Social Welfare Law Commons^™

Towards Collaboration Between Lawyers And Social Workers: A Content Analysis Of Joint Degree Programs, Ifem E. Orji

Dissertations, Theses, and Capstone Projects

Collaboration is a central issue in the interdisciplinary education of social work and law students. Joint JD/MSW degrees have the potential to promote collaboration between practitioners of law and social work in areas where their practices converge. The 1969 recommendations by the National Conference of Lawyers and Social Workers (NCLSW) to establish these joint degree programs assumed that collaborative learning would occur within them. However, prior research has not investigated whether or not this occurs. The purpose of this dissertation was to determine whether evidence of the intent to promote collaboration was present in written materials associated with joint degree …

Overtaxing The Working Family: Uncle Sam And The Childcare Squeeze, Shannon Weeks Mccormack

Michigan Law Review

Today, many working parents are caught in a “childcare squeeze”: while they require two incomes just to make ends meet, they end up spending a strikingly large percentage of their income on childcare so that they can work outside the home. Worse still, some parents find themselves “squeezed out” of the market entirely, unable to earn the additional income their families require because they cannot find jobs that pay enough to offset soaring childcare expenses. This Article argues that the tax laws have played an important role in aggravating these hardships. Currently, the Internal Revenue Code treats the childcare costs …

U.S. Employment Outlook For 2016, Randall W. Eberts

Periodical Articles

No abstract provided.

Lawyers And The Secret Welfare State, Milan Markovic

Faculty Scholarship

This Article suggests that the United States maintains a secret welfare state. The secret welfare state exists because of lawyers’ ubiquitous use of questionable practices in representing clients before benefit-granting government agencies, which enable thousands of individual to collect public benefits who may not qualify for them. This Article focuses in particular on lawyers’ handling of evidence of nondisability in Social Security Disability Insurance (SSDI) proceedings and participation in Medicaid planning. It may be possible that the legal profession’s central role in the distribution of public benefits is an obstacle to a fairer and more transparent social safety net.

Guardian Ad Litem, Legal Clinic Program

Course Descriptions and Information

GUARDIAN AD LITEM (GAL): This clinic focuses on legal advocacy on behalf of children, while providing students with a strong foundation in lawyering skills and values. This clinic addresses constitutional, statutory, and common laws impacting children, the legal interests of parents, and the government and the law’s evolving conception of children’s rights.

Housing Clinic, Legal Clinic Program

Clinical Programs Brochures

The Housing Clinic offers a comprehensive set of legal services focused on assisting and empowering low income individuals in housing related matters. Its goal is to instill in students a sense of compassion and responsibility in representing the interests of the under represented. It also provides students with practical training in core legal skills and an understanding of the rules of professional responsibility. Students also study relevant government Programs and policies and assess their success or failure in meeting the needs of people who are homeless or at risk of becoming so.

Homelessness And Legal Advocacy Clinic, Legal Clinic Program

Clinical Programs Brochures

The goals of the Homelessness and Legal Advocacy Clinic are to educate students in homelessness related issues, such as housing, public benefits, family law, and consumer law. In addition to interviewing clients at the Clinic's office, Clinic students interview homeless individuals at the Coalition for the Homeless, the Women's Residential Counseling Center, and potential clients who contact the Clinic.

Medicaid Planning In Idaho, John A. Miller

Articles

No abstract provided.

Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo

Center for Business Research and Development

The large-scale migration of Filipino workers started in the 1970’s as inadequate local employment and livelihood opportunities pointed to overseas opportunities in the booming economy of oil-rich countries in the Middle East. Though initially dominated by male construction workers and seafarers, female migrant workers, mostly in the health care professions, in domestic services and in the entertainment industry, followed suit and, in the most recent available statistical report, have even slightly outnumbered the men. As of the end of 2014, 50.43% of the 2.32 million overseas Filipino workers are women. Collectively, these overseas workers sent about 27 billion dollars in …

Politically Correct Eugenics, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Worse Than Pirates Or Prussian Chancellors: A State's Authority To Opt-Out Of The Quid Pro Quo, Michael C. Duff

Marquette Benefits and Social Welfare Law Review

Privatization of public law dispute resolution in workplaces has been under intense scrutiny in the context of arbitration. Another kind of workplace dispute privatization is presently underway, or under serious consideration, in several states. In connection with state workers’ compensation statutes, one state has implemented, and others are considering, a dispute resolution model in which employers are explicitly authorized to “opt out” of coverage. “Alternative benefit plans,” created under such statutes, permit employers to, among other things, unilaterally and without limitation designate private fact-finders, whose conclusions are subject to highly deferential judicial review. This model is arbitration on steroids. While …

High Prices In The U.S. For Life-Saving Drugs: Collective Bargaining Through Tort Law?, Paul J. Zwier

Marquette Benefits and Social Welfare Law Review

Sudden exorbitant price hikes to patients who have long taken life-saving drugs are more and more common in today’s pharmaceutical market. The anxiety caused to patients who have been prescribed these drugs by their doctors is predictable and severe. Even when initially covered by insurance or through government programs, patients and their families can soon be made destitute by the high copays or caps on payments. This Essay argues that those who buy up life-saving drugs and decide to raise their prices, despite their knowledge of the consequences to patients, are committing the torts of intentional infliction of emotional distress …

Protective Plan Provisions For Employer-Sponsored Employee Benefit Plans, Kathryn J. Kennedy

Marquette Benefits and Social Welfare Law Review

Federal case law has provided plan sponsors of the

Employee Retirement Income Security Act of 1974 (ERISA)

covered plans with the ability to insert plan provisions that are

more favorable to the plan sponsor rather than the plan

participant or beneficiary (so-called “protective plan provisions”).

This Article first examines what is the “plan document” for

purposes of ERISA and what protective plan provisions should

be considered for insertion into the plan document and its

related “instruments.”

A Time To Fly And A Time To Die: Suicide Tourism And Assisted Dying In Australia Considered, Hadeel Al-Alosi

Marquette Benefits and Social Welfare Law Review

In the United Kingdom, a series of high-profile court cases have led the Director of Public Prosecutions to publish a policy clarifying the exercise of its discretion in assisted suicide. Importantly, the experience in the United Kingdom serves as a timely reminder that Australia too should formulate its own guidelines that detail how prosecutorial discretion will be exercised in cases of assisted suicide. This is especially significant given the fact that many Australian citizens are traveling to jurisdictions where assistance in dying is legal. However, any policy should not distract from addressing law reform on voluntary euthanasia. Australian legislators should …

Food Stamps, Unjust Enrichment And Minimum Wage, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

A number of large retail chains with monopsony power, such as Walmart, pay their low level employees so little that these employees are eligible for food stamps and other governmental benefits. In addition to paying low wages, these chains often have hourly restrictions so that their employees are not eligible for overtime pay. At times the chains violate the wage and hour provisions of the Fair Labor Standards Act (FLSA) by making hourly employees work “off the clock,” a practice known as wage theft.

One of the reasons these low wage retailers can pay so little is because their employees …

Lawyers And The Secret Welfare State, Milan Markovic

Fordham Law Review

This Article suggests that the United States maintains a secret welfare state. The secret welfare state exists because of lawyers' ubiquitous use of questionable practices in representing clients before benefit-granting government agencies, which enable thousands of individuals to collect public benefits who may not qualify for them. This Article focuses in particular on lawyers' handling of evidence of nondisability in Social Security Disability Insurance (SSDI) proceedings and participation in Medicaid planning. Although lawyers' conduct in seeking to minimize their clients' tax obligations has received substantial scrutiny, lawyers' conduct in asserting claims to public benefits has not.

Introduction - Fact Patterns From Anonymous Closed Medical Liability Cases, Steven E. Pegalis J.D., Irwin R. Merkatz M.D.

Anonymous Closed Medical Liability Cases

Introduction to the anonymous closed medical liability cases. New York Law School's Patient Safety Project was granted special permission by the New York State Office of Court Administration to obtain and make available these closes cases for the purpose of stimulating "diligent conversations" about the fact patterns so that the discussions can positively impact the safety processes and reduce the future incidence of patient injury.

Case No. 12 - Diagnosis Of A Stage Iii High Grade Right Breast Ductal Carcinoma In Right 1 Breast Of A 35 Year Old Woman Who Palpated A Lump Two Years Earlier., New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Diagnosis of a Stage III High Grade Right Breast Ductal Carcinoma in Right 1 Breast of a 35 year old woman who Palpated a Lump two years earlier.

Case No. 5 - Paraplegia And Spinal Cord Signs Following A Breech Extraction, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Case - Paraplegia and Spinal Cord Signs Following a Breech Extraction

Case No. 7 - Postpartum Maternal Death Associated With Pulmonary Edema And Severe Anemia In A Patient With Preeclampsia, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Postpartum Maternal Death Associated with Pulmonary Edema and Severe Anemia in a Patient with Preeclampsia

Case No. 19 - Risks To The Sciatic Nerve Related To A Leg Lengthening Attempt In A Patient With Congenital Leg Shortening, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Risks to the Sciatic Nerve Related to a Leg Lengthening Attempt in a Patient with Congenital Leg Shortening

Case No. 14 - Pprom, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - PPROM

Case No. 15 - Preterm Cervical Funneling And Incompetent Cervix Leading To A Preterm Birth, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Preterm Cervical Funneling and Incompetent Cervix Leading to a Preterm Birth

Case No. 22 - Paraplegia In A 12 Year Old With A Delayed Diagnosis And Treatment Of Transverse Myelitis, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Paraplegia in a 12 year old with a Delayed Diagnosis and Treatment of Transverse Myelitis

Case No. 24 - Postpartum Anemia And Pulmonary Edema Complicating A Hellp Syndrome Patient With Gallstone Surgery Resulting In A Maternal Death, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Postpartum Anemia and Pulmonary Edema Complicating a HELLP Syndrome Patient with Gallstone Surgery Resulting in a Maternal Death

Case No. 26 - Apls, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - APLS

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, 39 Seattle U. L. Rev. 1199 (2016), Olympia Duhart, Hugh Mundy

UIC Law Open Access Faculty Scholarship

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are …

Case No. 2 - Preventable Maternal Death Due To Hemorrhage, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Preventable Maternal Death Due to Hemorrhage

Case No. 4 - Anoxic Encephalopathy Associated With A "High Spinal" Affect During Cesarean Delivery, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Anoxic Encephalopathy Associated with a "High Spinal" Affect during Cesarean Delivery

Case No. 1 - Anoxic Encephalopathy In A 7 Year Old Experiencing Hemorrhagic Shock Following Liver Biopsy, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Anoxic Encephalopathy in a 7 year old Experiencing Hemorrhagic Shock following Liver Biopsy