plurality (joined for future voting purposes …

Globalizing Social Finance: How Social Impact Bonds And Social Impact Performance Guarantees Can Scale Development, Deborah Burand

Articles

While the SIB structure is still in its infancy, there is momentum building to globalize this social finance innovation so that it can help scale development goals around the world. Taking the SIB global is not a simple matter, however. This article explores several of the more challenging issues that are likely to arise in applying a SIB or elements of the SIB structure to social problems and development goals in developing countries. The article begins with a summary review of the goals and structures used in the two earliest SIBs. It then discusses key challenges and opportunities that SIBs …

How The Poor Got Cut Out Of Banking, Mehrsa Baradaran

Scholarly Works

The United States currently has two banking systems — one for the rich, one for the poor. It wasn’t always this way. Throughout U.S. history, the government has enlisted certain banking institutions to serve the needs of the poor and offer low cost credit to enable low-income Americans to escape poverty. Credit unions, savings and loans and Morris Banks are three prominent examples of government-supported institutions with a specific focus of helping the poor. Unfortunately, these institutions are no longer fulfilling their missions and high-cost, usurious, and sometimes predatory check-cashers and payday lenders have quickly filled the void. These fringe …

The Poverty Defense, Michele E. Gilman

All Faculty Scholarship

Poverty is correlated with crime, but it is widely assumed that it should not be a defense. In the 1970s, Judge David Bazelon challenged this assumption, proposing a rotten social background defense, that is, how growing up under circumstances of severe deprivation can subsequently impact a criminal defendant's mental state and actions. Relatedly, other theorists have posited that poverty should be a defense to crime based on poverty's coercive aspects or because society forfeits its right to condemn when it tolerates significant economic inequality. Critics counter that a poverty defense should not be adopted because it is not only inconsistent …

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.

Sharing The Risks And Rewards Of Economic Migration, Anu Bradford

Faculty Scholarship

International cooperation on economic migration has been difficult to achieve. The interests of emigration countries ("source countries") and immigration countries ("destination countries') seem impossible to align. These countries disagree on who should migrate: source countries resist migration that leads to a brain drain, while destination countries welcome these very migrants given that they are likely to be the most productive citizens and the least likely to become fiscal burdens on the destination country. In addition, destination countries resist migration that leads to domestic unemployment through labor replacement. As a result, international economic migration remains restricted at a substantial cost to …