Social Welfare Law Commons^™

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 …

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 …

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 …

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 …

The Civilly-Committed Public Mental Patient And The Right To Aftercare, Richard B. Saphire

Florida State University Law Review

No abstract provided.

Social Welfare--Effect Of Eligibility For Unemployment Compensation On A.F.D.C. Benefits, Vincent A. Collins

West Virginia Law Review

No abstract provided.

Illinois' Crime Victims Compensation Act, John J. Durso

Loyola University Chicago Law Journal

No abstract provided.

Welfare Law-Afdc-Agency-Caused Overpayments May Be Recouped By Reducing Grants Of Recipients Who Have "Disregarded" Income Available To Meet Their Standard Of Need, Keith E. Danish

Fordham Urban Law Journal

The Agency attempted to recoup the overpayments of a woman and her nine dependent children by reducing the family's AFDC grant, in accordance with a state regulation which authorized such recoupment where the welfare recipient had current income available in excess of the AFDC grant. The Federal District Court for the Southern District of New York held that the challenged recoupment policy did not violate the Social Security Act. The current heightened awareness that there are limits to state resources has resulted in the tightening and curtailment of welfare programs. Welfare agencies must make greater efforts to decrease errors which …

The Definition Of Disability In Social Security And Supplemental Security Income: Drawing The Bounds Of Social Welfare Estates, Lance Liebman

Faculty Scholarship

Federal aid to the disabled is a vast enterprise; over nine billion dollars are annually paid to five million beneficiaries. In this Article, Professor Liebman points out how the ad hoc nature of social welfare legislation and programming has resulted in a system that produces inconsistent and sometimes inequitable determinations of disability. The present system, he argues, draws significant economic and social distinctions among the disabled, as well as distinctions between the disabled and the unemployed, that have been inadequately explained and justified. By focusing on worker expectations generated by the administration of our disability programs, and on the structural …

Usery V. Turner Elkhorn Mining Company, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Pensions: A Primer For Lawyers, Joel Fichaud

Dalhousie Law Journal

This paper has two objectives: first to describe the elements of a pension plan and, secondly, to illustrate the disproportion between the employee's stake in a pension and his control over the pension plan. The paper is concerned only with private pension plans, which covered over one-third of the Canadian work force in 1970.1 It must be borne in mind, however, that many pensioned employees, for example, seventy percent in Nova Scotia, belong to public plans. Ontario, Alberta, Quebec, Saskatchewan and the Dominion have enacted minimum standards for private pension plans. As the statutes are substantially identical, this paper refers …

Pensions: A Primer For Lawyers, Joel Fichaud

Dalhousie Law Journal

This paper has two objectives: first to describe the elements of a pension plan and, secondly, to illustrate the disproportion between the employee's stake in a pension and his control over the pension plan. The paper is concerned only with private pension plans, which covered over one-third of the Canadian work force in 1970.1 It must be borne in mind, however, that many pensioned employees, for example, seventy percent in Nova Scotia, belong to public plans. Ontario, Alberta, Quebec, Saskatchewan and the Dominion have enacted minimum standards for private pension plans. As the statutes are substantially identical, this paper refers …

Disqualification From Unemployment Benefits In North Carolina, M. Allen Mason

North Carolina Central Law Review

No abstract provided.

Federal Leased Housing Assistance In Private Accommodations: Section 8, Nancy S. Cohen

University of Michigan Journal of Law Reform

The public housing program, which does not involve private developers, was also criticized as wasteful, poorly conceived, and inequitable. Further, it appeared to some that the federal government was assuming the losses caused by the accelerating decline of large cities. As a result of various investigations and HUD audits, the FHA was in a state of chaos after recurring reorganizations. The administration's suspension of housing subsidies on January 5, 1973 was an added impetus for the passage of a new act. The resulting legislation, the Housing and Community Development Act of 1974,20 is the federal government's first significant set of …

Welfare Law: The Problem Of Terminology, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Aid To Families With Unborn Dependent Children: May The States Withhold Benefits?, Michigan Law Review

Michigan Law Review

This note will examine whether the duty to provide aid to unborn children should be imposed on all states participating in the AFDC program. It will first consider the argument that denying such benefits violates the equal protection clause of the fourteenth amendment, but the bulk of the note will be devoted to an interpretation of the relevant provisions of the Social Security Act. The statutory analysis requires several steps. First, it is necessary to examine and interpret the cases in which the Supreme Court has analyzed the legitimacy of state-imposed eligibility conditions. The focus will then shift to the …

Book Review, Emily Calhoun Carssow

Publications

No abstract provided.

The Organized Bar--Yellow Brick Road To Legal Services For The Poor, Lawrence L. Thompson, R. William Ide, Iii

Vanderbilt Law Review

The experience of GILS-GLSP demonstrates that the extensive investment of time necessary to involve the organized bar in the legal services effort can make a vital contribution to the development of a stable, professional, statewide, legal services program. Bar support eases access to the political process, improves community relations, and facilitates program funding. Furthermore, bar support helps reduce the political strife that has heretofore plagued legal services programs. The rewards of such an approach can be great. Adequate funding obtained with active bar support has enabled GILS-GLSP to provide increasingly comprehensive legal services to indigent clients. From a modest budget …

The Role Of The Michigan Attorney General In Consumer And Environmental Protection, Michigan Law Review

Michigan Law Review

In an effort to clarify the role of the attorney general as public representative, this Note will examine the functioning of the office of the Michigan attorney general. After an analysis of the nature and extent of the attorney general's powers and of his current utilization of those powers, several proposals to increase his effectiveness will be discussed.

Dawkins V. Craig: The Eleventh Amendment And Suits For Retroactive Welfare Payments

Washington and Lee Law Review

No abstract provided.

Law Of The Poor, Neil M. Levy

Michigan Law Review

A Review of Law of the Poor by Arthur B. La France, Milton R. Schroeder, Robert W. Bennett, and William E. Boyd

Afdc Eligibility Conditions Unrelated To Need: The Impact Of Dublino, John Timothy Mccaulay

Indiana Law Journal

No abstract provided.

Note: The Eligibility Of The Unborn Child Under Afdc, John K. Enright

Fordham Urban Law Journal

This Note surveys recent litigation challenging the state denial of AFDC payments to pregnant women seeking benefit on behalf of their unborn children. Such decisions have focused on the issue of whether unborn children come within the definition of "dependent child" as set forth in Section 606 of the AFDC. Thus far, fourteen of seventeen reported decisions have included unborn children within the statutory definition. The Note concludes that the unborn child cases illustrate the difficulty of the rule that the Supreme Court laid out in Townsend v. Swank, which held that states must make AFDC payments to all eligible …

The Myth Of Sisyphus: Legal Services Efforts On Behalf Of The Poor, Lawrence E. Rothstein

University of Michigan Journal of Law Reform

In Greek mythology there is a story about the tyrant, Sisyphus, who is condemned to suffer everlasting anguish. Eternally, he rolls a huge rock up the steep side of a mountain only to have it roll down again just as he reaches the top. Such is the plight in which the poor person finds himself when confronting the legal system. If the poor individual is able to overcome the massive obstacles placed between him and full, fair litigation of his case, he finds that the rules to be applied to the case are stacked against him. This situation is not …

Sex Classifications In The Social Security Benefit Structure, Martha S. West

Indiana Law Journal

No abstract provided.

Parent's Right To Counsel In Dependency And Neglect Proceedings, Jean Whitaker Sutton

Indiana Law Journal

No abstract provided.

The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown

St. Mary's Law Journal

Abstract Forthcoming.

Foundations Of Legal Attitudes Toward Welfare Recipients' Rights And Privileges: A Survey, Raymond A. Shapek

North Carolina Central Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Injunctions--Contempt Power--Citation Proper Against Nonparty Who Violates Court Order in School Desegregation Case

Whether an injunction or other order binds one not a party to the underlying suit or proceeding so that he may be held in contempt for violation is a question that always has troubled the courts. Some early cases purported to announce a sweeping and apparently absolute rule--that an injunction or other order does not bind nonparties. The principle underlying this rule is that due process forbids a court to adjudicate the legal rights and relationships of a person who has not had the opportunity to be …

What Remains Of Federal Afdc Standards After Jefferson V. Hackney?, Michael E. Armey

Indiana Law Journal

No abstract provided.