AuthorTitleCitationSummaryYearRelevancy
Thomas Ross THE RHETORIC OF POVERTY: THEIR IMMORALITY, OUR HELPLESSNESS 79 Georgetown Law Journal 1499 (June, 1991) Poor people are different from us. Most of them are morally weak and undeserving. And, in any event, we are helpless to solve the complex and daunting problem of poverty. This is the rhetoric of poverty. The United States Supreme Court has addressed the constitutional claims of poor people in a range of contemporary cases. The rhetoric of poverty... 1991 Relevant (Poverty)
Jeffrey S. Lehman TO CONCEPTUALIZE, TO CRITICIZE, TO DEFEND, TO IMPROVE: UNDERSTANDING AMERICA'S WELFARE STATE 101 Yale Law Journal 685 (December, 1991) America's welfare state is a foreign notion. A European visitor might use it in casual speech, hoping that an idea that fits so comfortably throughout the rest of the industrialized world would find a cognate here. Yet if she were to do so on Main Street, or in Peoria, or anywhere else that real Americans are reputed to loiter, she would evoke... 1991 Relevant (Poverty)
Joel F. Handler "CONSTRUCTING THE POLITICAL SPECTACLE": THE INTERPRETATION OF ENTITLEMENTS, LEGALIZATION, AND OBLIGATIONS IN SOCIAL WELFARE HISTORY 56 Brooklyn Law Review 899 (Fall, 1990) In The New Property, Charles Reich called for a re-construction of the relationship between citizens and government. After pointing out the increased dependency of citizens on their relationships to government, he argued that these relationships should be considered legal entitlements. This conceptualization, which he called the New Property, would... 1990 Relevant (Poverty)
Amy E. Hirsch INCOME DEEMING IN THE AFDC PROGRAM: USING DUAL TRACK FAMILY LAW TO MAKE POOR WOMEN POORER 16 New York University Review of Law and Social Change 713 (1988-89) I. Deeming of Income in the AFDC Program A. Stepparent Deeming B. Grandparent Deeming C. Sibling Deeming II. The Caretaker Option A. Who Used the Caretaker Option B. Child Support C. The Decision-Making Process III. Effects of the Sibling Deeming Amendment A. Loss of Income, Increased Harassment B. Loss of Control, Increased Confusion C. Narrowing... 1989 Most Relevant
Julius Menacker, Ed.D. POVERTY AS A SUSPECT CLASS IN PUBLIC EDUCATION EQUAL PROTECTION SUITS 54 West's Education Law Reporter 1085 (1989) Family poverty constitutes a suspect class' suffering from invidious state discrimination in public education, offending the United States Constitution's equal protection clause. This issue emerges from cases challenging the traditional system of school finance, which allows wide disparities in the level of per-pupil expenditures among school... 1989 Relevant (Poverty)
Johanna Brenner TOWARDS A FEMINIST PERSPECTIVE ON WELFARE REFORM 2 Yale Journal of Law & Feminism 99 (Fall, 1989) Provisions for the poor have always been a contentious political issue in the U.S. For good reason. Welfare policy engages conflicting economic interests, clashing worldviews, competing social needs. Critical analyses of social welfare practice have centered on the ways that policies function to regulate the labor market and to preserve social... 1989 Relevant (Poverty)
Edited by William L. Sollee, J.D., Peter M. Kelly HOW WILL THE WELFARE BENEFIT PLAN NONDISCRIMINATION RULES APPLY? 69 Journal of Taxation 76 (August, 1988) The extraordinarily stringent rules of Section 89 will undoubtedly force many employers to consolidate their plans and administer them uniformly. Section 89 imposes non-discrimination standards which must be met by medical, health, life and certain other welfare benefit plans. They consist of (1) general standards designed to insure that most... 1988 Relevant (Poverty)
Anthony V. Alfieri THE ANTINOMIES OF POVERTY LAW AND A THEORY OF DIALOGIC EMPOWERMENT 16 New York University Review of Law and Social Change 659 (1987/1988) The Tenement Act of 1869 was merciful, well-meant, and fine in its enforcement tore 47,000 windows out of hellhole shelter of no light. It must be hard to make a window. Introduction I. Critical Consciousness II. Hegemony and Tradition. A. Dominant Traditions 1. Direct Service 2. Law Reform B. Alternative Traditions and Oppositional Continuities C.... 1988 Relevant (Poverty)
  FEE SIMPLE: A PROPOSAL TO ADOPT A TWO-WAY FEE SHIFT FOR LOW-INCOME LITIGANTS 101 Harvard Law Review 1231 (April, 1988) Others say, Law is our Fate; Others say, Law is our State; Others say, others say Law is no more Law has gone away. Because of increasing attorneys' fees, many people in the United States are unable to vindicate their legal rights through the judicial system. In its traditional formulation, the American rule requires that each side in a lawsuit... 1988  
Edited by William L. Sollee, J.D., William L. Sollee ANALYZING THE NEW TEMPORARY REGULATIONS FOR WELFARE BENEFIT PLANS 64 Journal of Taxation 258 (May, 1986) The new Temporary Regulations implementing changes brought about by the DRA significantly affect employer deductions to welfare benefit plans. Mr. Sollee examines these rules, including economic performance, the definition of a welfare benefit fund, qualified costs, etc. UNDER THE LAW in existence before the Deficit Reduction Act of 1984 (the... 1986 Relevant (Poverty)
William H. Simon RIGHTS AND REDISTRIBUTION IN THE WELFARE SYSTEM 38 Stanford Law Review 1431 (July, 1986) I. PRIVATE LAW WELFARE JURISPRUDENCE 1433 A. Classical Legalism 1433 B. The Progressive Critique 1435 C. Welfare Rights After the Progressive Critique 1436 D. The Insurance State 1441 II. THE NEW CONTRACT 1445 A. Ambiguities of Redistribution 1445 B. Contributions and Benefits 1448 1. 1933-1939: The Repression of Redistribution 1448 2. 1939-1977:... 1986 Relevant (Poverty)
William H. Clune UNREASONABLENESS AND ALIENATION IN THE CONTINUING RELATIONSHIPS OF WELFARE STATE BUREAUCRACY: FROM REGULATORY COMPLEXITY TO ECONOMIC DEMOCRACY 1985 Wisconsin Law Review 707 (1985) Professor Clune critiques the premise that deregulation and the adoption of informal negotiation will be economically beneficial to all groups in society. First, Professor Clune examines and rejects piecemeal deregulation, concluding that competing special interests merely adopt a hodge-podge of inefficient regulatory and welfare programs.... 1985 Most Relevant
Steve Dobkin, , Geoffrey Smith, , Earle Tockman ZONING FOR THE GENERAL WELFARE: A CONSTITUTIONAL WEAPON FOR LOWER-INCOME TENANTS 13 New York University Review of Law and Social Change 911 (1984/1985) In 1981, the Board of Estimate of the City of New York approved amendments to the City's zoning resolution that created a Special Manhattan Bridge District (SMBD) to facilitate the development of new residential housing on the few remaining vacant lots in Chinatown. The construction of two high-rise luxury condominiums within the teeming District... 1985 Relevant (Poverty)
Carol Ann Siciliano IN AID OF THE WORKING POOR: THE PROPER TREATMENT OF PAYROLL TAXES IN CALCULATING BENEFITS UNDER THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM 52 Fordham Law Review 1171 (May, 1984) Aid to Families with Dependent Children (AFDC) was enacted by Congress in 1935 as an anti-poverty entitlement program designed to provide minimum subsistence to impoverished children and their adult caretakers. For many years AFDC has also provided substantial assistance to working families on the brink of self-sufficiency. For these families,... 1984 Relevant (Poverty)
Stephen E. Ronfeldt IMPLYING RIGHTS OF ACTION FOR MINORITIES AND THE POOR THROUGH PRESUMPTIONS OF LEGISLATIVE INTENT 34 Hastings Law Journal 969 (May/July, 1983) As courts of limited jurisdiction, federal courts may not exercise judicial powers in the absence of either an express or implied cause of action. In cases in which Congress did not provide an express cause of action when creating statutory rights, federal courts must imply private rights of action if plaintiffs are to obtain judicial relief for... 1983 Relevant (Poverty)
  IRS DENIALS OF CHARITABLE STATUS: A SOCIAL WELFARE ORGANIZATION PROBLEM 82 Michigan Law Review 508 (December, 1983) Both charitable and social welfare organizations are exempt from federal income taxation. Subsection 501(c)(3) of the Internal Revenue Code (Code) exempts enterprises organized and operated exclusively for charitable purposes, and subsection 501(c)(4) exempts enterprises operated for the promotion of social welfare. While a group may qualify both... 1983 Relevant (Poverty)
Sylvia A. Law WOMEN, WORK, WELFARE, AND THE PRESERVATION OF PATRIARCHY 131 University of Pennsylvania Law Review 1249 (May, 1983) Historically, women have been regarded as unemployable, both because they have been considered physically and morally unsuited for wagework and because law and custom limited their ability to do wage labor by demanding that they do the work of homemaking and of caring for the young and the old. Today, however, most women are in the wage labor... 1983 Relevant (Poverty)
Susan Frelich Appleton BEYOND THE LIMITS OF REPRODUCTIVE CHOICE: THE CONTRIBUTIONS OF THE ABORTION-FUNDING CASES TO FUNDAMENTAL-RIGHTS ANALYSIS AND TO THE WELFARE-RIGHTS THESIS 81 Columbia Law Review 721 (May, 1981) The Supreme Court held in Harris v. McRae and Williams v. Zbaraz that the Constitution compels neither the federal government nor the states to finance medically necessary abortions for indigents. Many viewed these decisions as substantial and alarming encroachments upon a woman's freedom to terminate her pregnancy, a right that the Court had first... 1981 Relevant (Poverty)
Walter Nicholson WELFARE REFORM AND THE NEGATIVE INCOME TAX 32 Stanford Law Review 453 (January, 1980) Welfare reform, as Martin Anderson points out in the introduction to his provocative book, has been a major political issue in the United States since the mid-1960s. Every presidential candidate has been expected to take a position on it and, once elected, to come forward with detailed legislative proposals. Despite this apparent public mandate for... 1980 Relevant (Poverty)
Thomas C. Grey PROPERTY AND NEED: THE WELFARE STATE AND THEORIES OF DISTRIBUTIVE JUSTICE 28 Stanford Law Review 877 (May, 1976) Perhaps the most fundamental of all public issues are those concerning the proper distribution of wealth and income. Risking oversimplification, let me suggest that the standard positions taken in the unending debate over these issues can usefully be classified as either egalitarian or libertarian. Egalitarians hold that economic assets should be... 1976 Relevant (Poverty)
Frank I. Michelman IN PURSUIT OF CONSTITUTIONAL WELFARE RIGHTS: ONE VIEW OF RAWLS' THEORY OF JUSTICE 121 University of Pennsylvania Law Review 962 (May, 1973) A Theory of Justice is a remarkable book. It is learned and ambitious, deep (though multileveled), subtle (though lucid), rich and complex. It has been received with favor and fanfare by distinguished philosophical critics. Its topic can hardly be disdained by devotees of the law. Some books are like cathedrals. Depth, subtlety, richness and... 1973 Relevant (Poverty)
David C. Baldus WELFARE AS A LOAN: AN EMPIRICAL STUDY OF THE RECOVERY OF PUBLIC ASSISTANCE PAYMENTS IN THE UNITED STATES 25 Stanford Law Review 123 (January, 1973) C1-3Contents I. Introduction. 125 A. Summary of Methodology. 129 B. Summary of Findings and Conclusions. 130 1. The recovery process. 130 2. The case for recovery as a social welfare policy. 131 3. The case against recovery as a social welfare policy. 132 4. Budgetary savings from recovery. 133 5. Conditions influencing the trend of recovery... 1973 Relevant (Poverty)
  ADMINISTRATIVE LAW--URBAN RENEWAL--HUD HAS AFFIRMATIVE DUTY TO CONSIDER LOW INCOME HOUSING'S IMPACT UPON RACIAL CONCENTRATION 85 Harvard Law Review 870 (February, 1972) In 1958 the United States Department of Housing and Urban Development (HUD) approved an urban renewal plan for the East Poplar area of North Philadelphia under which a portion of the area would be redeveloped primarily with single family owner-occupied homes. By 1966 this original concept had been frustrated for various reasons, and HUD informally... 1972 Most Relevant
  1. REQUIRED REFERENDUM FOR LOW-INCOME HOUSING 85 Harvard Law Review 122 (November, 1971) For many years the California constitution has authorized referendum repeal of local ordinances upon petition of ten percent of the electorate in any relevant subdivision. Apart from these voterinitiated referenda, Article 34 of the state constitution requires a referendum in any self-governing subdivision to approve development of federally... 1971  
Stephen Wizner, William Resnick, Mobilization for Youth Legal Services, Inc., New York City, Director, State of New Jersey Office of Juvenile Justice CASES AND MATERIALS ON LAW AND POVERTY 70 Columbia Law Review 1305 (November, 1970) The emergence of poverty as a social issue has exposed the parochialism of legal education and the emphasis in law school training on the interests of the holders of private wealth. There has been a resulting demand for the incorporation of the issues embraced by law and poverty into the curriculum. But how is this to be achieved? How are these... 1970 Relevant (Poverty)
James G. Carr CASES AND MATERIALS ON LAW AND POVERTY. EDITED BY PAUL M. DODYK (GENERAL EDITOR), MICHAEL I. SOVERN, CURTIS J. BERGER, WILLIAM F. YOUNG, JR., AND MONRAD G. PAULSEN. ST. PAUL: WEST PUBLISHING CO. 1969. PP. XXIV, 1234. $15.00 84 Harvard Law Review 262 (November, 1970) Usually at the suggestion, request or demand of their students, many law schools have instituted courses which examine the legal problems of the poor. Yet, no one-volume text was available until the recent publication of Cases and Materials on Law and Poverty, the result of joint efforts by five editors. The final product is both exciting and... 1970 Relevant (Poverty)
Forrest A. Broman POVERTY AND MENTAL RETARDATION: A CAUSAL RELATIONSHIP. BY ROGER L. HURLEY (FOREWORD BY SENATOR EDWARD M. KENNEDY ). NEW YORK: RANDOM HOUSE. 1970. PP. XII, 301. $7.95 83 Harvard Law Review 1764 (May, 1970) A major reason for the perpetuation of poverty in America is a widely held belief in the inherent inferiority of the poor. Conceived in ignorance and nurtured by racial and ethnic prejudice, this belief persists in spite of the contrary findings of social and scientific research. The attitude of Americans toward mental retardation reflects a... 1970 Relevant (Poverty)
Frank I. Michelman FOREWORD: ON PROTECTING THE POOR THROUGH THE FOURTEENTH AMENDMENT 83 Harvard Law Review 7 (November, 1969) IN the end, no doubt, a victorious War on Poverty will have somehow attacked and conquered relative deprivation. In the end, we may believe, the real problem will be found lurking in people's responses to the disparity between the low access of the poor to resources and the observable large control over resources of the elite, or in the poor's... 1969 Relevant (Poverty)
Lawrence M. Friedman SOCIAL WELFARE LEGISLATION: AN INTRODUCTION 21 Stanford Law Review 217 (January, 1969) The declaration of war against poverty was a major event of the 1960's. The federal government loudly and publicly announced its intent to end poverty and discrimination, and to equalize opportunity for white and black, rich and poor, in the United States. This public effort--and the forces that underlay it--has stimulated scholars in many fields... 1969 Relevant (Poverty)
Joel F. Handler , Ellen Jane Hollingsworth STIGMA, PRIVACY, AND OTHER ATTITUDES OF WELFARE RECIPIENTS 22 Stanford Law Review 1 (November, 1969) It has always been assumed that stigma has important consequences for welfare policy. In the 19th century, official policy was deliberately designed to create a sense of shame and moral inferiority on the part of those who sought relief rather than work. This policy was defended both by those sympathetic to the poor and by those who wanted to save... 1969 Relevant (Poverty)
Beatrice A. Moulton THE PERSECUTION AND INTIMIDATION OF THE LOW-INCOME LITIGANT AS PERFORMED BY THE SMALL CLAIMS COURT IN CALIFORNIA 21 Stanford Law Review 1657 (June, 1969) A recent handbook for California judges on the conduct of small claims court concludes with this sober admonition in the words of Chief Justice Charles Evans Hughes: The Supreme Court of the United States and the Courts of Appeal will take care of themselves. Look after the courts of the poor, who stand most in need of justice. The security of the... 1969  
Joel F. Handler THE ROLE OF LEGAL RESEARCH AND LEGAL EDUCATION IN SOCIAL WELFARE 20 Stanford Law Review 669 (April, 1968) The growing attack on the problems of poverty and racial inequality presents to the legal profession a significant opportunity. The practicing bar, by and large, is responding to the challenge. Legal services for the poor and for civil rights programs have come from the American Bar Association, law students, practicing attorneys, and the Office of... 1968 Relevant (Poverty)
  FEDERAL JUDICIAL REVIEW OF STATE WELFARE PRACTICES 67 Columbia Law Review 84 (January, 1967) No group is more dependent upon public largesse than the recipients of welfare payments. Indeed, the everyday actions of the governmental bureaucracy are, for them, virtual conditions of survival. Despite the preeminent role which administrative decisions play in the lives of these individuals, their interests have not, until recently, been given... 1967 Most Relevant
  DISCRIMINATIONS AGAINST THE POOR AND THE FOURTEENTH AMENDMENT 81 Harvard Law Review 435 (December, 1967) The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in streets, and to steal bread. No longer can the mere state of being without funds be characterized as constitutionally an irrelevance. A growing body of law under the due process and equal protection clauses has come to treat the unequal... 1967 Relevant (Poverty)
Alexander W. Bell, G. Todd Norvell TEXAS WELFARE APPEALS: THE HIDDEN RIGHT 46 Texas Law Review 223 (December, 1967) Nothing could be more irrational than to give power and not give the knowledge without which there is the greatest risk that power will be abused. In 1966 the Texas Welfare Department disbursed approximately 235 million dollars to needy old people, children, the disabled, and blind persons under the four categorical assistance programs: Old Age... 1967 Relevant (Poverty)
Harold W. Solomon "THIS NEW FETISH FOR INDIGENCY": JUSTICE AND POVERTY IN AN AFFLUENT SOCIETY 66 Columbia Law Review 248 (February, 1966) With this new fetish for indigency the Court piles an intolerable burden on the State's judicial machinery. Clark, J., dissenting in Douglas v. California, 372 U.S. 353, 359 (1963). Infliction of gratuitous hardship on the impoverished accused has long been an ugly reality of the administration of criminal justice, and has aggravated what is... 1966 Relevant (Poverty)
  PARTICIPATION OF THE POOR: SECTION 202(A)(3) ORGANIZATIONS UNDER THE ECONOMIC OPPORTUNITY ACT OF 1964 75 Yale Law Journal 599 (March, 1966) Mr. Andrews: Mr. Brooks, do you think in this poverty bill there is a danger of setting up what we call political bossism in the cities? Mr. Brooks: I don't believe it is possible in the city of Chicago because this isn't the way we approach the problem .. I am saying, sir, that the poverty program is being operated under the concept that no... 1966 Relevant (Poverty)
  UNION RETIREMENT AND WELFARE PLANS: EMPLOYER CONTRIBUTIONS AS "WAGES" UNDER SECTION 64a(2) OF THE BANKRUPTCY ACT 66 Yale Law Journal 449 (January, 1957) The most undesirable feature of union retirement and welfare funds is the employee's uncertainty of ever receiving any benefits from his employer's contributions to the fund. Often the worker's expectations are thwarted through his own choice when he voluntarily ceases his employment before being entitled to draw from the fund. Although a few plans... 1957 Relevant (Poverty)
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