Despite Acquittal, Man Assigned Sex Offender Registry Status, 2018 New York Law School
Despite Acquittal, Man Assigned Sex Offender Registry Status, Arthur S. Leonard
No abstract provided.
Access To Justice Through Limited Legal Assistance, 2018 Northwestern Pritzker School of Law
Access To Justice Through Limited Legal Assistance, Deborah L. Rhode, Kevin Eaton, Anna Porto
Northwestern Journal of Human Rights
This article describes an empirical survey of a limited legal assistance program designed to assist low-income individuals with family law matters. It begins by exploring the need for such research, given the nation’s shameful level of unmet legal needs, and the lack of rigorous evaluation of strategies designed to address those needs. The article discussion then describes the methodology of a survey of Alaska Legal Services’ limited legal assistance program, and the survey’s major findings. Among the most critical conclusions are that limited assistance is a cost-effective use of resources, but that more effort should center on provision ...
Waiting To Be Heard: Fairness, Legal Rights, And Injustices The Deaf Community Faces In Our Modern, Technological World, 2018 Washington University in St. Louis
Waiting To Be Heard: Fairness, Legal Rights, And Injustices The Deaf Community Faces In Our Modern, Technological World, Justin Chavez
Washington University Global Studies Law Review
This note will examine the existing access to legal aid, employment, recourse, and education in various deaf cultures and societies. The goal is a comparative study into how the DHH communities are accepted, valued, and prioritized in different countries, and how that translates into legal infrastructure, in the form of governmentally-mandated statues, regulations, public accommodations, and legal education. This will consist of a brief history into the recognition, labeling, and acceptance of deaf citizens in ancient and modern cultures, the path to a society’s awareness and eventual recognition of deaf citizens, and how the various levels of awareness differ ...
The Rule Of Reason, 2018 University of Pennsylvania Law School
The Rule Of Reason, Herbert J. Hovenkamp
Faculty Scholarship at Penn Law
Antitrust’s rule of reason was born out of a thirty-year (1897-1927) division among Supreme Court Justices about the proper way to assess multi-firm restraints on competition. By the late 1920s the basic contours of the rule for restraints among competitors was roughly established. Antitrust policy toward vertical restraints remained much more unstable, however, largely because their effects were so poorly understood.
This article provides a litigation field guide for antitrust claims under the rule of reason – or more precisely, for situations when application of the rule of reason is likely. At the time pleadings are drafted and even up ...
Medicaid: Welfare Program Of Law Resort, Or Safety Net?, 2018 Mitchell Hamline School of Law
Medicaid: Welfare Program Of Law Resort, Or Safety Net?, Laura D. Hermer
Mitchell Hamline Law Review
No abstract provided.
Child Migrants And Child Welfare: Toward A Best Interests Approach, 2018 University of Iowa College of Law
Child Migrants And Child Welfare: Toward A Best Interests Approach, Ann Laquer Estin
Washington University Global Studies Law Review
Protections for unaccompanied minors in the U.S. immigration system can be traced to our constitutional values of due process and equal treatment; to the parens patriae tradition and best interests principle from family law; and to our commitments under international law including the Protocol to U.N. Convention on the Rights of the Child. With the Trafficking Victims Protection Reauthorization Act of 2008, Congress took an important step toward meeting these obligations and improving our treatment of child migrants, but there is more work to do. Federal agencies have been slow to implement the Act, and there are important ...
Restoring Trade’S Social Contract, 2018 Boston College Law School
Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer
Boston College Law School Faculty Papers
As we write, the United States, Canada, and Mexico are meeting in Washington, D.C. to renegotiate the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. Since NAFTA came into force in 1994, it has transformed the North American economy. NAFTA has made possible continent-wide supply chains, in industries like the auto sector, that have reduced costs and allowed American automakers to remain competitive; it has opened markets for American agriculture; it has greatly increased the standard of living in Mexico; and it has ...
Social Security, Divorce, And The Scope Of Federal Preemption, 2018 University of Arkansas at Little Rock, William H. Bowen School of Law
Social Security, Divorce, And The Scope Of Federal Preemption, Michael T. Flannery
Buffalo Law Review
In light of the United States Supreme Court’s decision in Howell v. Howell, in May 2017, this article urges Congress to clarify its intent for the scope of federal preemption of state property distribution laws under the anti-assignment provision of the Social Security Act, 42 U.S.C. § 407.Congress enacted the Social Security Act in 1935 to serve as a federally regulated social insurance benefit program designed to ensure a continuing source of income to retired workers, age 65 or older. Within the Act, Congress reserved for itself the exclusive authority to regulate the program, with one of ...
Independence Is The New Health, 2018 Mitchell Hamline School of Law
Independence Is The New Health, Laura D. Hermer
Medicaid plays key roles in supporting our nation’s health. Under the Affordable Care Act, Medicaid took an even more central position in public health endeavors by extending coverage in all interested states to millions of adults who typically fell through the health care cracks. Nevertheless, the Trump administration is now undoing these gains by actively encouraging states to curtail access to Medicaid in key respects while using the rhetoric of health.
This article examines Trump administration efforts in two contexts: (1) state § 1115 waiver applications seeking to better align their Medicaid programs with cash welfare and food stamp programs ...
Loving Lessons: White Supremacy, Loving V. Virginia, And Disproportionality In The Child Welfare System, 2018 FordhamUniversity School of Law
Loving Lessons: White Supremacy, Loving V. Virginia, And Disproportionality In The Child Welfare System, Leah A. Hill
Fordham Law Review
Part I of this Article introduces a brief discussion of the history of antimiscegenation laws and, specifically, their prevalence in the Commonwealth of Virginia during the 1950s. Next, Part II sets forth a short commentary about the Lovings’ triumph over antimiscegenation. Part III then details the Lovings’ judicial hurdles against the state, which argued that its antimiscegenation laws were enacted, in part, to prevent child abuse and thus served legitimate state interests. Part IV argues that the remnants of the white supremacist ideology at the center of Loving appear in our modern child welfare system, which has long been plagued ...
Progressive Antitrust, 2018 University of Pennsylvania Law School
Progressive Antitrust, Herbert J. Hovenkamp
Faculty Scholarship at Penn Law
Several American political candidates and administrations have both run and served under the “progressive” banner for more than a century, right through the 2016 election season. For the most part these have pursued interventionist antitrust policies, reflecting a belief that markets are fragile and in need of repair, that certain interest groups require greater protection, or in some cases that antitrust policy is an extended arm of regulation. This paper argues that most of this progressive antitrust policy was misconceived, including that reflected in the 2016 antitrust plank of the Democratic Party. The progressive state is best served by a ...
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, 2018 St. Mary's University School of Law
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
St. Mary's Law Journal
A Universal Child Income: Implications For Policy, Poverty, And Child Development, 2018 Messiah College
A Universal Child Income: Implications For Policy, Poverty, And Child Development, Ben Cochran
Honors Projects and Presentations: Undergraduate
The American ethos is fiercely devoted to the idea that a person’s fate is not determined by their roots. Success is the product of hard work, resiliency, and strong character, the narrative goes. In the latter half of the nineteenth century, Horatio Alger wrote novels about poor teenage boys achieving the luxury and stability of middle-class life through courage and honesty. His books reflected and helped enshrine a deep belief in opportunity and self-improvement. Necessarily, the other half of this national ethos is more vindictive. Just as success is attributed to hard work and strong virtue, poverty is understood ...
Data Collection, Ehrs, And Poverty Determinations, 2018 University of Colorado Law School
Data Collection, Ehrs, And Poverty Determinations, Craig Konnoth
Collecting and deploying poverty-related data is an important starting point for leveraging data regarding social determinants of health in precision medicine. However, we must rethink how we collect and deploy such data. Current modes of collection yield imprecise data that is unsuited for research. Better data can be collected by cross-referencing other sources such as employers and public benefit programs, and by incentivizing and encouraging patients and providers to provide more accurate information. Data thus collected can be used to provide appropriate individual-level clinical and non-clinical care, and to systematically determine what share of social resources healthcare should consume.
Transferring Custody From Birth Parents To Foster Parents - An Ambiguous Matter, 2018 Australian Catholic University
Transferring Custody From Birth Parents To Foster Parents - An Ambiguous Matter, Therese Wisso, Helena Johansson
Faculty of Health Sciences Publications
In this study, we analyse 32 district court decisions regarding custody transfers from the birth parents to the foster parents in Sweden. When a child has been in foster care for three years, in order to enhance stability for child, the local social welfare committee considers a transferral of custody to the foster parents following an application to the district court. Although all but one of the decisions in our study favoured a custody transfer, the courts acknowledge different reasons for this. Specifically, there is vagueness about whether or not functioning contact between the child and birth parents is a ...
The Women Feminism Forgot: Rural And Working-Class White Women In The Era Of Trump, 2017 University of California, Davis
The Women Feminism Forgot: Rural And Working-Class White Women In The Era Of Trump, Lisa R. Pruitt
Lisa R Pruitt
Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, 2017 Brooklyn Law School
Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral
Brooklyn Journal of Corporate, Financial & Commercial Law
Microfinance seeks to eradicate poverty through the economic growth and development that results when seed capital is given to microenterprises. In 2015, Latin America’s microfinance loan portfolio totaled $40 billion USD and included more than twenty-two million borrowers. Due to the current state of microfinance in the region—abusive lending practices and betraying the original goal and purpose of eradicating poverty—this Note advocates for a regional regulatory body, such as the Latin American Microfinance Association, that would develop and assist Latin American countries to implement model legal frameworks that increase client protection, create licensing requirements, establish interest rate ...
Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, 2017 Notre Dame Law School
Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, Ryan D. Konstanzer
Journal of Legislation
No abstract provided.
“Making Bail”: Limiting The Use Of Bail Schedules And Defining The Elusive Meaning Of “Excessive Bail”, 2017 Brooklyn Law School
“Making Bail”: Limiting The Use Of Bail Schedules And Defining The Elusive Meaning Of “Excessive Bail”, James A. Allen
Journal of Law and Policy
Every day in the United States, thousands of people are waiting in jail postarrest prior to any trial or conviction. Once arrested, these individuals frequently face harsh conditions while they are held for their first appearance to be assigned bail. Thousands of individuals wait more than forty-eight hours to first appear in front of a judicial officer who determines their bail conditions. Innocent people––people who have committed no offense except that of being underprivileged––are pressured into accepting plea bargains because they cannot pay bail. Thousands remain in jail unwilling to accept plea bargains or admit guilt but are ...
Welfare And Federalism's Peril, 2017 University of Washington School of Law
Welfare And Federalism's Peril, Andrew Hammond
Washington Law Review
Recent scholarship on American federalism lacks case studies to inform that scholarship’s trans-substantive insights and claims. This Article examines the last two decades of devolution brought about by the 1996 Welfare Reform Act (PRWORA). It details the history of PRWORA and how the funding mechanism built into Temporary Assistance for Needy Families (TANF)—the TANF block grant—guaranteed the program’s deterioration. The Article documents the program’s failure to respond to increased need among poor families after Hurricane Katrina and in the Great Recession, showing how the federal government’s use of TANF in both crises teach us ...