Social Welfare Law Commons^™

The Pension Game: Age- And Gender-Based Inequities In The Retirement System, Camilla E. Watson

Scholarly Works

This Article begins by stressing the importance of retirement benefits in general and employer-provided benefits in particular. It then addresses specific current issues of age and gender discrimination under both the private retirement and Social Security systems. Gender-based discrimination is emphasized because of the overlap between gender-based discrimination and age discrimination. Finally, this Article suggests specific reforms for a fairer and more adequate systems in the twenty-first century.

Solving The Dilemma Of Work Incentives Under The Social Security Disability & Supplemental Security Income Programs, David S. Whalen

In the Public Interest

No abstract provided.

Homelessness: A Historical Perspective On Modern Legislation, Mark Peters

Michigan Law Review

This Note will demonstrate how current legislative responses to homelessness are bound and crippled by the social reform theories of the nineteenth and early twentieth centuries. Before legislators can devise more efficient remedies to tackle current problems, they must identify and transcend earlier, ineffective thinking. This requires viewing the homelessness problem· in historical perspective. Specifically, legislatures must (1) examine the origins of the legal system's underlying conceptions about homelessness, (2) understand how these conceptions undermined earlier legislation designed to deal with the crisis, and (3) isolate, and escape, the modem manifestations of these conceptions.

This Note examines the early twentieth …

Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen

University of Michigan Journal of Law Reform

Several authorities in the field of estate planning have examined in great detail the options currently available to the parents of disabled children. The options are limited. Ideally, laws should address the concerns of the families of disabled children while providing those families with the incentive to help bear the financial costs of providing for their children. New legislation is needed to achieve this dual objective. This legislation must establish a method by which parents can improve meaningfully the quality of a surviving disabled child's life without substantially increasing the social cost of supporting that disabled child. This Article proposes …

Vi. Government Benefits

Washington and Lee Law Review

No abstract provided.

Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy

BYU Law Review

No abstract provided.

Legal Aid, Public Service And Clinical Legal Education: Future Directions From India And The United States, Frank S. Bloch, Iqbal S. Ishar

Michigan Journal of International Law

In this article, the legal aid traditions and broader public service agendas of clinical legal education in both countries are explored. These sections are followed by a comparison of the legal aid and public service components of the clinical curriculum in the two countries. It is observed that while clinical programs in the United States have tended to shift their focus away from legal aid and public service goals to broader academic and educational goals consistent with the integration of clinical legal education into the law school mainstream, clinical programs in India have remained firmly rooted in and closely tied …

Improving Substance Abuse Treatment For Women, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

Alcohol and other drug use among women of child-bearing age has increased dramatically, and, as a result, more pregnant women are faced with alcohol and other drug problems. The only known national estimate suggests that 11 percent of pregnant women used illegal drugs during their pregnancy. Although pregnant crack-addicted women have received the most media attention, the problem is no less serious for alcohol and other drugs.

Alcohol and other drug use during pregnancy has negative physical and psychological consequences for both the mother and the child. Alcoholic mothers are at risk of having infants with fetal alcohol syndrome, which …

Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar

Articles

In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.

Meeting The Diverse Needs Of The Poor, David T. Link, Harry Specht, Gregory Evans

Journal Articles

Forums such as this develop our understanding of current efforts to bring about positive change for America's poor. The Journal's compilation and dissemination of important, thoughtful essays on poverty is laudable.

The one thing that is clear about the poor and the homeless is that their problems are multi-faceted. No one theory or group can provide all the solutions. People are poor and homeless for a wide variety of reasons, and they need different kinds of help. Providing more income assistance will not cure poverty, and providing more housing will not remedy homelessness. Neither the public nor the private sector …

The Rule Of Law And The Two Realms Of Welfare Administration, William H. Simon

Faculty Scholarship

Although it was not the first case in which the Supreme Court upheld a welfare claim, Goldberg v. Kelly is often thought of as the case that extended the rule of law to the welfare system. In doing so, it repudiated the "right/privilege" distinction that would confine procedural protections of economic interests to private law claims.

But Goldberg did not challenge basic assumptions about the nature of procedural fairness that the legal culture had developed principally in connection with private law claims. Its conception of fairness focused on claims initiated by individuals for relief for themselves, and on an adjudicatory …

Tenants' Rights In Police Power Condemnations Under State Statutes And Procedural Due Process, Eric Wills Orts

University of Michigan Journal of Law Reform

This Note explores the legal arguments available to tenants who want to resist arbitrary or unjustified condemnations of their buildings. Part I provides an overview of the legal and constitutional structure of the police power to condemn buildings. Part II analyzes state statutes governing the condemnation of buildings. Focusing on the statutory rights to notice and opportunity for a hearing provided to tenants, Part II concludes that a majority of states provide inadequate protection for tenants facing eviction by condemnation. Part II then proposes statutory reform, based on an approach taken by a minority of states. Part III demonstrates that …

Untangling "Operation Common Sense": Reopening And Review Of Social Security Administration Disability Claims, Elizabeth S. Ferguson

Michigan Law Review

Part I of the Note outlines how the SSA processes a disability claim and illustrates the ambiguity in the language of the reopening regulations that has caused the split in the courts. Part II examines the four interpretations of the reopening regulations created by courts. Part II begins with the Secretary's interpretation and concludes that this interpretation is plainly inconsistent with the language of the regulations. Thus, courts need not defer, as they normally would, to an agency's interpretation of its own regulation. This Part next examines the alternative interpretations of these regulations advanced by various courts, and describes how …

Mackey V. Lanier Collections Agency & Serv., Inc.: The Supreme Court Diminishes Erisa Preemption Protection For Welfare Benefit Plans, Richard F. Armknecht Iii

Brigham Young University Journal of Public Law

No abstract provided.

Hegel And Postmodernity, Dennis M. Patterson

Cardozo Law Review

No abstract provided.

Welfare Reform: A Summary And Analysis Of Current U.S. Congressional Debate Over The Family Security Act Of 1988, Bette Woody

Trotter Review

Following a lengthy and protracted debate, the 100th U.S. Congress passed PL 100-485, the Family Security Act of 1988, the first major public assistance legislative reform package since passage of the Social Security Act of the late 1930s. The debate over welfare is a long and continuing one which is not expected to end with the current reform. This article presents a brief review of competing perspectives on current legislative reforms related to current law. It does not attempt to tackle the more fundamental debate over the validity or the objectives of welfare, nor does it tackle the complex set …

Retirement Security And Tax Policies: A Reply, Michael J. Graetz

Faculty Scholarship

In an Article published in the April 1987 issue of the University of Pennsylvania Law Review, I urged that the three major components of this nation's retirement income system – Social Security, and income tax preferences for both employer-sponsored pension plans and individual retirement savings – be analyzed as a comprehensive national retirement income security program. I demonstrated that such an integrated view of this tripartite retirement security system reveals serious problems both with Social Security and with the generally applauded "tax expenditure" provisions for private pensions and individual savings. Viewing the three elements as a unified retirement security arrangement …

Preserving Low Income Housing In Maine - An Inventory Of Assisted Housing, Elizabeth H. Mitchell

Maine Collection

Preserving Low Income Housing In Maine - An Inventory of Assisted Housing

Maine State Housing Authority, Augusta , Maine, 1988.

The Indigent Defendant's Right To Psychiatric Assistance: Ake V. Oklahoma 470 U.S. 68 (1985), Kevin T. Smith

North Carolina Central Law Review

No abstract provided.

Families In Peril, Nellie Pappas

Michigan Law Review

A Review of Families in Peril by Marian Wright Edelman

The Public Defender, Robert R. Kimball

Michigan Law Review

A Review of The Public Defender by Lisa J. McIntyre

The Homeless: Judicial Intervention On Behalf Of A Politically Powerless Group, Neil V. Mckittrick

Fordham Urban Law Journal

The "new" homeless are more diverse, encompassing more minorities, women, younger people, and more families. This Article argues first, that judicial intervention on behalf of the homeless is necessary and appropriate because the homeless constitute a politically powerless group and second, that comprehensive legislation, beyond that which has been enacted thus far, is necessary to address the causes of the problem.

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.

Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Termination Of Parental Rights Law, Philip Genty

Faculty Scholarship

In the past decade, the number of female prisoners in New York state and city jails has risen dramatically. Currently, there are 1,890 women incarcerated in New York State prisons, and an additional 1,626 women confined in New York City jails. Approximately seventy- two percent of the women in state prisons are parents, and, according to one informal study, nearly sixty percent of the women in city prisons are single parents with minor children. While some of these women can make formal or informal child care arrangements with relatives or close friends, many others must turn to state-regulated foster care. …

The Social Security Administration's Policy Of Nonacquiescence, Angela M. Johnson

Indiana Law Journal

No abstract provided.

Efficiency, Morality, And Rights: The Significance Of Cleaning Up, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Troubled Marriage Of Retirement Security And Tax Policies, Michael J. Graetz

Faculty Scholarship

This Article concentrates on equitable and distributional aspects of the retirement security problem, although the unified view taken here seems essential to an adequate assessment of the fairness or efficacy either of the three components taken together or of any one of the three. Moreover, because tax legislation serves as the dominant public mechanism for implementing national retirement policy, whether through funding Social Security via the payroll tax or providing tax incentives for both private pensions and individual savings, a unified view of retirement security policy highlights interrelationships, confluences, and potential conflicts between retirement security and tax policy concerns.

This …

The Inapplicability Of Market Theory To Adoptions, Tamar Frankel, Francis H. Miller

Faculty Scholarship

Judge Posner addresses an important issue. More than 130,000 couples in this country want to adopt children, and plenty are available. But most couples want healthy, white infants, and those children are in short supply. To get the child of their choice, these couples are forced to pay large sums of money to intermediaries. On the other hand, many unwed, teenage women face unwanted pregnancies. Many of them opt for abortion, which is relatively inexpensive, or for carrying to term and raising the children themselves, which is governmentally subsidized. But few of these women choose to have the child and …

Law, Politics And The Homeless, Inez Smith Reid

West Virginia Law Review

No abstract provided.

Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein

Antioch Law Journal

This Comment will discuss the judicial review'3 and rulemaking14 provisions of the bill and their possible impact on efforts by atomic veterans to obtain benefits from the Veterans Administration. Part II will provide an overview of the Veterans Administration's claims procedures, describing the criteria currently applied to claims of atomic veterans and the changes contained in the bill. Part III will discuss the critical sections of the bill, including the unique standard of review'5 for factual determinations made in adjudicating individual claims for benefits. In particular, Part III will discuss potential problems posed to reviewing courts applying the standard of …