Social Welfare Law Commons^™

Welfare, Privacy, And Feminism, Michele E. Gilman

University of Baltimore Law Forum

Feminism has long been concerned with privacy. Second-wave feminists assailed the divide between the public and the private spheres that trapped women in the home, excluded them from the workforce, and subjected them to domestic abuse. Second-wave feminists also argued in favor of a sphere of privacy that would allow women to make reproductive choices without state interference. These were powerful critiques of existing power structures, but they tended to overlook the experiences of poor women. As a condition of receiving welfare benefits, poor women have been subjected to drug tests, and they continue to face unannounced home inspections by …

Common Ground: The Case For Collaboration Between Anti-Poverty Advocates And Public Interest Intellectual Property Advocates, Deborah J. Cantrell

Publications

This article examines the previously unappreciated common ground between scholars and advocates who work to eliminate poverty, and scholars and advocates who work on intellectual property issues in the public interest. The article first illustrates how scholars and advocates working on poverty and on public interest intellectual property have relied on rights talk to frame their social movements. Under the conventional narrative, the framing has accentuated differences between the movements. As the Article explains, the two movements share core principles and should recognize shared interests and goals. By developing a new model of how to view public interest movements, the …

Exiling The Poor: The Clash Of Redevelopment And Fair Housing In Post-Katrina New Orleans, Anita Sinha, Judith Browne-Dianis

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This article is an exploration of the assumption, last made by the U.S. Supreme Court in City of Sherrill v. Oneida Indian Nation of New York, that non-Indian property owners are harmed by Indian acquisition and control of land. Accepting for the moment the Court's prioritization of a non-Indian perspective, the article explores (a) what lies behind non-Indian resistance to Indian land ownership, and (b) whether in fact non-Indians are harmed by proximity to Indian land. The article combines in its analysis core property law concepts with an empirical examination of the changes over time in assessed land value of …

Paying To Save: Tax Withholding And Asset Allocation Among Low- And Moderate-Income Taxpayers, Michael S. Barr, Jane Dokko

Law & Economics Working Papers Archive: 2003-2009

We analyze the phenomenon that low- and moderate-income (LMI) tax filers exhibit a “preference for over-withholding” their taxes, a measure we derive from a unique set of questions administered in a dataset of 1,003 households, which we collected through the Survey Research Center at the University of Michigan. We argue that the relationship between their withholding preference and portfolio allocation across liquid and illiquid assets is consistent with models with present-biased preferences, and that individuals exhibit self-control problems when making their consumption and saving decisions. Our results support a model in which individuals use commitment devices to constrain their consumption. …

Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Regulating The Poor And Encouraging Charity In Times Of Crisis: The Poor Laws And The Statute Of Charitable Uses, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

National crises such as September 11th and Hurricane Katrina resulted in an unprecedented outpouring of charitable generosity by Americans, which was encouraged by the government through tax incentives. This paper examines an earlier period of crisis, Tudor England (1485-1603), where the state encouraged philanthropy as a tool of social and political policy. Certain charitable activities were favored and others disadvantaged to spur private sector resources to resolve public problems.

The article discusses the evolution of the laws regulating the poor, which culminated in the Poor Law Legislation of 1601, a process that developed attitudes toward the poor and concepts of …

From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn

Osgoode Hall Law Journal

In this paper we examine changes in the form and content of Canadian welfare law through a historical, feminist lens using the exemplar of mother-headed families. Our analysis of how the state dealt with sole support mothers in several provinces throughout the twentieth century reveals important continuities, as well as discontinuities, between the past and the present that have shaped and reshaped the lives and experiences of poor women and their children. In doing so, it helps to illuminate how they have been rendered "undeserving" or "never deserving" with the neo-liberal (re)formation of the Keynesian state in Canada.

Class Actions And The Poor, Henry Rose

The University of New Hampshire Law Review

[Excerpt] “Imagine that you are a legal aid lawyer in America whose services are funded by the Federal Legal Services Corporation (LSC). You interview a prospective client and learn that she was recently laid off from her job; she applied for and was denied Unemployment Insurance (UI) benefits by the state; and she is in a desperate financial situation. You accept the client’s case to determine whether she has a legal basis to challenge the denial of her UI claim. You research your client’s problem and form the opinion that the denial of her UI claim was based on a …

Bearing Witness To Economic Injustices Of Undocumented Immigrant Families: A New Class Of "Undeserving" Poor, Francine J. Lipman

Nevada Law Journal

No abstract provided.

"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell

Nevada Law Journal

No abstract provided.

Failure To Connect: The Massachusetts Plan For Individual Health Insurance, Elizabeth Weeks Leonard

Scholarly Works

This Article briefly describes the key features of the Massachusetts Health Care Reform Act, focusing particularly on the Connector. It then offers preliminary thoughts on the expected effect of that mechanism for creating quality, affordable health insurance products for individuals. Observers anticipate that commercial insurers will offer scant coverage and high-premium, high-deductible plans through the Connector, which coverage ultimately may be neither more affordable than products currently or more helpful to covering the cost of health care than no coverage at all. If the Connector fails to facilitate the individual insurance mandate, Massachusetts's promise of universal coverage may begin to …

Empty Laws Make For Empty Stomachs: Hollow Public Housing Laws In Utah And Other States Force The Nation's Poor To Choose Between Adequate Housing And Life's Other Necessities, Timothy Overton

Brigham Young University Journal of Public Law

No abstract provided.

Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien

Faculty Scholarship

To say that poverty remains one of the most pressing issues of our time is a colossal understatement. A staggering number of people on the planet live in poverty. In the United States alone, the working poor and those living at or below the poverty line make up 12.6 percent of our populace.' While these individuals may not all be in imminent danger of starving or homelessness, they often lack basic safeguards that those in the upper socio-economic levels of society take for granted: basic health insurance, access to pension programs, disability coverage, and the certainty of a living wage …

Significant Developments In Veterans Law (2004-2006) And What They Reveal About The U.S. Court Of Appeals For Veterans Claims And The U.S. Court Of Appeals For The Federal Circuit, Michael P. Allen

University of Michigan Journal of Law Reform

Nearly twenty years ago, Congress for the first time created a system for judicial review of decisions denying veterans benefits. Specifically, Congress created an Article I Court: the United States Court of Appeals for Veterans Claims. Veterans dissatisfied with actions of the Department of Veterans Affairs regarding benefits could appeal to the Veterans Court. The United States Court of Appeals for the Federal Circuit provided appellate oversight of the Veterans Court. There simply is nothing like the Veterans Court elsewhere in American law. Yet, despite its uniqueness, there has been little scholarly attention to this institution.

This Article begins to …

The Intersection Between Domestic Violence And The Child Welfare System: The Role Courts Can Play In The Protection Of Battered Mothers And Their Children, Linda Quigley

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Fighting Poverty With Faith: Reflections On Ten Years Of Charitable Choice, Michele E. Gilman

All Faculty Scholarship

Since 1996, the federal government has undertaken major initiatives to fund religious organizations to deliver social services. These programs, called charitable choice, continue to expand and now account for over $2 billion in social welfare spending. However, charitable choice blurs the lines between church and state and is thus highly controversial. This article reflects on ten years of experience with charitable choice and assesses the impact and effectiveness of these programs. There is little empirical evidence that faith-based social services are superior to secular programs. Moreover, religious grantees, and congregations in particular, are often unable to manage large federal grants …

If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele E. Gilman

All Faculty Scholarship

This article analyzes whether President Bush's charitable choice executive orders, which permit religious organizations to apply for federal funds to deliver social services, are a permissible exercise of presidential power. Although Congress has enacted charitable choice provisions in some major statutes, including the 1996 welfare reform act, it debated but did not extend charitable choice throughout the entire federal human services bureaucracy, as do the President's executive orders. The core question the article examines is whether President Bush's charitable choice executive orders constitute permissible gap-filling of ambiguous statutes under the Chevron doctrine or impermissible exercises of executive lawmaking under Youngstown …

Comments: Symposium On Strategies To End Poverty And Inequality, Barbara Arnwine, Jo-Ann Wallace

University of the District of Columbia Law Review

No abstract provided.

Comments: Symposium On Strategies To End Poverty And Inequality, Emma Coleman Jordan

University of the District of Columbia Law Review

No abstract provided.

Comments: Symposium On Strategies To End Poverty And Inequality, Edgar Cahn, Florence Wagman Roisman

University of the District of Columbia Law Review

No abstract provided.

Keynote Address: Symposium On Strategies To End Poverty And Inequality, Tom Perez

University of the District of Columbia Law Review

No abstract provided.

The Catch-22 In Prison Privatization: The Problem With The Solution, Ahmed M.T. Riaz

ExpressO

A step into just about any state prison in the United States reveals an institution plagued by over-population, with just about every prison running at more than 100% capacity. The problem, of course, is not new but one that has received great attention. In the past decade or so the solution has been privatization of state prisons. Proponents of privatization have pushed forth the idea that private institutions are the solution to prison overcrowding. However, by looking to for-profit private institutions as a means to resolving the problems of the penal system, are legislators in fact ensuring that the problems …

The American Tradition Of Racial Profiling, Jean Phan

ExpressO

The enemy has always been easily recognizable in American life: He has been the savage Native American known for scalping people; the black slave bent on ravaging white women; the Asian worker unfairly competing against the white man; the Mexican immigrant who does nothing but leech off the system; the Arab who dreams up terrorist plots, and carries them out. These enemies have always been visible in American society, and yet, they don’t exist in reality. They exist only in the minds of those too afraid to consider that these strange individuals who seem so different, could be just like …

At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Desautels-Stein

ExpressO

This article has two primary goals. The first is descriptive, and seeks to respond to what appears to be an increasing degree of confusion over the word “pragmatism,” especially as it is used in a good deal of legal literature. This descriptive aim begins by separating out three general categories of pragmatism: (1) the so-called “everyday” pragmatism familiar to the American vernacular, (2) the classical philosophy of the early pragmatist authors like William James and John Dewey, and (3) pragmatism as understood in the context of law. The majority of the article is subsequently concerned with exploring this last category, …

When Second Comes First: Correcting Patent’S Poor Secondary Incentives Through An Optional Patent Purchase System, Jordan Barry

ExpressO

As research has advanced, technologies have become more closely knit, and the relationships between them—both complementary and competitive—have become increasingly important. Unfortunately, the patent system’s use of monopoly power to reward innovators creates inefficient results by overly encouraging the development of substitute technologies and discouraging the development of complementary technologies. This paper explains how an optional patent purchase system could help ameliorate such problems and discusses the implications of such a system.

Doomsday: A Look At The Ethical Issues Behind The Government's Coercive Powers In Response To A Public Health Nightmare., Jacob M. Chapman

ExpressO

This article posits a hypothetical scenario in which a deadly pandemic is unleashed upon the United States and the several individuals whom appear to have a natural immunity refuse to participate in necessary research. The article then examines the possible legal and ethical approaches available for reacting to the pandemic.

The hypothetical scenario addressed in this article highlights a gap in current public health law. While various states have laws and procedures relating to quarantine and forced inoculation, these laws and procedures do not suggest whether the state may or may not coerce non-threatening individuals into participating in potentially dangerous …

Book Review | The Battle For Social Security: From Fdr’S Vision To Bush’S Gamble By Nancy J. Altman (2005), Kathryn L. Moore

Law Faculty Scholarly Articles

This book review examines The Battle for Social Security: From FDR’s Vision to Bush’s Gamble by Nancy J. Altman (2005).

Maldef And The Legal Investment In A Multi-Colored America, Tom I. Romero

Sturm College of Law: Faculty Scholarship

This is an essay that comes out of a roundtable on Mexican American Citizenship at the 2006 Annual Meetings of the Western History Association. This essay focuses on the early legal strategy of the Mexican American Legal Defense and Education Fund (MALDEF) to tentatively explore the role that color consciousness played in MALDEF's understanding of law and jurisprudence. Accordingly, the essay briefly explores the manner by which the organization began to conceptualize the non-Whiteness of Mexican Americans as a matter of law in the late 1960s and early 1970s. The analysis is therefore suggestive of not only an important transformation …

¿La Raza Latina?: Multiracial Ambivalence, Color Denial, And The Emergence Of A Tri-Ethnic Jurisprudence At The End Of The 20th Century, Tom I. Romero

Sturm College of Law: Faculty Scholarship

This article is a recent legal history concerning the complicated, inconsistent, and dramatic transformation in the jurisprudential meaning and legal consequence of race, color and ethnic categories in the last decades of the 20th century. Linking school desegregation, bilingual education, and affirmative action jurisprudence to the dramatic growth of the nation's Latina/o community in the second half of the 20th century, the article documents the reasons behind the inability of American law to understand conceptually the idea of a Latino race.

In particular, the article argues that three United States Supreme Court equality of education cases - Keyes v. School …