Social Welfare Law Commons^™

Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …

Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The New Privacy, Paul M. Schwartz, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews Overseers of the Poor: Surveillance, Resistance and the Limits of Privacy John Gilliom (2001).

In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. …

Beyond Welfare Reform: Economic Justice In The 21st Century, Peter B. Edelman

Georgetown Law Faculty Lectures and Appearances

Thank you so much, Mary Louise. I am deeply honored that you asked me to be here today with you and Tomas and Dan to deliver these remarks in memory of Mario Olmos. He was a wonderful role model for the values that have been celebrated throughout this lecture series, and I am doubly honored to be added to the list of distinguished speaker who have preceded me.

Keffeler V. Department Of Social And Health Services: How The Supreme Court Of Washington Mistook Caring For Children As Robbing Them Blind, Tobias J. Kammer

Washington Law Review

Social Security benefits aid in the basic care of beneficiaries. Washington's Department of Social and Health Services (DSHS) used benefits toward this end until Keffeler v. Department of Social and Health Services. In Keffeler, the Supreme Court of Washington ruled that DSHS, even when acting as representative payee, could not use a foster child's Social Security benefits to pay for his or her current maintenance. The court held that DSHS's use of Social Security benefits to pay for the current maintenance of foster children violated 42 U.S.C. § 407 of the Social Security Act, which protects Social Security …

Unemployment Insurance Overpayments And Underpayments, Stephen A. Woodbury

Testimonies

No abstract provided.

The Child As Other: Race And Differential Treatment In The Juvenile Justice System, Kenneth B. Nunn

UF Law Faculty Publications

In this Article, I will focus on the treatment of African American children as the "other" in the juvenile justice system. As previously stated, African American children are not the only ones who may be treated as the "other." Latino, Native American, Asian, and even white children may be "othered" in the appropriate social context. My concern here, however, is with African American children. I focus on their condition because I believe it is exemplary of how all children who are perceived as children of the "other" are treated and because, in some ways, the treatment of African American children, …

Conceivable Sterilization: A Constitutional Analysis Of A Norplant/Depo-Provera Welfare Condition, Kimberly A. Smith

Indiana Law Journal

No abstract provided.

"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman

All Faculty Scholarship

Since 1996, Congress has included charitable choice provisions in several social welfare statutes to encourage the participation of religious organizations in administering government-funded social service programs. In this Article, Professor Michele Gilman discusses the lack of accountability to beneficiaries that occurs when public funds are given to religious organizations for secular programs, and she proposes solutions to this problem. As Professor Gilman explains, doctrines that constrain abuses of governmental discretion, such as administrative procedure acts and constitutional restrictions, generally do not apply when public programs are privatized. Moreover, religious organizations are often insulated from public scrutiny because of First Amendment …

The Needs Of The Working Poor: Hearing Before The S. Comm. On Health, Education, Labor And Pensions, 107th Cong., Feb. 14, 2002 (Statement Of Peter B. Edelman, Prof. Of Law, Geo. U. L. Center), Peter B. Edelman

Testimony Before Congress

No abstract provided.

When The War On Poverty Became The War On Poor, Pregnant Women: Political Rhetoric, The Unconstitutional Conditions Doctrine, And The Family Cap Restrictions, Carole M. Hirsch

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

No abstract provided.

Language Matters: Designing State And County Contracts For Services Under Temporary Assistance For Needy Families, Eileen Sweeney, Barbara L. Bezdek, Sharon Parrott, Carol W. Medaris, Cary Lacheen

Faculty Scholarship

No abstract provided.

Promoting Community Child Protection: A Legislative Agenda, Leigh S. Goodmark

Book Gallery

No abstract provided.

Whatever Happened To G.I. Jane?: Citizenship, Gender, And Social Policy In The Postwar Era, Melissa E. Murray

Michigan Journal of Gender & Law

In this Article, it is argued that the GI Bill is consistent with the social welfare policies of the New Deal period, in particular the Social Security Act of 1935, and so should be examined within the analytical framework established by scholars like Linda Gordon and Theda Skocpol in their studies of the Social Security Act's social welfare programs. Although the Bill is gender-neutral on its face, it was framed by normative assumptions about military participation and work that ensured that it was socially understood to benefit male veterans.

Our Welfare: Doing Good And Being Happy, Aviam Soifer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.

Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt

UIC Law Review

No abstract provided.

Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall

UIC Law Review

No abstract provided.

The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini

Maryland Law Review

No abstract provided.

Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts

Maryland Law Review

No abstract provided.

The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith

Michigan Journal of Gender & Law

In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then …

To Review Or Not To Review - That Is The Question: Interpreting New Evidence In Social Security Disability Claims In The Third Circuit, Kelly Huntley

Villanova Law Review (1956 - )

No abstract provided.

Children In Poverty: Reconciling Children's Interests With Child Protective And Welfare Policies, Sarah H. Ramsey

Maryland Law Review

No abstract provided.

Serving Market Needs, Not People's Needs: The Indignity Of Welfare Reform , Muneer Ahmad

American University Journal of Gender, Social Policy & the Law

No abstract provided.

An Inspiration For Political Lawyering: Welfare Reform Activism In The District Of Columbia , Erin M. Loubier

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Reshaping The Welfare Debate: The Poor People's Labor Movement , Kevin M. Ryan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Welfare Entitlements In The Era Of Devolution, Christine N. Cimini

Articles

In 1996, the Republican Congress and Democratic President enacted the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), ushering in a new era of public benefits. This 1996 act’s fundamental change to the administration and substance of public benefits called into question the applicability of a substantial body of procedural due process doctrine. As a result, unanswered questions remain regarding the applicability of established due process doctrine in the welfare reform context. This Article analyzes whether public law entitlements exist in the context of PRWORA’s first order devolution from the federal to state governments as well as some states’ second …

The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini

Articles

This Article analyzes the due process implications of the change in welfare administration from a federal statutory entitlement model to the devolved contractual model and posits that, despite the changes, due process protections still exist. These protections arise from the private law of contracts on two different levels. The first level is the macro, or implied, contract, that I refer to as the social contract between the government and the populace. The existence of this social contract is evidenced in numerous sources including: political theories that explore the use of governmental authority; foundational democratic legal sources, such as the Declaration …

The Judicial Transformation Of Social Security Disability: The Case Of Mental Disorders And Childhood Disability, Jennifer L. Erkulwater

Political Science Faculty Publications

A full account of the judicial influence on Social Security disability programs would require a book-length, perhaps even encyclopedia-length, treatise and would take us far afield from our present concern. This article focuses narrowly on the activities of Legal Services attorneys, mental health reformers, and children's advocates. Although mental health reformer groups are only one of many antipoverty organizations involved in advocacy efforts on behalf of the disabled poor, they have been among the most persistent, the most active, and the most successful in using a litigation strategy to achieve their larger policy goals. According to one Social Security official, …

Illinois Appellate Court Bars Child Support Ordered From Supplemental Security Income, Jeremy Nix

Public Interest Law Reporter

No abstract provided.