Social Welfare Law Commons^™

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma

Pace Law Review

States such as California, Texas, Montana, Nebraska and Pennsylvania all have either declined to apply for waivers out of the testing, accountability, and penalty schemes of No Child Left Behind; or, have had their applications rejected by the Department of Education. This Article argues that these states would have a legitimate challenge to NCLB as unconstitutionally coercive based on the precedent of Sebelius. As discussed more in the sections that follow, not only is NCLB and Title I the largest federal funding program behind Medicaid, it also shares many of the characteristics that the opinions in Sebelius found to be …

The Compliance Case For Social Enterprise, Joseph W. Yockey

Michigan Business & Entrepreneurial Law Review

Social enterprises generate revenue to solve social, humanitarian, and ecological problems. Their products are not a means to the end of profits, but rather profits are a means to the end of their production. This dynamic presents many of the same corporate governance issues facing other forprofit firms, including legal compliance. The author contends, however, that traditional strategies for corporate compliance are incongruent to the social enterprise’s unique normative framework. Specifically, traditional compliance theory, with its prioritization of shareholder interests, stands at odds with the social enterprise’s mission-driven purpose. Attention to this distinction is essential for developing effective compliance and …

Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek

Touro Law Review

No abstract provided.

Toward A Federal Constitutional Right To Employment, R. George Wright

Seattle University Law Review

This Article outlines an argument for a federal constitutional right to employment. The Article begins by examining the harms and costs of involuntary long-term unemployment. It then discusses the historical contributions to our understanding of the value of work, before drawing on several well-established jurisprudential distinctions to explain why, and to justify initial optimism regarding a constitutional employment right.

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …

Profile - The Jacques Marchais Museum Of Tibetan Art, James Hagy, Kelly Cooper

Rooftops Project

Picture yourself leading a museum tucked into a 21st-century residential neighborhood, housed in a mid-20th-century building, mimicking a 16th-century Tibetan monastery, containing priceless art objects crossing a millennium. The Rooftops Project’s Kelly Cooper and Professor James Hagy visit the Jacques Marchais Museum of Tibetan Art on Staten Island, New York.

Profile - The Jewish Reconstructionist Congregation, Evanston, Illinois, James Hagy, Carlee Cooper

Rooftops Project

A religious congregation envisions a new building better suited to its needs than its existing facility. But the location is perfect at its present suburban property. How might it start over while also observing green design principles? Rooftops Project team member Carlee Cooper and Professor James Hagy tour the new home of the Jewish Reconstructionist Congregation in Evanston, Illinois, with Michael Ross of Ross Barney Architects. It is the first place of worship in the United States to receive a LEED Platinum designation.

Qualified Immunity And Statutory Interpretation, Ilan Wurman

Seattle University Law Review

Before the 1989 case of Graham v. Connor, excessive force cases were pursued under either state law or the insuperable “shocks the conscience” test of the Fourteenth Amendment. Only after Graham did excessive force cases—now under the Fourth Amendment and 42 U.S.C. § 1983—inundate the federal courts, which had by then granted far-reaching immunities to officers for their constitutional torts. As a result of federal qualified immunity doctrine, which many states have adopted for themselves, excessive force cases rarely get to trial, plaintiffs often cannot recover, and courts struggle to find principled distinctions from one qualified immunity case to the …

Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson

Seattle University Law Review

This Comment focuses on the sexual exploitation of both adult women and girls in the life of prostitution. The primary purpose is to explore the difficulties faced by American citizens who are exploited in prostitution (as opposed to foreign nationals who are subject to exploitation). This Comment focuses only on state and local prostitution laws, as opposed to global or federal laws on prostitution. It takes the position that prostitution is not a chosen profession for the vast majority and that prostitution is sexual exploitation. This Comment discusses the experiment of legalization and decriminalization in the Netherlands and Sweden as …

Conditions Of Confinement At Sentencing: The Case Of Seriously Disordered Offenders, E. Lea Johnston

Catholic University Law Review

No abstract provided.

Social Insecurity: A Modest Proposal For Remedying Federal District Court Inconsistency In Social Security Cases, Jonah J. Horwitz

Pace Law Review

This Article addresses a relatively narrow but consequential problem in the system: the inadequacy of federal judicial resolution of appeals from the denial of Social Security disability benefits. It addresses the problem with an equally narrow, and hopefully equally consequential, solution: granting a published district court decision in such a case the power of binding precedent with respect to the judicial district in which the opinion is issued. In so doing, greater uniformity, consistency, fairness, and efficiency would be brought to a process that is badly in need of all.

The Article proceeds in five parts. Part I provides some …

Food Deprivation: A Basis For Refugee Status?, James C. Hathaway

Articles

It is commonplace to speak of those in flight from famine, or otherwise migrating in search of food, as “refugees.” Over the past decade alone, millions of persons have abandoned their homes in countries such as North Korea, Sudan, Ethiopia, Congo, and Somalia, hoping that by moving they could find the nourishment needed to survive. In a colloquial sense, these people are refugees: they are on the move not by choice, but rather because their own desperation compels them to pursue a survival strategy away from the desperation confronting their home communities.

The question addressed here is whether persons in …

Little Emperors And An Army Of Orphans: The Government’S Control Over The Idea Of Family In An Overpopulated World, Corinna L. Miller

Honors College Theses

This research elaborates on the connection between governmental policies for population control and the psychological effects felt by its citizens. Governments enact laws to form and shape their country, but when plans to benefit society as a whole overspill into the personal rights of families, there can be unforeseen consequences that span across cultural, economic and physiological wellbeing. These side effects can have debilitating outcomes for countless generations to come, even after the policy has been abolished. In an age where exponential population growth is a severe problem, this study attempts to understand what happens when governmental policies influence the …

Men And Boys And The Ethical Demand For Social Justice, 20 Wash. & Lee J. Civil Rts. & Soc. Just. 507 (2014), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

This essay makes what some might consider a bold and novel assertion. Relying on fact-based analysis of present day social conditions, it argues that the female-oppression-male-culprit paradigm is antiquated and injurious to both men and women. It claims that existing conceptions of American society in which the vast majority of the nation's men and boys are victimless and empowered, and the core of the nation's women and girls are victims and disempowered, cannot be fundamentally or morally justified. It will demonstrate that today's regimented imperative for addressing gender discrimination and social injustice by allocating legal rights and entitlements exclusively to …

Panorama - London Olympics Site Redevelopment, James Hagy, Dmitriy Ishimbayev

Rooftops Project

The 2012 London Olympics are over, yet the work is just beginning. Solicitor Linda Fletcher of the London office of the law firm Pinsent Masons talked with Dmitriy Ishimbeyev and Professor James Hagy about the 18-year project to redevelop and repurpose the Olympics venue for the longer term as a major, sustainable, mixed-use community in east London.

Profile - The Noguchi Museum, James Hagy

Rooftops Project

Few not-for-profit cultural or historic sites can be traced through a single thread, from heritage in an unlikely industrial setting in Queens; its conversion to workspace for the creation, staging and deployment of art throughout the world; its rededication by the living artist as a museum space while still a working gallery; and ultimately its preservation as a permanent cultural destination. At the Noguchi Museum, members and visitors can appreciate artist Isamu Noguchi’s full body of work in many media, enjoy the tranquility of galleries and gardens in a profoundly close-by urban setting, and understand the context in which that …

Profile - Not-For-Profit As Urban Neighbor: Groundswell, James Hagy, Scott Haggmark

Rooftops Project

Few not-for-profit organizations can claim to have made a dramatic, permanent, outdoor visual impact on more than 450 city blocks through the five boroughs of New York City. Groundswell has done just that. As part of a continuing series looking at not-for-profits as urban neighbors, The Rooftop Project’s Scott Haggmark and Professor James Hagy visit with Amy Sananman and Sharon Polli at Groundswell’s Brooklyn headquarters.

Profile - Not-For-Profit As Urban Neighbor: The Bowery Residents’ Committee, James Hagy, Tamara Salzman

Rooftops Project

From the very beginning of its new headquarters project, The Bowery Residents’ Committee set out not only to serve its mission but to be the very best neighbor. Seriously, how many of us freeze our garbage before putting it out for collection? Muzzy Rosenblatt, Christine Lalor-Chisholm, and John Johnson of The Bowery Residents’ Committee, and Charles Thanhauser and Sarah Corcoran of its architectural firm, TEK Architects, talk with the Rooftops Project’s Tamara Salzman an Professor James Hagy about their approach to this unique project in the heart of Manhattan.

Conditions Of Confinement At Sentencing: The Case Of Seriously Disordered Offenders, E. Lea Johnston

UF Law Faculty Publications

At sentencing, a judge can often foresee that an individual, given his major mental disorder and other vulnerabilities, will experience serious harm in prison. These harms may include psychological deterioration and mental distress, attempted suicide, or victimization by staff or other inmates. In response, some jurisdictions allow a judge to commit a disordered offender for treatment in lieu of incarceration, while others designate need for treatment and undue offender hardship as mitigating factors for use at sentencing. None of these measures, however, goes far enough to protect vulnerable prisoners.

This Article builds a case for expanding judges’ sentencing power by …

Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri

Michigan Law Review

Low-income communities of color in Miami and in cities across the nation both share aspirations of equal justice and democratic participation and suffer the burdens of legal underrepresentation and political disenfranchisement. Such burdens become crippling when, as in Miami, local legal aid offices, public interest organizations, and bar associations lack the resources to provide meaningful private access to justice or to muster significant public engagement in the political process. These burdens become especially crippling when, again as in Miami, local and state governments adopt policies that engender inner-city neglect, economic displacement, and racial exclusion. In these circumstances, volunteer lawyers from …

U.S. Employment Outlook For 2014: Can The U.S. Economy Stand On Its Own?, Randall W. Eberts

Periodical Articles

No abstract provided.

Observing Observational Status -- Auditors And Inequities

Marquette Elder's Advisor

No abstract provided.

Settlement Equals Another Missed Opportunity For The Supreme Court To Define Disparate Impact Claims Under The Fair Housing Act, Erika Flaschner

University of Baltimore Journal of Land and Development

In 2003, the New Jersey Township of Mount Holly designated a neighborhood known as the Gardens as a blighted, high crime area, and called for its redevelopment. The Township adopted a plan to demolish the Gardens and replace it with new residential units, of which only a fraction were designated for affordable housing. However, the predominately minority population of the Gardens filed suit to overturn the blight designation and stop the redevelopment plan on the grounds that the plan violated the Fair Housing Act (FHA) on a disparate impact theory.

Screening The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen

Richmond Journal of Law and the Public Interest

On March 8, 2014, at the conclusion of the 2014 Virginia General Assembly regular session, Virginia joined at least 17 other states that, in this year alone, have introduced proposals to screen or test applicants for illegal substances prior to obtaining public assistance. Following the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which permitted states to conduct drug testing as part of the Temporary Assistance for Needy Families (TANF) program, states began proposing drug screenings for applicants of public welfare benefits. Despite a 2003 Sixth Circuit decision holding that suspicionless drug testing is unconstitutional, in …

Rethinking Social Ventures In Hong Kong, Damian Alexander Bethke, Jedrzej Gorski

Richmond Journal of Global Law & Business

Hong Kong has experienced a significant transformation in its understanding of business, which concerns the phenomenon of social ventures that attempt to combine a make money and do good approach and to apply business skills to address social needs. Social ventures live a mystical existence, as they are fully ignored from a legal perspective despite the recent reform of laws on charitable activities. This causes problems as to their general understanding, which the authors try to address with their own typology, systematically characterizing social ventures. Then the authors examine the legal environment of social ventures in Hong Kong and identify …

Advocacy Outside "The Life": A Guide To Using Legal Services To Build A Public Systems Safety Net For Child Survivors Of Commercial Sexual Exploitation, Allison Green, Sarah Tomkins

Children's Legal Rights Journal

No abstract provided.

Observations On History, Law, And The Rise Of The New Jim Crow In State-Level Immigration Law And Policy For Latinos, Tom I. Romero

Sturm College of Law: Faculty Scholarship

This essay works to connect the history of local enforcement of immigration law and policy against Mexican migrants and Mexican American citizens and its relationship to the creation and perpetuation of what Michelle Alexander has described as a redesigned caste system in the United States. As state and local government authorities then and now sought to define and respond to a “Mexican menace” as the failed enforcement of federal immigration law, such law and policy challenged not only Congress’s seemingly settled plenary power to determine who had license and permission to be in the United States but also who had …

The Thin Red Federal Poverty Line: How Rejecting The Medicaid Expansion Affects Those With Exchange Coverage, 47 J. Marshall L. Rev. 923 (2014), J. Angelo Desantis

UIC Law Review

This Article explores the less-discussed consequences to Exchanges in non-Expansion states. One consequence is that the rules designed to help individuals who fall on hard time maintain coverage can work against the poor in non-Expansion states. In those states, common life events, marriage, divorce, a new child, a job loss, and retirement, can push lower income enrollees out of subsidy eligibility. And if enrollees report income changes to the Exchange — as most Exchanges require — they’ll lose their subsidies. But in non-Expansion states, enrollees may be better off not notifying Exchanges of certain income drops.