Author | Title | Citation | Summary | Year | Relevancy |
Wendy A. Bach |
THE HYPERREGULATORY STATE: WOMEN, RACE, POVERTY, AND SUPPORT |
25 Yale Journal of Law & Feminism 317 (2014) |
Introduction. 318 I. The Failures of Liberal Theory and the Idea of the Supportive State. 320 A. The Autonomous Subject and the Vulnerable Subject. 322 B. Towards a More Responsive State. 326 II. Hyperregulation and Poverty. 329 A. A Bit of Social Welfare History. 330 B. Privacy Deprivation and Criminalization as the Price of Support. 331 C. From... |
2014 |
Most Relevant |
Jaime Bouvier |
WHY URBAN AGRICULTURE CAN BE CONTROVERSIAL: EXPLORING THE CULTURAL ASSOCIATION OF URBAN AGRICULTURE WITH BACKWARDNESS, RACE, GENDER, AND POVERTY |
91 University of Detroit Mercy Law Review 205 (Fall 2014) |
In the past decade, many people, especially young people, are seeking to bring agriculture into cities. They are doing so by increasing connections between nearby farmers and city dwellers and creating farmer's markets. They are also creating community gardens, market gardens, and even urban farms. Additionally, they are gardening and raising... |
2014 |
Most Relevant |
Patience A. Crowder |
(SUB)URBAN POVERTY AND REGIONAL INTEREST CONVERGENCE |
98 Marquette Law Review 763 (Winter, 2014) |
Poverty has expanded from America's urban cores to its inner and outer suburban rings. In the midst of spreading hardship, new opportunities for confronting questions of regional equity are emerging, such as how best to govern our regional spaces for the benefit of all regional constituents, including the poor, middle class, and affluent. To date,... |
2014 |
Relevant (Poverty) |
Vien Truong |
ADDRESSING POVERTY AND POLLUTION: CALIFORNIA'S SB 535 GREENHOUSE GAS REDUCTION FUND |
49 Harvard Civil Rights-Civil Liberties Law Review 493 (Summer 2014) |
Introduction. 493 I. California's Environmental Movement Has Inadequately Addressed the Needs of Disadvantaged Communities. 497 A. Disproportionate Impacts of Climate Change on Disadvantaged Communities. 497 B. Many Environmental Policies and Resources Bypass Low-Income Communities. 499 II. Unresolved Issues in AB 32 Led to Senate Bill 535 (de... |
2014 |
Relevant (Poverty) |
Joan M. Shaughnessy |
AN ESSAY ON POVERTY AND CHILD NEGLECT: NEW INTERVENTIONS |
21 Washington and Lee Journal of Civil Rights and Social Justice 5 (Fall 2014) |
Millions of America's children are suffering in extreme poverty and hundreds of thousands, perhaps millions of those children are also the victims of child neglect. The intertwined problems of child poverty and child neglect have been a concern of policy makers and scholars since the advent of the modern child welfare system. Reliance on... |
2014 |
Relevant (Poverty) |
Zanita E. Fenton |
BASTARDS! . . . . AND THE WELFARE PLANTATION |
17 Journal of Gender, Race and Justice 9 (Winter 2014) |
The legitimacy status of children has been a deterrent for extramarital liaisons, has guaranteed the social reputation of the father, and has facilitated intergenerational transfers of wealth. Historically, illegitimacy status has assisted in gender subordination and control over female sexuality and reproduction; it has made social class standing... |
2014 |
Relevant (Poverty) |
Sheila R. Foster |
BREAKING UP PAYDAY: ANTI-AGGLOMERATION ZONING AND CONSUMER WELFARE |
75 Ohio State Law Journal 57 (2014) |
In the last decade, dozens of local governments have enacted zoning ordinances designed to limit the concentration of payday lenders and other alternative financial services providers (AFSPs), such as check-cashing businesses and auto title loan shops, in their communities. The main impetus for these ordinances is to shield economically vulnerable... |
2014 |
Relevant (Poverty) |
Wouter Vandenhole |
CHILD POVERTY AND CHILDREN'S RIGHTS: AN UNEASY FIT? |
22 Michigan State International Law Review 609 (2014) |
Introduction. 609 I. Children's Rights and Child Poverty. 611 A. A Right to Protection Against Poverty. 612 B. A Children's Rights-Based Approach to Poverty. 615 1. Concept of Poverty. 616 2. Human Rights-Poverty Nexus. 617 3. Children's Rights and Poverty. 619 C. Is Child Poverty a Violation of Children's Rights?. 626 D. Challenges for a... |
2014 |
Relevant (Poverty) |
Ann Cammett |
DEADBEAT DADS & WELFARE QUEENS: HOW METAPHOR SHAPES POVERTY LAW |
34 Boston College Journal of Law & Social Justice 233 (Spring, 2014) |
Since the 1960s, racialized metaphors describing dysfunctional parents have been deployed by conservative policymakers to shape the way that the public views anti-poverty programs. The merging of race and welfare has eroded support for a robust social safety net, despite growing poverty and economic inequality throughout the land. This... |
2014 |
Relevant (Poverty) |
Jason S. Rathod |
EMERGING MARKETS, VANISHING ACCOUNTABILITY: HOW POPULATIONS IN POOR COUNTRIES CAN USE AGGREGATE LITIGATION TO VINDICATE THEIR RIGHTS |
24 Transnational Law & Contemporary Problems 69 (Winter 2014) |
The United States government, multilateral institutions such as the World Bank, and other actors collectively spend billions of dollars annually on international development assistance earmarked as rule of law aid. The professed aim of this aid is principally to lay a legal foundation for a free market economy, attracting large multinational... |
2014 |
Relevant (Poverty) |
Kami Chavis Simmons |
FUTURE OF THE FOURTH AMENDMENT: THE PROBLEM WITH PRIVACY, POVERTY AND POLICING |
14 University of Maryland Law Journal of Race, Religion, Gender and Class 240 (Fall 2014) |
For decades, the reasonable expectation of privacy has been the primary standard by which courts have determined whether a search has occurred within the meaning of the Fourth Amendment. The Supreme Court's recent decision in U.S. v. Jones, however, has reinvigorated the physical trespass doctrine's importance when determining whether there has... |
2014 |
Relevant (Poverty) |
Michael Phillips, Collin College |
GORDON K. MANTLER, POWER TO THE POOR: BLACK-BROWN COALITION & THE FIGHT FOR ECONOMIC JUSTICE, 1960-1974, CHAPEL HILL: UNIVERSITY OF NORTH CAROLINA PRESS, 2013. PP. 362. $34.95 CLOTH (ISBN 978-0-8078-3851-8). PETE DANIEL, DISPOSSESSION: DISCRIMINATION AGAINST AFRICAN AMERICAN FARMERS IN THE AGE OF CIVIL RIGHTS, CHAPEL HILL: UNIVERSITY OF NORTH CAROLINA PRESS, 2013. PP. 352. $34.95 CLOTH (ISBN 978-1-4696-0201-1) |
32 Law and History Review 441 (May, 2014) |
Two recent books released by the University of North Carolina Press imaginatively and provocatively reveal underexplored chapters of twentieth century African American civil rights history. In Power to the Poor: Black-Brown Coalition & the Fight for Economic Justice, 1960-1974, Gordon Mantler turns conventional wisdom on its head. He argues that... |
2014 |
Relevant (Poverty) |
Shannon Fruth |
HAS THE FEDERAL GOVERNMENT INSULATED STATES FROM EQUAL PROTECTION NORMS THROUGH WELFARE REFORM? |
35 Journal of Legal Medicine 467 (July-September, 2014) |
The law knows no finer hour than when it cuts through formal concepts and transitory emotions to protect unpopular citizens against discrimination and persecution. Mohamed Aliessa, a lawful immigrant from Syria, lived and worked in New York City with his wife and children for many years. In December of 1997, Mr. Aliessa was struck by a car and... |
2014 |
Relevant (Poverty) |
Francine J. Lipman , Dawn Davis |
HEAL THE SUFFERING CHILDREN: FIFTY YEARS AFTER THE DECLARATION OF WAR ON POVERTY |
34 Boston College Journal of Law & Social Justice 311 (Spring, 2014) |
Fifty years ago, President Lyndon B. Johnson declared the War on Poverty. Since then, the federal tax code has been a fundamental tool in providing financial assistance to poor working families. Even today, however, thirty-two million children live in families that cannot support basic living expenses, and sixteen million of those live in... |
2014 |
Relevant (Poverty) |
Pamela Cardullo Ortiz |
HOW A CIVIL RIGHT TO COUNSEL CAN HELP DISMANTLE CONCENTRATED POVERTY IN AMERICA'S INNER CITIES |
25 Stanford Law and Policy Review 163 (2014) |
Introduction. 163 I. The Challenge of Concentrated Poverty. 165 A. Why Place Matters. 167 B. Theories and Solutions. 169 C. Addressing Concentrated Poverty as a Legal Problem. 173 II. Civil Right to Counsel. 173 III. How a Civil Right to Counsel Addresses Concentrated Poverty. 177 A. Housing. 177 B. Employment. 181 C. How Important Is It to Have... |
2014 |
Relevant (Poverty) |
Farida Ali |
LIMITING THE POOR'S RIGHT TO PUBLIC SPACE: CRIMINALIZING HOMELESSNESS IN CALIFORNIA |
21 Georgetown Journal on Poverty Law and Policy 197 (Spring, 2014) |
Homelessness in the United States has increased substantially since the financial crisis of 2008, which brought widespread unemployment and foreclosures to cities across the nation. California has not been immune to this impact. Indeed, California has the largest homeless population in the United States, representing almost 21% of the nation's... |
2014 |
Relevant (Poverty) |
M. Alexander Pearl |
OF "TEXANS" AND "CUSTERS": MAXIMIZING WELFARE AND EFFICIENCY THROUGH INFORMAL NORMS |
19 Roger Williams University Law Review 32 (Winter 2014) |
Professor Robert Ellickson (Yale) theorized that the informal norms of a close-knit community maximize aggregate welfare and Professor Barak Richman (Duke) identified two distinct types of private ordering systems: shadow of law and order without law. Under the Ellickson-Richman structure, many Indian tribes qualify as close-knit groups where... |
2014 |
Relevant (Poverty) |
Anthony V. Alfieri |
PATERNALISTIC INTERVENTIONS IN CIVIL RIGHTS AND POVERTY LAW: A CASE STUDY OF ENVIRONMENTAL JUSTICE |
112 Michigan Law Review 1157 (April, 2014) |
Against Autonomy: Justifying Coercive Paternalism. By Sarah Conly. New York: Cambridge University Press. 2013. Pp. viii, 194. Cloth, $95; paper, $32.99. Low-income communities of color in Miami and in cities across the nation both share aspirations of equal justice and democratic participation and suffer the burdens of legal underrepresentation and... |
2014 |
Relevant (Poverty) |
Eldar Shafir |
POVERTY AND CIVIL RIGHTS: A BEHAVIORAL ECONOMICS PERSPECTIVE |
2014 University of Illinois Law Review 205 (2014) |
The International Bill of Human Rights recognizes a universal entitlement to the continuous improvement of living conditions. A dignified existence is a common concern of modern civilization and of the social sciences. But the mindset that emerges when we have too little creates challenges that often impede the improvement of living conditions.... |
2014 |
Relevant (Poverty) |
Alexander Wohl |
POVERTY, EMPLOYMENT, AND DISABILITY: THE NEXT GREAT CIVIL RIGHTS BATTLE |
40-AUG Human Rights 18 (August, 2014) |
At a time when many U.S. policymakers increasingly are focused on the issue of poverty and economic disparity as an important and neglected social problem (not to mention a perceived potent political tool), a particularly striking set of statistics is one often ignored--the disproportionately high level of poverty among Americans with disabilities.... |
2014 |
Relevant (Poverty) |
Maurice R. Dyson |
PROMISE ZONES, POVERTY, AND THE FUTURE OF PUBLIC SCHOOLS: CONFRONTING THE CHALLENGES OF SOCIOECONOMIC INTEGRATION & SCHOOL CULTURE IN HIGH-POVERTY SCHOOLS |
2014 Michigan State Law Review 711 (2014) |
C1-2Table of Contents Introduction. 712 I. It Takes A Village: Enter the Promise Zones Initiative. 714 II. Gentrification & Integration: Challenges & Alternatives to the Place-Based Approach. 721 III. The Quest to Replicate Success. 726 IV. The Harmful Impact of School-Wide Culture in High-Poverty & Minority Schools. 729 Conclusion. 735 |
2014 |
Relevant (Poverty) |
Steven J. Knox |
RECONSTRUCTING AN END TO CONCENTRATED POVERTY |
16 Journal of Law in Society 223 (Fall, 2014) |
C1-2Table of Contents I. Introduction. 224 II. The Emergence of Concentrated Poverty. 226 A. Spatial Distribution of Race, or Racial Spatialization?. 226 B. A Working Definition of Concentrated Poverty. 227 C. Concentrated Poverty in Detroit. 228 III. Section 1 of the Thirteenth Amendment. 232 A. Section 1 of the Thirteenth Amendment Grants Courts... |
2014 |
Relevant (Poverty) |
Dayne Johnson |
SECTION 342 OF THE DODD-FRANK ACT DOES NOT ADEQUATELY CONSIDER EDUCATION AND POVERTY |
57 Howard Law Journal 1071 (Spring 2014) |
INTRODUCTION. 1072 I. BACKGROUND ON THE DODD-FRANK ACT. 1073 A. The Formation of the Office of Minority and Women Inclusion Thru Section 342. 1076 B. Affirmative Actions Taken by OMWI to Create Opportunity for Minorities and Women. 1078 II. OBSTACLES FACING MINORITIES AND WOMEN. 1078 A. Increasing Early Childhood Education for Minorities and Women.... |
2014 |
Relevant (Poverty) |
Gay McDougall |
TACKLING POVERTY AND INEQUALITY GLOBALLY |
40-AUG Human Rights 23 (August, 2014) |
The international community has been engaged in a historic discourse about poverty and inequality both between countries and within countries around the world. The discussion was launched by former United Nations (UN) Secretary General Kofi Annan in 2000 with his successful effort to get world leaders and heads of state to commit to implementing... |
2014 |
Relevant (Poverty) |
John Baber |
THANK YOU SIR, MAY I HAVE ANOTHER: THE ISSUE OF THE UNSUSTAINABILITY OF LOW INCOME HOUSING TAX CREDITS AND PROPOSED SOLUTIONS |
4 University of Baltimore Journal of Land and Development 39 (Fall, 2014) |
The Federal Low-Income Housing Tax Credit (LIHTC) program is currently the nation's largest federal subsidy for the development and rehabilitation of affordable housing, having created or preserved over 2.5 million housing units and distributed over $7.5 billion in federal tax credits to developers of and investors in affordable housing from the... |
2014 |
Relevant (Poverty) |
Clare Huntington |
THE CHILD-WELFARE SYSTEM AND THE LIMITS OF DETERMINACY |
77 Law and Contemporary Problems 221 (2014) |
To read Robert Mnookin's seminal 1975 article, Child-Custody Adjudication: Judicial Functions in the Face of Indeterminacy, is to see a blueprint for legislative action. To a remarkable degree, the reforms Mnookin proposed to the child-welfare system are what Congress and the states adopted in the following two decades. And yet reading Mnookin's... |
2014 |
Relevant (Poverty) |
Michele Estrin Gilman |
THE RETURN OF THE WELFARE QUEEN |
22 American University Journal of Gender, Social Policy and the Law 247 (2014) |
Introduction. 247 I. Welfare in the 2012 Campaign. 248 II. The History of the Welfare Queen. 256 III. The Truth About TANF. 266 IV. A New Vision for Welfare. 274 Conclusion. 279 |
2014 |
Relevant (Poverty) |
Anne Fleming |
THE RISE AND FALL OF UNCONSCIONABILITY AS THE "LAW OF THE POOR" |
102 Georgetown Law Journal 1383 (June, 2014) |
What happened to unconscionability? Here's one version of the story: The doctrine of unconscionability experienced a brief resurgence in the mid-1960s at the hands of naive, left-liberal, activist judges, who used it to rewrite private consumer contracts according to their own sense of justice. These folks meant well, no doubt, much like... |
2014 |
Relevant (Poverty) |
Susannah Camic Tahk |
THE TAX WAR ON POVERTY |
56 Arizona Law Review 791 (Fall, 2014) |
In recent years, the war on poverty has moved in large part into the tax code. Scholarship has started to note that the tax laws, which once exacerbated the problem of poverty, have become increasingly powerful tools that the federal government uses to fight against it. Yet questions remain about how this new tax war on poverty works, how it is... |
2014 |
Relevant (Poverty) |
Shiri Regev-Messalem |
TRAPPED IN RESISTANCE: COLLECTIVE STRUGGLE THROUGH WELFARE FRAUD IN ISRAEL |
48 Law and Society Review 741 (December, 2014) |
This paper offers a qualitative empirical examination of the noncompliance of Israeli female welfare recipients with welfare laws and authorities. The paper demonstrates that their behavior, defined as welfare fraud by the law, is a limited form of collective resistance to the Israeli welfare state. Although the acts of welfare fraud that the... |
2014 |
Relevant (Poverty) |
Tomiko Brown-Nagin |
TWO AMERICAS IN HEALTHCARE: FEDERALISM AND WARS OVER POVERTY FROM THE NEW DEAL-GREAT SOCIETY TO OBAMACARE |
62 Drake Law Review 981 (Fourth Quarter 2014) |
The Supreme Court's decision sustaining the Affordable Care Act has inspired commentary applauding the Court for preserving the social safety net instituted and expanded during the New Deal and the Great Society. That narrative, as far as it goes, is accurate; but its double-edged meaning has not been fully understood until now, this Article shows.... |
2014 |
Relevant (Poverty) |
Jane S. Schacter |
UNEQUAL INEQUALITIES? POVERTY, SEXUAL ORIENTATION, AND THE DYNAMICS OF CONSTITUTIONAL LAW |
2014 Utah Law Review 867 (2014) |
As we think about the future role the judicial branch will play in our governance, we might consider one important function of the courts: addressing claims of constitutional inequality. In this Article, I explore this question by juxtaposing two claims of inequality that have been pressed by advocates-- one concerning sexual orientation, the other... |
2014 |
Relevant (Poverty) |
Peter Edelman |
WHY IS IT SO HARD TO END POVERTY IN AMERICA? |
40-AUG Human Rights 2 (August, 2014) |
Forty-six million people in poverty. Fifteen million more since the year 2000. An increase of nearly 50 percent in the new century. Fifty years since we declared war on poverty. Are we losing the war? Why aren't we doing better? We've actually done a lot that works and what we've done is making a huge difference. Without the policies and programs... |
2014 |
Relevant (Poverty) |
Nathan Newman |
HOW BIG DATA ENABLES ECONOMIC HARM TO CONSUMERS, ESPECIALLY TO LOW-INCOME AND OTHER VULNERABLE SECTORS OF THE POPULATION |
18 Journal of Internet Law 11 (December, 2014) |
Data has been called the new oil of the information age, an asset used by corporations to reshape markets and increase their market power and profits. On the Internet, there is an increase in big data platforms such as Google, Amazon, Apple, Facebook, and others that accumulate ever increasing information on consumer behavior, interests, and... |
2014 |
|
Desiree C. Hensley |
OUT IN THE COLD: THE FAILURE OF TENANT ENFORCEMENT OF THE LOW-INCOME HOUSING TAX CREDIT |
82 University of Cincinnati Law Review 1079 (Summer, 2014) |
I. Introduction. 1080 II. Where the Southern Crossed the Dog Sunflower County, Mississippi. 1082 III. Affordable Housing for the Poor Is an Ever-Expanding Need. 1083 IV. The Low-Income Housing Tax Credit: America's Largest Corporate Tax Shelter Is Also America's Main Vehicle for Affordable Housing Production. 1086 V. Low-Income Housing Production,... |
2014 |
|
Jeffrey C. Sun , Philip T.K. Daniel |
MATH AND SCIENCE ARE CORE TO THE IDEA: BREAKING THE RACIAL AND POVERTY LINES |
41 Fordham Urban Law Journal 557 (December, 2013) |
L1-2Introduction . L3558 I. Legislation and Regulations Governing Students with Disabilities. 562 A. Early Education Laws Placing Attention on Students with Disabilities. 563 B. Individuals with Disabilities Education Act (IDEA) and Amendments. 567 C. Individuals with Disabilities Education Improvement Act (IDEIA) and No Child Left Behind (NCLB).... |
2013 |
Most Relevant |
Ericka Aiken |
MURDER AT FREEDOM'S GATE POVERTY, RACE, & EDUCATION IN AMERICA |
5 Georgetown Journal of Law & Modern Critical Race Perspectives 31 (Spring, 2013) |
We have fought hard and long for integration, as I believe we should have, and I know that we will win. But I've come to believe we're integrating into a burning house .. I'm afraid that America may be losing what moral vision she may have had .. And I'm afraid that even as we integrate, we are walking into a place that does not understand that... |
2013 |
Most Relevant |
Jennifer Rosen Valverde |
A POOR IDEA: STATUTE OF LIMITATIONS DECISIONS CEMENT SECOND-CLASS REMEDIAL SCHEME FOR LOW-INCOME CHILDREN WITH DISABILITIES IN THE THIRD CIRCUIT |
41 Fordham Urban Law Journal 599 (December, 2013) |
L1-2Introduction . L3600 I. Identifying the Affected Population: The Relationship Between Socioeconomic Status, Disability, and Educational Outcomes. 605 A. The Links Between Socioeconomic Status, Child Development, and Educational Outcomes. 608 B. The Link Between Socioeconomic Status and Disability. 612 C. The Link between Disability and... |
2013 |
Relevant (Poverty) |
Anna Jane High |
CHINA'S ORPHAN WELFARE SYSTEM: LAWS, POLICIES AND FILLED GAPS |
8 East Asia Law Review 127 (2013) |
This article presents a socio-legal analysis of the care of orphaned and other vulnerable children in China, reviewing law, policy and practice relating to state and non-state orphanages and foster homes. The analysis is first contextualized by an introduction to the demographics of children cared for in state and non-state welfare institutions;... |
2013 |
Relevant (Poverty) |
Shiri Regev-Messalem |
CLAIMING CITIZENSHIP: THE POLITICAL DIMENSION OF WELFARE FRAUD |
38 Law and Social Inquiry 993 (Fall, 2013) |
This article exposes the political dimension of welfare fraud by investigating--in the context of the Israeli welfare reform of 2003--how forty-nine Israeli women who live on welfare justify welfare fraud. I find that women's justifications cannot be fully explained by traditional noncompliance theories that view welfare fraud as an individual,... |
2013 |
Relevant (Poverty) |
William M. Fischer |
CONDITIONAL WELFARE GRANTS TO ADDRESS TRUANCY AND CHILD EDUCATIONAL NEGLECT: UNITED STATES' EXPERIMENTS AND ECUADOR'S MANDATES |
42 Journal of Law and Education 275 (Spring, 2013) |
If our American way of life fails the child, it fails us all. Although greatly underreported, neglect is the most common type of child maltreatment, and occurs more frequently in poor families than in those of better means. Child neglect can include lack of access to education (educational neglect), as, for example, allowing chronic truancy... |
2013 |
Relevant (Poverty) |
Alfred C. Aman, Jr. |
GLOBALIZATION AND THE PRIVATIZATION OF WELFARE ADMINISTRATION IN INDIANA |
20 Indiana Journal of Global Legal Studies 377 (2013) |
This article explores the relationship of globalization to domestic law in the context of privatized welfare services in Indiana. It examines the ways that privatization can affect vulnerable populations such as welfare recipients by, in effect, partially dis-embedding the market from the state. It applies Karl Polanyi's conception of a double... |
2013 |
Relevant (Poverty) |
Mehrsa Baradaran |
HOW THE POOR GOT CUT OUT OF BANKING |
62 Emory Law Journal 483 (2013) |
The United States currently has two banking systems--one for the rich, one for the poor. It was not always this way. In the past, the U.S. government has enlisted certain banking institutions to serve the needs of the poor and offer low-cost credit to enable low-income Americans to escape poverty. Credit unions, savings and loans, and Morris Banks... |
2013 |
Relevant (Poverty) |
Herbert Hovenkamp |
IMPLEMENTING ANTITRUST'S WELFARE GOALS |
81 Fordham Law Review 2471 (April, 2013) |
The dominant view of antitrust policy in the United States is that it should promote some version of economic welfare. More specifically, antitrust promotes allocative efficiency by ensuring that markets are as competitive as they can practicably be and that firms do not face unreasonable roadblocks to attaining productive efficiency, which refers... |
2013 |
Relevant (Poverty) |
James M. Oleske, Jr. |
LUKUMI AT TWENTY: A LEGACY OF UNCERTAINTY FOR RELIGIOUS LIBERTY AND ANIMAL WELFARE LAWS |
19 Animal Law 295 (2013) |
Twenty years after the United States Supreme Court's decision in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, uncertainty reigns in the lower courts and among commentators over the issue of constitutionally compelled religious exemptions. Despite the Court's general disavowal of such exemptions in Employment Division v. Smith, Lukumi... |
2013 |
Relevant (Poverty) |
Eric Cory Rosenberg |
MANDATORY DRUG SCREENING FOR WELFARE RECIPIENTS: FISCALLY RESPONSIBLE LIMITATION ON GOVERNMENT HANDOUTS OR CONSTITUTIONAL VIOLATION? |
10 Rutgers Journal of Law & Public Policy 205 (Spring, 2013) |
There is a long history of political maneuvering that surrounds social welfare legislation and government entitlement programs at both the national and state level. One aspect that has received increased attention during the recent economic downturn is mandatory drug screening, which has been a tool for politicians seeking to conserve taxpayer... |
2013 |
Relevant (Poverty) |
Rebecca L. Goldberg |
NO SUCH THING AS A FREE LUNCH: PATERNALISM, POVERTY, AND FOOD JUSTICE |
24 Stanford Law and Policy Review 35 (2013) |
Two recent, controversial policy initiatives have revealed conflicts among three groups that take an interest in the eating habits of the poor: anti-hunger advocates, anti-obesity advocates, and food justice advocates. These initiatives--Los Angeles's zoning ordinance banning new fast food restaurants in one low-income neighborhood and New York... |
2013 |
Relevant (Poverty) |
Nekima Levy-Pounds |
PAR FOR THE COURSE?: EXPLORING THE IMPACTS OF INCARCERATION AND MARGINALIZATION ON POOR BLACK MEN IN THE U.S. |
14 Journal of Law in Society 29 (Winter, 2013) |
I. Introduction. 29 II. The War on Drugs as a War on the Black Family?. 36 A. Children of Incarcerated Parents. 42 B. Impacts on Poor Black Men. 45 C. The Connection between the Thirteenth Amendment and the Criminal Justice System. 50 III. Race, Poverty & Incarceration in Detroit. 55 IV. Collateral Consequences of Criminal Convictions. 60 V.... |
2013 |
Relevant (Poverty) |
Anne Marie Su |
PHYSICIAN ASSISTED SUICIDE: DEBUNKING THE MYTHS SURROUNDING THE ELDERLY, POOR, AND DISABLED |
10 Hastings Race and Poverty Law Journal 145 (Winter 2013) |
You suffer from an incurable and progressive disease called Amyotrophic Lateral Sclerosis (ALS). You used to lift weights at the gym but now, when you look at your hands, there is a hollow between your fingers where muscle should be. You no longer move freely as you used to because your muscles are weakening. A respirator is critical because your... |
2013 |
Relevant (Poverty) |
Paul D. Butler |
POOR PEOPLE LOSE: GIDEON AND THE CRITIQUE OF RIGHTS |
122 Yale Law Journal 2176 (June, 2013) |
A low income person is more likely to be prosecuted and imprisoned post-Gideon than pre-Gideon. Poor people lose in American criminal justice not because they have ineffective lawyers but because they are selectively targeted by police, prosecutors, and law makers. The critique of rights suggests that rights are indeterminate and regressive. Gideon... |
2013 |
Relevant (Poverty) |