Helen Sprainer AIR QUALITY EQUITY: WHY THE CLEAN AIR ACT FAILED TO PROTECT LOW-INCOME COMMUNITIES AND COMMUNITIES OF COLOR FROM COVID-19 30 New York University Environmental Law Journal 123 (2022) The effects of the COVID-19 pandemic highlight the many ways in which low-income communities and communities of color suffer disproportionate harms during a disaster. This pandemic is an environmental injustice because the inequitable development and enforcement of our environmental laws has left some communities more at risk for serious infection... 2022  
Emily R.D. Murphy BRAINS WITHOUT MONEY: POVERTY AS DISABLING 54 Connecticut Law Review 699 (May, 2022) The United States has long treated poverty and disability as separate legal and social categories, a division grounded in widespread assumptions about the deserving and undeserving poor. In the case of disability, individuals generally are not thought to be morally responsible for their disadvantage, whereas in the case of poverty, individuals... 2022  
Gregory E. Louis BRIDGING THE TWO CULTURES: TOWARD TRANSACTIONAL POVERTY LAWYERING 28 Clinical Law Review 411 (Spring, 2022) As U.S. society emerges from the COVID-19 pandemic that decimated Black and Brown communities and law schools reexamine their curricula after the summer of 2020, a moment of interest convergence has emerged: the need for legal education to matter for Black and Brown livelihoods. This Article proposes a concrete measure for meeting this moment.... 2022  
Ritsuko Kurita , Kanagawa University COPING WITH WELFARE SHAME: RESPONSES OF URBAN INDIGENOUS AND NON-INDIGENOUS PEOPLES TO "MUTUAL OBLIGATION" REQUIREMENTS IN AUSTRALIA 45 PoLAR: Political and Legal Anthropology Review 171 (November, 2022) This article examines how Indigenous and non-Indigenous people in cities navigate welfare and the mutual obligation regime in Australia. Since the introduction of the mutual obligation requirements (MORs) and the accompanying Work for the Dole program, initially for Indigenous and later for non-Indigenous welfare beneficiaries, welfare recipients... 2022  
Michele Estrin Gilman EXPANDING CIVIL RIGHTS TO COMBAT DIGITAL DISCRIMINATION ON THE BASIS OF POVERTY 75 SMU Law Review 571 (Summer, 2022) Low-income people suffer from digital discrimination on the basis of their socio-economic status. Automated decision-making systems, often powered by machine learning and artificial intelligence, shape the opportunities of those experiencing poverty because they serve as gatekeepers to the necessities of modern life. Yet in the existing legal... 2022  
Michael Tubbs FEDERAL RETIREMENT SAVINGS ACCOUNTS CAN BUILD WEALTH, FIGHT POVERTY, AND GIVE AMERICAN SENIORS DIGNITY 40 Yale Law and Policy Review 642 (Spring, 2022) Fifty-eight years ago, President Lyndon Johnson declared an unconditional war on poverty in America because too many Americans lived on the outskirts of hope--some because of their poverty, and some because of their color, and all too many because of both. He diagnosed poverty as our nation's failure to give our fellow citizens a fair chance... 2022  
Katie Whitley INCREASING ACCESS TO HIGH-QUALITY SCHOOLS IN INDIANAPOLIS THROUGH THE LOW-INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN 55 Indiana Law Review 879 (2022) Countless children in the greater Indianapolis metropolitan area lack access to high-quality public schools due to the median income and racial makeup of their neighborhood. School and residential racial segregation in our country, coupled with inequitable distribution of resources across neighborhoods and schools, creates a system in which... 2022  
Nino C. Monea LOW INCOME, POOR OUTCOME: UNEQUAL TREATMENT OF INDIGENT DEFENDANTS 67 Wayne Law Review 345 (Winter, 2022) Abstract. 345 I. Introduction. 346 II. Criminalizing Poverty. 349 A. Outlawing Cheap Housing or No Housing. 349 B. Traffic Laws that Hinge on Wealth. 352 C. Cash Bail. 357 III. Debtor Prisons. 360 A. Mountainous Fines. 361 B. Collateral Expenses. 364 C. Public Defender Fees. 367 D. Private Debts, Public Enforcement. 370 E. Lack of Fee Waivers. 372... 2022  
Michele Estrin Gilman ME, MYSELF, AND MY DIGITAL DOUBLE: EXTENDING SARA GREENE'S STEALING (IDENTITY) FROM THE POOR TO THE CHALLENGES OF IDENTITY VERIFICATION 106 Minnesota Law Review Headnotes 301 (Spring, 2022) In the social jungle of human existence, there is no feeling of being alive without a sense of identity.--Erik Erikson We are not hiding who we are. We are who we say we are.--Tricia George, unemployment insurance applicant locked out of the system Identity is foundational to human existence. Philosopher John Locke linked identity to... 2022  
Sophia Hunt, Department of Sociology, Stanford University, Stanford, California, USA POLICING WELFARE: PUNITIVE ADVERSARIALISM IN PUBLIC ASSISTANCE. BY SPENCER HEADWORTH. CHICAGO: UNIVERSITY OF CHICAGO PRESS, 2021. 272 PP. $32.50 PAPERBACK 56 Law and Society Review 159 (March, 2022) President Reagan notably fought to reform the welfare system and to curb the abuse of government programs. He famously argued that he wanted his agents of oversight and investigation to be as relentless and unsparing as junkyard dogs' in the effort to identify and eradicate wasteful or ill-advised expenditures (p. 27). While much is known about... 2022  
Samiksha Manjani POOR GABRIEL: HOW AMBIGUOUS STATE IMMUNITY POLICIES FOR CHILD PROTECTION AGENCY WORKERS FAIL CHILDREN OF COLOR 30 American University Journal of Gender, Social Policy and the Law 57 (2022) I. Introduction. 5.8 II. Background. 61 A. The Development of the Child Welfare System. 61 1. The Advent of an Overburdened Child Welfare State. 61 2. The Overrepresentation of Children of Color in the Child Welfare System. 62 B. The Evolution of Children's Rights in America. 63 1. DeShaney: Do Children Have Due Process Rights?. 63 2. An Overview:... 2022  
Sarah Brown PROMULGATING POVERTY: HOW AI TECHNOLOGY EXACERBATES POVERTY ISSUES IN PUBLIC PROGRAMS 49 Northern Kentucky Law Review 267 (2022) Since 1935, the United States has funded public welfare programs for its needy citizens. These vital government programs provide assistance with food, housing, health care, and other basic living expenses through programs such as Supplemental Security Income (SSI), the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for... 2022  
Brittany L. Deitch REHABILITATION OR REVOLVING DOOR: HOW PAROLE IS A TRAP FOR THOSE IN POVERTY 111 Georgetown Law Journal Online 46 (2022) On any given day, one in four incarcerated persons in the United States is locked up for a technical violation of their community supervision. The United States has thus created a mass incarceration problem and mass supervision problem that fuel each other through the parole system. When an individual is fortunate enough to be released from prison... 2022  
Celia Feldman RENTING WHILE POOR: HOW RENT ESCROW VIOLATES TENANTS' DUE PROCESS RIGHTS 51 University of Baltimore Law Review 247 (Spring, 2022) I. INTRODUCTION. 248 II. SOCIETAL JUDGMENTS REGARDING POVERTY. 250 A. Exclusion of Low-Income Americans from Aid Programs Based on Moral Judgments. 251 B. Exclusion of Low-Income Minorities from Communities and Housing Through Moralistic and Exclusionary Zoning. 252 III. REFORMS IN LANDLORD-TENANT LAW. 256 A. The Warranty of Habitability. 256 B.... 2022  
Claire S. Raj RIGHTS TO NOWHERE: THE IDEA'S INADEQUACY IN HIGH-POVERTY SCHOOLS 53 Columbia Human Rights Law Review 409 (Spring, 2022) The Individuals with Disabilities Education Act (IDEA) successfully opened the schoolhouse doors to millions of students with disabilities. But more than forty years after its enactment, the law has proven largely inept at confronting the educational inequities faced by the many students with disabilities attending underfunded, high-poverty... 2022  
Stacy Metcalf , Kelli L. Dickerson , Jennifer Lavoie , Jodi A. Quas THE COVID-19 PANDEMIC AND LAY PERCEPTIONS OF POVERTY AND NEGLECT 46 Law and Human Behavior 245 (August, 2022) Objectives: In cases of child neglect, intervention depends on accurate identification and reporting. Prior work has shown that individuals, especially those of high socioeconomic status (SES), conflate poverty and neglect when making identification and reporting decisions. The COVID-19 pandemic led to changes in people's experiences with poverty,... 2022  
Michael Bindas THE ONCE AND FUTURE PROMISE OF RELIGIOUS SCHOOLS FOR POOR AND MINORITY STUDENTS 132 Yale Law Journal Forum 529 (17-Nov-22) abstract. In Carson v. Makin, the Supreme Court provided the bookend to its 2002 decision in Zelman v. Simmons-Harris. Whereas Zelman held that the Establishment Clause permits the inclusion of religious options in educational-choice programs, Carson held that the Free Exercise prohibits their exclusion. Immediately, the public-school establishment... 2022  
Dr. Katharine M. Broton, Charlotte Lenkaitis, Sarah Henry UNIVERSITIES AS PRODUCERS, MANAGERS, AND OPPONENTS OF POVERTY: THE CASE OF FOOD INSECURITY ON CAMPUS 29 Georgetown Journal on Poverty Law and Policy 337 (Spring, 2022) Given growing awareness of and actions to address food insecurity challenges in higher education, this paper is a response to the Georgetown Journal on Poverty Law and Policy 2022 Symposium call to examine universities as producers, managers, and opponents of poverty. Bringing together the unique perspectives of a faculty scholar and two recent... 2022  
  WELFARIST PROSECUTION 135 Harvard Law Review 2151 (June, 2022) Criminal justice reform advocates have long rallied against the criminalization of poverty in the United States. It's well established that criminal justice involvement disproportionately affects communities of color and low-income individuals. This is unsurprising given the historic tightening of the welfare state, coupled with the unprecedented... 2022  
Richard Spradlin ZONING, NATURAL RESOURCES, AND RECLAMATION: OPPORTUNITIES FOR ENVIRONMENTAL JUSTICE IN A FLOWERING INDUSTRY 23 Vermont Journal of Environmental Law 374 (Summer, 2022) Introduction. 375 I. Racialized Criminalization and Attempted Restoration. 377 A. Criminalization. 377 B. Legalization. 379 1. Canna-colonialism. 379 II. Relationship Between the Environment and Cannabis Cultivation/Production. 383 III. EJ and Cannabis: Considerations and Opportunities. 389 A. Zoning, Licensing, and Community Rebuilding. 390 B.... 2022  
Tricia Young A CHANGE MUST COME: THE INTERSECTION OF INTERGENERATIONAL POVERTY AND PUBLIC BENEFITS 14 DePaul Journal for Social Justice 1 (Winter, 2021) Despite being one of the wealthiest countries in the world, the United States continues on in its trend of passing on a low quality of life from one generation of the poor to the next--thereby exacerbating and perpetuating poverty into the foreseeable future. Intergenerational poverty, as this concept is aptly named, disproportionately impacts... 2021  
Jeremy A. Rovinsky A STUNNING DECISION: HOW THE E.C.J. BUTCHERED BOTH RELIGIOUS FREEDOM AND ANIMAL WELFARE 29 Tulane Journal of International and Comparative Law 273 (Spring, 2021) I. Background. 273 II. The Essence of the Advocate General's Advisory Opinion. 275 III. The European Court of Justice's Stunning Decision. 277 A. How the Decision Fails to Protect Religious Freedom. 278 B. How the Decision Fails to Protect Animal Welfare. 279 IV. A Meatier Approach. 283 V. Conclusion. 284 2021  
Megan Paschke APPLYING U.S. ANIMAL LAW EXTRATERRITORIALLY TO IMPROVE ANIMAL WELFARE STANDARDS ABROAD AND AVOID A RACE TO THE BOTTOM 49 Denver Journal of International Law and Policy 13 (2021) Gaps in animal law, both state and federal, have led to decreasing animal welfare in a globalized society. Animal welfare is increasingly threatened by international trade and differing standards of countries who import and export animals for all sorts of reasons, particularly consumption. This mismatch of differing and decreasing standards and... 2021  
George Rice COVID-19 & FOOD INSECURITY: HOW THE COVID-19 PANDEMIC HAS EXACERBATED FOOD INSECURITY AND WILL DISPROPORTIONALLY AFFECT LOW INCOME AND MINORITY GROUPS 21 University of Maryland Law Journal of Race, Religion, Gender and Class 160 (Spring, 2021) The COVID-19 pandemic has highlighted several health disparities that exist between primarily White, affluent populations and low-income and minority communities. While diet-related health disparities have come to the forefront during the pandemic, they have existed for generations, and can be attributed, in part, to systemic inequality in food... 2021  
William C.C. Kemp-Neal J.D. ENVIRONMENTAL RACISM: USING ENVIRONMENTAL PLANNING TO LIFT PEOPLE OUT OF POVERTY, AND RE-SHAPE THE EFFECTS OF CLIMATE CHANGE & POLLUTION IN COMMUNITIES OF COLOR 32 Fordham Environmental Law Review 295 (Symposium-Spring, 2021) Long before the phrase I can't breathe became a rallying cry for Black Lives Matter activists protesting the deaths of Black people at the hands of police, environmental-justice activists warned that pollution was choking and killing people of color in the U.S. In the mid-1900s the United States began to see a rise in concern for environmental... 2021  
Victoria J. Haneman FUNERAL POVERTY 55 University of Richmond Law Review 387 (Winter, 2021) Death is an expensive proposition. The economics of life do not end with death, and putting the deceased to rest carries (often unexpected) funerary expenses for cremations, funerals, burials, and/or memorials. In 2019, the median cost of an adult funeral with viewing and burial exceeded $9000. This number is particularly stark given that four out... 2021  
Kathryn Evans MAKING WORKFARE MORE FAIR: PROTECTING WORKERS IN WELFARE PROGRAMS FROM SEXUAL HARASSMENT 36 Berkeley Journal of Gender, Law & Justice 150 (2021) Every year, hundreds of thousands of adults in the United States work full-time jobs through programs known as workfare as a requirement to collecting public benefits. Although these individuals work full time, their legal status as employees is not as clear as it should be. That fact, along with other factors such as their status as temporary... 2021  
Emily E. Harrison ODOR IN THE COURT! AND IT SMELLS LIKE ENVIRONMENTAL RACISM: HOW BIG PORK IS LEGALLY ABUSING POOR COMMUNITIES OF COLOR IN EASTERN NORTH CAROLINA 11 Wake Forest Journal of Law and Policy 433 (2021) Over 500 plaintiffs across eastern North Carolina have filed twenty-six separate lawsuits against Murphy-Brown, LLC (Murphy-Brown), a subsidiary of Smithfield Foods, which is a Chinese-owned company. Smithfield Foods is the largest pork and hog producer in the world, generating 8.6 billion pounds of pork and 18.9 million hogs in 2016 alone. The... 2021  
Tracy A. Kaye OGDEN COMMONS CASE STUDY: A COMPARATIVE LOOK AT THE LOW-INCOME HOUSING TAX CREDIT AND OPPORTUNITY ZONE TAX INCENTIVE PROGRAMS 48 Fordham Urban Law Journal 1067 (October, 2021) Introduction. 1068 I. The Ogden Commons Project. 1072 A. North Lawndale Neighborhood, Chicago. 1072 B. OZ Census Tract 8433. 1075 II. Financing of the Ogden Commons Project. 1080 A. Qualified Opportunity Funds. 1080 B. Low-Income Housing Tax Credit Program. 1084 III. Comparison of the LIHTC Program with the Opportunity Zone Tax Incentive. 1090 A.... 2021  
Gwendoline M. Alphonso POLITICAL-ECONOMIC ROOTS OF COERCION--SLAVERY, NEOLIBERALISM, AND THE RACIAL FAMILY POLICY LOGIC OF CHILD AND SOCIAL WELFARE 11 Columbia Journal of Race and Law 471 (July, 2021) The Article argues that at the core of the American neoliberal policy regime, of which child welfare is a critical part, lies an enduring raced family policy logic of two racially stratified standards: a punitive Black economic utility family standard and a supportive white domestic affection family standard, whose policy roots and practices trace... 2021  
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