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Social Welfare Law Commons

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Political Justice And Tax Policy: The Social Welfare Organization Case, Philip Hackney 2021 University of Pittsburgh School of Law

Political Justice And Tax Policy: The Social Welfare Organization Case, Philip Hackney

Articles

81818app手机版下载In addition to valuing whether a tax policy is equitable, efficient, and administrable, I argue we should ask if a tax policy is politically just. Others have made a similar case for valuing political justice as democracy in implementing just tax policy. I join that call and highlight why it matters in one arena – tax exemption. I argue that politically just tax policy does the least harm to the democratic functioning of our government and may ideally enhance it. I argue that our right to an equal voice in collective decision making is the most fundamental value of political justice ...


Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold 2020 The City Law School; City; University of London

Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold

Indiana Law Journal

Accidental infringement of patent rights is a pervasive and growing problem in the Information Age. As IP rights proliferate and expand in scope, it is becoming increasingly easy for companies and individuals to inadvertently infringe patents. When such accidental infringement occurs, patent law holds the infringer strictly liable. This contrasts with many areas of tort law where defendants are only liable if they act negligently.

This Article questions the normative desirability of strict liability in patent law. Assuming the primary value of patent law is utilitarian, this Article poses the research question: what liability rule will maximize social welfare? This ...


The Irony Of Health Care’S Public Option, Allison K. Hoffman 2020 University of Pennsylvania Carey Law School

The Irony Of Health Care’S Public Option, Allison K. Hoffman

Faculty Scholarship at Penn Law

81818app手机版下载The idea of a public health insurance option is at least a half century old, but has not yet had its day in the limelight. This chapter explains why if that moment ever comes, health care’s public option will fall short of expectations that it will provide a differentiated, meaningful alternative to private health insurance and will spur health insurance competition.

Health care’s public option bubbled up in its best-known form in California in the early 2000s and got increasing mainstream attention in the lead up to the 2010 health reform, the Patient Protection and Affordable Care Act ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law 81818app手机版下载

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Making The Case For A Right To A Healthy Environment For The Protection Of Vulnerable Communities: A Case Of Coal-Ash Disaster In Puerto Rico, Sarah Dávila-Ruhaak 2020 UIC John Marshall Law School 81818app手机版下载

Making The Case For A Right To A Healthy Environment For The Protection Of Vulnerable Communities: A Case Of Coal-Ash Disaster In Puerto Rico, Sarah Dávila-Ruhaak

Michigan Journal of Environmental & Administrative Law

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right to a healthy environment. This article argues that in order to protect vulnerable persons and communities facing environmental harm, a human rights framework—specifically the right to a healthy environment—must be applied. A human rights approach complements environmental justice work ...


Acute Poverty: The Fatal Flaw In U.S. Anti-Poverty Law, David A. Super 2020 University of California, Irvine School of Law 81818app手机版下载

Acute Poverty: The Fatal Flaw In U.S. Anti-Poverty Law, David A. Super

UC Irvine Law Review

Debates over inequality have largely ignored the largest body of people living in poverty. Although anti-poverty policymaking focuses overwhelmingly on the chronic poor, a far larger number of people suffer occasional acute bouts of poverty. The causes of the acute poor’s problems, and their needs, differ significantly from those of the chronic poor. Even short spells of poverty can cause serious, physical, psychological, and material harm as well as impairment in their ability to return to their former circumstances.

81818app手机版下载Demographically, the acute poor resemble the general population far more than the chronic poor, yet they receive little sympathy: politicians ...


Real You Meets Virtual You: It Is Time For Consumers To Regain Power Online, Neeka Hodaie 2020 Seattle University School of Law

Real You Meets Virtual You: It Is Time For Consumers To Regain Power Online, Neeka Hodaie

Seattle Journal for Social Justice

No abstract provided.


Medical-Legal Collaboration And Community Partnerships: Prioritizing Prevention Of Human Trafficking In Federally Qualified Health Centers, Kimberly S.G. Chang MD, MPH, Hamida Yusufzai, Anna Marjavi 2020 Georgia State University College of Law 81818app手机版下载

Medical-Legal Collaboration And Community Partnerships: Prioritizing Prevention Of Human Trafficking In Federally Qualified Health Centers, Kimberly S.G. Chang Md, Mph, Hamida Yusufzai, Anna Marjavi

Georgia State University Law Review

Human trafficking (HT) is increasingly recognized as a public health issue, and its severe consequences affect some of society’s most vulnerable members. Prioritizing prevention is a critical component of a public health framework when addressing HT, and the health care delivery system plays a crucial role in operationalizing primary, secondary, and tertiary prevention interventions. As a significant part of the primary care system in the U.S., Federally Qualified Health Centers (FQHCs) are uniquely positioned to be the first point of contact with the health care system for people at risk for and affected by HT. FQHCs provide many ...


Uncovering The "Hidden Crime" Of Human Trafficking By Empowering Individuals To Respond, Laura Shoop 2020 Georgia State University College of Law

Uncovering The "Hidden Crime" Of Human Trafficking By Empowering Individuals To Respond, Laura Shoop

Georgia State University Law Review

81818app手机版下载This Note will examine current state law promoting awareness of human trafficking and identification of trafficking survivors in the United States and make recommendations as to what further measures, if any, state legislators should take to increase awareness, identification, and reporting of human trafficking. Part I explains the history and development of human trafficking legislation at the federal and state levels. Part II analyzes the methods that states currently use to promote public awareness and identification. Part III discusses a proposal for amending current state law to better encourage and facilitate awareness of human trafficking and the identification and reporting ...


Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis 2020 Brooklyn Law School

Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis

Journal of Law and Policy

81818app手机版下载In 1973 the U.S. Supreme Court ruled that education was not a fundamental right, leaving in place systems that continue today to perpetrate vast inequities among school districts. Through a comparative analysis of treaties, constitutions, legislation, and international and state judicial decisions, we demonstrate that education is indeed a fundamental human right, though our constitutional jurisprudence has denied its fundamental right status. We use case studies from Baltimore, a typical city whose residents face economic hardships, to reveal the dire consequences of this ruling. Without the right to an education, schoolchildren in poor systems continue to be deprived of ...


Seeking Liberty, Finding Patriarchy: The Common Law's Historical Legacy, Deborah Dinner 2020 Emory University School of Law 81818app手机版下载

Seeking Liberty, Finding Patriarchy: The Common Law's Historical Legacy, Deborah Dinner

Boston College Law Review

Anita Bernstein’s important new book argues that the common law might be used to advance women’s liberation. In this short essay, I analyze Bernstein’s three modes of historical analysis: redeeming the common law where it enforced oppression, recovering it when it promoted women’s rights, and facilitating its evolution toward a feminist future. I argue that Bernstein’s account, though learned and compelling, sidelines the centrality of patriarchy to the common law. Adopting the liberty of the patriarch cannot realize true freedom for women. By appropriating common law doctrines, feminists risk forging a conceptual alliance with the ...


Redefining Immutability: A Door To The Ostracized, Adriana Domingo 2020 DePaul University 81818app手机版下载

Redefining Immutability: A Door To The Ostracized, Adriana Domingo

DePaul Journal for Social Justice

No abstract provided.


The Promise Of Executive Order 11246: “Equality As A Fact And Equality As A Result”, Jane Farrell 2020 DePaul University

The Promise Of Executive Order 11246: “Equality As A Fact And Equality As A Result”, Jane Farrell

DePaul Journal for Social Justice

81818app手机版下载No abstract provided.


Conversations From Invisible Neighbors: Fighting The Stigma Of Homelessness In Chicago, DePaul Panel 2020 DePaul University

Conversations From Invisible Neighbors: Fighting The Stigma Of Homelessness In Chicago, Depaul Panel

DePaul Journal for Social Justice

No abstract provided.


Cedaw Disapproves: The United States’ Treatment Of Transgender Women In Prisons, Victoria Harrison 2020 DePaul University

Cedaw Disapproves: The United States’ Treatment Of Transgender Women In Prisons, Victoria Harrison

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, 2020 DePaul University 81818app手机版下载

Table Of Contents

DePaul Journal for Social Justice

81818app手机版下载No abstract provided.


The Evolution Of Juvenile Justice From The Book Of Leviticus To Parens Patriae: The Next Step After In Re Gault, Donald E. McInnis, Shannon Cullen, Julia Schon 2020 Loyola Marymount University and Loyola Law School

The Evolution Of Juvenile Justice From The Book Of Leviticus To Parens Patriae: The Next Step After In Re Gault, Donald E. Mcinnis, Shannon Cullen, Julia Schon

Loyola of Los Angeles Law Review

Since the arrival of the Pilgrims, American jurisprudence has known that its law-breaking children must be treated differently than adults. How children are treated by the law raises ethical and constitutional issues. This Article questions the current approach, which applies adult due process protections to children who are unable to fully understand their constitutional rights and the consequences of waiving those rights. The authors propose new Miranda warnings and a Bill of Rights for Children to protect children and their constitutional right to due process under the law.


Long-Term Care Policy After Covid-19 — Solving The Nursing Home Crisis, Rachel M. Werner, Allison K. Hoffman, Norma B. Coe 2020 University of Pennsylvania Perelman School of Medicine 81818app手机版下载

Long-Term Care Policy After Covid-19 — Solving The Nursing Home Crisis, Rachel M. Werner, Allison K. Hoffman, Norma B. Coe

Faculty Scholarship at Penn Law

Nursing homes have been caught in the crosshairs of the coronavirus pandemic. As of early May 2020, Covid-19 had claimed the lives of more than 28,000 nursing home residents and staff in the United States. But U.S. nursing homes were unstable even before Covid-19 hit. The tragedy unfolding in nursing homes is the result of decades of neglect of long-term care policy.

81818app手机版下载Beyond the pandemic, we will have to transform the way we pay for and provide long-term care. First, Medicaid programs need to invest considerably more in care in all settings, including home-based settings as Medicaid shifts ...


Somebody Call My Doctor: Repeal Of The Treating Physician Rule In Social Security Disability Adjudication, Charles Terranova 2020 Buffalo Law Review

Somebody Call My Doctor: Repeal Of The Treating Physician Rule In Social Security Disability Adjudication, Charles Terranova

Buffalo Law Review

No abstract provided.


Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs. 2020 Northern Michigan University 81818app手机版下载

Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs.

Conspectus Borealis

81818app手机版下载No abstract provided.