Social Security Is Fair To All Generations: Demystifying The Trust Fund, Solvency, And The Promise To Younger Americans,
2017
George Washington University
Social Security Is Fair To All Generations: Demystifying The Trust Fund, Solvency, And The Promise To Younger Americans, Neil H. Buchanan
Cornell Journal of Law and Public Policy
The Social Security system has come under attack for having illegitimately transferred wealth from younger generations to the Baby Boom generation. This attack is unfounded, because it fails to understand how the system was altered in order to force the Baby Boomers to finance their own benefits in retirement. Any challenges that Social Security now faces are not caused by the pay-as-you-go structure of the system but by Baby Boomers' other policy errors, especially the emergence of extreme economic inequality since 1980. Attempting to fix the wrong problem all but guarantees a solution that will make matters worse. Generational justice …
Narrowly-Tailored Privatization,
2017
American University Faculty Account
Narrowly-Tailored Privatization, Brandon Weiss
Scholarly Articles in Law Reviews & Journals
Affordable housing projects in the United States have served as an integral part, and often the backbone, of broader community economic development (CED) initiatives for as long as community development corporations (CDCs) have existed. As the field of CED evolves, and critical thinking about the role of law and lawyers within it continues to develop, it is important that this thinking include a rigorous reevaluation of how affordable housing strategies can best support the broader aims of CED. Evidence from eighty years of significant federal policy intervention in affordable housing, fifty years of experimentation by CDCs, and thirty years of …
Local Police Entanglement With Immigration Enforcement In Georgia,
2017
Project South
Local Police Entanglement With Immigration Enforcement In Georgia, Azadeh Shahshahani
Cardozo Law Review de•novo
The federal government has encouraged local police to assist in apprehending, detaining, and removing undocumented immigrants living in the United States ever since the 1980s. State governments, by themselves, do not have the authority to directly regulate immigrants’ presence or immigration; that power belongs to the federal government pursuant to Article I, Section 8 of the U.S. Constitution’s Commerce Clause, among other sources. However, federal officials have permitted—sometimes even coerced—states to “cooperate” in reporting undocumented immigrants and aiding in “identification, apprehension, detention, or removal” of these immigrants.
Reframing Homelessness In Vermont: A Systemic Approach To Homelessness Policy Advocacy In Windham County Vermont,
2017
SIT Graduate Institute
Reframing Homelessness In Vermont: A Systemic Approach To Homelessness Policy Advocacy In Windham County Vermont, Scott Sharland
Capstone Collection
The Changeworks Committee of the Groundworks Collaborative was created in 2014 to implement advocacy that would build public support for long-term policy changes addressing the root causes of homelessness in Windham County Vermont. This research focused on the work of this committee, and posed the question: How does reframing homelessness as a systemic issue instead of an individual issue impact the public perception of the problem in Windham County, Vermont? I argue that reframing perceptions of homelessness as the result of systemic failure and not as a problem of individual choice is key to building public support for solutions. Additionally, …
Grassroots Innovation Systems For The Post-Carbon World: Promoting Economic Democracy, Environmental Sustainability, And The Public Interest,
2017
Brooklyn Law School
Grassroots Innovation Systems For The Post-Carbon World: Promoting Economic Democracy, Environmental Sustainability, And The Public Interest, Shobita Parthasarathy
Brooklyn Law Review
This article uses a sociotechnical systems approach to advocate for an alternative way of thinking about the role of innovation in international development efforts, specifically those focused on environmental sustainability and a post-carbon world. This approach views technology and society as inextricably linked, highlighting how particular values, norms, individual rights and responsibilities, social practices and relationships, and aspects of political culture are embedded in the design, development, implementation, and use of technology. Using the example of clean cookstoves, this article argues that technologies customarily deployed to achieve international development goals are embedded in particular values, assumptions, and social structures that …
Protective Plan Provisions For Employer-Sponsored Employee Benefits Plans, 18 Marq. Ben. & Soc. Welfare L. Rev. 1 (2017),
2017
John Marshall Law School
Protective Plan Provisions For Employer-Sponsored Employee Benefits Plans, 18 Marq. Ben. & Soc. Welfare L. Rev. 1 (2017), Kathryn J. Kennedy
UIC Law Open Access Faculty Scholarship
No abstract provided.
Vulnerability And Inevitable Inequality,
2017
Emory University School of Law
Vulnerability And Inevitable Inequality, Martha Albertson Fineman
Faculty Articles
The abstract legal subject of liberal Western democracies fails to reflect the fundamental reality of the human condition, which is vulnerability. While it is universal and constant, vulnerability is manifested differently in individuals, often resulting in significant differences in position and circumstance. In spite of such differences, political theory positions equality as the foundation for law and policy, and privileges autonomy, independence and self-sufficiency. This article traces the origins and development of a critical legal theory that brings human vulnerability to the fore in assessing individual and state responsibility and redefining the parameters of social justice. The theory arose in …
Putting Distribution First,
2017
Cornell Law School
Putting Distribution First, Robert C. Hockett
Cornell Law Faculty Publications
It is common for normative legal theorists, economists and other policy analysts to conduct and communicate their work mainly in maximizing terms. They take the maximization of welfare, for example, or of wealth or utility, to be primary objectives of legislation and public policy. Few if any of these theorists seem to notice, however, that any time we speak explicitly of maximizing one thing, we speak implicitly of distributing other things and of equalizing yet other things. Fewer still seem to recognize that we effectively define ourselves by reference to that which we distribute and equalize. For it is in …
Social Justice And The American Law School Today: Since We Are Made For Love,
2017
Loyola University Chicago, School of Law
Social Justice And The American Law School Today: Since We Are Made For Love, Michael J. Kaufman
Faculty Publications & Other Works
No abstract provided.
Efforts To Combat Child Trafficking In The Us: Victims And Victim-Witnesses,
2017
Loyola University Chicago, School of Law
Efforts To Combat Child Trafficking In The Us: Victims And Victim-Witnesses, Katherine Kaufka Walts
Faculty Publications & Other Works
No abstract provided.
The Reflection And Reification Of Racialized Language In Popular Media,
2017
University of Kentucky
The Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright
Theses and Dissertations--Linguistics
This work highlights specific lexical items that have become racialized in specific contextual applications and tests how these words are cognitively processed. This work presents the results of a visual world (Huettig et al 2011) eye-tracking study designed to determine the perception and application of racialized (Coates 2011) adjectives. To objectively select the racialized adjectives used, I developed a corpus comprised of popular media sources, designed specifically to suit my research question. I collected publications from digital media sources such as Sports Illustrated, USA Today, and Fortune by scraping articles featuring specific search terms from their websites. This experiment seeks …
(Anti)Poverty Measures Exposed,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
(Anti)Poverty Measures Exposed, Francine J. Lipman
Scholarly Works
Few economic indicators have more salience and pervasive financial impact on everyday lives in the United States than poverty measures. Nevertheless, policymakers, researchers, advocates, and legislators generally do not understand the details of poverty measure mechanics. These detailed mechanics shape and reshape poverty measures and the too often uninformed responses and remedies. This Article will build a bridge from personal portraits of families living in poverty to the resource allocations that failed them by exposing the specific detailed mechanics underlying the Census Bureau’s official (OPM) and supplemental poverty measures (SPM). Too often, when we confront the problem of poverty, the …
Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion,
2017
Brooklyn Law School
Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias
Journal of Law and Policy
Courts and legislatures face the difficult task of balancing individual First Amendment rights with other basic freedoms, a task that has become increasingly challenging with the advent of new technology. The emergence of the ballot selfie has caused a legal uproar due to the perception that it may compromise the sanctity of the electoral process and the secret ballot process by facilitating vote buying and coercion. Consequently, several states have enacted laws that prohibit most or all ballot selfies. However, many individuals have rightfully protested these laws as an unreasonable restraint on freedom of speech. This Note argues that although …
Table Of Contents,
2017
Marquette University Law School
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Taxing Social Impact Bonds,
2017
Southern Methodist University, Dedman School of Law
Taxing Social Impact Bonds, Orly Mazur
Faculty Journal Articles and Book Chapters
An exciting new way to fund social services has recently emerged. This new financing mechanism, called a social impact bond (SIB), has the potential to help us tackle some of our nation’s most challenging social problems. Broadly speaking, a SIB is a type of “pay for success” contract where private investors provide the upfront capital to finance a social program, but only recoup their investment and realize returns if the program is successful. Like any new financing instrument, SIBs create numerous regulatory challenges that have not yet been addressed. One unresolved issue is the tax implications of a SIB investment. …
Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi,
2017
Brooklyn Law School
Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri
Journal of Law and Policy
Low-income New Yorkers rely heavily on public transportation to travel around the city. However, riding the New York City subway system is becoming increasingly unaffordable. New York City’s Metropolitan Transit Authority (MTA) has set forth plans to implement semiannual fare increases. No alleviation has been provided, however, to New Yorkers living at or below the federal poverty level, despite the discounts provided to other groups regardless of their income. The inability to travel can have a devastating impact on the upward mobility of poor New Yorkers, and, alarmingly, fare increases appear to have a disparate impact on low-income people of …
Legislatively Mandating A Cba Is Not The Way: A Case Study Of Detroit’S Proposed Community Benefits Ordinance And Its Constitutionality Under The Takings Clause Of The Fifth Amendment,
2017
Brooklyn Law School
Legislatively Mandating A Cba Is Not The Way: A Case Study Of Detroit’S Proposed Community Benefits Ordinance And Its Constitutionality Under The Takings Clause Of The Fifth Amendment, Colyn Eppes
Journal of Law and Policy
Community Benefit Agreements, or CBAs, have quickly become a useful tool to ensure that the benefits reaped from large-scale urban development projects are shared among all stakeholders, particularly the community in which the development takes place. In exchange for the local community’s support, which is critical to the developer to progress through the permit application process efficiently, the developer contractually agrees to provide a slate of benefits to the affected community. CBAs have been lauded for their ability to require developers to promote affordable housing, first-source hiring programs, and other targeted benefits which the host community contracted for. However, one …
Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption,
2017
Brooklyn Law School
Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption, Anna Hanke
Journal of Law and Policy
In Chevron Corp. v. Steven Donziger, the Southern District of New York granted Chevron an injunction against Donziger under the Racketeer Influenced and Corrupt Organizations (RICO) Act, preventing the enforcement of an Ecuadorean judgment against it in the United States. This Note discusses the circuit court split on whether injunctive relief may be granted in a civil RICO suit, arguing that injunctive relief is an available remedy within the statute’s plain meaning, legislative intent, and evolving jurisprudence of civil RICO. The Note applies the Donziger interpretation of RICO to a case of a similarly corrupted judgment, Caperton v. A.T. Massey …
Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion,
2017
Brooklyn Law School
Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias
Journal of Law and Policy
Courts and legislatures face the difficult task of balancing individual First Amendment rights with other basic freedoms, a task that has become increasingly challenging with the advent of new technology. The emergence of the ballot selfie has caused a legal uproar due to the perception that it may compromise the sanctity of the electoral process and the secret ballot process by facilitating vote buying and coercion. Consequently, several states have enacted laws that prohibit most or all ballot selfies. However, many individuals have rightfully protested these laws as an unreasonable restraint on freedom of speech. This Note argues that although …
Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi,
2017
Brooklyn Law School
Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri
Journal of Law and Policy
Low-income New Yorkers rely heavily on public transportation to travel around the city. However, riding the New York City subway system is becoming increasingly unaffordable. New York City’s Metropolitan Transit Authority (MTA) has set forth plans to implement semiannual fare increases. No alleviation has been provided, however, to New Yorkers living at or below the federal poverty level, despite the discounts provided to other groups regardless of their income. The inability to travel can have a devastating impact on the upward mobility of poor New Yorkers, and, alarmingly, fare increases appear to have a disparate impact on low-income people of …
