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Articles 31 - 33 of 33
Full-Text Articles in Social Welfare Law
Welfare, Due Process, And "Brutal Need": The Requirement Of A Prior Hearing In State-Wide Benefit Reductions, Stephen A. Owens
Welfare, Due Process, And "Brutal Need": The Requirement Of A Prior Hearing In State-Wide Benefit Reductions, Stephen A. Owens
Vanderbilt Law Review
This Note examines the right of welfare recipients to request a prior hearing in the context of state-wide, across-the-board benefit reductions by a state. After reviewing the due process requirement of a pretermination hearing articulated by the Supreme Court in Goldberg v. Kelly, the Note examines the standard for reductions established by the HHS regulations. The Note also considers the various approaches taken by the courts in attempting to determine the constitutional and statutory requirements of a prior hearing in a state-wide reduction. The Note argues that the standard delineated by the HHS regulations and by some courts fails to …
The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott
The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott
Faculty Scholarship
The constitutional mandates of procedural due process have been more sharply defined in recent years as a result of the decision of the Supreme Court in Goldberg v. Kelly. Although the full extent of the doctrine has not yet been delimited, the core proposition seems well established that in the absence of an overriding governmental interest, procedural -due process requires that an individual be accorded notice and a hearing prior to an administrative decision that would adversely affect his ability to subsist by contemporary standards. In applying this principle to the termination of public assistance payments, the Court in …
Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers
Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers
Michigan Law Review
Pursuant to a constitutional provision enabling such action, the Governor asked the supreme court of South Dakota the following question: "Could the legislature enact legislation which would permit the several counties as a county enterprise to raise funds either by supplemental budget or bond or warrant issues with which they might in turn furnish feed loans or even distribute feed as a part of a county poor relief system . . . ?" In answer to this question the court held, in In re Opinion of the Judges, that the furnishing of feed or feed loans to individuals …