Medicaid For All?: State-Level Single-Payer Health Care,
2018
American University Washington College of Law
Medicaid For All?: State-Level Single-Payer Health Care, Lindsay Wiley
Scholarly Articles in Law Reviews & Journals
If single-payer health care is ever to become a reality in the United States, it will very likely be pioneered by a state government, much like Canada’s single-payer system was first adopted in the provinces. Canada’s system operates more like U.S. Medicaid — financed nationally but administered largely by the provinces — than U.S. Medicare. This article describes three basic strategies progressive U.S. state governments are exploring for achieving universal access to high-quality health care and better health outcomes for their residents. First, maximizing eligibility for the existing Medicaid program using matching federal funds. Second, taking up the mantle of …
Exploiting Latin American Microfinance Deregulation: One Borrower At A Time,
2017
Brooklyn Law School
Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral
Brooklyn Journal of Corporate, Financial & Commercial Law
Microfinance seeks to eradicate poverty through the economic growth and development that results when seed capital is given to microenterprises. In 2015, Latin America’s microfinance loan portfolio totaled $40 billion USD and included more than twenty-two million borrowers. Due to the current state of microfinance in the region—abusive lending practices and betraying the original goal and purpose of eradicating poverty—this Note advocates for a regional regulatory body, such as the Latin American Microfinance Association, that would develop and assist Latin American countries to implement model legal frameworks that increase client protection, create licensing requirements, establish interest rate caps, and recognize …
Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment,
2017
Notre Dame Law School
Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, Ryan D. Konstanzer
Journal of Legislation
No abstract provided.
“Making Bail”: Limiting The Use Of Bail Schedules And Defining The Elusive Meaning Of “Excessive Bail”,
2017
Brooklyn Law School
“Making Bail”: Limiting The Use Of Bail Schedules And Defining The Elusive Meaning Of “Excessive Bail”, James A. Allen
Journal of Law and Policy
Every day in the United States, thousands of people are waiting in jail postarrest prior to any trial or conviction. Once arrested, these individuals frequently face harsh conditions while they are held for their first appearance to be assigned bail. Thousands of individuals wait more than forty-eight hours to first appear in front of a judicial officer who determines their bail conditions. Innocent people––people who have committed no offense except that of being underprivileged––are pressured into accepting plea bargains because they cannot pay bail. Thousands remain in jail unwilling to accept plea bargains or admit guilt but are detained nevertheless …
Welfare And Federalism's Peril,
2017
University of Washington School of Law
Welfare And Federalism's Peril, Andrew Hammond
Washington Law Review
Recent scholarship on American federalism lacks case studies to inform that scholarship’s trans-substantive insights and claims. This Article examines the last two decades of devolution brought about by the 1996 Welfare Reform Act (PRWORA). It details the history of PRWORA and how the funding mechanism built into Temporary Assistance for Needy Families (TANF)—the TANF block grant—guaranteed the program’s deterioration. The Article documents the program’s failure to respond to increased need among poor families after Hurricane Katrina and in the Great Recession, showing how the federal government’s use of TANF in both crises teach us the limits of fiscally devolved programs. …
Disability, Universalism, Social Rights, And Citizenship,
2017
University of Michigan Law School
Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos
Articles
The 2016 election has had significant consequences for American social welfare policy. Some of these consequences are direct. By giving unified control of the federal government to the Republican Party for the first time in a decade, the election has potentially empowered conservatives to ram through a bill to repeal the Affordable Care Act—the landmark “Obamacare” law that marked the most significant expansion of the social welfare state since the 1960s. Other consequences are more indirect. Both the election result itself, and Republicans’ actions since, have spurred a renewed debate within the left-liberal coalition regarding the politics of social welfare …
Small And Safe,
2017
Singapore Management University
Small And Safe, Rathna N. Koman
Research Collection Yong Pung How School Of Law
This paper seeks to address issues relating to the management of child protection in Singapore context. Currently the system provides an institutionalized multi-disciplinary approach to protecting children. The current integrated system of handling child abuse is comprehensive and thorough and seeks to serve the bests interests of the child. However given socio-economic and legal ramifications of child abuse, this paper proposes the following enhancements in the management of child protection. Fist reporting of child abuse should be made mandatory similar to the American Model. Failure to do so, should constitute an offence under the Children and Young Persons Act and …
The Public Pension Crisis Through The Lens Of State Constitutions And Statutory Law,
2017
University of Akron School of Law
The Public Pension Crisis Through The Lens Of State Constitutions And Statutory Law, Kristen Barnes
Chicago-Kent Law Review
No abstract provided.
Defend The Rights Of The Poor,
2017
St. John's University School of Law
Defend The Rights Of The Poor, Gordon J. Beggs
The Catholic Lawyer
No abstract provided.
Some Issues Of The Development Of The Science Of Social Welfare Law,
2017
Tashkent state university of law, Tashkent, 100047, Uzbekistan
Some Issues Of The Development Of The Science Of Social Welfare Law, M. Usmanova
Review of law sciences
This article analysis the issues of social security law as an important social-economic right of person, as well as proposals and recommendations concerning the relevance of the development of science of social security law.
Looking At Justice Through A Lens Of Healing And Reconnection,
2017
Northwestern Pritzker School of Law
Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn
Northwestern Journal of Law & Social Policy
No abstract provided.
“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program,
2017
Fordham University School of Law
“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres
Fordham Law Review
The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of …
Recognizing Challenges And Opportunities In The Quest To End Hunger,
2017
Texas A&M University School of Law
Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman
Texas A&M Law Review
As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought …
The Untold Story Of The Justice Gap: Integrating Poverty Law Into The Law School Curriculum,
2017
University of the District of Columbia David A. Clarke School of Law
The Untold Story Of The Justice Gap: Integrating Poverty Law Into The Law School Curriculum, Vanita S. Snow
Pace Law Review
No abstract provided.
The Changing View Of The “Bystander” In Holocaust Scholarship: Historical, Ethical, And Political Implications,
2017
Director of the United States Holocaust Memorial Museum’s Programs on Ethics, Religion, and the Holocaust
The Changing View Of The “Bystander” In Holocaust Scholarship: Historical, Ethical, And Political Implications, Victoria J. Barnett
Utah Law Review
The role of “bystanders” has been a central theme in discussions about the ethical legacy of the Holocaust. In early Holocaust historiography, “bystander” was often used as a generalized catchall term designating passivity toward Nazi crimes. “Bystander behavior” became synonymous with passivity to the plight of others, including the failure to speak out against injustice and/or assist its victims. More recent scholarship has documented the extent to which local populations and institutions were actively complicit in Nazi crimes, participating in and benefitting from the persecution of Jewish citizens, not only in Germany but across Europe. This newer research has sparked …
The Bystander In The Bible,
2017
Pastor of Forest Hill Church Presbyterian in Cleveland Heights, Ohio
The Bystander In The Bible, The Reverend Doctor John C. Lenz Jr.
Utah Law Review
In this study I have set out to investigate the stories that Jews and Christians have told for over two thousand years. Surveying the Biblical literature, I have looked for verses, passages and stories related to the issue of the bystander’s duty to act on behalf of the victim. The issue of a person’s duty to help someone in need and to be proactively engaged on behalf of the most vulnerable is everywhere present in both the Hebrew and Christian scriptures. The Biblical proscriptions are not just suggestions to “do the right thing” but divine ethical demands to action on …
A Cautionary Tale,
2017
Specialist (Chief) Prosecutor of the Kosovo Specialist Prosecutor’s Office in The Hague, The Netherlands
A Cautionary Tale, David Schwendiman
Utah Law Review
It is imperative when talking about accountability and the enforcement of internationally recognized and accepted criminal norms governing conflict, when talking about investigating and prosecuting atrocity crime, not to raise expectations that have little or no chance of being met. Expanding the modes of liability to reach bystanders has the potential to raise such expectations, pushing the range of subjects that victims, survivors and others with an interest in the outcome of atrocity crime investigations and prosecutions expect will be prosecuted out beyond those as to whom there is likely to be political will to prosecute and certainly beyond the …
The Bystander During The Holocaust,
2017
Professor of History and Director of the Tanner Humanities Center at the University of Utah
The Bystander During The Holocaust, Robert A. Goldberg
Utah Law Review
The German people today have embraced their sense of collective responsibility. They have accepted the seamless case of genocide and its implications are part of the national soul. They have come to full reckoning, determined to remember a difficult past and not repeat it. The Austrians, the Dutch, and the Poles have yet to reach the point of confession or even an awareness of responsibility. Perhaps the most remarkable symbol of national responsibility is the grassroots Stolperstein or Stumble Stone project, which began in Germany in 1992 with the goal to remember the victims of the Holocaust individually. Cobblestone-size concrete …
Reforming The Processes For Challenging Voluntary Acknowledgments Of Paternity,
2017
Northern Illinois University College of Law
Reforming The Processes For Challenging Voluntary Acknowledgments Of Paternity, Jeffrey A. Parness, David A. Saxe
Chicago-Kent Law Review
Voluntary acknowledgements of paternity (VAPs) significantly determine male legal parentage at birth for many children born of sex to unwed mothers in the United States. VAP processes are chiefly dictated by the federal Social Security Act, which places certain mandates on states participating in federally-subsidized welfare programs. These processes include norms on effective VAP establishments and on VAP disestablishments, either via early rescissions (within sixty days) by signatories or via later contests (after sixty days) by challengers, including signatories. The norms are driven by the Act’s desire to increase reimbursements of state child welfare payments from unwed fathers regardless of …
Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates,
2017
Mitchell Hamline School of Law
Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope
Georgia State University Law Review
The purpose of this Article is to help improve the quality of healthcare decision making for the unbefriended. I hope that this comprehensive and systematic explanation of both the problem and the available solutions will empower both public and clinical policymakers to develop more informed and more circumspect policies and procedures
