Social Welfare Law Commons^™

Dickens Redux: How American Child Labor Law Became A Con Game, Seymour Moskowitz

Law Faculty Publications

Millions of American teens are employed today in a variety of workplaces. The jobs they hold typically provide little human capital for their future economic self·sufficiency, and pose substantial immediate and long-term safety, academic, and behavioral risks for this generation. This Article seeks to answer the question of how American law and society reached this situation, which has such disastrous effects for working youth, their families, and society as a whole. Three main themes are developed:

1. Child labor has always been part of the American economy, from colonial times until today. While there have been more than 150 years …

From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super

Faculty Scholarship

Pending legislation to address carbon emissions would include large subsidies for existing emitters. These subsidies make little sense economically or politically. Worse, they divert resources needed to address two crucial issues that the proposed legislation largely ignores: the impact of raising carbon costs on low-income people and the massive structural federal deficit. A carbon tax or cap-and-trade system would increase costs substantially not only for transportation but for food and housing. With poverty rising even before the current economic downturn, these price increases’ consequences could be dire. The structural deficit will require deflationary tax increases or spending cuts. Combining carbon …

A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd

Law Faculty Scholarship

For much of our nation’s history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor’s right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities in the …

Property Rights & The Demands Of Transformation, Bernadette Atuahene

Michigan Journal of International Law

Countries like those in Southern Africa will never emerge from the indomitable shadow of inequity and the serious threat of backlash unless real property is redistributed; but, the conception of property these countries explicitly or implicitly adopt can adversely affect their ability to redistribute. Under the classical conception of real property (the classical conception), redistribution is difficult because title deed holders are a privileged group who are given nearly absolute property protection. Strangely, the classical conception is ascendant in many transitional states where redistribution is essential. The specific question this Article addresses is: for states where past property dispossession has …

Stratification Of The Welfare Poor: Intersections Of Gender, Race, And “Worthiness” In Poverty Discourse And Policy, Bridgette Baldwin

The Modern American

No abstract provided.

International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar

UIC Law Review

No abstract provided.

The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

No abstract provided.

Medicaid, Low Income Pools, And The Goals Of Privatization, Laura Hermer

Faculty Scholarship

This article examines the Bush Administration's attempts to transform certain supplemental payments, most notably Medicaid’s Disproportionate Share Hospital (DSH) program, into a means of subsidizing private health coverage for Medicaid expansion populations. Greater private market involvement in the state disbursement of supplemental payments such as DSH makes it more difficult to fulfill Medicaid’s original goals. It reduces the overall funds available specifically for care, provides beneficiaries with leaner benefit plans than those offered by the public system, and hinders beneficiaries from obtaining and retaining care. As such, it increases waste and inefficiency, rather than reducing them. At the same time, …

Finding And Incorporating Spirituality In The Work Of The Clinic, Ana M. Novoa

Faculty Articles

forthcoming

Between Starvation And Globalization: Realizing The Right To Food In India, Lauren Birchfield, Jessica Corsi

Michigan Journal of International Law

This Article evaluates People's Union for Civil Liberties v. Union of India & Others (PUCL) through multiple lenses, examining: (1) the necessary factors that contributed to the success of the Public Interest Litigation (PIL) and its enforcement and (2) both the implications and limitations of PUCL as it relates to India's larger economic policy framework. We argue that the development and success of the PUCL litigation have depended in part on provisions of the Indian Constitution amenable to the incorporation and promotion of economic and social rights as well as on a unique relationship between civil society and judicial institutions. …

Ahistorical Indians And Reservation Resources, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.

Is That Really Me?: Social Networking And The Right Of Publicity, Rachel A. Purcell

Vanderbilt Journal of Entertainment & Technology Law

Social networking websites are ubiquitous in modern culture and popular with people of all ages and demographics. Operators of this kind of site, which consist largely of third party generated content, are immune from many types of civil liability for third party postings under the Communications Decency Act. However, the Act does not immunize these providers from intellectual property right infringements. Recent court decisions suggest that this immunity exception may extend not only to federal intellectual property rights, but state intellectual property rights like the right of publicity. This Note will evaluate the emerging circuit split regarding state intellectual property …

Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Polices, John Aloysius Cogan, Jr.

Faculty Articles and Papers

While the rhetoric surrounding the passage of the Patient Protection and Affordable Care Act focused on core issues such as cost, quality, and access to care, the dialog rarely acknowledged a key problem-the fact that most Americans do not understand their health insurance. Simply put, consumers do not fully grasp their health insurance coverage because the jargon found in many health insurance contracts is impenetrable to most Americans. This is disconcerting because consumer-oriented information is central to our increasingly consumer-directed health care system. Consumers are expected to make cost-effective choices among the array of health insurance plans that may be …

Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson

Law Faculty Scholarly Articles

Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number of …

The Redefined Hero: Discovering Champions Of Social Change, Emily Benfer

Faculty Publications & Other Works

No abstract provided.

Book Review, Chad J. Schatzle

Scholarly Works

Welfare's Forgotten Past: A Socio-Legal History of the Poor Law is a timely reminder of society's legal duty to the poor. In an era of global economic turmoil, with recent welfare reform and heated debates over the extension of unemployment benefits here in the United States, it is easy to forget that laws for the relief of poverty have roots reaching back more than 400 years. Author Lorie Charlesworth, Reader in Law and History at Liverpool John Moores University, focuses her book on the poor law-a historical, English system derived largely from the seventeenth-century laws of settlement and removal, which …

Intent And Empirics: Race To The Subprime, Carol N. Brown

Law Faculty Publications

The United States’ history of racially discriminatory banking, housing, and property policies created a community of black Americans accustomed to exploitative financial services and vulnerable to victimization by subprime lenders. My thesis is that black borrowers are experiencing a new iteration of intentional housing discrimination in the twentieth and twenty-first centuries; lenders identified a vulnerable 'emerging market' of black homeowners and borrowers and knowingly targeted them to receive subprime or predatory loan products when equally situated white borrowers were given superior, prime mortgage products. This Article explores how disparate lending practices coupled with banking deregulation undermined the Congressional push for …

Pemakaian Peraturan-Peraturan Kumpulan Wang Simpanan Pekerja (Kwsp) 2001 Dalam Tuntutan Dan Agihan Harta Tanpa Penamaan : Pelaksanaannya Di Kwsp Kuala Lumpur., Siti Fatimah Azzura Mohd Yusof

Student Works (2010-2019)

This research generally examines the concept of property without nomination and its administration in Malaysia. In order to examine the administration of the property, the Employees Provident Fund (EPF) institution was selected. The main discussion of this research focuses on the EPF claim application and its distribution aspects. Both of the aspects are stated in the EPF Regulations 2001. Furthermore this research is concentrated on the administrative issues of the claim and distribution of the property. This qualitative research had used methods of library research, documentation, sampling (Purposive Sampling) and interviewing in the collection of the data. In analyzing the …

The Case For Social Rights, Virginia Mantouvalou

Georgetown Law Faculty Publications and Other Works

This is part of the book Debating Social Rights (Oxford, Hart Publishing, 2010) where I am making the case for social rights and Professor Conor Gearty (LSE) is making the case against social rights. This paper argues that social and economic rights, defined as rights to the satisfaction of basic needs, are constitutional essentials at domestic level and claims of the highest priority at supranational level. Their inadequate legal protection in national and supranational orders is not justified. Social rights have common foundations with civil and political rights, but have been neglected in law because of Cold War ideologies. The …

Stratification Of The Welfare Poor: Intersections Of Gender, Race & "Worthiness" In Poverty Discourse And Policy, Bridgette Baldwin

Faculty Scholarship

This Article analyzes the historical, cultural and legal treatments and representations of poor black women from Progressive Era philanthropic aid to early "work-to-welfare" reform protocol. When black women serve as the case study for a larger examination of social policy issues we see that welfare was rarely meant to remedy the structural crunch of poverty. Working class black women have been at the center of the construction of the poor and serve as the designation to determine which people deserve to be compensated for being poor.

Furthermore, the Author discusses both the ramifications and rationale of why the government never …