Social Welfare Law Commons^™

Case No. 3 - Anoxic Encephalopathy In 3 Year Old With A Cardiac Arrest During Orthopedic Surgery Under General Anesthesia For A Broken Elbow, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Anoxic Encephalopathy in 3 year old with a Cardiac Arrest During Orthopedic Surgery under General Anesthesia for a Broken Elbow

Case No. 10 - Post Cardiac Bypass Tamponade Producing Cardiac Arrest And Brain Damage, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Post Cardiac Bypass Tamponade Producing Cardiac Arrest and Brain Damage

Case No. 9 - Death Following Iatrogenic Bowel Perforation After Endoscopic G.I. Procedures, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Death following Iatrogenic Bowel Perforation after Endoscopic G.I. Procedures

Case No. 13 - Delay In Diagnosing A Left Breast Malignant Tumor That Was 7 X 9 Cm. At Diagnosis, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Delay in Diagnosing a Left Breast Malignant Tumor that was 7 x 9 cm. at Diagnosis

Case No. 11 - Respiratory And Cardiac Arrest At 3 Weeks Of Age In A Very Premature Neonate Occurring In The Nicu, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Respiratory and Cardiac Arrest at 3 Weeks of age in a very Premature Neonate Occurring in the NICU

Case No. 6 - Perinatal Complications With Eclampsia, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Perinatal Complications with Eclampsia

Case No. 8 - Perinatal Asphyxia Brain Injury With Fetal Growth Restriction, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Perinatal Asphyxia Brain Injury with Fetal Growth Restriction

Case No. 18 - Death Following A Failure To Diagnose An Acute Myocardial Infarction, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Death Following a Failure to Diagnose an Acute Myocardial Infarction

Case No. 17 - Brain Abscess And Meningitis Following A Dental Abscess In 38 Year Old Woman, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Brain Abscess and Meningitis Following a Dental Abscess in 38 year old Woman

Case No. 16 - Maternal Death In A Patient Who Had Rheumatic Heart Disease, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Maternal Death in a Patient who had Rheumatic Heart Disease

Case No. 20 - Diagnosis And Treatment Of Meningitis In A 3 Week Old Child Who Sustained A Spinal Cord Infarct Following A Cardiac Arrest, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Diagnosis and Treatment of Meningitis in a 3 Week Old Child who Sustained a Spinal Cord Infarct Following a Cardiac Arrest

Case No. 21 - Trauma In Pregnancy, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Trauma in Pregnancy

Case No. 25 - Death Of A 25 Year Old Woman In A Hospital’S Micu With Sepsis And Septic Shock, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Death of a 25 year old Woman in a Hospital’s MICU with Sepsis and Septic Shock

Case No. 23 - Hypertensive Brain Bleed In A 10 Year Old With Undiagnosed Kidney Disease, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Hypertensive Brain Bleed in a 10 year old with Undiagnosed Kidney Disease

How The E-Government Can Save Money By Building Bridges Across The Digital Divide, Alison Rogers

Michigan Journal of Race and Law

As government agencies and federal aid recipients begin to build a presence online, they must recognize that language accessibility is morally required, fiscally responsible, and compulsory under federal civil rights law. This Note explores statutes, federal policies, and case law that purport to protect the rights of limited English proficient (“LEP”) individuals in cyberspace. The Note suggests reforms, policies, and programs that should be adopted by federal aid recipients to ensure that LEP individuals have meaningful access to online services.

Detoxing The Child Welfare System, Allison E. Korn

Faculty Scholarship

This Article considers the varying reasons why drug policies informing child welfare interventions are not evolving as part of the drug policy reform movement, which has successfully advocated for initiatives that decrease mass incarceration, end mandatory minimums, and decriminalize or legalize marijuana use and possession. Many existing child welfare laws and policies that address parental drug use rely on the premise that prenatal exposure to a controlled substance causes inevitable harm to a child. Furthermore, they presume that any amount of drug use by a parent places a child in imminent danger, or is indicative of future risk of harm. …

On The Expansion Of “Health” And “Welfare” Under Medicaid, Laura Hermer

Faculty Scholarship

Medicaid was intended from its inception to provide financial access to health care for certain categories of impoverished Americans. While rooted in historical welfare programs, it was meant to afford the "deserving" poor access to the same sort of health care that other, wealthier Americans received. Yet despite this seemingly innocuous and laudable purpose, it has become a front in the political and social battles waged over the last several decades on the issues of welfare and the safety net. The latest battleground pits competing visions of Medicaid. One vision seeks to transform Medicaid from a health care program into …

Irresponsibly Taxing Irresponsibility: The Individual Tax Penalty Under The Affordable Care Act, Francine J. Lipman, James Owens

Scholarly Works

In recent decades, Congress has used the federal income tax system increasingly to administer and deliver social benefits. This transition is consistent with the evolution of the American welfare system into workfare over the last several decades. As more and more social welfare benefits are conditioned upon work, family composition, and means-tested by income levels, the income tax system where this data is already systematically aggregated, authenticated, and processed has become the go-to administrative agency.

Nevertheless, as the National Taxpayer Advocate Nina Olson has noted there are “substantial differences between benefits agencies and enforcement agencies in terms of culture, mindset, …

Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger

Brooklyn Journal of Corporate, Financial & Commercial Law

This Note addresses the current ambiguity in the law regarding if unpaid interns are employees under the Fair Labor Standards Act. The Note explores relevant case law throughout the circuit courts, but primarily focuses on the Second Circuit’s recent decision in Glatt v. Fox Searchlight Pictures. It argues that the primary benefits test created by the Second Circuit in Glatt does not adequately protect unpaid interns nor does it inform employers of the standards they need to meet in order to adopt legal unpaid internship programs. Instead, courts should adopt a clearer, more rigid test that finds an intern not …

The Unintended Pregnancy Crisis: A No-Fault Fix, Eric Lindenfeld

Marquette Benefits and Social Welfare Law Review

There is an ongoing and concerning public health problem in the United States relating to unintended pregnancies. Despite the fact that women consistently express dissatisfaction with existing contraception methods, the availability of cutting edge technologies remains stagnant. This paper argues that the threat of liability in the form on product liability lawsuits dissuades contraceptive manufacturers from innovating. This paper proposes a no-fault fix to the problem modeled around the National Childhood Vaccine Act of 1986.

Allowing States To Help Workers Safe For Retirement: Department Of Labor's Proposed Rulemaking That Provides A Safe Harbor For State Savings Programs Under Erisa, William A. Nelson

Marquette Benefits and Social Welfare Law Review

There is a “retirement crisis” in America. Contributing to

this crisis is the fact that millions of Americans do not have

access to a retirement savings plan through their employers.

States, concerned with the economic stability of their citizens,

have created laws that require private sector employers to

implement state-administered payroll deduction IRA programs

in their workplaces. Even though many states are currently

debating whether to adopt state payroll deduction programs,

this Article will focus on Oregon, Illinois, and California, which

have enacted laws along those lines.

One obstruction to wider adoption of such state measures

has been uncertainty about …

Essay: Understanding Employment Discrimination Litigation In China Through The Notion Of "Rights Apathy", Sheera Chan, Mimi Zou

Marquette Benefits and Social Welfare Law Review

The psycho-legal concept of “rights apathy” is developed in

this Essay as an underlying factor of the very low rate of

incidence of workplace discrimination lawsuits filed in China,

despite an increasingly elaborate legal framework “on paper”

and workers’ rising awareness of their legal rights under

anti-discrimination laws. “Rights apathy” is underpinned by the

notions of “frustration” and “learned helplessness,” depicting the

indifference of workers in exercising their legal rights before a

tribunal or court. A number of institutional problems, namely

defects in existing anti-discrimination provisions, judicial

practices, and contradictions in other laws, policies, and

practices, can contribute to the …

Comment: Transgender Employment Discrimination Equality In Wisconsin: The Demise Of A Former Lgbtiq+ Rights Trailblazer, Alexandra A. Klimko

Marquette Benefits and Social Welfare Law Review

Wisconsin, once known as “The Gay Rights State” and a

pioneer of the LGBTIQ+ civil rights movement, has

disappointingly failed to create transgender-inclusive

employment discrimination legislation, much like the majority of

American states. As a result, Wisconsin transgender employees

face shocking workplace discrimination with saddening

repercussions felt by transgender individuals who call Wisconsin

home. This Comment identifies the federal, state, and city

approaches that have extended equal employment

discrimination legal protections to transgender workers in the

United States. Further, this Comment urges the Wisconsin

legislature to incorporate “gender identity or expression” to

Wisconsin’s Fair Employment Act as a non-discrimination

category, …

Single Payer And The Rising Cost Of Health Care, Brianna Paolicelli

Cardozo Public Law, Policy & Ethics Journal

The New York Health Act proposes a single-payer healthcare system aimed at providing universal coverage by eliminating private insurers and reducing administrative costs. The Act, persistently advocated by Assemblyman Richard Gottfried since 1992, passed the State Assembly in 2015 but faces opposition, particularly from the insurance industry and the Republican Senate. Despite challenges, the Act is supported by economic research indicating significant cost savings and improved efficiency, drawing on international successes like Canada and Taiwan. It addresses historical and contemporary healthcare issues, offering a comprehensive solution to the state's healthcare needs.

Decriminalizing Violence: A Critique Of Restorative Justice And Proposal For Diversionary Mediation, M. Eve Hanan

All Faculty Scholarship

The movement to reduce over-prosecution and mass incarceration has focused almost exclusively on non-violent offenders despite data showing that over half of all prisoners incarcerated within the United States are sentenced for crimes of violence. As a consequence of the focus on nonviolent offenses, the majority of current and future defendants will not benefit from initiatives offering alternatives to criminal prosecution and incarceration.

A discussion of alternatives to the criminal justice system in cases of violent crime must begin by acknowledging that violent crime is not monolithic. Many incidents meet the statutory elements of a violent crime, that is, the …

Healthcare Access In Women’S Prisons: An Intersectional Perspective, Megan R. Bray

UROP Posters

This project will be identifying the key factors that contribute to the significant lack of health care in prisons in the U.S., specifically in women’s correctional facilities. I will be lending my focus to disparities in mental health, HIV/AIDs care, reproductive health, trans health, and physical health issues among women who are either currently incarcerated or those who have completed their sentences and are at higher risk for re-entry after attempting re-integration. There is a lack of care, access, and proper treatment for women inmates in U.S. prisons and reform is needed. I foresee the best possible way to accomplish …

The Collective Fiduciary, Lauren R. Roth

Scholarly Works

Can fiduciaries be made to serve public goals? The movement under the Patient Protection and Affordable Care Act (“ACA”) towards universal access to health insurance requires us to focus on the fiduciary relationships between large organizations providing access to healthcare and the populations they serve. These relationships have become a collective undertaking instead of a direct, personal relationship.

In this Article, I introduce the concept of the collective fiduciary in response to the shift towards uniform, national goals in the realm of health insurance and healthcare. Only through a collective approach can we hold fiduciaries accountable for the welfare of …