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Social Welfare Law Commons™

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Articles 1891 - 1920 of 2378

Full-Text Articles in Social Welfare Law

Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr. Oct 2000

Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr.

Michigan Law Review

In A Critical Reexamination of the Takings Jurisprudence, I addressed an efficiency problem that arises when the government attempts to change property rights in a manner that burdens a very few for the benefit of the very many. Specifically, in the absence of compensation, the collective action advantage of the few in organizing to oppose the proposed measure will often give them a decided edge against the many. As a result of that advantage, the few will too often be able to persuade the legislature not to act, even when an objective evaluation of the proposal's costs and benefits would …

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Eliminating Consideration Of Parental Wealth In Post-Divorce Child Custody Disputes, Carolyn J. Frantz Oct 2000

Eliminating Consideration Of Parental Wealth In Post-Divorce Child Custody Disputes, Carolyn J. Frantz

Michigan Law Review

There may be no story as old as that of the child of privilege, spoiled in the things of the world, who finally achieves happiness through coming to appreciate the simple charms of working-class life. But equal in strength are the real life stories of American parents: their drive for the accumulation of personal wealth, so frequently justified as "for the children." The place of wealth in the good life of a child is deeply controversial, and it should surprise no one to see it played out in child custody law. Under the statutes of almost all states, custody disputes …

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Just Compensation, Incentives, And Social Meanings, Hanoch Dagan Oct 2000

Just Compensation, Incentives, And Social Meanings, Hanoch Dagan

Michigan Law Review

In Takings and Distributive Justice, I proposed a progressive interpretation of the Compensation Clause. In his response, published in this issue, Professor Lunney challenges the plausibility and the desirability of my interpretation and proposes an alternative. This Essay compares our approaches. It concludes that Professor Lunney's careful examination of the public choice analysis of takings does refine my theory. Contrary to Professor Lunney's claims, however, these refinements reinforce - rather than undermine - the viability of a progressive takings doctrine. Parts I and II set the stage by summarizing the principal claims made, respectively, in my original Article and in …

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Defining Recipients Of Federal Financial Assistance Under The Nondiscrimination Statutes, Heidi A. Reamer Sep 2000

Defining Recipients Of Federal Financial Assistance Under The Nondiscrimination Statutes, Heidi A. Reamer

Washington and Lee Law Review

No abstract provided.

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Partial Privatization Of Social Security: Assessing Its Effect On Women, Minorities, And Lower-Income Workers, Kathryn L. Moore Apr 2000

Partial Privatization Of Social Security: Assessing Its Effect On Women, Minorities, And Lower-Income Workers, Kathryn L. Moore

Law Faculty Scholarly Articles

Once viewed as the “third rail” of politics, Social Security appears to be moving inexorably toward reform. In his 1998 State of the Union address, President Clinton proclaimed strengthening Social Security a high priority and called for bipartisan forums on Social Security reform to be held throughout the United States. Similarly, following the 1998 November elections, congressional leaders expressed commitment to “saving Society Security,” and House Ways and Means Chairman Bill Archer renewed his commitment to bipartisan reform of Social Security as recently as December 8, 1999 in a letter to President Clinton. Congressional hearings on reform proposals are ubiquitous, …

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"Welfare Reform" And Procedural Due Process Protections: The Massachusetts Example, Carolyn Goodwin Apr 2000

"Welfare Reform" And Procedural Due Process Protections: The Massachusetts Example, Carolyn Goodwin

Buffalo Law Review

No abstract provided.

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Community Lawyering: Theory And Practice, Derek Denckla, Matthew Diller Jan 2000

Community Lawyering: Theory And Practice, Derek Denckla, Matthew Diller

Other Publications

Materials for So Goes A Nation: Lawyers and Communities

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Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn Jan 2000

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn Jan 2000

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Economic And Social Rights Come Of Age: United States Held To Account In Iachr, Peter Weiss Jan 2000

Economic And Social Rights Come Of Age: United States Held To Account In Iachr, Peter Weiss

Human Rights Brief

No abstract provided.

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Unmasking The Stranger American Welfare Residency Rules And The Encounter With The Other, Marie Failinger Jan 2000

Unmasking The Stranger American Welfare Residency Rules And The Encounter With The Other, Marie Failinger

Faculty Scholarship

One American welfare doctrine that refuses to die embarrasses the American optimist-modernist credo that time always brings progress. That doctrine, most recently resurrected in President Clinton's welfare reform legislation, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), permits states to impose what euphemistic bureaucrats call a "durational residency requirement" on impoverished citizens seeking government assistance to provide food, clothing, and shelter for their families. Where this rule once meant that impoverished citizens could be denied all welfare benefits for up to a year after they moved to a new state, in its current less draconian form, the …

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Charitable Choice And The Critics, Carl H. Esbeck Jan 2000

Charitable Choice And The Critics, Carl H. Esbeck

Faculty Publications

First, the statute prohibits the government from discriminating with regard to religion when determining whether providers are eligible to deliver social services under these programs. Second, the statute imposes on government the duty not to intrude into the religious autonomy of faith-based providers. Third, the statute imposes on both government and participating FBOs the duty not to abridge certain rights of the ultimate beneficiaries of these programs. I will touch on these three principles below, and do so in reverse order.

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Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri Jan 2000

Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri

Faculty Publications

The recent national efforts at reforming the welfare system and new research on the connection between teen pregnancy and statutory rape have led many states to enact stricter laws against statutory rape and to increase the enforcement of existing laws. Punitive statutory rape laws are being viewed more and more as a mechanism for shrinking the welfare rolls by reducing teen pregnancy. Rigel Oliveri documents the resurgence of statutory rape law and enforcement and explores the ramifications it will have on teen parents. In particular, Oliveri approaches the issue from several analytical frameworks, discussing arguments for consent-based standards, the privacy …

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Reflections On The Future Of Social Justice, Lucia A. Silecchia Jan 2000

Reflections On The Future Of Social Justice, Lucia A. Silecchia

Seattle University Law Review

This Address contains remarks made on October 18, 1999 as part of the Dedication Celebration for the Seattle University School of Law.

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Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein Jan 2000

Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein

University of Arkansas at Little Rock Law Review

No abstract provided.

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Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

Faculty Articles

In this Article, I will bring into view the family, or more explicitly, the dependency hidden within the assumed family. Policy development and social theory considerations should center on assessing the appropriateness of the aspirations and expectations we have for the family. This assessment is crucial to one of the most compelling problems facing society at the end of the Twentieth Century-the increasing inequitable and unequal distribution of societal resources and the corresponding poverty of women and children.

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Caught Between Two Systems: How Exceptional Children In Out-Of-Home Care And Denied Equality In Education, Cynthia Godsoe Jan 2000

Caught Between Two Systems: How Exceptional Children In Out-Of-Home Care And Denied Equality In Education, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

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Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino Jan 2000

Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Models For Safe Child Support Enforcement, Susan Notar, Viki Turetesky Jan 2000

Models For Safe Child Support Enforcement, Susan Notar, Viki Turetesky

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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A House Of Fools: The Child Custody Protection Act, Christopher M. Law Jan 2000

A House Of Fools: The Child Custody Protection Act, Christopher M. Law

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Race, Space And Place: The Internal Critique Of The Empowerment Zones Program, Audrey Mcfarlane Jan 2000

Race, Space And Place: The Internal Critique Of The Empowerment Zones Program, Audrey Mcfarlane

All Faculty Scholarship

This Article examines the extent to which the Empowerment Zones Program is properly viewed as a neutral, rational, and beneficial program for poor, inner-city communities and their residents by exploring the limits and potential of its chief mechanism, economic development, as a tool to achieve social justice for the inner cities. This Article grounds its exploration within the contested terrain of the city, not simply as a legal or juridical concept, but in terms of its reality as a lived place on the eve of the 21st century.

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Government Of The Good , Abner S. Greene Jan 2000

Government Of The Good , Abner S. Greene

Faculty Scholarship

Webster's definition of the noun "good" begins: "something that possesses desirable qualities, promotes success, welfare, or happiness, or is otherwise beneficial." Whether government should promote the good, and in particular whether government should use its powers of persuasion-its "speech," if you will-to promote contested views of the good, is the subject of this Article. I will argue that, as a matter of political theory, government in a liberal democracy not only may promote contested views of the good, but should do so, as well. Further, nothing in our constitutional jurisprudence demands otherwise, assuming certain conditions are met. In taking these …

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Dc Consortium Of Legal Service Providers: Legal Services 2000 Symposium, Peter B. Edelman Jan 2000

Dc Consortium Of Legal Service Providers: Legal Services 2000 Symposium, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

My main point is to urge you to the see what is possible in the way of what I might call a public health approach to lawyering for the poor. In a public health approach you find something that has polluted the river and you clean it up at its source instead of just treating its victims one by one. In legal and societal terms, when we are discussing why so many children are growing up poor and dying a slow death of disappointment, the challenge is to think about it in a public health way. Of course we cannot …

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Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price Oct 1999

Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price

Cardozo Journal of International and Comparative Law

The article critiques the tendency to homogenize violence against women, emphasizing the importance of recognizing its diverse forms and contexts. It focuses on the experiences of immigrant Latinas, particularly those in abusive relationships, and explores how legal, cultural, and ideological factors uniquely constrain their options. By examining the work of a Latina activist, the analysis highlights the need to address the intersection of gender, immigration, and domestic violence through a more nuanced lens. The article advocates for structural changes to empower immigrant women and challenge the existing legal and cultural frameworks that perpetuate their subjugation.

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Impoverished Liberalism: Does The New York Workfare Program Violate Human Rights, Anthony Bertelli Sep 1999

Impoverished Liberalism: Does The New York Workfare Program Violate Human Rights, Anthony Bertelli

Buffalo Human Rights Law Review

No abstract provided.

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"If We Recant, Would We Qualify?": Exclusion Of Religious Providers From State Social Service Voucher Programs, Rebecca G. Rees Sep 1999

"If We Recant, Would We Qualify?": Exclusion Of Religious Providers From State Social Service Voucher Programs, Rebecca G. Rees

Washington and Lee Law Review

No abstract provided.

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The Constitutional Right Of Poor People To Appeal Without Payment Of Fees: Convergence Of Due Process And Equal Protection In M.L.B. V. S.L.J, Lloyd C. Anderson May 1999

The Constitutional Right Of Poor People To Appeal Without Payment Of Fees: Convergence Of Due Process And Equal Protection In M.L.B. V. S.L.J, Lloyd C. Anderson

University of Michigan Journal of Law Reform

In this Article, Professor Lloyd Anderson examines the recent decision M.L.B. v. S.L.J., in which the United States Supreme Court held that due process and equal protection converge to require that states cannot require indigent parents who seek to appeal decisions terminating their parental rights to pay court costs they cannot afford. Noting that this decision expands the constitutional right of cost-free appeal from criminal to civil cases for the first time, Professor Anderson discusses the characteristics a civil case should have in order to qualify for such a right. Professor Anderson proposes a number of other civil cases, …

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Race, Space And Place: The Geography Of Economic Development, Audrey Mcfarlane Apr 1999

Race, Space And Place: The Geography Of Economic Development, Audrey Mcfarlane

All Faculty Scholarship

This Article examines the extent to which the Empowerment Zones Program is properly viewed as a neutral, rational, and beneficial program for poor, inner-city communities and their residents by exploring the limits and potential of its chief mechanism, economic development, as a tool to achieve social justice for the inner cities. This Article grounds its exploration within the contested terrain of the city, not simply as a legal or juridical concept, but in terms of its reality as a lived place on the eve of the 21st century. By explicating some of the unwritten rules and processes of economic development …

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Is Progressive Constitutionalism Possible?, Robin West Apr 1999

Is Progressive Constitutionalism Possible?, Robin West

Georgetown Law Faculty Publications and Other Works

Progressivism is in part a particular moral and political response to the sadness of lesser lives, lives unnecessarily diminished by economic, psychic and physical insecurity in the midst of a society or world that offers plenty. This insecurity is unjust and should end; the suffering should be alleviated, and those lives should be enriched. To do so must be one of the goals of a morally just or justifiable state. Not all suffering and not all lesser lives, of course, give rise to such a response. The suffering attendant to accident, disease, war and happenstance is neither entirely chargeable to …

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Race, Class, Caste…? Rethinking Affirmative Action, Clark D. Cunningham, N.R. Madhava Menon Mar 1999

Race, Class, Caste…? Rethinking Affirmative Action, Clark D. Cunningham, N.R. Madhava Menon

Michigan Law Review

Many who oppose affirmative action programs in the United States because they use "racial" categories such as black, African American, or Latino, claim that equally effective and more equitable programs can be developed using only class categories, such as "low income." A key test case for the "race v. class" debate is admission to law schools, made urgent by recent legal prohibitions on the use of "race" in the admission procedures to state universities in California, Washington, and Texas. An empirical study by Linda Wightman, the former director of research for the Law School Admissions Council (LSAC), has shown that …

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