Social Welfare Law Commons^™

Titles And Pronouns In The Academy: Academic Freedom And In-Class Speech Pursuant To Classroom Management, Michael K. Park

DePaul Journal for Social Justice

No abstract provided.

Defining Health Affordability, Govind C. Persad

Sturm College of Law: Faculty Scholarship

Affordable health care, insurance, and prescription drugs are priorities for the public and for policymakers. Yet the lack of a consensus definition of health affordability is increasingly recognized as a roadblock to health reform efforts. This Article explains how and why American health law invokes health affordability and attempts, or fails, to define the concept. It then evaluates potential affordability definitions and proposes strategies for defining affordability more clearly and consistently in health law.

Part I examines the role health affordability plays in American health policy, in part by contrasting the United States’s health system with systems elsewhere. Part II …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham

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

Differential response (DR) has been widely adopted in over 30 states to address shortcomings of the traditional approach to child maltreatment reports in complex family and case circumstances. However, despite continued evaluation efforts, evidence of the effectiveness of DR remains inconclusive. The current study aims to assess the impact of a DR program and potential predictors, including service match and number of family case workers, on maltreatment re-reports in a Midwestern state. The study utilized a randomized control trial and assigned eligible families to either the Alternative Response (AR) track or Traditional Response (TR) track. The enrollment was implemented in …

Inviting The People Into People's Court: Embracing Non-Attorney Representation In Eviction Proceedings, Gregory Zlotnick

Marquette Benefits and Social Welfare Law Review

Evictions often hide in plain sight—and so does one of the most effective responses. Studies uniformly confirm that represented tenants avoid evictions, and with it associated downstream effects, at appreciably higher rates than unrepresented tenants. Tenant representation is one of the most cost-effective anti-poverty interventions available in our housing system. Lawyers should support its expansion, even if and when it a non-lawyer serves as that intervenor in eviction court.

This paper argues that the legal profession should embrace and expand existing pathways for training eligible and interested individuals, regardless of whether they are licensed attorneys, to assist tenants facing eviction. …

The War On Drugs Or The War On Drug Users? Supervised Consumption Site In The United States As A Harm Reduction Strategy To Fight The Opioid Epidemic, Mary Crevello

Marquette Benefits and Social Welfare Law Review

Exploring the U.S. response to the opioid crisis, this study critically examines supervised consumption sites (SCSs) as a pragmatic approach. The historical framework of the "war on drugs" is scrutinized, highlighting its limitations and the necessity to shift from punitive measures towards more effective harm reduction strategies. Due to escalating opioid-related fatalities and inadequate harm reduction methods, the potential of SCSs is evaluated for short-term intervention. The Department of Justice's (DOJ) role in facilitating temporary measures to enable SCS operations is assessed, underscoring the urgency for a stable legislative framework to comprehensively address the crisis.

This research advocates for embracing …

All Dogs Are Emotional Support Animals: The Timely Need To Reconsider The Rights Of Renters To Have Dogs Under The Fair Housing Act, Leigh Cummings

Marquette Benefits and Social Welfare Law Review

The lack of pet-friendly housing options in the United States and the current web of property-owner-imposed restrictions unfairly prevents renters and lower-income individuals and families from benefitting from dog companionship. The recent confusion and stigma around the term “emotional support animal” has led to misinterpretation of the requirements of a reasonable accommodation request under the Fair Housing Act. Interpreting “assistance animal” under the Fair Housing Act as a blanket classification that applies to all dogs would reverse this current bias. Restrictions should promote responsible pet caretaking, not limit dog ownership. Considering recent heightened protections for dogs in other areas of …

Transforming Unemployment Insurance For The Twenty-First Century: A Comprehensive Guide To Reform, Stephen A. Wandner

Upjohn Press

This book proposes options and recommendations for comprehensive reform of the unemployment insurance program that was initiated as a social insurance program by the Social Security Act of 1935. It documents the development of the program and its decline since the 1970s. Reform proposals and recommendations are synthesized from reforms suggested by policy analysts and researchers over many decades.

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Addressing The Toll Of Truth Telling, Inga N. Laurent

Brooklyn Law Review

Across the United States, there are mounting and renewed calls for applying restorative justice principles to deeply entrenched societal ills based on reconciliation, namely in the form of truth and reconciliation commissions (TRCs). Amid our great mobilization, we would be wise to pause, contemplating lessons from lived experiences. Since the 1970s, approximately thirty-five national truth commissions have taken place. In South Africa, Canada, Sierra Leone, and many processes, TRCs have proven adept at cataloguing approved instances of victim and survivors’ (VS) stories and elaborately contextualizing conflict through a new historical lens. Despite the transformative potential of TRCs, they are still …

Rojas Reflects On Law School During A Pandemic, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

During her sophomore year of college, Alexa Rojas was an intake intern with a children’s advocacy center outside of Joliet, Illinois. It sparked the realization that she knew she wanted to make a difference in the lives of kids who have endured abuse and trauma. In her position, Rojas served as the first point of contact for families scheduling forensic interviews with law enforcement and prosecutors. In order to lessen the impact on the victim, substantial logistical work went on behind the scenes to ensure that the child only had to tell their story once—to someone they trusted.

Medical Falsity: The False Claims Act’S Quagmire For Medicare And Medicaid Claims, Jordan R. Einhorn

Buffalo Law Review

No abstract provided.

Crossing Over: A Description Of Dual Status Youth In Taylor County, Texas, Kimberly S. Putnam

Electronic Theses and Dissertations

This study explores and describes the experiences of ten dual status youth in Taylor County, Texas by examining the factors of race, sex, child welfare allegation, and juvenile justice offense. A review of the literature suggests that this population has unique challenges in and outside the courtroom, including being at increased risk for disparate outcomes in later adolescence and adulthood. This study compared single-system child welfare and juvenile justice data from Texas DFPS Region 2 and Taylor County to raw data provided on a sample of ten dual status youth identified in Taylor County from 2017–2021. Findings included a disproportionately …

Adolescent Use And Co-Use Of Tobacco And Cannabis In California: The Roles Of Local Policy And Density Of Tobacco, Vape, And Cannabis Retailers Around Schools, Georgiana Bostean, Anton M. Palma, Alison A. Padon, Erik Linstead, Joni Ricks-Oddie, Jason A. Douglas, Jennifer B. Unger

Sociology Faculty Articles and Research

Adolescent tobacco use (particularly vaping) and co-use of cannabis and tobacco have increased, leading some jurisdictions to implement policies intended to reduce youth access to these products; however, their impacts remain unclear. We examine associations between local policy, density of tobacco, vape, and cannabis retailers around schools, and adolescent use and co-use of tobacco/vape and cannabis.

We combined 2018 statewide California (US) data on: (a) jurisdiction-level policies related to tobacco and cannabis retail environments, (b) jurisdiction-level sociodemographic composition, (c) retailer locations (tobacco, vape, and cannabis shops), and (d) survey data on 534,176 middle and high school students (California Healthy Kids …

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

An update on American Indian case law from September 2021-October 2022.

Commodified Inequality: Racialized Harm To Children And Families In The Injustice Enterprise, Daniel L. Hatcher

All Faculty Scholarship

This article addresses the systemic racialized harm of a vast injustice enterprise, with a focus on the symbiotic operations of agencies and justice systems monetizing vulnerable children and families, including the impact of contractual revenue schemes uncovered in my new book, Injustice, Inc. Our foundational justice systems are permeated by a history of racial injustice, and that history reverberates into factory-like operations that churn children and the poor into revenue. The revenue-generating mechanisms used by juvenile and family courts, prosecutors, probation departments, police, sheriffs, and detention facilities all draw the concerning historical connection—interlinked with the practices of child and …

A Recent Case Concerning Article 9 Of The Japanese Constitution, In Which Plaintffs’ Allegations Were Denied On The Basis Of Lack Of Violation Of Legally Protected Rights Were Not Violated, Thomas Makoto Naruse

Japanese Society and Culture

This note introduces a case in Tokyo district court. In which case, plaintiffs alleged actions of cabinet and legislature were against Constitution. Plaintiffs claimed their rights (right to live in peace, personality rights, etc.). However, the court denied plaintiffs claim, because plaintiffs legally protected rights were not infringed. In the course of the judgment, the courts’ view on judicial power is shown. This note introduce the case from the perspective of elements of judicial power, especially requirement of concreteness of rights.

Pandemics And The Protection Of Privacy And Personal Information: Issues Concerning The Restriction On The Right To Privacy In Emergencies, Fumio Shimpo

Japanese Society and Culture

This article focuses on issues which need to be considered in aiming to ensure both the effectiveness of infectious disease control measures and the protection of the right to privacy from the following perspectives.

(1) Issues regarding the restriction of the right to privacy in emergency situations, including (i) the types of measures taken in emergency situations and issues with respect to the restriction of the right to privacy in emergency situations, (ii) the normalisation, constancy and fixation of exceptional measures in emergency situations, (iii) dual-use and use for purposes different from those originally intended, (iv) acquisition of secondary information …

The Policy Of Plastic Waste Reduction: A Case Of Kanagawa Zero Plastic Waste Declaration, Yoshiyuki Nobusawa

Japanese Society and Culture

Marine plastics and microplastics become the global problem. In Japan the mandatory charge for a plastic bag was introduced as the plastic measure. Kanagawa Prefecture, located in Japan's metropolitan area, has implemented advanced plastic measures. Therefore, this paper considers Kanagawa zero plastic waste declaration and the efforts of local governments concurring with the approved. Therefore, this paper considers Kanagawa zero plastic waste declaration and the efforts of the local government approving．Kanagawa is divided into four areas: urban areas, coastal areas, inland, and mountainous region. This paper analyzes the method for zero plastic waste.

Organizing The Development Of The High-Speed Railway Network And Measures Taken On Parallel Conventional Railways In Japan Since The 1990s, Daisuke Fujii

Japanese Society and Culture

Japan’s nationwide railway network is narrow gauge (1067 mm). By contrast, the high-speed railway, which started service in 1964, is standard gauge (1435 mm). Narrow-gauge railway lines, or “conventional lines,” and standard-gauge high-speed railway lines, or “Shinkansen,” are independent of each other and do not connect directly or mix. However, as railway technology has advanced and the Japanese government has expanded the high-speed railway network throughout Japan, limited sections of the Shinkansen and conventional lines now operate interconnectedly. Deteriorating market share and labor-management relations led to the Japanese National Railways (J.N.R.), which had operated Japan’s high-speed railway system, being declared …

Essay On The Revitalization Of Local Communities, Hiroshi Saito

Japanese Society and Culture

It is difficult to theorize regional revitalization due to the differences in the characteristics of each local government. However, it may be possible to generalize its basic features: “regional management” and “financial surplus.” The problem of regional revitalization is conventionally discussed from a perspective of public administration. However, this paper reexamines the problem from a management theory perspective. Considering the starting point of regional revitalization is the surplus of public finances, attention is focused on the local tax law, especially on the importance of inhabitant tax, fixed property tax, and resident population policy. The paper also shows that the attraction …

Analysis Of Factors Affecting Child Poverty Rates In Prefectures, Takahiro Suzuki, Kazutoshi Tanabe

Japanese Society and Culture

The Japanese government enacted the “[A1] "Act to Accelerate Policies for Disadvantaged Kids”" in 2013, in the face of a society where one in seven children are faced withare in financial difficulties. The enforcement of this law requiresd local governments to formulate and implement measures to address child poverty. However, it is evident that various factors have an impact on the child poverty rate, and the relative impact of these factors is not yet known yet. Consequently, local governments face[A2] there are many challenges in the implementing[A3] implementation of poverty-[A4] reduction measures by local governments. In …

Recent Trends In The Canadian Automobile Industry From 2007 To 2022: The Increasing Presence Of Japanese Automakers In Canada, Tamiko Kurihara

Japanese Society and Culture

Abstract

This paper attempts to clarify characteristics of the Canadian automobile industry after the Lehman Shock of 2008. The examination, based on motor vehicle production units from 2007 to 2021, reveals the following three points. First, from the global perspective, the center of automobile production shifted from developed countries to emerging economies such as China. Second, within the United States-Mexico-Canada Agreement (USMCA), automobile production shifted toward Mexico. Finally, with the increase in automobile production by Toyota and Honda, their presence has grown in the Canadian automobile industry.

The United States government along with the Canadian federal and the Ontario provincial …

In The Shadow Of Supply Chains: The Eu Draft Due Diligence Directive, Corporate Enslavement, And The Case For The Inclusion Of Corporate Reparations, Simone Haines

DePaul Journal for Social Justice

No abstract provided.

Illinois: A State-Of-The-Art Model For State Immigration Rulemaking, Camilla Mroczkowski

DePaul Journal for Social Justice

No abstract provided.

Outdated, Archaic, And Stereotypical: Current Medicaid Income And Asset Limits Discriminate Against Working Individuals With Disabilities, Megan Parker

DePaul Journal for Social Justice

No abstract provided.

Letter To The Readers, Brita Jelen, Kaylee De Tender

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents, Brita Jelen

DePaul Journal for Social Justice

No abstract provided.

2023 Champions For Justice 1-27-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal (1991 - )

No abstract provided.