Social Welfare Law Commons^™

The Medicare Prospective Payment System: Its Impact On The Quality Of Health Care Received By The Elderly, Marcy Cohen

In the Public Interest

No abstract provided.

Child Abuse: A Practitioner's Guide To The Trial Of Child Abuse Cases In Criminal Court, Catherine Tinker

NYLS Journal of Human Rights

No abstract provided.

An Offer She Can’T Refuse: When Fundamental Rights And Conditions On Government Benefits Collide, Marie Failinger

Faculty Scholarship

This article criticizes the Maher/Harris conditions doctrine on two levels. At the first level, it suggests that the Maher/Harris doctrine cannot justify the Court’s decisions to uphold government withdrawals of funding from rights-exercises. At the second level, after exposing and contrasting the definitional presuppositions of the Court in Maher and Harris with previous cases, the article suggests that the Maher/Harris doctrine is a failure because it uses utterly inadequate rights theory to resolve emerging issues of conflicting human need and conscience, issues which are mediated by government action. The author creates a space for a discussion of a new framework …

Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching consent decree that mandates specific reforms in policy and practice to be implemented by a public social welfare agency in its delivery of services to foster children and their families.

Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon

Publications

No abstract provided.

Rights And Redistribution In The Welfare System, William H. Simon

Faculty Scholarship

The term "right" has a wide variety of connotations. On a very general level, it connotes a social commitment to the dignity and autonomy of the individual, an "affirmation of free human subjectivity against the constraints of group life." On a somewhat more specific level, one can distinguish procedural and substantive connotations. Procedural connotations concern official enforcement institutions. For example, in American legal culture, "right" often connotes judicial enforceability. Substantive connotations concern benefits or powers, such as freedom of speech or ownership of property, in civil society.

This essay is about the substantive connotations of the notion of "right" that …

Provider Liability Under Public Law 98-21: The Medicare Prospective Payment System In Light Of Wickline V. State, Ross P. Lanzafame

Buffalo Law Review

No abstract provided.

The Nonprofit Corporation And Community Development In Bedford- Stuyvesant

Washington and Lee Law Review

No abstract provided.

The Uncertain Quest For Welfare Rights, Richard A. Epstein

BYU Law Review

No abstract provided.

Selective Persecution: An Examination Of The Social Security Administration Continuing Disability Investigation Process Of The Mentally Disabled, Noel Martlock

In the Public Interest

No abstract provided.

Equal Protection For Illegitimate Children: The Supreme Court's Standard For Discrimination, Martha T. Zingo

Antioch Law Journal

Between 1968 and 1980 the Supreme Court decided twenty cases' involving statutory classifications based on illegitimacy. The Court's decisions have determined whether discrimination against those individuals deemed illegitimate by law2 constitutes a denial of equal protection. When these decisions are analyzed it seems apparent that the Court was experiencing some difficulty in determining the appropriate constitutional test to apply to illegitimacy statutes. It is not surprising that the Court's various rulings appear inconsistent. The purpose of this article is to examine the Supreme Court's inconsistent decisions in its equal protection analysis of laws affecting illegitimate children. To accomplish this goal, …

Confronting Uncertainty In Child Abuse Adjudication: A Contextual Analysis Of Theories Of The Judical Role In A Changing Society, Lawrence W. Cohen

Antioch Law Journal

Throughout history scholars have attempted to defend myriad conceptions of the judicial role. For instance, Corwin believed that law, embodied in nature, was to be discovered by judges.1 Cardozo also envisioned an active judiciary, responsible for keeping law consistent with the mores of the day.2 Wigmore, on the other hand, felt that personalizing justice through judicial discretion is the "antithesis of the Anglo-Saxon conception of justice."' 3 Rather, justice, if attainable at all, must be achieved through strict rule application. 4 Whereas 19th-century scholarship focused on formal rules, recent authorities have turned to contemplating how legal decisions are made and …

Job Satisfaction And Job Performance: A Meta-Analysis, Michelle Iaffaldano [Graef], Paul M. Muchinsky

Center on Children, Families, and the Law: Faculty Publications

The assumption that job satisfaction and job performance are related has much intuitive appeal, despite the fact that reviewers of this literature have concluded there is no strong pervasive relation between these two variables. The present meta-analytic study demonstrates that (a) the best estimate of the true population correlation between satisfaction and performance is relatively low (.17); (b) much of the variability in results obtained in previous research has been due to the use of small sample sizes, whereas unreliable measurement of the satisfaction and performance constructs has contributed relatively little to this observed variability in correlations; and (c) nine …

School Health Services For Handicapped Children: The Door Opens No Further, Joyce Palomar

Faculty Articles

No abstract provided.

The Invention And Reinvention Of Welfare Rights, William H. Simon

Faculty Scholarship

This essay contrasts the jurisprudence of welfare entitlement developed by social workers during and after the New Deal with the lawyers' welfare jurisprudence of the past two decades.

I find this contrast interesting for two reasons. First, it brings to light an episode in the intellectual history of the American welfare state that lawyers have ignored – the development of an understanding of welfare as a legal right by another profession long before Charles Reich's The New Property and the literature that followed it made such a notion current among lawyers. Second, the contrast between the social workers' and the …

Due Process In The Administration Of General Assistance: Are Written Standards Protecting The Indigent?, Cynthia J. Reichard

Indiana Law Journal

No abstract provided.

The Treatment Of Mandatory Tax Withholdings In Calculating Afdc Benefits: Fairness As A Relevant Inference In Ascertaining Congressional Intent, Michigan Law Review

Michigan Law Review

This Note contends that the more appropriate construction of the statute is to view mandatory tax withholdings as nonincome and nonwork expense items. Part I traces the pre-OBRA legislative and administrative history and examines the judicial interpretations of 42 U.S.C. section 602(a)(7) "income" and section 602(a)(8) "earned income." It concludes that under the "availability" principle, tax withholdings have always been regarded as nonincome items distinct from work expenses. It contends that, notwithstanding contradictory language in the regulations implementing section 602(a)(8), the status of tax withholdings as nonincome items under section 602(a)(7) is controlling. Part II considers the legislative history and …

North Carolina's Medicaid Program: The Effects Of The Reagan-Era Budget Reductions, Kenneth R. Wing

North Carolina Central Law Review

No abstract provided.

Involuntary Commitment Of The Mentally Disabled: Implementation Of The Law In Winston-Salem, North Carolina, W. Lawrence Fitch

North Carolina Central Law Review

No abstract provided.

An Evaluation Of Self-Employed Disability Claimants: Penalized Or Rewarded For Entrepreneurship, Rhonda L. Brauer

North Carolina Central Law Review

No abstract provided.

Public Land Banking And Mount Laurel Ii — Can There Be A Symbiotic Relationship?, Cassandra Jones Havard

All Faculty Scholarship

The story behind the litigation that produced two decisions in Southern Burlington County NAACP v. Township of Mount Laurel may accurately be told in terms of plans having gone awry. The New Jersey Supreme Court invalidated the two attempts by Mount Laurel to regulate land through the implementation of fiscal zoning ordinances. In its most recent decision, Mount Laurel II, the court imposed upon communities a state constitutional obligation to provide adequate housing opportunities for low- and moderate-income families. Mount Laurel II thus defines the constitutional limitations on a municipality's power to regulate land. It also establishes a supporting corollary: …

The Politics Of Welfare: The New York City Experience, Michigan Law Review

Michigan Law Review

A Review of The Politics of Welfare: The New York City Experience by Blanche Bernstein

The Absence Of Justice, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Irs Denials Of Charitable Status: A Social Welfare Organization Problem, Michigan Law Review

Michigan Law Review

This Note argues that the courts and the Service should recognize social welfare organizations as charitable and, consequently, contributions to such organizations should be tax deductible. Part I describes the Service's position and sets forth the statutory arguments supporting it. Part II raises two objections to the Service's position: (1) the distinction between social welfare organizations and charitable organizations lacks an adequate statutory justification, and (2) this distinction produces unpredictable and arbitrary results. Part III proposes that all social welfare organizations be accorded charitable status under subsection 50l(c)(3). This proposal would eliminate the arbitrary results now reached by the Service, …

Field Hearing On Displaced Workers: Meeting Their Special Needs: [Testimony], Wayne R. Wendling

Testimonies

No abstract provided.

Poor People's Lawyers In Transition, Michigan Law Review

Michigan Law Review

A Review of Poor People's Lawyers in Transition by Jack Katz

A Road Map To Adjudication Under The Medical-Vocational Guidelines, J.P. "Sandy" Ogilvy

Scholarly Articles

No abstract provided.

The Minnesota Commitment Act Of 1982 Summary And Analysis, Eric S. Janus, Richard M. Wolfson

Faculty Scholarship

Minnesota law governing commitments has been substantially

revised and recodified in the Minnesota Commitment Act of 1982.

The prior law is repealed and the new law is substituted for it effective

August 1, 1982.

This article has three purposes. First, the significant changes in

the civil commitment law are identified and their implications explored.

Second, where appropriate, the legal background underlying

the changes is explored in order to place the changes in context.

Third, the article identifies ambiguities and inconsistencies in the

Act, posits resolutions, and suggests areas for legislative attention.

Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon

Publications

No abstract provided.

The Impact Of Reagan-Era Politics On The Federal Medicaid Program, Ken Wing

Faculty Articles

The political future may be difficult to predict with specificity, but surely the level of publicly-sponsored medical care for the poor will be severely reduced in the coming years, leaving millions of poor Americans to rely on the charitable capacity of the nation's health care providers-or simply to go without. What follows is an attempt to support this characterization of Medicaid and its political future. Section I of this article is a description of Medicaid, its structure prior to 1981, and the legal and political history of its development and implementation. In addition to providing the basis for understanding the …