Social Welfare Law Commons^™

Double Jeopardy

Touro Law Review

No abstract provided.

Double Jeopardy Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.

Double Jeopardy

Touro Law Review

No abstract provided.

Refugee Crisis In Germany And The Right To A Subsistence Minimum: Differences That Ought Not Be, Ulrike Davy

Georgia Journal of International & Comparative Law

No abstract provided.

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson

Brooklyn Journal of International Law

South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …

Rochac Hernández Et Al. V. El Salvador, Kimberly E. Barreto

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance of five children during El Salvador’s Civil War. The State forcedly took thousands of children to curb rebel forces in rural areas. Unsurprisingly, the Court found violation of several articles of the American Convention, but the case is notable because it addresses Article 19 (Rights of the Child), an article of the Convention rarely discussed.

Opioid Policing, Barbara Fedders

Indiana Law Journal

This Article identifies and explores a new, local law enforcement approach to alleged drug offenders. Initially limited to a few police departments, but now expanding rapidly across the country, this innovation takes one of two primary forms. The first is a diversion program through which officers refer alleged offenders to community-based social services rather than initiate criminal proceedings. The second form offers legal amnesty as well as priority access to drug detoxification programs to users who voluntarily relinquish illicit drugs. Because the upsurge in addiction to —and death from—opioids has spurred this innovation, I refer to it as “opioid policing.” …

Tracking Client Outcomes: A Qualitative Assessment Of Civil Legal Aid's Use Of Outcomes Data, With Recommendations, David Udell, Amy Widman

Cardozo Journal of Equal Rights & Social Justice

In virtually all sectors of society, people are using data to improve what they do. Everyone, it seems, is interested in data, and is searching for best strategies to draw on its power. The stakes are high in the civil legal aid community, where strengthened advocacy can enable people to preserve their homes, their relationships with their children, their life savings, their physical and emotional well-being, and even their freedom.

Yet, in the civil legal aid community, awareness of the power of data is just beginning to take root. Traditionally, civil legal aid has been thinly funded, with little infrastructure …

"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.

2017 Keynote Speech: Poverty's Cost, Daniel Hatcher

University of the District of Columbia Law Review

No abstract provided.

Punishing Poverty: Robinson & The Criminal Cash Bond System, Lauren Bennett

Washington and Lee Journal of Civil Rights and Social Justice

The current cash bail system works in a way that punishes poverty. In Robinson v. California, the Supreme Court held that it is unconstitutional under the Eighth Amendment to punish an individual for a status or condition. Poverty is a status. The cash bail system is unconstitutional under Robinson and the Eighth Amendment because it punishes the status of poverty. Similar to drug addiction, poverty “may be contracted innocently or involuntarily or it might even take hold from the moment of a person’s birth.” Kalief Browder had no control over his family’s financial position. Yet, this financial position kept him …

Eligible Non-Participation In Canadian Social Welfare Programs, Stephanie Ben-Ishai, Jennifer Robson, Saul Schwartz

Articles & Book Chapters

To be effective in meeting their policy or political goals, social programs must reach the intended target groups. Many social programs, however, have low take-up rates. We examine three illustrative federal programs targeted to lower income Canadians and note that efforts by government agencies to serve all they intend to serve vary considerably. In this paper we discuss the sources of eligible non-participation and present estimates of its extent. We point out that the Canada Revenue Agency (CRA) plays a critical role in all three Canadian social welfare programs. We find that the legislative framework governing the CRA may be …

The Exculpatory Contract And Public Policy, Ralph C. Anzivino

Marquette Law Review

Across the country, lawyers have searched for the magic formula to draft an exculpatory contract that would successfully exculpate their client in the event someone was injured while participating in a recreational activity sponsored by the client. Some examples of events would include snow skiing, swimming at a guest-only pool, horseback riding, white-water rafting, camping, running in a marathon, visiting a haunted house at Halloween, or a myriad of other events. The uniform standard by which the enforceability of these exculpatory clauses is measured is whether the exculpatory contract is against public policy.

The public policy of any state can …

A Potential Civil Death: Guardianship Of Persons With Disabilities In Utah, Sydney J. Sell

Utah Law Review

This Note tracks guardianship and guardianship-related issues throughout time while discussing reformation efforts and mechanisms to mitigate the damages guardianship may impose upon a person, especially a person with a disability.

The Pro Bono Collaborative Project Spotlight: Pro Bono Collaborative License Restoration Project Makes A Fresh Start Possible March 2019, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

In Memoriam: M. Cherif Bassiouni, Leonard Cavise

DePaul Journal for Social Justice

No abstract provided.

The The: The Definit(Iv)E Article On Idea, Mark C. Weber

DePaul Journal for Social Justice

No abstract provided.

The Holy See's Compliance With The United Nations Convention On The Rights Of The Child, Kaleigh Mcmanus

DePaul Journal for Social Justice

In recent years, the Holy See has been called upon to address the systematic and epidemic clerical child sexual abuse that has affected children worldwide. However, in spite of the egregious human rights violations that have occurred under the auspices of the Vatican, the Holy See continues to prioritize protection of church’s reputation and impunity of the perpetrators. Policies such as priest shifting and interference with civil investigations have allowed sexual abuse of children to continue. Thus, the Holy See is not in compliance with its legal obligations under the Convention on the Rights of the Child to act in …

The Color Of Power: How Local Control Over The Siting Of Affordable Housing Shapes America, Kate Walz, Patricia Fron

DePaul Journal for Social Justice

Some cities, such as Chicago, have power structures that allow hyperlocal control over the siting of affordable housing—and maintain racial segregation of residential housing as a result. Advocates can push for structural changes that can curb this power and reduce racial segregation. These changes include citywide comprehensive planning, racial equity impact assessments, an overhaul of the zoning process grounded in racial equity, and a comprehensive education campaign to address the city’s long history of segregation and the city’s duty to proactively address it.

Enough Is Enough: Congressional Solutions To Curb Gun Violence In America's K-12 Schools, Michael V. Mcquiller

DePaul Journal for Social Justice

Almost two decades after the massacre at Columbine High School, shootings at our nation’s K-12 schools have become the new normal. More than 350 incidents of gunfire on school campuses have occurred in just the past five years. These have occurred with two federal laws on the books aimed to keep guns away from school campuses. This Article analyzes the Constitution’s Article I provisions, as well as Bill of Rights limitations, that allow Congress to pursue solutions to this epidemic of violence. It also proposes three proactive solutions that could reduce the likelihood of and limit the damage inflicted by …

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay

Seattle University Law Review

This Comment argues that meager or no compensation for prisoners, who are disproportionately black and other persons of color, entraps them and their children in a cycle of subjugation that dates back to the days of slavery, and this Comment proposes to interrupt this cycle by setting a minimum wage for prisoners and creating college savings accounts for their children. As part of the cycle, when people enter prisons and the doors behind them close, so do their families’ bank accounts and the doors to their children’s schools. At the same time, the cells next to them open, ready to …

A Prescription For Charity Care: How National Medical Debt Ills Can Be Alleviated By Integrating State Financial Assistance Policies Into The Nonprofit Tax Exemption, Margarita Kutsin

Seattle University Law Review

Despite having the most expensive healthcare system in the world, the United States has been consistently ranked as having the worst system in terms of equity, efficiency, and healthcare outcomes among industrialized nations. The effects of these systemic issues are grounded in the patient experience as nearly forty-four percent of individuals have forgone recommended treatments and thirty-two percent have reported that they were unable to afford a prescription due to the high cost, according to a study conducted in 2018. Health is sacred, and financial circumstances should not determine the difference between treatment and illness, or life and death. “Financial …

When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr

Seattle University Law Review

This Note will argue that all jurisdictions should follow the Washington State Court of Appeals, Division II in validating makeshift dwellings used by people experiencing homelessness as spaces protected from unwarranted police intrusions by shifting evaluations of “reasonable expectations of privacy” to a more equitable standard that appreciates the realities of economic disparity. This approach to constitutional protections against unreasonable searches and seizures is imperative to protect the rights of people experiencing homelessness, given that such individuals are regularly subjected to invasions of privacy and heightened exposure to the criminal justice system.

Federal Courts And The Poor: Lack Of Standards And Uniformity In Civil In Forma Pauperis Pleadings, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Andrew Hammond's article, Pleading Poverty in Federal Court, shows that there is considerable variation in how federal courts consider requests by the poor for fee waivers in civil litigation. Courts not only use different forms to collect ability-to-pay information but they also apply different standards when determining whether fees should be waived. By focusing attention on federal court in forma pauperis motion practices, Hammond's article sheds light on how the poor can be negatively impacted by routine court practices that might ordinarily be treated as merely administrative. Hammond makes a convincing argument that federal courts should have uniform standards for …

"All The Flowers May Die, But The Thistles Will Live": Sex Trafficking Through The Eyes Of A Police Officer-Researcher, Robert Chrismas

Dignity: A Journal of Analysis of Exploitation and Violence

This article is a description of the research I conducted on the sex industry in Manitoba, Canada, from 2016-2017. I interviewed 61 people, of which six were political leaders, 23 were social workers, 24 were police officers, and eight were sex industry survivors. About half of the practitioners I interviewed are also sex industry survivors. As a veteran police officer with 35 years of law enforcement experience, my research journey was unique from conducting the interviews to reporting my findings. These are some of my experiences and the lessons I learned about gathering and sharing the stories of sex industry …

Putting Family First: The Need For Reform In Minnesota's Foster Care Licensing Statutes And Processes To Support Relative Placement, Joanna Woolman, Elizabeth Slama

Mitchell Hamline Law Review

No abstract provided.

Federalism, Entitlement, And Punishment Across The U.S. Social Welfare State, Wendy A. Bach

Book Chapters

In a 2018 letter the Trump Administration announced that it was open to proposals to include work requirements and other changes in state Medicaid programs. These proposals came in the form of administrative waiver requests that would allow particular states the flexibility to change the rules of Medicaid eligibility in their state. They were seeking permission to condition the receipt of Medicaid on compliance with work requirements and to “align” the Medicaid program with programs like Temporary Assistance to Needy Families. The Obama administration had consistently rejected such requests on the grounds that work requirements did not further the aims …

Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel

Articles

No abstract provided.