Social Welfare Law Commons^™

Legality, Bureaucracy, And Class In The Welfare System, William H. Simon

Faculty Scholarship

When lawyers confronted the welfare system in the 1960's, they charged it with oppressive moralism, personal manipulation, and invasion of privacy. They focused attention on the "man-in-the-house" rules that disqualified families on the basis of the mother's sexual conduct and the "midnight raids" in which welfare workers forced their way into recipients' homes searching for evidence of cohabitation.

When I represented welfare recipients from 1979 to 1981, the workers showed little interest in policing their morals or intruding on their private lives. The "man-in-the-house" rule and the practice of unannounced or nighttime visits had been repudiated. Yet the pathologies emphasized …

Poverty Law In The 1980s, Marian Wright Edelman

Antioch Law Journal

It is self-interest and not justice that propels most people to act. If we intend to help the poor we will need to build coalitions with a range of others in society. When I came out of Mississippi, I thought that people were good if they were for everything I was for, and they were bad if they were not. I learned through the course of trying to protect Head Start that one could bring a whole range of groups together who had a self-interest in child care who would not speak to each other on welfare reform. Our work …

The Social Security Court Proposal: A Critique, J.P. "Sandy" Ogilvy

Scholarly Articles

Following a brief description of the present system of judicial review of social security decisions, and a look at the proposed Social Security Court alternative, this article examines in some detail the reasons generally suggested as compelling the creation of a specialty court. Next, the article examines the goals and values of judicial review and discusses the Social Security Court concept as a vehicle to achieve these goals and values. Finally, the article suggests several less drastic legislative, administrative and judicial alternatives to a special court.

Administrative Law - Health And Human Services Department's Administrative Law Judges Must Explain Not Only Why They Credit Evidence In Determining Disability Claims For Social Security Benefits, But Also Why They Reject Evidence In Determining Such Claims, Laurie A. Kramer

Villanova Law Review (1956 - )

No abstract provided.

Homelessness In A Modern Urban Setting, Mark Malone

Fordham Urban Law Journal

Homelessness in urban settings is a problem in increasing numbers, typically as a result of mental instability or unemployment. New York State Legislature has attempted to deal with the homelessness problem, and is at the forefront of those jurisdictions which accord legal rights to homeless people through court decisions and legislation. This note examines the historic causes of homelessness, the purpose of vagrancy and loitering statutes, and why they have proven ineffective in dealing with the enormity of the homelessness problem. The Note concludes that further additions should be made to the New York State Social Services Laws on the …

Legitimacy In Social Reform Litigation: An Empirical Study, Timothy Wilton

University of Michigan Journal of Law Reform

This Article undertakes a detailed examination of a single lawsuit, Martin Luther King Junior Elementary School Children v. Ann Arbor School District Board. This study first explores the diversity of interests present among both the plaintiff and defendant groups in King, and analyzes the performance of the attorneys in representing these interests. The Article then turns to the problems of resistance that arise at the decree stage in social reform litigation, and presents an empirical evaluation of the factors influencing the response to judicially mandated relief.

Street-Level Bureaucracy: Dilemmas Of The Individual In Public Services, Michigan Law Review

Michigan Law Review

A Review of Street-Level Bureaucracy: Dilemmas of the Individual in Public Services by Michael Lipsky

Lawyers And The Pursuit Of Legal Rights, Michigan Law Review

Michigan Law Review

A Review of Lawyers and the Pursuit of Legal Rights by Joel F. Handler, Ellen Jane Hollingsworth and Howard S. Erlanger

Welfare, Due Process, And "Brutal Need": The Requirement Of A Prior Hearing In State-Wide Benefit Reductions, Stephen A. Owens

Vanderbilt Law Review

This Note examines the right of welfare recipients to request a prior hearing in the context of state-wide, across-the-board benefit reductions by a state. After reviewing the due process requirement of a pretermination hearing articulated by the Supreme Court in Goldberg v. Kelly, the Note examines the standard for reductions established by the HHS regulations. The Note also considers the various approaches taken by the courts in attempting to determine the constitutional and statutory requirements of a prior hearing in a state-wide reduction. The Note argues that the standard delineated by the HHS regulations and by some courts fails to …

Social Security Act - Widow's Social Security Benefits Extended To Woman Whose Marriage Was Technically Invalid Under Pennsylvania's Paramour Statute, Barbara A. Schneller

Villanova Law Review (1956 - )

No abstract provided.

The Art Of Decoupling: Keeping Social Security's Promise Up-To-Date, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Public Law 94-103: An Implied Private Right Of Action To Enforce The Right To Treatment For Institutionalized Mentally Retarded Persons, John Cahalan

Indiana Law Journal

No abstract provided.

Public Assurance Of An Adequate Minimum Income In Old Age: The Erratic Partnership Between Social Insurance And Public Assistance, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob

Michigan Law Review

A Review of Doing Good: The Limits of Benevolence by Willard Gaylin, Ira Glasser, Steven Marcus, and David J. Rothman

Class Certification In State Court Welfare Litigation: A Request For Procedural Justice, Daan Braveman

Buffalo Law Review

No abstract provided.

Zbaraz V. Quern : Abortion And Medicaid: The Public Funding Dilemma, 12 J. Marshall J. Prac. & Proc. 609 (1979), Lynn R. Price

UIC Law Review

No abstract provided.

A Way Out Of The Social Security Jurisdiction Tangle, John M. Rogers

Law Faculty Scholarly Articles

When Congress recently eliminated the $10,000 amount-in-controversy requirement for federal question jurisdiction in suits against the United States, its agencies, and its officers, Congress effectively resolved, for most cases, the problem of finding subject matter jurisdiction for federal judicial review of federal administrative agency action. Whatever the resolution of such distinct issues as whether there is a cause of action, whether sovereign immunity is waived, and whether administrative remedies have been exhausted, subject matter jurisdiction, at least, will be provided, if nowhere else, by the amended federal question jurisdiction statute, 28 U.S.C. § 1331. The applicability of section 1331, however, …

State Restrictions On Medicaid Coverage Of Medically Necessary Services, Lucinda M. Finley

Journal Articles

No abstract provided.

Access Of The Poor To Basic Economic Needs: A New Concern In Freedom Of Speech Decisions, John E. Brengle

Indiana Law Journal

No abstract provided.

Welfare Law: A Challenging Field For Lawyers, Peter W. Martin

Cornell Law Faculty Publications

The profusion of welfare laws has created a legitimate demand for more welfare lawyers with a broad view of the programs.

The Inheritance Of Economic Status - By John A. Brittain, Michael R. Olneck

Vanderbilt Law Review

The Inheritance of Economic Status - by John A. Brittain

In the- mid-1960's and in the early 1970's, research results appeared that challenged conventional liberal beliefs about the causes and consequences of poverty. In 1966 the federal government published Equality of Educational Opportunity, a report prepared by James Coleman and his associates.' The data used in the report contained the startling result that, with some exceptions, within regions, the provision of educational resources was substantially uniform across racial and socioeconomic groups. Moreover, the data showed that what measurable differences existed between the schools attended by disadvantaged and advantaged students did …

Social Security Benefits For Spouses, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

In Re Moore: The Sound And The Fury And The Scalpel, Nora Birzon Henry

North Carolina Central Law Review

No abstract provided.

Marital Status And Eligibility For Federal Statutory Income Benefits: A Historical Survey, Marjorie Dick Rombauer

Washington Law Review

In an era when attitudes toward marriage institutions are changing and it has become a truism that governmentally dispensed benefits constitute "the new property," the extent to which marital status is a determinant of the right to receive such benefits is a subject of particular interest. The purpose of this article is to survey that subject. More specifically, this article will trace congressional and administrative efforts to arrive at acceptable definitions of who should be treated as a wife/widow (or husband/widower), so as to be entitled to particular statutory benefits, and similar efforts to define when the status- relationship has …

Child Abuse: The Role Of Adoption As Preventative Measure, 10 J. Marshall J. Prac. & Proc. 546 (1977), Mark S. Kaizen

UIC Law Review

No abstract provided.

Recent Developments In Social Welfare Law And The Doctrine Of Separation Of Powers, William H. Taft Iv

Indiana Law Journal

Symposium: Separation of Powers

Note: The Federal False Claims Act: A Potential Deterrent To Medicaid Fraud And Abuse, Peter J. Sherman

Fordham Urban Law Journal

A scandal that seems certain to occupy headline space during the foreseeable future is the abuse of the Medicare and Medicaid programs, under which state agencies provide medical assistance to the elderly, needy and disabled with largely-federal funding. Medicaid fraud and abuse wastes an estimated three billion dollars of tax money each year. Senate investigators who studied the problem found that "rampant fraud and abuse exists among practitioners participating in the Medicaid program" and among participating medical testing laboratories. The Federal False Claims Act (FCA), a statute more than a century old, provides a potential deterrent to such fraud and …

Mathews V. Goldfarb, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Private Pensions – A Legislative Repsonse-Nova Scotia's Pension Benefits Act, Anne Macl. Malick

Dalhousie Law Journal

At the 1975 spring sitting of the Nova Scotia legislature an Act Respecting Pension Benefits was introduced and passed.' The Act, though not proclaimed in force as yet, is expected to become operative sometime during 1976. When it does, it will be administered by the Minister of Finance. This article is essentially a specific review of the direction of the Act and an examination of its main areas in the context of the situation which now exists in relation to private pensions - the situation to which presumably the Act is a response. As far as possible, the peculiarities of …

Unemployment Insurance: Policies And Principles Of Disqualification And Disentitlement For Benefits, Daniel F. Potter

Dalhousie Law Journal

Ever since the 1940 amendment to the BNA Act' which gave exclusive jurisdiction in relation to unemployment insurance to Parliament, the thrust of Canada's unemployment compensation system and the basis for its eligibility conditions has been that the claimant must be unemployed through no fault of his own.2 The primary purpose of the Unemployment Insurance Act, 19713 was put succinctly in a recent decision of the Umpire: ... it is not the function of the Unemployment Insurance Act to provide public welfare, but rather to provide aid of a temporary nature to a claimant who is actively seeking work and …