Open Access. Powered by Scholars. Published by Universities.®

Social Welfare Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1,952 Full-Text Articles 1,396 Authors 931,119 Downloads 118 Institutions

All Articles in Social Welfare Law

Faceted Search

1,952 full-text articles. Page 1 of 54.

Social Justice Implications For "Retail" Ced, Paul R. Tremblay 2019 Boston College Law School

Social Justice Implications For "Retail" Ced, Paul R. Tremblay

Boston College Law School Faculty Papers

This short essay represents an extended abstract of some ideas prepared for a moderated discussion group entitled “CED Is Access to Justice” at the AALS Annual Meeting in San Diego in January, 2018. The Journal of Affordable Housing and Community Development Law has now published the collected abstracts from the discussants, including this piece. The aim of this essay is to identify the social justice implications and community-building qualities of what it calls “retail” community economic development (CED)—that is, transactional work on behalf of individual entrepreneurs seeking to establish successful new businesses, typically in underserved localities. Critics persuasively note ...


"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael 2019 DePaul University College of Law

"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.


Punishing Poverty: Robinson & The Criminal Cash Bond System, Lauren Bennett 2019 Washington and Lee University School of Law

Punishing Poverty: Robinson & The Criminal Cash Bond System, Lauren Bennett

Washington and Lee Journal of Civil Rights and Social Justice

The current cash bail system works in a way that punishes poverty. In Robinson v. California, the Supreme Court held that it is unconstitutional under the Eighth Amendment to punish an individual for a status or condition. Poverty is a status. The cash bail system is unconstitutional under Robinson and the Eighth Amendment because it punishes the status of poverty. Similar to drug addiction, poverty “may be contracted innocently or involuntarily or it might even take hold from the moment of a person’s birth.” Kalief Browder had no control over his family’s financial position. Yet, this financial position ...


Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr. 2019 Tulane University School of Law

Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr.

Glynn Lunney

In A Critical Reexamination of the Takings Jurisprudence, I addressed an efficiency problem that arises when the government attempts to change property rights in a manner that burdens a very few for the benefit of the very many. Specifically, in the absence of compensation, the collective action advantage of the few in organizing to oppose the proposed measure will often give them a decided edge against the many. As a result of that advantage, the few will too often be able to persuade the legislature not to act, even when an objective evaluation of the proposal's costs and benefits ...


A Potential Civil Death: Guardianship Of Persons With Disabilities In Utah, Sydney J. Sell 2019 SJ Quinney College of Law, University of Utah

A Potential Civil Death: Guardianship Of Persons With Disabilities In Utah, Sydney J. Sell

Utah Law Review

This Note tracks guardianship and guardianship-related issues throughout time while discussing reformation efforts and mechanisms to mitigate the damages guardianship may impose upon a person, especially a person with a disability.


The Pro Bono Collaborative Project Spotlight: Pro Bono Collaborative License Restoration Project Makes A Fresh Start Possible March 2019, Roger Williams University School of Law 2019 Roger Williams University

The Pro Bono Collaborative Project Spotlight: Pro Bono Collaborative License Restoration Project Makes A Fresh Start Possible March 2019, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


In Memoriam: M. Cherif Bassiouni, Leonard Cavise 2019 DePaul University College of Law

In Memoriam: M. Cherif Bassiouni, Leonard Cavise

DePaul Journal for Social Justice

No abstract provided.


The The: The Definit(Iv)E Article On Idea, Mark C. Weber 2019 DePaul University College of Law

The The: The Definit(Iv)E Article On Idea, Mark C. Weber

DePaul Journal for Social Justice

No abstract provided.


The Holy See's Compliance With The United Nations Convention On The Rights Of The Child, Kaleigh McManus 2019 DePaul University College of Law

The Holy See's Compliance With The United Nations Convention On The Rights Of The Child, Kaleigh Mcmanus

DePaul Journal for Social Justice

In recent years, the Holy See has been called upon to address the systematic and epidemic clerical child sexual abuse that has affected children worldwide. However, in spite of the egregious human rights violations that have occurred under the auspices of the Vatican, the Holy See continues to prioritize protection of church’s reputation and impunity of the perpetrators. Policies such as priest shifting and interference with civil investigations have allowed sexual abuse of children to continue. Thus, the Holy See is not in compliance with its legal obligations under the Convention on the Rights of the Child to act ...


The Color Of Power: How Local Control Over The Siting Of Affordable Housing Shapes America, Kate Walz, Patricia Fron 2019 Sargent Shriver National Center on Poverty Law

The Color Of Power: How Local Control Over The Siting Of Affordable Housing Shapes America, Kate Walz, Patricia Fron

DePaul Journal for Social Justice

Some cities, such as Chicago, have power structures that allow hyperlocal control over the siting of affordable housing—and maintain racial segregation of residential housing as a result. Advocates can push for structural changes that can curb this power and reduce racial segregation. These changes include citywide comprehensive planning, racial equity impact assessments, an overhaul of the zoning process grounded in racial equity, and a comprehensive education campaign to address the city’s long history of segregation and the city’s duty to proactively address it.


Enough Is Enough: Congressional Solutions To Curb Gun Violence In America's K-12 Schools, Michael V. McQuiller 2019 DePaul University

Enough Is Enough: Congressional Solutions To Curb Gun Violence In America's K-12 Schools, Michael V. Mcquiller

DePaul Journal for Social Justice

Almost two decades after the massacre at Columbine High School, shootings at our nation’s K-12 schools have become the new normal. More than 350 incidents of gunfire on school campuses have occurred in just the past five years. These have occurred with two federal laws on the books aimed to keep guns away from school campuses. This Article analyzes the Constitution’s Article I provisions, as well as Bill of Rights limitations, that allow Congress to pursue solutions to this epidemic of violence. It also proposes three proactive solutions that could reduce the likelihood of and limit the damage ...


Table Of Contents, 2019 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


A Prescription For Charity Care: How National Medical Debt Ills Can Be Alleviated By Integrating State Financial Assistance Policies Into The Nonprofit Tax Exemption, Margarita Kutsin 2019 Seattle University School of Law

A Prescription For Charity Care: How National Medical Debt Ills Can Be Alleviated By Integrating State Financial Assistance Policies Into The Nonprofit Tax Exemption, Margarita Kutsin

Seattle University Law Review

Despite having the most expensive healthcare system in the world, the United States has been consistently ranked as having the worst system in terms of equity, efficiency, and healthcare outcomes among industrialized nations. The effects of these systemic issues are grounded in the patient experience as nearly forty-four percent of individuals have forgone recommended treatments and thirty-two percent have reported that they were unable to afford a prescription due to the high cost, according to a study conducted in 2018. Health is sacred, and financial circumstances should not determine the difference between treatment and illness, or life and death. “Financial ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay 2019 Seattle University School of Law

The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay

Seattle University Law Review

This Comment argues that meager or no compensation for prisoners, who are disproportionately black and other persons of color, entraps them and their children in a cycle of subjugation that dates back to the days of slavery, and this Comment proposes to interrupt this cycle by setting a minimum wage for prisoners and creating college savings accounts for their children. As part of the cycle, when people enter prisons and the doors behind them close, so do their families’ bank accounts and the doors to their children’s schools. At the same time, the cells next to them open, ready ...


When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr 2019 Seattle University School of Law

When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr

Seattle University Law Review

This Note will argue that all jurisdictions should follow the Washington State Court of Appeals, Division II in validating makeshift dwellings used by people experiencing homelessness as spaces protected from unwarranted police intrusions by shifting evaluations of “reasonable expectations of privacy” to a more equitable standard that appreciates the realities of economic disparity. This approach to constitutional protections against unreasonable searches and seizures is imperative to protect the rights of people experiencing homelessness, given that such individuals are regularly subjected to invasions of privacy and heightened exposure to the criminal justice system.


"All The Flowers May Die, But The Thistles Will Live": Sex Trafficking Through The Eyes Of A Police Officer-Researcher, Robert Chrismas 2019 University of Manitoba

"All The Flowers May Die, But The Thistles Will Live": Sex Trafficking Through The Eyes Of A Police Officer-Researcher, Robert Chrismas

Dignity: A Journal on Sexual Exploitation and Violence

This article is a description of the research I conducted on the sex industry in Manitoba, Canada, from 2016-2017. I interviewed 61 people, of which six were political leaders, 23 were social workers, 24 were police officers, and eight were sex industry survivors. About half of the practitioners I interviewed are also sex industry survivors. As a veteran police officer with 35 years of law enforcement experience, my research journey was unique from conducting the interviews to reporting my findings. These are some of my experiences and the lessons I learned about gathering and sharing the stories of sex industry ...


Narrowing The Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons 2019 Boston College

Narrowing The Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons

Daniel Lyons

Universal service has long been an integral component of American telecommunications policy. As more activities move online, it becomes increasingly important to narrow the digital divide by helping low-income Americans get online and by extending broadband networks into unserved areas.

Unfortunately, the Federal Communications Commission’s reforms are unlikely to help solve this problem. The Commission is repurposing an $8 billion telephone subsidy program to focus instead on broadband networks. But when pressed, the agency admits that it has no proof that the program meaningfully affected telephone adoption rates, and it offers little evidence that it will fare any better ...


Supplemental Nutrition Assistance Program (Snap): Uncovering The Fraud, Ada Torres 2019 La Salle University

Supplemental Nutrition Assistance Program (Snap): Uncovering The Fraud, Ada Torres

Economic Crime Forensics Capstones

The Supplemental Nutrition Assistance Program (SNAP), once labeled the Food Stamp Program, was constructed mainly to boost low-income households’ capabilities in regards to purchasing food in order to maintain a satisfactory nutritional, low-cost diet. The program accomplishes this by providing benefits as a supplemental income to recipients in order to allow them to purchase certain foods. The federal government supplies the funds for the benefits and transfers the obligation to the states as far as administrating the program. Specifically, the Food and Nutrition Service (FNS) is liable for defining the program regulations and confirming that the states are complying with ...


Social Welfare And Political Organizations: Ending The Plague Of Inconsistency, Roger Colinvaux 2019 The Catholic University of America, Columbus School of Law

Social Welfare And Political Organizations: Ending The Plague Of Inconsistency, Roger Colinvaux

Scholarly Articles and Other Contributions

This article considers the use of social welfare organizations for political purposes, assesses the damage, and offers solutions. Part I of the article provides an overview of present law and compares social welfare and political organizations in the context of political campaign intervention. Part II considers the many serious ongoing harms that have resulted from the current legal framework. Part III assesses different solutions. The article concludes that in general, the disclosure and financing rules concerning the political activity of social welfare and political organizations should be consistent. Consistent rules would reduce incentives to deceive regulators and the public and ...


Digital Commons powered by bepress