Social Welfare Law Commons^™

No Pact With The Devil: Defending & Strengthening New York City’S Permanent Affordability Commitment Together (Pact) - P3, Madeline Martinez

Journal of Law and Policy

Faced with the dual threats of a federal receivership and a growing deficit of federal appropriations, in 2018, New York City Mayor Bill DeBlasio enrolled the New York City Housing Authority (“NYCHA”) into the Permanent Affordability Commitment Together (“PACT”). PACT would allow NYCHA to convert its federal Section 9 funding streams into federal Section 8 vouchers and permit the local public housing authority to enter public-private partnerships with private developers. This move would infuse NYCHA with an additional $12.8 billion in funding to counteract its roughly $31.8 billion deficit. However, immediately after the mayor unveiled his plans to pursue PACT, …

Administrative Deference And The Social Security Administration: Survey And Analysis, Nicholas M. Ohanesian

Journal of Law and Policy

The purpose of this article is to examine the role of administrative deference when decisions of the Social Security Administration are reviewed by federal courts. The concept of administrative deference to administrative agencies in federal courts goes back to the 1930’s during the rise of the New Deal­­—with the high-water mark reached by the Supreme Court in Chevron v. National Resources Defense Council. Since this point, there has been a growing chorus calling to re-examine or outright roll back the deference owed to these agencies when their decisions are reviewed in federal court. Prior to rewriting the standards, this article …

America’S Constant Crisis Of Care: The Case For Passing A National Direct Care Ratio For Nursing Homes, Marissa Espinoza

Journal of Law and Policy

For decades, the conditions in America’s nursing homes have been the subject of bombshell media reporting, governmental investigations, and public outrage. Longstanding issues—such as chronic staffing shortages and inadequate infection control measures—were laid bare as the COVID-19 pandemic tore through nursing homes, exposing society’s most vulnerable populations—the elderly and the sick—to appalling living conditions. Amid horrifying media reports documenting life inside nursing homes, and in response to mounting public outrage, legislators sprang into action. The most aggressive policy proposed was a direct care ratio, which caps the profits that nursing home owners can extract from facilities by mandating a minimum …

Online Legal Help-Seeking For Victims Of Intimate Partner Violence During The Covid-19 Pandemic, Christina S. Walker

Dignity: A Journal of Analysis of Exploitation and Violence

Legal, court, and criminal justice professionals regularly navigate court procedures and processes through online portals. They know where to locate applicable court rules, such as a specific section on a court website or a departmental contact. However, these tasks can be extremely daunting for laypersons seeking court assistance, especially for victims of violence who have limited time away from the abuser. To determine how state judicial branches make information available about protective order procedures and general information to a layperson, especially to victims of intimate partner violence, this study assessed court websites of five states where intimate partner violence (IPV) …

Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe

Law Faculty Scholarship

[Excerpt] "There is much to say about Justice Samuel Alito's draft opinion in Dobbs v. Jackson Women's Health Organization, which was leaked from the United States Supreme Court on May 2 [2022].

Obviously, the most significant direct consequence of the proposed decision, which overrules Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) while upholding the constitutionality of a Mississippi law that outlaws most abortions after 15 weeks of pregnancy, would be the restriction or elimination of abortion services throughout much of the nation. This will have all sorts of attendant consequences, large and smaller, many of which …

Down And Dirty: Remedies And Reparations For Intersected Environmental And Reproductive Justice, Mickaela J. Fouad

Brooklyn Law Review

Pollution is a rampant issue in the United States, ranging from smog-filled air to infertile soil to contaminated water. Yet despite the pervasive nature of pollution, its harms are not equally distributed amongst society. Black, Indigenous, People of Color (BIPOC) communities disproportionately bear the burden of pollution and consequently suffer more harms because of it. Many of the health consequences from pollution are reproductive in nature: proximity to pollution can compromise fertility, cause difficulty in carrying a pregnancy to term and result in birth defects, disabilities, and reproductive cancers. This note focuses on the reproductive consequences of pollution and relies …

A Mile Away, A World Apart: Life Expectancy Inequality In The United States, Scott A. Budow

DePaul Journal for Social Justice

No abstract provided.

No Justice, No Peace: The Need For A State Version Of § 1983 In Response To The Movement For Black Lives, Madison N. Heckel

DePaul Journal for Social Justice

No abstract provided.

Puerto Rico's Second-Class Statehood: The Impact Of Restricted Access To Federal Public Benefits Programs On Puerto Rico's Economic Recovery, Evette Ocasio

DePaul Journal for Social Justice

No abstract provided.

Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection, Kyler J. Palmer

DePaul Journal for Social Justice

No abstract provided.

Falling Through The Cracks: The American Indian Foster Care To Sexual Exploitation Pipeline And The Need For Expanded American Indian Community Services In Minnesota, Sadie Hart

DePaul Journal for Social Justice

No abstract provided.

Criminal Liability For The Destruction Of Cultural Property: The Prosecutor V. Bosco Ntaganda, Emma A. O'Connell

DePaul Journal for Social Justice

No abstract provided.

Letters To The Readers, Silpa Bulusu, Bridget Roddy

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.

Transforming Minnesota's Early Care And Education Infrastructure, Nicole Frethem

Student Scholarship

In 2021, the Minnesota legislature authorized the Great Start for All task force to present recommendations for how the state can provide “access to affordable, high-quality early care and education that enriches, nurtures, and supports children and their families,” to “all families” in Minnesota.

The early care and education landscape in Minnesota has experienced dramatic changes in programming and investments over the last twenty years. In the early 2000s, the state’s primary child care subsidy program, the Child Care Assistance Program (CCAP), was moved from the Department of Children, Families and Learning to the Department of Human Services in an …

Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians

Touro Law Review

No abstract provided.

The Generational Squeeze: A Commentary On Multi- Generational Special Needs And Benefit Planning In Georgia, Christopher Wages

Mercer Law Review

As the generation of baby boomers—individuals born between 1946 and 1964—grow older, their children are being progressively squeezed between caring for aging parents and the demands of a family of their own, giving rise to the term “sandwich generation.” The current population of fifty-three million baby boomers over the age of sixty-five accounts for 16% of the populace. As such, younger generations are finding themselves sandwiched between the financial, emotional, and physical needs of their aging parents and young children. This challenging situation is further exacerbated for families dealing with disabilities, and this scenario is only becoming more ubiquitous. In …

Navigating A Potentially Changing Landscape In Child Welfare Appellate Review, Carolyn Altman, Robert Rodatus, Amanda Trimble

Mercer Law Review

Recently, the Georgia Supreme Court, in reversing the Georgia Court of Appeals decision as to a legitimation petition, held that the evidence was sufficient, by the appropriate standard of proof, for the trial court to deny the putative father’s petition to establish his legal rights to a child. This supreme court opinion, in reviewing the analysis of the court of appeals, illustrated an approach of the court of appeals in some child welfare cases to state a standard of review that defers to the trial court as trier of fact; but then, in de facto deference, to the rights of …

How The Farm Bill May Be The Key To Healthier Cities, Fatima Ouedraogo

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Farm Bill, a significant piece of U.S. legislation governing agricultural and food programs, can be a crucial tool in addressing urban health issues by making healthy food more affordable. By expanding subsidies to include specialty crops like fruits and vegetables, the Farm Bill could reduce the cost of these items, thereby encouraging healthier diets and combating rising obesity rates in urban populations.