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Social Welfare Law Commons™

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Articles 1981 - 2010 of 2378

Full-Text Articles in Social Welfare Law

Welfare Magnets: The Race For The Top, F. H. Buckley, Margaret F. Brinig Jan 1997

Welfare Magnets: The Race For The Top, F. H. Buckley, Margaret F. Brinig

Journal Articles

Race to the bottom explanations of welfare policies suggest that the power to set welfare payouts should be assigned to the federal government. Such theories predict that states cut benefits levels when faced with an increased demand for welfare from welfare migrants. This Article's econometric study of the determinants of AFDC payouts finds no evidence that states react in this way. This suggests that states should be accorded the power to curtail welfare payments to new arrivals through residency requirements, an issue left as moot in Anderson v. Green.

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An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia Jan 1997

An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia

Articles

Given the myriad of professionals involved in protecting children from abuse and neglect, legal practice in the field of child protection requires an understanding of the various disciplines these professionals represent. Professor Scarnecchia argues that such an understanding is necessary in order for the attorney to serve as a zealous advocate for her client. In hopes of creating this understanding in students at the University of Michigan, an interdisciplinary seminar in child abuse and neglect has been created. Professor Scarnecchia details the substantive content of the seminar, discussing specific issues that arise in protecting children. She explains that by using …

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Nonprofit Housing Providers: Can They Survive The Devolution Revolution?, John J. Ammann, Peter W. Salsich, Jr. Jan 1997

Nonprofit Housing Providers: Can They Survive The Devolution Revolution?, John J. Ammann, Peter W. Salsich, Jr.

All Faculty Scholarship

This article examines the potential of nonprofit housing providers to participate effectively in housing programs linked to the welfare reform self-sufficiency movement. It reviews proposals for housing reforms which address expanded roles for nonprofit housing providers. With actual experiences of nonprofits as a framework, it explains their organizational patterns. Further, the article explores the supportive services and incentive programs commonly included in self-sufficiency programs employed by nonprofits and suggests modifications to such programs to improve upward mobility for participants. The authors acknowledge that self-sufficiency plans are not for everyone, and suggests alternative schemes for serving those segments of the population …

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Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem Jan 1997

Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross Jan 1997

Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996 Jan 1997

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.

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The Responsible Corporate Officer, Criminal Liability, And Mens Rea: Limitations On The Rco Doctrine , Cynthia H. Finn Dec 1996

The Responsible Corporate Officer, Criminal Liability, And Mens Rea: Limitations On The Rco Doctrine , Cynthia H. Finn

American University Law Review

No abstract provided.

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The Nature And Structure Of The State, Hermann Heller Dec 1996

The Nature And Structure Of The State, Hermann Heller

Cardozo Law Review

The question of the "purpose" of the state has been a permanent and fundamental problem of all theories of the state ever since Aristotle opened his Politics with the theory of the purpose of the state and placed this sentence at its head: pasa koinonia agathou tivos heneka sunesteken. It was left to the Romantics to contest for the first time the appropriateness of this question and to maintain that the state "just as the plant and the animal" is selfdirected. From that time on, theories have neglected the question of the purpose of the state. They decline to …

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States As International Law-Breakers: Discrimination Against Immigrants And Welfare Reform, Elizabeth Landry Oct 1996

States As International Law-Breakers: Discrimination Against Immigrants And Welfare Reform, Elizabeth Landry

Washington Law Review

As part of the current "devolution revolution," policy makers at the state and federal levels are designing proposals that would permit states to discriminate on the basis of immigration status in determining eligibility for public education, medical care, social services, and cash assistance. This Comment asserts that such proposals violate international human rights norms, by which both federal and state governments are bound. Mbreover, it maintains that legislators must consider international law when crafting proposals that would allow discrimination on the basis of alienage. If they fail to do so, courts are obliged to intervene and ensure that treaty provisions …

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Measuring Poverty: A New Approach, Benjamin Hoorn Barton May 1996

Measuring Poverty: A New Approach, Benjamin Hoorn Barton

Michigan Law Review

A Review of Measuring Poverty: A New Approach by The National Research Council.

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An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms May 1996

An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms

Michigan Law Review

A Review of Joel F. Handler, The Poverty of Welfare Reform and Mark Robert Rank, Living on the Edge: The Realities of Welfare in America

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How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger Apr 1996

How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger

Cornell Law Faculty Publications

No abstract provided.

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Law And Political Culture, Dick Howard Mar 1996

Law And Political Culture, Dick Howard

Cardozo Law Review

A decade ago Habermas announced a project in his The Theory of Communicative Action. Those who slipped into the habit of talking about this project as his Rechtsphilosophie may be surprised by the sobriety of Habermas's choice for the book's title. The foreword to Faktizitat und Geltung rejects any comparison with Hegel's systematic Grundlinien der Philosophie des Rechts. Habermas contrasts his "methodical-pluralistic" proposals to the idealistic concepts of Geist and Sittlichkeit, which are unable to account for complex modern societies. The apparent modesty of Habermas's claims is underlined by his subtitle, Contributions to a Discourse Theory of …

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Historical Perspectives On Fair Housing, 29 J. Marshall L. Rev. 315 (1996), Julian Bond Jan 1996

Historical Perspectives On Fair Housing, 29 J. Marshall L. Rev. 315 (1996), Julian Bond

UIC Law Review

No abstract provided.

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Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella Jan 1996

Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella

UIC Law Review

No abstract provided.

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Introduction: Unemployment Compensation Eligibility, Cheryl A. Leanza Jan 1996

Introduction: Unemployment Compensation Eligibility, Cheryl A. Leanza

University of Michigan Journal of Law Reform

This Introduction will review the Symposium sessions which dealt with eligibility issues. Many of the statements made by the panel participants and audience members highlighted the contemporary problems of a system established over sixty years ago. Thus, this Introduction seeks to record the main points made during these sessions in an effort to contribute to the debate regarding reform of the unemployment compensation system.

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A Case For Pregnancy-Based Unemployment Insurance, Mark R. Brown Jan 1996

A Case For Pregnancy-Based Unemployment Insurance, Mark R. Brown

University of Michigan Journal of Law Reform

Professor Brown argues that unemployment insurance laws should be amended to provide coverage to otherwise eligible, pregnant claimants. Under current law, women who quit because of pregnancy are either disqualified from receiving unemployment benefits altogether or qualify only after childbirth. Those who are fired, meanwhile, often either cannot prove the motivation for their discharge or discover that they are disqualified because of their unavailability for work. Professor Brown uses a case study to illustrate the problems posed by pregnancy and unemployment insurance. He proposes model legislation that extends coverage to all pregnant claimants who temporarily separate from their employment.

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Clarifying Conditions For Nonmonetary Eligibility In The Unemployment Insurance System, Amy B. Chasanov Jan 1996

Clarifying Conditions For Nonmonetary Eligibility In The Unemployment Insurance System, Amy B. Chasanov

University of Michigan Journal of Law Reform

This Article explores the nonmonetary eligibility requirements that unemployed individuals must meet in order to receive Unemployment Insurance (UI) benefits. These eligibility criteria, which are decided by the states, vary significantly. Because states often have relatively vague statutes regarding their specific nonmonetary eligibility criteria, state rules, regulations, and case law interpret these statutes and better define the criteria. The author discusses the results of a recent survey of UI nonmonetary eligibility criteria which provides information on the status of criteria across the nation than has been available previously. The author concludes that policy reform in this area should be focused …

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Timeliness In The Unemployment Compensation Appeals Process: The Need For Increased Federal Oversight, Sharon M. Dietrich, Cynthia L. Rice Jan 1996

Timeliness In The Unemployment Compensation Appeals Process: The Need For Increased Federal Oversight, Sharon M. Dietrich, Cynthia L. Rice

University of Michigan Journal of Law Reform

Anecdotal evidence suggests that during the recession of 1989-1992, unemployment insurance claimants suffered unprecedented delays in the receipt of their benefits. Advocates reported that claimants who were initially denied benefits suffered delays of months, and even years, before the state administrative appeals process resolved their claims. Although federal law establishes timeliness standards for processing appeals, many states did not meet those standards. In this Article, the Authors discuss and analyze the results of a nationwide review of state compliance with federal timeliness standards. They then assess the state and federal responses to the increased number of unemployment insurance claims and …

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Essay: Torquemada And Unemployment Compensation Appeals, William W. Milligan Jan 1996

Essay: Torquemada And Unemployment Compensation Appeals, William W. Milligan

University of Michigan Journal of Law Reform

The premise of this Essay is that unemployment compensation appeals hearings take the form of inquests rather than follow the traditional adversarial model. Given this, the hearing officer carries a special burden of ensuring that due process is afforded. State review systems should structure the process so that the difference, along with the unique burden, is made explicit.

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Due Process Implications Of Telephone Hearings: The Case For An Individualized Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer Jan 1996

Due Process Implications Of Telephone Hearings: The Case For An Individualized Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer

University of Michigan Journal of Law Reform

As the executive branch shrinks and reduces expenditures, its adjudicative functions adjust to the new fiscal reality. Telephone hearings are, therefore, increasingly being used in order to control costs. This Article examines the impact of telephone hearings on the due process elements of unemployment compensation 'fair" hearings. The Authors review the applicable federal and state law and find that there is no absolute bar to using the telephone to conduct administrative hearings. They test the empirical effect of the telephone on hearings in California and Maine. Their analysis of hundreds of hearings indicates that parties to telephone hearings are less …

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Introduction: The Federal-State Partnership Of Unemployment Compensation, Richard W. Fanning Jr. Jan 1996

Introduction: The Federal-State Partnership Of Unemployment Compensation, Richard W. Fanning Jr.

University of Michigan Journal of Law Reform

Federal and state governments jointly administer the unemployment compensation system. Many participants at the Symposium addressed this aspect of unemployment compensation, and it is the topic of the four Articles that follow. This Introduction discusses three broad areas in order to provide a framework for issues concerning federal-state relations in unemployment compensation. This Introduction also will highlight some of the points made by Symposium participants in response to the ideas expressed in the following Articles. Part I addresses how the federal-state partnership operates and defines areas of responsibility for both the states and the federal government. Part I also discusses …

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Unemployment Compensation For Employees Of Educational Institutions: How State Courts Have Created Variations On Federally Mandated Statutory Language, Maribeth Wilt-Seibert Jan 1996

Unemployment Compensation For Employees Of Educational Institutions: How State Courts Have Created Variations On Federally Mandated Statutory Language, Maribeth Wilt-Seibert

University of Michigan Journal of Law Reform

Over the past sixty years, Congress has enacted a system of unemployment insurance for workers who have become unemployed through no fault of their own. While the Social Security Act of 1935 created much of the statutory framework for this system of insurance, Congress did not include employees of educational institutions within its system of unemployment insurance until 1970, when it amended the Federal Unemployment Tax Act of 1954 (FUTA). Since Congress enacted those amendments, each of the fifty states has passed legislation that substantially conforms to the FUTA amendments. Yet, despite the uniformity of state statutory language, state appellate …

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Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison Jan 1996

Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison

Faculty Scholarship

No abstract provided.

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Public Policy And Private Lives: Social And Spatial Dimensions Of Women's Poverty And Welfare Policy In The United States, Ann R. Tickamyer Jan 1996

Public Policy And Private Lives: Social And Spatial Dimensions Of Women's Poverty And Welfare Policy In The United States, Ann R. Tickamyer

Kentucky Law Journal

No abstract provided.

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God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred Jan 1996

God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred

Scholarly Works

In this Article, I argue that poor parents who are willing, but economically unable, to provide proper care for their children are entitled to some minimum level of state assistance grounded in the constitutional right to family integrity. The right to family integrity, when coupled with the state's power as parens patride, creates an affirmative obligation on the state to provide income assistance to impoverished families when necessary to protect the welfare of the children and maintain the family intact.

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Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes Jan 1996

Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes

University of Michigan Journal of Law Reform

In the 1990s, we have witnessed a political movement toward smaller governament and reduced federal funding for social benefits programs. At the same time, evidence suggests that the unemployment insurance (UI) system as it works today still may not benefit all of its intended recipients. The need for improved UI services and the scarcity of resources available to meet this need create a tension between political pressures and constitutional considerations of fairness and due process. While constitutional considerations always override political pressures, the real issue is where to strike the appropriate balance between fundamental fairness and economic reality.

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Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas Jan 1996

Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas

University of Michigan Journal of Law Reform

Emsellem and Halas posit that claimants need representation at unemployment compensation proceedings. Evaluating statistical and survey data, the authors find that representation significantly improves a claimant's chance of receiving unemployment compensation. Improved recovery rates, they argue, benefit not only claimants but also society. The authors analyze the factors inducing employer appeals of compensation awards. They also review the systemic issues that accompany the provision of representation to those unable to afford it or to those unfamiliar with the unemployment compensation process. Finally, the authors present models of expanding claimant representation.

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The Law And Politics Of The Enforcement Of Federal Standards For The Administration Of Unemployment Insurance Hearings, John C. Gray Jr., Jane Greengold Stevens Jan 1996

The Law And Politics Of The Enforcement Of Federal Standards For The Administration Of Unemployment Insurance Hearings, John C. Gray Jr., Jane Greengold Stevens

University of Michigan Journal of Law Reform

Unemployment insurance claimants are entitled to have state unemployment programs administered in accordance with federal standards, which include the provision of prompt and fair hearings for claimants if their applications for benefits are denied. Violations of these rights are widespread, but the United States Department of Labor's Unemployment Insurance Service has never brought a formal proceeding to enforce the federal standards of administration. This Article explains why enforcement of the federal standards is needed and why it has not been provided and suggests methods by which advocates for claimants can seek to enforce federal standards in the face of this …

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Unemployment Compensation: Continuity, Change, And The Prospects For Reform, Jerry L. Mashaw Jan 1996

Unemployment Compensation: Continuity, Change, And The Prospects For Reform, Jerry L. Mashaw

University of Michigan Journal of Law Reform

The Symposium proceedings for which this Introduction provides an overview had a decidedly reformative impulse and focus. Authors and discussants came together not just to ruminate about the future, but to grapple with concrete problems that are both a legacy of the past and the product of relatively recent changes. Reformers found much to criticize and to suggest, whether their focus was on stable structures or newly emerging issues. The purpose of this Introduction is to synthesize the views expressed and to reflect on them from the perspective of a student of benefits administration, but one not expert in the …

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