Social Welfare Law Commons^™

Prescribed Child Abuse? Using The Americans With Disabilities Act To Deconstruct Discrimination Against Medication For Opioid Use Disorder In Child Abuse & Neglect Proceedings, Makenzie Stuard

The Scholar: St. Mary's Law Review on Race and Social Justice

The opioid crisis has disrupted parent-child relationships across the United States. While states actively seek to remove children from households with current drug use in order to protect the children, state entities often fail to protect the parent-child relationship itself by imposing counterproductive policies and stereotypes on parents who are in treatment for their drug use, which makes maintaining "recovery" and parental rights an uphill battle. This note argues that the Americans with Disabilities Act (ADA) provides a novel path to root out discrimination in child abuse and neglect proceedings against parents who either take prescribed buprenorphine or are interested …

A Better Path Forward: The Need For Restorative Justice In The Child Welfare System, Abigail Montalbo

Marquette Benefits and Social Welfare Law Review

The child welfare system in the United States often prioritizes punishment

over healing, failing both the children harmed by maltreatment

and the responsible parties. This Comment explores how incorporating

restorative justice within state child welfare systems

can shift the focus to repairing relationships, building trust, and

promoting healing of the parties harmed, the parties responsible for

the harm, and the community as a whole. Aimed at an audience

who is interested in, but not deeply familiar with restorative justice,

this Comment suggests for the mandatory inclusion of restorative

justice practices to create a more comprehensive and healing-centered

approach within the …

Vulnerable Consumers Left Behind In The Overdraft Fee Saga, Mary Claire Griffith-Mccrery

Marquette Benefits and Social Welfare Law Review

Attention on the arguable pervasiveness of overdraft fees has

been increasing in recent years. Overdraft programs were originally

offered to banks’ trusted, high-dollar customers on a discretionary

basis. Technology brought about debit cards and electronic payment

methods along with direct deposit and enhanced the complexity of

processing transactions. Some practices increased the likelihood of

overdrafts. For example, reordering transactions such that they post

to the account from the largest to smallest dollar amount received

distinct scrutiny—and is discouraged by regulators. Today, the majority

of overdraft fees are paid by economically disadvantaged, vulnerable

consumers; more specifically, by Black and Hispanic consumers. …

Beyond Medicaid Expansion: Addressing The Sexual And Reproductive Health Crisis In Rural Appalachia, Cheyenne Peters

Marquette Benefits and Social Welfare Law Review

In addition to negatively impacting abortion access, the decision

in Dobbs v. Jackson Women’s Health Organization has forced many

clinics in rural Appalachia that previously provided access to holistic

sexual and reproductive health services, such as contraception

management, sexually transmitted infection (STI) testing, and preventative

cancer screening, to close their doors entirely. This has left

many Appalachians living in rural communities with no option for

accessing sexual and reproductive healthcare. However, many people

were never able to access the care even before the recent provider

shortage due to a lack of adequate insurance coverage. This

article explores how Medicaid expansion …

From Margins To Center: Elevating The Voices Of Disadvantaged Families In Child Welfare, Jerron R. Wheeler

Marquette Benefits and Social Welfare Law Review

This essay sheds light on the systemic challenges faced by indigent,

minority families within the child welfare system, using personal experiences

from my time as a student at the University of Florida

Levin College of Law as a lens. This essay aims to highlight the intersection

of poverty, race, and the child welfare system, showing

how these factors can hinder parents' ability to reunite with their

children despite their best efforts. The essay seeks to underscore the

urgent need for a more nuanced, multidisciplinary approach to child

welfare advocacy that includes legal professionals, social workers,

and health professionals working collaboratively …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

...But Words Can Also Hurt You: How Hate Speech Contributed To Harmful Immigration Policy, Nicole Dillard, Esperanza Sanchez

University of the District of Columbia Law Review

No abstract provided.

Law School News: If There's Life, There's Hope (August 2024), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Death Of The Gid Exclusion: Williams V. Kincaid Revitalizes The Ada For Trans Litigants, Alexandra Newman

Cardozo Law Review

Kesha Williams is a transgender woman with gender dysphoria who spent six months incarcerated in the Fairfax County Adult Detention Center in Virginia. When Williams first entered the facility, she was assigned to women’s housing and given the uniforms typically provided to female inmates. However, upon learning that Williams had not undergone transfeminine bottom surgery, prison deputies stripped Williams of her female undergarments and transferred her to the men’s side of the facility. There, Williams was harassed by other inmates, misgendered by prison deputies, and delayed in receiving medical treatment for her gender dysphoria. Following her release, Williams asserted several …

Internet Drug Prohibition And The Opioid Overdose Crisis, Benjamin A. Barsky

Washington Law Review

The Ryan Haight Online Pharmacy Consumer Protection Act (Ryan Haight Act) prohibits controlled substance tele-prescribing when it occurs without a preliminary in-person medical evaluation. This Article details the Ryan Haight Act’s consequences for the practice of telemedicine in general and opioid addiction treatment in particular. In doing so, it builds on literature exploring the tension between the federal criminal regulation of controlled substance prescribing and the management of large-scale public health crises, particularly the opioid overdose crisis.

By restricting the tele-prescription of certain controlled substances used for opioid addiction treatment, the Ryan Haight Act limits access to care for a …

Transforming The Welfare State, One Case At A Time: How Utrecht Makes Customized Social Care Work, Charles F. Sabel, Jonathan Zeitlin, Jan-Kees Helderman

Faculty Scholarship

Advanced welfare states are under pressure to customize services, promptly enough to prevent a cascade of harms. With these goals, the Netherlands in 2015 decentralized social care services to municipalities, and within municipalities to neighborhood teams in continuing contact with clients. The overall results have been disappointing. But the experience of Utrecht, the Netherlands’ fourth-largest city, has been strikingly different. By using hard-to-resolve cases to signal conflicts in rules, obstructive jurisdictional boundaries, and the shortcomings of private service providers, Utrecht is learning to customize and speed delivery of social care through incremental steps. This article explains how Utrecht’s success addresses …

Job Incidence Numbers In Social Security Disability Claims: A Case Study And Analysis, Kevin Liebkemann

Journal of the National Association of Administrative Law Judiciary

The Social Security Administration (SSA) processes numerous disabled worker applications each year. In adult disability claims, SSA employs a strict five-step sequential disability evaluation to decide whether a person is disabled. Many adult Social Security Disability claimants either win or lose at the fifth and final step, where an SSA adjudicator decides whether there is “a significant number of jobs (in one or more occupations) having requirements which you are able to meet with your physical or mental abilities and vocational qualifications.” This article examines the vocational evidence that SSA uses to decide the significant number of jobs issue. It …

The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Leading The Way: The Ninth Circuit Orders Reconsideration Of Lead-Based Paint Hazard Regulations In A Community Voice V. Environmental Protection Agency, Bae-Corine Schulz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Invisibility Of The American Emigrant, Laura Snyder

DePaul Journal for Social Justice

No abstract provided.

"I Can't Breathe": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling

DePaul Journal for Social Justice

No abstract provided.

Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, Taren E. Wellman, Amanda F. Metcalfe, Madisen R. Campbell

DePaul Journal for Social Justice

No abstract provided.

Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder

DePaul Journal for Social Justice

No abstract provided.

Letter To Our Readers, Mecca Wilkinson, Elle Topacio, Jay Kasperbauer, Miranda Bolin, Sabrina O'Connor, Shaundranique Perkins

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents, Mecca Wilkinson

DePaul Journal for Social Justice

No abstract provided.