Social Welfare Law Commons^™

The Reality Of Procedural Due Process - A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott

William & Mary Law Review

No abstract provided.

Cases And Materials On Social Welfare And The Individual. By Robert J. Levy., Daniel Katkin

Buffalo Law Review

No abstract provided.

Analysis Of The Food Stamp Program In The United States, Milton Fitch Jr.

North Carolina Central Law Review

No abstract provided.

A Federal Ombudsman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Social Security Act Requires States To Subtract Non-Exempt Income From The Standard Of Need Rather Than The Statutory Maximum Grant When Computing Afdc Benefits., Janice C. Mccoy

St. Mary's Law Journal

No abstract provided.

Child Welfare Reform: The Impossible Takes Longer In Illinois, Clara Ann Bowler

Loyola University Chicago Law Journal

No abstract provided.

Rehabilitation Of Drug-Dependent Persons, Paul A. Lichtman

Cleveland State Law Review

In today's fast-paced society, we are the witnesses of a very unusual phenomenon. People are consuming drugs at a rate never before realized. Stimulant drugs are being taken to keep the individual going during the day. Depressant drugs are being ingested to help the individual bury his anxieties. Drugs have been developed for practically every form of illness, whether organic or psychological. The majority of people who do use the various kinds of legend drugs do so legally, under a physician's supervision. There is am growing minority, however, who abuse drugs to the extent that these individuals become what is …

The Proposed Housing Consolidation And Simplification Act Of 1971, William A. Newman

University of Michigan Journal of Law Reform

This note will describe the operation of selected housing programs and suggest some of the difficulties posed by the current statutory bases for these programs. It will then evaluate the effectiveness of the modifications contained in the proposed bill.

The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott

Faculty Scholarship

The constitutional mandates of procedural due process have been more sharply defined in recent years as a result of the decision of the Supreme Court in Goldberg v. Kelly. Although the full extent of the doctrine has not yet been delimited, the core proposition seems well established that in the absence of an overriding governmental interest, procedural -due process requires that an individual be accorded notice and a hearing prior to an administrative decision that would adversely affect his ability to subsist by contemporary standards. In applying this principle to the termination of public assistance payments, the Court in …

Analysis Of Cases Arising Under The Public Assistance Titles Of The Social Security Act And Decided By The United States Supreme Court Since 1960, Joseph L. Askew

North Carolina Central Law Review

No abstract provided.

Neglect Proceedings And The Conflict Between Law And Social Work, Patrick R. Tamilia

Duquesne Law Review

The 20th century might well be considered the age when children acquired the right to exist. To some, the rights and privileges of children have developed so rapidly that they would categorize our culture to be child-centered and our future to be youth-directed. For the undeniable betterment of mankind, within the past 50 years, we have come to be aware of the inner life and intrinsic worth of the child as an independent being. Much of what we consider to be permissive, uncontrolled child behavior is a result of the recent recognition of the individual worth of the child. Perhaps …

The Poor Kid, Jonathan Weiss

Duquesne Law Review

Juvenile law and lore present a series of real contradictions. An enormous mound of articles deal with the field, but there are only two Supreme Court cases directly on the question of juvenile rights in the juvenile court process. We have been exhorted time and time again to trust the state as a "loving parent" who has the child's best interests at heart. But many scholars have documented the horrors that a juvenile actually experiences in the state's dealings with him. Some judges too have recognized these horrors.

The Negative Income Tax: An Alternative Solution, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Book Notes, Law Review Staff

Vanderbilt Law Review

CONGRESS AND THE PUBLIC TRUST Report of the Association of the Bar of the City of New York Special Committee on Congressional Ethics New York: Atheneum, 1970. Pp. xxvii, 351. $8.95.

How TO TALK BACK TO YOUR TELEVISION SET By Nicholas Johnson Boston: Atlantic Monthly Press, 1970. Pp. ix, 228. $5.75.

THE QUALITY OF THE URBAN ENVIRONMENT Edited by Harvey S.Perloff Washington: Resources for the Future, Inc., 1969. Pp. xiii, 332.$6.50.

WELFARE MEDICAL CARE: AN EXPERIMENT By Charles H. Goodrich, Margaret C. Olendzki, and George G. Reader Cambridge: Harvard University Press, 1970. Pp. viii, 343. $7.00.

Political Warfare, Lewis F. Powell Jr.

Powell Speeches

Lewis F. Powell Jr. prepared this paper and submitted it to President Richard M. Nixon on a confidential basis while Powell served as a member of the President's Blue Ribbon Panel on National Defense.

Standing, The "New Property," And The Costs Of Welfare: Dilemmas In American And West German Provider-Administration, Robert Dugan

Washington Law Review

The overwhelming increase in governmental welfare, subsidy, and licensing programs in the United States' recent history has prompted substantial acadenic controversy and judicial uncertainty over the requisites for standing to challenge the decisions of our provider-administration. Looking beyond our traditional theories, Mr. Dugan examines recent decisions of the West German Federal Administrative Court with respect to mandatory and discretionary governmental benefits which are deemed to create rights in their intended beneficiaries. He argues that the most sound analytical approach to the problem as we now view it would be to apply a "violated right" standard, since injury depends upon violation …

Defending The Low-Income Tenant In North Carolina, Dale A. Whitman

Faculty Publications

The low-income tenant is in a uniquely precarious position under the law. He typically holds under an oral lease, often on an implied periodic tenancy from week to week. Even where a written lease is executed, it is almost invariably on a form prepared by the landlord. The tenant has little bargaining power in today's urban housing markets; moreover, he is usually not represented by counsel and is unable to intelligently exert whatever bargaining power he may possess. The land- lord is generally a professional in the renting business, and knows well how to manipulate the legal rules for his …

The Anatomy Of A Clinical Law Course, James J. White

Other Publications

Since the summer of 1965 when the Michigan Supreme Court first authorized law student practice on the behalf of indigent persons, students at the University of Michigan Law School have been engaged in extensive practice on behalf of indigent persons in Washtenaw County. Between 75 and 125 second and third year students at the University of Michigan Law School each semester have worked at the Washtenaw County Legal Aid Clinic under the direction of the OEO Staff attorneys. Students receive neither credit nor pay for such work and their activities are not directly supervised by the faculty. That volunteer experience …

The Welfare Hearing Process - The Law And Administrative Regulations Examined, Robert E. Scott

William & Mary Law Review

No abstract provided.

Durational Residency Requirements And The Mass Migration Theory: Getting To The Heart Of The Current Welfare Dilemma, Michael E. Kris

William & Mary Law Review

No abstract provided.

The Constitutional Minimum For The Termination Of Welfare Benefits: The Need For And Requirements Of A Prior Hearing, Michigan Law Review

Michigan Law Review

Recently state welfare officials in New York terminated the benefits of a welfare recipient on the basis of an erroneous tip from her landlady that her husband visited her every night. She requested a posttermination hearing which was provided under New York law. During the four-month delay between the termination of benefits and the hearing, the recipient and her four small children were evicted from their apartment for nonpayment of rent. They were forced to move in with the woman's sister, who had nine children of her own, and who was also on relief. The recipient's children lost weight and …

Defense Of The Poor: A Study In Public Parsimony And Private Poverty, Norman G. Kittle

Indiana Law Journal

No abstract provided.

Barriers To Attainment Of Health Care In West Central Maine : A Critique By The Poor, Health Facilities Planning Council

Maine Collection

Barriers to Attainment of Health Care in West Central Maine : A Critique by the Poor

"Conducted by the Health Facilities Planning Council, 11 Parkwood Drive, Augusta, Maine under contract to Maine Department of Health and Welfare, June, 1969."

Contents: Foreword / Table of Contents / Introduction / Map / Franklin County / Housing / Dental Rot / Franklin County Memorial Hospital / Family Planning / RN's / State Public Health Nurses / Unmet Health Needs / The Last Outpost / Home Visit in Farmington Falls / Home Visit in Industry / Home Visit in Rangeley Area / Conversations on …

The Housing And Urban Development Act Of 1968: Private Enterprise And Low-Income Housing, Gilbert A. Bartlett

William & Mary Law Review

No abstract provided.

Welfare Law—Alabama’S “Substitute Father” Regulation Held Invalid, Charles Shabsels

Buffalo Law Review

King v. Smith, 392 U.S. 309 (1968).

The Abused Child: Problems And Proposals, Harvey J. Eger, Anthony J. Popeck

Duquesne Law Review

In 1962 a team of physicians led by Dr. C. Henry Kempe identified problem they called "the battered child syndrome." The Kempe study defined the problem as a clinical condition in young children who have received serious physical abuse from a parent or foster parent. Graham Parker, a student of the syndrome, defined the battered child as "one who has suffered serious physical injury in circumstances which indicate it was caused wilfully [sic] rather than by accident." Later students have distinguished the battered or abused child from the neglected child and have begun to inquire into the psychological condition of …

Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield

Michigan Law Review

The ample personal economic resources and relatively well-financed organizations of middle and upper income Americans usually assure their particular interests adequate representation in federal administrative rulemaking. The norm is that middle and upper income individuals, or their personal or organizational representatives, directly or indirectly monitor all agency activities. These persons attempt to protect their interests through formal or informal participation in rulemaking affecting them. But federal rulemaking very frequently affects large numbers of individuals who lack the personal economic resources and organized associations of middle and upper income Americans. These economically underprivileged persons are usually unable to keep themselves adequately …

Administration Of A Negative Income Tax, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Welfare Due Process: The Maximum Grant Limitation On The Right To Survive, H. S. C.

Georgia Law Review

Until recently, few people realized that an estimated ten million people in the United States are chronically hungry. This is a distressing and a disgraceful fact, and one which exposes problems of unbelievable complexity; so complex, in fact, that until 1964, there had been but minimal effort even to understand these problems, much less meet them with commitment and imagination. It has always been expedient to dismiss the poor as shiftless and irresponsible, or to incant the American shibboleth that anyone who wants to work can automatically participate in the vast wealth sur-rounding him. Too few have been aware that …

The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott

Faculty Scholarship

In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.