Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Samuel Erlanger |
A CASHLESS ECONOMY: HOW TO PROTECT THE LOW-INCOME |
2019 Cardozo Law Review de novo 166 (2019) |
C1-2Table of Contents Introduction. 167 I. Cash and the Digital World. 169 A. Legal Tender and Its Decline. 169 1. What is Legal Tender?. 169 2. What Backs Legal Tender?. 171 3. Cashless Business Growth. 173 B. Obstacles for the Public in the Cashless Economy. 175 1. Unbanked and Underbanked. 175 2. Know Your Customer. 176 C. Responses to... |
2019 |
|
Christian Ketter |
A SECOND AMENDMENT IN JEOPARDY OF ARTICLE V REPEAL, AND "AMFIT," A LEGISLATIVE PROPOSAL ENSURING THE 2ND AMENDMENT INTO THE 22ND CENTURY: AFFORDABLE MANDATORY FIREARMS INSURANCE AND TAX (AMFIT), A SOLUTION TO MAINTAINING THE RIGHT TO BEAR ARMS AND PROMOTI |
64 Wayne Law Review 431 (Winter, 2019) |
I. Assessing the Problems: Mass Shootings, Accidental Child Deaths, and the Black Market For Firearms. 434 A. Assessing Second Amendment Risks. 437 1. Article V: Repeal of the Second Amendment. 437 2. Weapons' Bans. 440 3. The Status Quo. 441 B. The Solution: AMFIT. 442 1. How Will AMFIT Function?. 447 2. AMFIT and Mental Health. 456 3. AMFIT and... |
2019 |
Yes |
Sara S. Greene |
A THEORY OF POVERTY: LEGAL IMMOBILITY |
96 Washington University Law Review 753 (2019) |
The puzzle of why the cycle of poverty persists and upward socioeconomic mobility is so difficult has long captivated scholars and the public alike. Yet with all of the attention that has been paid to poverty, the crucial role of the law, particularly state and local law, in perpetuating poverty is largely ignored. This Article offers a new theory... |
2019 |
Yes |
Megan O'Connor |
ALL IN THE COMMUNITY: USING COMMUNITY SOLAR GARDENS TO BRING THE BENEFITS OF RENEWABLE ENERGY TO LOW-INCOME COMMUNITIES |
31 Georgetown Environmental Law Review 391 (Winter, 2019) |
The goal of this Note is to analyze a possible solution to make distributed generation (DG) solar energy more affordable and available to low-income customers. The growth of renewable energy, in the form of DG solar, in the United States can be attributed to the benefits that DG solar has on mitigating the effects of climate change and helping to... |
2019 |
|
Henry Rose |
ARLINGTON HEIGHTS WON IN THE SUPREME COURT BUT THE FAIR HOUSING ACT'S GOAL OF PROMOTING RACIAL INTEGRATION SAVED THE LOW-INCOME HOUSING |
35 Touro Law Review 791 (2019) |
In the early 1970s, a developer sought a zoning change to a parcel of land in Arlington Heights, Illinois that would allow for the construction of low-income housing. Arlington Heights denied the zoning change and the developer sued Arlington Heights arguing that this denial violated both equal protection under the Fourteenth Amendment of the... |
2019 |
|
Anthony V. Alfieri |
BLACK, POOR, AND GONE: CIVIL RIGHTS LAW'S INNER-CITY CRISIS |
54 Harvard Civil Rights-Civil Liberties Law Review 629 (Summer, 2019) |
In recent years, academics committed to a new law and sociology of poverty and inequality have sounded a call to revisit the inner city as a site of cultural and socio-legal research. Both advocates in anti-poverty and civil rights organizations, and scholars in law school clinical and university social policy programs, have echoed this call.... |
2019 |
Yes |
Chris Chambers Goodman |
CLASS IN THE CLASSROOM: POVERTY, POLICIES, AND PRACTICES IMPEDING EDUCATION |
27 American University Journal of Gender, Social Policy and the Law 357 (2019) |
Introduction. 357 I. Social Science. 363 II. The Constitutional Right to Public Education. 371 A. Adequate and Equal Education in Theory. 371 B. Education as Citizenship. 376 III. The Current Landscape. 379 A. The ESSA Thus Far. 379 B. Assessing Select State ESSA Plans. 383 C. Recent Education Litigation in Select States. 384 1. New Mexico. 385 2.... |
2019 |
Yes |
Chris Chambers Goodman |
CLASS IN THE CLASSROOM: POVERTY, POLICIES, AND PRACTICES IMPEDING EDUCATION |
27 American University Journal of Gender, Social Policy and the Law 95 (2019) |
Introduction 95 I. Social Science. 101 II. The Constitutional Right to Public Education. 109 A. Adequate and Equal Education in Theory. 109 B. Education as Citizenship. 114 III. The Current Landscape. 117 A. The ESSA Thus Far. 117 B. Assessing Select State ESSA Plans. 121 C. Recent Education Litigation in Select States. 122 1. New Mexico. 123 2.... |
2019 |
Yes |
Susannah Camic Tahk |
CONVERGING WELFARE STATES: SYMPOSIUM KEYNOTE |
25 Washington and Lee Journal of Civil Rights and Social Justice 465 (Spring, 2019) |
C1-2Table of Contents I. Introduction. 465 II. Public Opinion. 467 III. Legal Frameworks. 477 IV. Administration. 482 V. Normative Concerns. 489 |
2019 |
Yes |
Dorothy E. Roberts |
DIGITIZING THE CARCERAL STATE: AUTOMATING INEQUALITY: HOW HIGH-TECH TOOLS PROFILE, POLICE, AND PUNISH THE POOR. BY VIRGINIA EUBANKS. NEW YORK, N.Y.: ST. MARTIN'S PRESS. 2018. PP. 260. $26.99 |
132 Harvard Law Review 1695 (April, 2019) |
Many life-changing interactions between individuals and state agents in the United States today are determined by a computer-generated score. Government agencies at the local, state, and federal levels increasingly make automated decisions based on vast collections of digitized information about individuals and mathematical algorithms that both... |
2019 |
Yes |
Ken Strutin |
FROM POVERTY TO PERSONHOOD: GIDEON UNCHAINED |
45 Mitchell Hamline Law Review 266 (2019) |
I. Introduction. 267 II. Poverties of Confinement. 272 A. Poverty's Reach into Prison. 273 B. Constitutional and Legislative Concerns For Indigent Prisoners. 277 C. Poor Access to Technology Limits Pro Se Lawyering. 282 III. Mass Incarceration. 285 IV. How to Build a Lawyer?. 292 V. Shaping the Law Without Counsel. 295 A. Ross. v. Moffitt. 296 B.... |
2019 |
Yes |
Jenna Steiner |
INFRASTRUCTURE AND POVERTY: REMOVING URBAN FREEWAYS TO RECTIFY A PLANNING DISASTER |
27 Journal of Affordable Housing & Community Development Law 527 (2019) |
I. Introduction. 527 II. Infrastructure and Poverty. 528 III. Rochester's Struggle with Poverty and Infrastructure. 531 A. Poverty in Rochester. 531 B. History of Rochester's Inner Loop. 533 C. The Inner Loop East Project: Rectifying a Decades-Old Problem. 535 1. Restoring Connections and Increasing Mobility. 536 2. Economic Competitiveness. 538 3.... |
2019 |
Yes |
Lisa V. Martin |
NO RIGHT TO COUNSEL, NO ACCESS WITHOUT: THE POOR CHILD'S UNCONSTITUTIONAL CATCH-22 |
71 Florida Law Review 831 (May, 2019) |
In the midst of the push for universal access to counsel in civil cases and the increasing proportion of litigants who represent themselves, a critical barrier to access to justice for children has been overlooked. Federal courts have created a catch-22 for child litigants. Children cannot bring claims themselves, so parents must bring the claims... |
2019 |
Yes |
Andrew Hammond |
PLEADING POVERTY IN FEDERAL COURT |
128 Yale Law Journal 1478 (April, 2019) |
What must a poor person plead to gain access to the federal courts? How do courts decide when a poor litigant is poor enough? This Article answers those questions with the first comprehensive study of how district courts determine when a litigant may proceed in forma pauperis in a civil lawsuit. It shows that district courts lack standards to... |
2019 |
Yes |
Wendy A. Bach |
PROSECUTING POVERTY, CRIMINALIZING CARE |
60 William and Mary Law Review 809 (February, 2019) |
In 2013, state legislators sitting at the heart of America's opiate epidemic created the crime of fetal assault. Although they offered a fairly standard series of criminologic rationales to justify the legislation, they also posited that the creation of this crime was a precondition to secure treatment (or care) resources for women addicted to... |
2019 |
Yes |
David Pimentel |
PUNISHING FAMILIES FOR BEING POOR: HOW CHILD PROTECTION INTERVENTIONS THREATEN THE RIGHT TO PARENT WHILE IMPOVERISHED |
71 Oklahoma Law Review 885 (Spring, 2019) |
C1-2Table of Contents Introduction. 886 I. Child Protection Is an Important State Interest. 890 II. Parens Patriae v. the Compelling Interest in Family Autonomy and Integrity. 891 III. Erring on the Side of Safety (i.e., Intervention). 892 IV. Legal Standards. 895 A. Vague Standards. 895 B. Legal Standards That Conflate Poverty and Neglect. 895... |
2019 |
Yes |
Rachael T. Aminu |
REDEFINING BEST INTEREST OF THE CHILD: THE CRUSHING IMPACT OF CHILD SUPPORT DEBTS ON LOW-INCOME FAMILIES IN THE MINORITY COMMUNITIES |
43 Thurgood Marshall Law Review 561 (Spring, 2019) |
This article reviews the impact and negative effect of the child support law and guidelines in accordance with the Texas Family Code on the low-income families, especially African American men, and the direct link between low college completion rate and the high incarceration of African Americans for child support debts. As of April 2017, 5.5... |
2019 |
|
Jon Huske Davies |
SCHOOL CHOICES IN THE SUNFLOWER STATE: THE KANSAS TAX CREDIT SCHOLARSHIP FOR LOW-INCOME STUDENTS PROGRAM |
28-SPG Kansas Journal of Law & Public Policy 197 (Spring, 2019) |
In many of the nation's--and Kansas'--metropolitan areas, schools are unequal in terms of resources and student outcomes. Throughout the country's metropolitan areas, including those in Kansas City, Topeka, and Wichita, suburban school districts tend to be better resourced and student success rates excel compared to urban school districts. These... |
2019 |
|
Neveen Hammad |
SHACKLED TO ECONOMIC APPEAL: HOW PRISON LABOR FACILITATES MODERN SLAVERY WHILE PERPETUATING POVERTY IN BLACK COMMUNITIES |
26 Virginia Journal of Social Policy and the Law 65 (Summer, 2019) |
Introduction. 66 I. The Black Codes. 67 II. Convict Leasing. 68 III. Chain Gangs. 70 IV. Mass Incarceration. 71 V. Modern Prison Labor. 76 VI. The Prison-Industrial Complex. 78 VII. Arguments Surrounding Prison Labor. 81 A. Building Work Skills but Nowhere to Work: California's Inmate-Firefighters. 82 B. Poor Workplace Conditions: The Poultry... |
2019 |
Yes |
W. Edward Afield |
SOCIAL JUSTICE AND THE LOW-INCOME TAXPAYER |
64 Villanova Law Review 347 (2019) |
TAX justice is social justice. To those regularly working to resolve tax controversies for low-income taxpayers and who are often dealing with the financial implications of life and death issues like human trafficking, the ability to afford medical care, and the risks of financial despair leading to suicide, this is an uncontroversial statement. To... |
2019 |
|
Nicky Rousseau, University of the Western Cape |
SPEAK OUT ON POVERTY: HEARING, INAUDIBILITY, AND CITIZENSHIP IN POST-APARTHEID SOUTH AFRICA |
42 PoLAR: Political and Legal Anthropology Review 210 (November, 2019) |
In 1998, Speak Out on Poverty held hearings across South Africa shortly after the Truth and Reconciliation Commission (TRC) completed eighteen months of highly publicized, nationwide hearings at which victims testified. Speak Out challenged the TRC's focus on overt political violations, seen to occlude forms of structural violence central to... |
2019 |
Yes |
Gerald S. Dickinson |
STATE CONSTITUTIONAL GENERAL WELFARE DOCTRINE |
40 Cardozo Law Review 2943 (August, 2019) |
It is black-letter law that the U.S. Supreme Court's takings doctrine presupposes exercises of eminent domain are in pursuit of valid public uses that require just compensation. But, neither federal doctrine nor the text of the Takings Clause offers any additional constraints. The story of the Supreme Court's takings jurisprudence is, in other... |
2019 |
Yes |
Anjaleck Flowers |
THE IMPLIED PROMISE OF A GUARANTEED EDUCATION IN THE UNITED STATES AND HOW THE FAILURE TO DELIVER IT EQUITABLY PERPETUATES GENERATIONAL POVERTY |
45 Mitchell Hamline Law Review 1 (2019) |
I. Introduction. 2 II. History of the Implied Guarantee of Free Education Under the Law. 4 A. Compulsory State Education Laws. 5 B. Plyer v. Doe. 7 C. Anti-Discrimination Education Laws and Equity Standards. 8 D. Minnesota's Compulsory Education Laws. 12 1. Minnesota's Constitutional Provisions Addressing Compulsory Education. 12 2. Cruz-Guzman v.... |
2019 |
Yes |
Anthony V. Alfieri |
THE POVERTY OF CLINICAL CANONIC TEXTS |
26 Clinical Law Review 53 (Fall, 2019) |
This essay revisits the foundational vision--the deep stock story--of poverty and the poor in clinical legal education against the backdrop of the new sociology of poverty. Long imparted by clinical faculty and invoked by student advocates in defense of the indigent, that stock story adverts to mainstream social science descriptions of... |
2019 |
Yes |
Brandon L. Greene |
TOO RICH TO BE POOR: THE HYPOCRISY OF INDIGENCY DETERMINATIONS |
24 Berkeley Journal of Criminal Law 1 (Fall, 2019) |
How we decide who is indigent has severe consequences for historically marginalized and underserved populations. Yet many of the rubrics for determining indigency and eligibility for services have been put into place without enough deep inquiry into how to best serve the populace in light of the diverse factors impacting their lives. In this way,... |
2019 |
Yes |
Anna Kerregan |
WELFARE REFORM & THE DEVALUATION OF WOMEN'S WORK |
12 DePaul Journal for Social Justice 1 (Summer, 2019) |
Women do not get a fair share when it comes to an economic assessment of their input. They are consistently overrepresented in impoverished communities and are much more likely than men to receive public assistance. This Article therefore posits a widely acknowledged anti-poverty strategy, Guaranteed Basic Income, to help support women's... |
2019 |
Yes |
Alix Bruce |
WHEN YOUR COLONIZERS ARE HYPOCRITES: FEDERAL POVERTY "SOLUTIONS" AND INDIGENOUS SURVIVAL OF SEX TRAFFICKING IN INDIAN COUNTRY |
76 National Lawyers Guild Review 140 (Fall/Winter, 2019) |
In the last four years, there has been a veritable explosion of media attention on the problem of human trafficking in Indian country. The rate of missing and murdered Indigenous women in the United States has always been high, but with more attention being paid to it not only by mainstream media outlets but by both the federal government and the... |
2019 |
Yes |
Dayna Bowen Matthew |
"LESSONS FROM THE OTHER AMERICA" TURNING A PUBLIC HEALTH LENS ON FIGHTING RACISM AND POVERTY |
49 University of Memphis Law Review 229 (Fall, 2018) |
I. Introduction. 230 II. The Other America. 233 A. Lesson #1: The Fundamental Problem of Racism in America Will Not Be Solved By Addressing Poverty Alone. 234 B. Lesson #2: Public Health Provides a Comprehensive Framework for Addressing Persistent Consequences of Racism and Poverty. 239 1. Public Health Analysis of Residential Segregation. 240 i.... |
2018 |
Yes |
Danielle Keats Citron |
A POOR MOTHER'S RIGHT TO PRIVACY: A REVIEW |
98 Boston University Law Review 1139 (September, 2018) |
Introduction. 1140 I. Privacy Rights and Poor Mothers. 1143 A. Dispossession. 1144 B. Due Process Turn. 1148 II. A New Privacy. 1152 A. The Scholarship of Charles Reich. 1152 B. Due Process Rights for the Poor. 1155 C. Beyond the Constitution. 1157 III. Law, Context, and Reciprocity. 1161 A. Technologies of Perfect Surveillance. 1161 B.... |
2018 |
Yes |
Jessica Eisen |
BEYOND RIGHTS AND WELFARE: DEMOCRACY, DIALOGUE, AND THE ANIMAL WELFARE ACT |
51 University of Michigan Journal of Law Reform 469 (Spring, 2018) |
The primary frameworks through which scholars have conceptualized legal protections for animals--animal rights and animal welfare--do not account for socio-legal transformation or democratic dialogue as central dynamics of animal law. The animal rights approach focuses on the need for limits or boundaries preventing animal use, while the... |
2018 |
Yes |
Cortney E. Lollar |
CRIMINALIZING (POOR) FATHERHOOD |
70 Alabama Law Review 125 (2018) |
Introduction. 126 I. A Fundamentally Flawed Child Support System. 132 A. The Structure of the Child Support System. 133 B. Debunking the Myth of the Deadbeat Dad. 139 II. Failure to Pay Child Support is the New Debtors' Prison. 142 A. An Exception to the Legal Prohibition Against Debtors' Prisons?. 145 B. Criminal Prosecution as a Sanction for... |
2018 |
Yes |
Jill C. Engle |
IMPROVING OUTCOMES IN CHILD POVERTY AND WELLNESS IN APPALACHIA IN THE "NEW NORMAL" ERA: INFUSING EMPATHY INTO LAW |
120 West Virginia Law Review 1047 (Spring, 2018) |
I. Introduction. 1047 II. Appalachia: A Paradox of Poverty and Declining Health. 1049 A. Child Poverty and Poor Health in Appalachia. 1050 B. Child Poverty in the U.S.: A Paradox of Deprivation Within Wealth. 1052 C. Public Health and Poverty Reduction: Wellness and the Role of Empathy. 1054 III. ACA Efforts and Impact. 1056 A. The ACA: A Federal... |
2018 |
Yes |
Tal D. Eisenzweig |
IN THE SHADOW OF CHILD PROTECTIVE SERVICES: NONCITIZEN PARENTS AND THE CHILD-WELFARE SYSTEM |
128 Yale Law Journal Forum 482 (November 21, 2018) |
This Essay argues that the noncitizen parent exists between two often-conflicting legal identities: that of an immigrant and that of a parent. In immigration law, the noncitizen parent is viewed as immigrant first. By contrast, the family law system privileges the parent-child relationship and the best interest of the child. Yet because... |
2018 |
Yes |
Madeline Curtis |
INCONCEIVABLE: HOW BARRIERS TO INFERTILITY TREATMENT FOR LOW-INCOME WOMEN AMOUNT TO REPRODUCTIVE OPPRESSION |
25 Georgetown Journal on Poverty Law and Policy 323 (Winter, 2018) |
I. Introduction. 324 II. The Landscape of Infertility. 325 A. The Types of Fertility Treatments. 325 B. Costs of Fertility Treatments and Current Insurance Coverage. 327 III. Low-Income Women and the Cumulative Effect. 329 A. Underlying Medical Conditions. 330 B. Environmental Factors. 331 C. Lack of Access to Health Care. 333 IV. Barriers to... |
2018 |
|
Katie R. Billings, Department of Sociology, University of Massachusetts Amherst |
NAVIGATING CONFLICT: HOW YOUTH HANDLE TROUBLE IN A HIGH-POVERTY SCHOOL. BY CALVIN MORRILL AND MICHAEL MUSHENO. CHICAGO: THE UNIVERSITY OF CHICAGO PRESS, 2018 |
52 Law and Society Review 551 (June, 2018) |
Morrill and Musheno take readers into a multiethnic and multiracial, high-poverty school in the U.S. Southwest to demonstrate how youth handle peer trouble, which they define as interpersonal and institutional conflict. Using 16 years of ethnographic fieldwork, Morrill and Musheno investigate the social structures at New West High School (NWHS)... |
2018 |
Yes |
Daniel Behn , Tarald Laudal Berge , Malcolm Langford |
POOR STATES OR POOR GOVERNANCE? EXPLAINING OUTCOMES IN INVESTMENT TREATY ARBITRATION |
38 Northwestern Journal of International Law and Business 333 (Spring, 2018) |
Is investment treaty arbitration (ITA) tarnished by a bias against developing states? The international investment regime relies heavily on arbitration for the enforcement of its substantive rules but critique has risen as the number of foreign investor claims have stacked up in recent years. Current empirical research is ambiguous in its... |
2018 |
Yes |
Eric Grossfeld |
POVERTY OF THE MIND: EAST RAMAPO'S EDUCATIONAL EMERGENCY |
11 Albany Government Law Review 425 (2017-2018) |
Education . beyond all other devices of human origin, is a great equalizer of the conditions of men,--[sic] the balance wheel of the social machinery. - Horace Mann Education has been an integral part of both an individual's self-realization and the human fabric since the dawn of time. It is a linchpin of self-determination and social... |
2018 |
Yes |
Sonya C. Bishop |
POVERTY, MENTAL HEALTH, AND TECHNOLOGY: USING MEDICAID ยง 1315A INNOVATION GRANTS TO TEST OUT OWN-TIME TELEMENTAL HEALTH TECHNOLOGY |
90 Temple Law Review 467 (Spring, 2018) |
I never thought of myself as depressed so much as paralyzed by hope. - Maria Bamford The behavioral health crisis looms, but popular culture teaches us that technology can heal all woes. Americans retain unfettered access to technologies that solve nonexistent problems. Terrified by the possibility of out-of-focus photos of your gerbil? Fear no... |
2018 |
Yes |
Xochitl Rodriguez |
POVERTY'S POISON: CONTAMINATED DRINKING WATER, ITS EFFECT ON IMPOVERISHED YOUTH AND MEDICAID'S ROLE |
28 Annals of Health Law Advance Directive 235 (Fall, 2018) |
Environmental racism is structural violence promulgated by the exploitation of those without resources by those in economic and political power. The United States' legacy of racism and discrimination promotes inequalities by ensuring that minority and economically destitute populations remain stereotyped and locked in poverty. These stereotypes... |
2018 |
Yes |
Michele Goodwin, Erwin Chemerinsky |
PREGNANCY, POVERTY, AND THE STATE THE POVERTY OF PRIVACY RIGHTS BY KHIARA M. BRIDGES STANFORD UNIVERSITY PRESS, 2017 |
127 Yale Law Journal 1270 (March, 2018) |
INTRODUCTION 1272 I. RACE, CLASS, AND THE LOSS OF FAMILY AND REPRODUCTIVE PRIVACY 1281 A. Depriving Poor Mothers of Privacy Rights 1284 B. The Value of Privacy Rights 1293 C. The State as a Negative Messenger Against the Poor 1298 II. THE LEGALIZATION OF THE MORAL DISREGARD FOR WOMEN'S REPRODUCTIVE HEALTH AND RIGHTS 1305 A. Moral Corruption Against... |
2018 |
Yes |
Matt J. Barnett |
QUEERING THE WELFARE STATE: PARADIGMATIC HETERONORMATIVITY AFTER OBERGEFELL |
93 New York University Law Review 1633 (December, 2018) |
Although lesbian, gay, bisexual, and queer people in the United States of America have experienced significant changes in their legal rights over the previous decade, they are still disproportionately likely to live in poverty. The Supreme Court's 2015 decision in Obergefell v. Hodges granted LGBQ individuals access to the institution of marriage... |
2018 |
Yes |
Clanitra Stewart Nejdl |
RACE, POVERTY, AND BAIL: AN ANNOTATED BIBLIOGRAPHY |
38 Northern Illinois University Law Review 487 (Summer, 2018) |
I. Introduction. 487 II. Annotations. 488 |
2018 |
Yes |
Patrick Thronson |
THE ALARMING INCREASE IN MATERNAL MORTALITY IN THE UNITED STATES AND ITS DISPROPORTIONATE IMPACT ON PEOPLE OF COLOR AND PEOPLE LIVING IN POVERTY |
2018-FALL Trial Reporter (Maryland) 8 (Fall, 2018) |
The United States is experiencing an alarming increase in maternal mortality, which disproportionately affects members of racial minority groups and people living in poverty. Greater knowledge of this phenomenon can help practitioners to contextualize their clients' experiences and empower juries to reach verdicts that motivate crucial improvements... |
2018 |
Yes |
Neda Saghafi |
THE AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN: USING A HUMAN RIGHTS FRAMEWORK TO DECONSTRUCT SYSTEMIC POLICE MISCONDUCT AGAINST LOW-INCOME WOMEN OF COLOR |
10 Northeastern University Law Review 502 (Summer, 2018) |
The history of hierarchical identities has become enmeshed in U.S. policing. Given the multiple forms of discrimination that arise from intersecting identities, low-income women of color are at high risk of police misconduct. The existence of violent, hegemonic masculinity in police culture, in conjunction with problematic policing policies, such... |
2018 |
|
Andrew Hammond |
THE IMMIGRATION-WELFARE NEXUS IN A NEW ERA? |
22 Lewis & Clark Law Review 501 (2018) |
The Trump Administration's immigration policy is one of the most hotly contested areas of American law. However, few have explored the Administration's interest in using the obscure doctrine of public charge to further its agenda. Public charge determinations allow immigration authorities to prevent individuals from entering the country as well as... |
2018 |
Yes |
Dorothy E. Roberts |
THE MOST SHOCKING AND INHUMAN INEQUALITY: THINKING STRUCTURALLY ABOUT POVERTY, RACISM, AND HEALTH INEQUITIES |
49 University of Memphis Law Review 167 (Fall, 2018) |
I. Introduction. 167 II. Social Inequality and the Structure of Health Disparities. 170 III. How Poverty and Racism Intersect to Produce Health Injustice. 175 IV. Health Disparities and Biological v. Structural Explanations of Inequality. 178 V. Conclusion. 181 |
2018 |
Yes |
Susannah Camic Tahk |
THE NEW WELFARE RIGHTS |
83 Brooklyn Law Review 875 (Spring, 2018) |
Participating in the tax system gives rise to rights. These rights range from a fundamental property right in a tax refund to the robust taxpayer rights found in statutes. In the past three decades, Congress and the IRS have continued to protect, strengthen and build on these rights. Several foundational ideas underlie all the taxpayer rights and... |
2018 |
Yes |
Jake R. Miller |
WEEDING OUT SOCIAL WELFARE ORGANIZATIONS AND THE PUBLIC POLICY DOCTRINE |
10 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 219 (2017-2018) |
Twenty-nine states and the District of Columbia have legalized some form of marijuana use and trade. This, however, has received federal push back. The Internal Revenue Service (IRS), for example, prohibits marijuana businesses from taking trade or business deductions in connection with the sale of marijuana. This, of course, is an exception to the... |
2018 |
Yes |
Richard M. Re |
"EQUAL RIGHT TO THE POOR" |
84 University of Chicago Law Review 1149 (Summer, 2017) |
By law, federal judges must swear or affirm that they will do equal right to the poor and to the rich. This frequently overlooked oath, which I call the equal right principle, has historical roots dating back to the Bible and entered US law in a statute passed by the First Congress. Today, the equal right principle is often understood to... |
2017 |
Yes |
Jill E. Adams, Melissa Mikesell |
AND DAMNED IF THEY DON'T: PROTOTYPE THEORIES TO END PUNITIVE POLICIES AGAINST PREGNANT PEOPLE LIVING IN POVERTY |
18 Georgetown Journal of Gender and the Law 283 (Symposium, 2017) |
Introduction. 284 I. Damned If They Do and Damned If They Don't: How the Poor get Punished for Reproductive Decisions. 286 A. Cash Aid Recipients Who Bear Children. 287 B. Medicaid Patients Who Need Abortions. 289 C. People Who End Their Own Pregnancies. 292 II. The New Paradigm to Expand Access, Options, and Resources for Pregnant People Living in... |
2017 |
Yes |