Social Welfare Law Commons^™

Megan's Law: Analysis On Whether It Is Constitutional To Notify The Public Of Sex Offenders Via The Internet, 17 J. Marshall J. Computer & Info. L. 1133 (1999), Susan Oakes

UIC John Marshall Journal of Information Technology & Privacy Law

Because of the public demand for stronger governmental action against those who commit violent and sexual offenses against children, Congress implemented "Megan's Law" which mandated that the registered information of criminal child sex offenders be unlimited in disclosure so long as the information released is necessary to protect the public. Megan's Law and the Internet (as useful medium for communicating information on sex offenders), fulfill a similar goal as criminal cases receiving media attention because both aid in protecting the public from potential crimes committed by dangerous sex offenders. Megan's Law is constitutional because it is not punitive and because …

What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz

UIC Law Review

No abstract provided.

Civil Disturbances: Battles For Justice In New York City

Fordham Urban Law Journal

This Collection contains a number of essays that are a part of Civil Disturbances, a collaborative project between artists and lawyers that commemorates various public interest law suits and social justice efforts in New York City. The project itself consists of twenty signs, each representing one specific case, that were designed to be both provoking and informative. This specific Collection contains printings of eight of the signs, as well as separate writings on issues and cases including: disabled people's accessibility to the Empire State Building, child welfare, children's rights, women and the FDNY, rights of the homeless, and welfare benefits. …

Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold

Journal Articles

No abstract provided.

The Wages Of Welfare Reform: A Report On New York City's Job Centers, Rebecca L. Scharf, Barry Bassis, Lorraine Doran, Benjamin Dewitt Duke, Donald Friedman, Matthew Schneider

Scholarly Works

Waving the banner of welfare reform, President Clinton signed historic legislation in August 1996 abolishing poor families' federal entitlement to direct cash assistance and replacing it with a decentralized system of conditional block grants to the states. To qualify for these grants, most states—including New York—overhauled their own welfare systems and added rigorous new welfare-to-work requirements (the most prominent of which is frequently called "workfare"), as well as other programs which became conditions of eligibility for assistance. Not surprisingly, New York City, with one of the largest and most concentrated welfare populations in the United States, has become a crucible …

Child Care In The Postwelfare Reform Era: Analysis And Strategies For Advocates, Rebecca L. Scharf, Jo Ann C. Gong, Alice Bussiere, Jennifer Light, Marc Cohan, Sherry Leiwant

Scholarly Works

Adequate child care is essential to enable poor women to support their families with work outside the home. In 1994 the U.S. General Accounting Office found that offering a child care subsidy to poor mothers increased the likelihood by 15 percent that the mothers would work. An Illinois study found that 20 percent of parents who left public assistance for work returned to assistance because of child care problems. In Minnesota a study found that lack of child care caused 14 percent of parents awaiting child care subsidies to leave their jobs and rely on public assistance. These studies confirm …

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Publications

No abstract provided.

Lost Fidelities, Barry Cushman

Journal Articles

Owen Roberts was accused of a variety of things in 1937, but “fidelity” was not among them. Justice Harlan Fiske Stone and Professor Felix Frankfurter were among many who accused Roberts of performing, as Frankfurter put it, a jurisprudential “somersault” “incapable of being attributed to a single factor relevant to the professed judicial process.” To Frankfurter, it was “all painful beyond words,” and gave him “a sickening feeling which is aroused when moral standards are adulterated in a convent.” Yet when Roberts announced his retirement from the Court eight years later, Chief Justice Stone, along with now-Justices Frankfurter and Robert …

The Effect Of Welfare Reform On Immigrant Children, Gillian Dutton

Faculty Articles

Welfare reform's changes in immigration laws-aimed at working-age adults-may have a lasting effect on immigrant children in the United States. By familiarizing themselves with the most common barriers to assistance and ways to overcome them, advocates can help immigrant children access the benefits they need to lead better lives.

Federalism, Welfare Reform And The Minority Poor: Accounting For The Tyranny Of State Majorities, Sheryll D. Cashin

Georgetown Law Faculty Publications and Other Works

The ideals of federalism contributed significantly to the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which repealed the AFDC entitlement program and devolved broad authority to the states to design and administer programs for welfare reform. Professor Cashin challenges the federalist, a priori assumption that states are the natural situs of policy authority concerning the poor. She argues that the Act is likely to yield harmful consequences for the poor-especially the minority poor-because the political economy of state decisionmaking is more hostile to redistributive aims than is that of national decisionmaking.

The Article tests the …

Welfare Reform And Immigration: Attempting To Find A Domestic Answer To A Global Question, Kostas A. Poulakidas

Indiana Journal of Global Legal Studies

No abstract provided.

Food Stamp Trafficking: Why Small Groceries Need Judicial Protection From The Department Of Agriculture (And From Their Own Employees), Elliot Regenstein

Michigan Law Review

A neon sign in the window of 7-Van Drugs reads "Food Stamps," but the contradictory truth is posted inside on a handwritten sign taped to a thick pane of bulletproof plastic. 7-Van Drugs sits at the intersection of Seven Mile Road and Van Dyke in northern Detroit, where it has "serv[ ed] the community since 1948 at the same corner." Inside 7-Van is an array of staple foods and basic household cleaning items, and there is a small pharmacy in the back. Customers must use a turnstile to pass their purchases through the bulletproof plastic to the cashier. There are …

Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins

Oregon Law Institute, 1998

Course Materials from the April 10, 1998 Program in Portland

The Death Knell For School Expulsion: The 1997 Amendments To The Individuals With Disabilities Education Act , Theresa J. Bryant

American University Law Review

No abstract provided.

Three Generations Of Welfare Mothers Are Enough: A Disturbing Return To Eugenics In The Recent "Workfare" Law, Nicole Huberfeld

Law Faculty Scholarly Articles

In this Article, Nicole Huberfeld examines recent changes in the welfare system, and considers whether these changes are consistent with the stated goals of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Turning to the history of “workfare,” Huberfeld reveals parallels between the reasoning of its proponents, and that of eugenicists. She argues that workfare mirrors eugenics theory because its proponents are imposing particular white, middleclass values upon the poor as a condition to providing them benefits: Through her comparison of workfare and eugenics, Huberfeld cautions against legislation that seeks to regulate the private conduct and personal decisions …

The Challenge To Financial Regulators Posed By Social Security Privatization, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

State Discretion Under New Federal Welfare Legislation: Illusion, Reality, And A Federalism-Based Constitutional Challenge, S. Candice Hoke

Law Faculty Articles and Essays

This article challenges the common characterization of the 1996 welfare reforms. States do not have the ability to do “almost anything they want.” Most notably, states with more compassionate political leadership who wish to counter the national trend may seek areas of flexibility in vain. The Act's mandates and penalties will force all states into particular policies that they may not have chosen had Edelman been correct about the range of their discretionary powers.Edelman's critique typifies the standard assessment of the Act. According to the prevailing view, the Act's policies are objectionable because the federal government has capped the money …

Crafting A Challenge To The Practice Of Drug Testing Welfare Recipients: Federal Welfare Reform And State Response As The Most Recent Chapter In The War On Drugs, Corinne A. Carey

Buffalo Law Review

No abstract provided.

The Ban On Welfare For Felony Drug Offenders: Giving A New Meaning To 'Life Sentence', Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Buying Time For Survivors Of Domestic Violence: A Proposal For Implementing An Exception To Welfare Time Limits, Jennifer Mason Mcaward

Journal Articles

With the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Personal Responsibility Act), states have unprecedented discretion in fashioning their social welfare programs.

This Note examines the Personal Responsibility Act, focusing specifically on the statutory language and history of the sixty-month time limit on receipt of benefits and the two optional exceptions states may enact. This examination reveals that the Act contemplates that states have both the power and the support of Congress and the Department of Health and Human Services to implement exceptions for the benefit of survivors of domestic violence.

Given that states may …

Immanence And Identity: Understanding Poverty Through Law And Society Research, Frank W. Munger

Articles & Chapters

No abstract provided.

Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H.

Touro Law Review

No abstract provided.

The Brady Act: Shot Down By The Tenth Amendment, Patricia A. Rooney

Scholarly Works

No abstract provided.

The Dream Is Still Alive: Twenty-Five Years Of Parkdale Community Legal Services And The Osgoode Hall Law School Intensive Program In Poverty Law, Frederick H. Zemans

Osgoode Hall Law Journal

Over twenty-five years have passed since Parkdale Community Legal Services opened its doors in Toronto, changing the face of poverty law and clinical legal education in Ontario. This article details the formative years of the Parkdale clinic and its ongoing partnership with Osgoode Hall Law School. Despite initial opposition from the legal profession the clinic has survived, evolving into an innovative educational tool and delivery model of legal services. The clinic has become an essential component of the mixed Ontario legal aid system and a pattern for other clinics and clinical education programs in Canada. This article documents the considerations …

Twenty-Five Years Of Dynamic Tension: The Parkdale Community Legal Services Experience, Shelley A.M. Gavigan

Osgoode Hall Law Journal

Parkdale Community Legal Services has been the site of initiatives, challenges, and historic accomplishments in the areas of community-based poverty law, community organizing and law reform, and clinical legal education. In this article, the author takes the occasion of the clinic's twenty-fifth anniversary to consider some of the events and issues that shaped Parkdale's history. Drawing on a range of sources, including evaluations and reports, student writing, and scholarly publications, the author examines the issues and debates that PCLS has sparked at Osgoode Hall Law School, and some of the ground it has broken more generally in its work. The …

The Ellis Archives-1972 To 1981: An Early View From The Parkdale Trenches, S. Ronald Ellis

Osgoode Hall Law Journal

The author was intimately involved with PCLS from 1972 to 1981. Significant extracts from a recently uncovered, personal horde of archival materials--framed by the author's description and explication of the materials' original context--provide old perspectives on a wide range of surprisingly current issues--perspectives which the author believes readers will find still useful. The subject matter includes: the private bar's role in the ultimate success of PCLS and the clinic system; legal aid services; the bar's role in the legal aid system; the need for customized legal services in low-income communities; the role and operation of community based legal clinics; a …

The Demystification Of Legal Discourse: Reconceiving The Role Of The Poverty Lawyer As Agent Of The Poor, Cherie Robertson

Osgoode Hall Law Journal

By employing traditional methods of legal representation when acting on behalf of those living in poverty, lawyers act to perpetuate the disempowerment of poor people.. While the systemic barriers confronting the poor must be addressed, so too must the power of the poor to help themselves through organization and resistance. The task of the poverty lawyer committed to facilitating the agency of the poor is made difficult by the exclusivity and formalism of legal discourse, the constraints of the Rules of Professional Conduct, and by traditional understandings of the appropriate role of lawyers. However, a reconceptualization of the role of …

The Legal Advocate And The Questionably Competent Client In The Context Of A Poverty Law Clinic, Diana A. Romano

Osgoode Hall Law Journal

Advocates representing the poor must, above all, take into account the extreme vulnerability of their clients. This challenge is heightened where one suspects that a client may lack the capacity to provide appropriate instructions. This article considers the issue of how competency should be defined and the options available where incompetency is determined. Ultimately, advocacy must include personal empowerment as well as legal representation.

The Spousal Assault Policy: A Critical Analysis, Leah Rachin

Osgoode Hall Law Journal

This article examines the complex relationship between PCLS's spousal assault policy and the clinic's mandate to practice poverty law. The author addresses the conflict which arises from the clinic's attempt to reconcile two goals-access to justice for all members of Parkdale's poor community and advocacy in the area of violence against women. The article also examines whether poverty can serve as a catalyst for violent behaviour or whether such a hypothesis is based on classist myths and assumptions. Ultimately, the author concludes that if battering can be linked to poverty, then PCLS (as a poverty law clinic) has an obligation …

Safe At Home: Protecting Female Tenants From Violence, Lori A. Pope

Osgoode Hall Law Journal

This article deals with the tension for legal aid clinics between a policy of not representing landlords and a policy of acting for abused women rather than their alleged abusers. Many women face violence where they live, which can jeopardize their tenancies. To combat the resulting legal problems effectively, clinics may need to work indirectly or even directly for landlords. Clinics ought also to consider lobbying for changes to legislation to allow tenants to take action directly against other tenants who threaten their safety. Parkdale Community Legal Services (PCLS), which led the way for other clinics in their adoption of …