Category Archives: Articles

New Article: “Riding the Wave: Uplifting Labor Organizations Through Immigration Reform”

New Article: Jayesh Rathod, Riding the Wave: Uplifting Labor Organizations Through Immigration Reform, 4 UC Irvine L. Rev. 625 (2014).  Abstract below:

In recent years, labor unions in the United States have embraced the immigrants’ rights movement, cognizant that the very future of organized labor depends on its ability to attract immigrant workers and integrate them into union ranks. At the same time, the immigrants’ rights movement has been lauded for its successful organizing models, often drawing upon the vitality and ingenuity of immigrant-based worker centers, which themselves have emerged as alternatives to traditional labor unions. And while the labor and immigrants’ rights movements have engaged in some fruitful collaborations, their mutual support has failed to radically reshape the trajectory of either cause.

In this Article, I argue that the ongoing legislative debates around immigration reform provide a unique opportunity to reimagine and revitalize traditional organized labor and to strengthen newer, immigrant-centered worker organizations. In my view, this can be accomplished by positioning unions and worker organizations as key actors in immigration processes (for both temporary and permanent immigration) and in any likely legalization initiative. Their specific roles might include sponsoring or indirectly supporting certain visa applications, facilitating the portability of employment-related visas from one employer to another, offering training opportunities to meet immigration requirements, assisting with legalization applications, leading immigrant integration initiatives, and more.

Apart from the instrumental objective of attracting immigrants to the ranks of unions and worker organizations, this set of proposals will position these institutions as sites where the virtues of leadership, democratic participation, and civic engagement can be forged in new Americans. Indeed, these virtues coincide with the founding values of most U.S. labor unions; to the extent some unions have strayed from these values, the proposals provide an external imperative to reorient and rebrand unions as core civil society institutions. Moreover, immigrant worker centers have already become known for their focus on leadership development, democratic decision making, and civic education, and are therefore uniquely positioned to play this role. This convergence of utilitarian and transcendent objectives, in the current sociopolitical moment, justifies a special position for unions and worker organizations in the U.S. immigration system.

New Article: “Gideon is my Co-Pilot: The Promise of Civil Right to Counsel Pilot Programs”

New Article: Clare Pastore, Gideon is my Co-Pilot: The Promise of Civil Right to Counsel Pilot Programs, 17 U.D.C. L. Rev. 75 (2014).

Article Review: “By All Means Possible” – Jotwell

Article Review: Toni Williams, “By All Means Possible,” Jotwell, Oct. 6, 2014 (reviewing Thomas Mitchell, Growing Inequality and Racial Economic Gaps56 How. L. J. 849(2013)).

NOTE: it is great to see that Jotwell has expanded its coverage such that there is more space for coverage of poverty related articles.

Symposium Issue Published: “50 Years After the “War on Poverty”: Evaluating Past Enactments & Innovative Approaches for Addressing Poverty in the 21st Century”

Symposium Issue Published by the Boston College Journal of Law and Social Justice: “50 Years After the “War on Poverty”: Evaluating Past Enactments & Innovative Approaches for Addressing Poverty in the 21st Century”:

Vol. XXXIV No. 2

50 Years After the “War on Poverty”: Evaluating Past Enactments & Innovative Approaches for Addressing Poverty in the 21st Century

Introduction by Emily F. Suski

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Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law

by Ann Cammett

Abstract: 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 Article begins by describing the […]

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50 Years After the “War on Poverty”: Evaluating the Justice Gap in the Post-Disaster Context

by Davida Finger

Abstract: The Legal Services Corporation (“LSC”), formed as part of President Lyndon B. Johnson’s War on Poverty, was one of many initiatives aimed at providing low-income individuals with equal access to justice. Today, the increasing number of people living in poverty, coupled with decreased funding for legal services, has resulted in a significant justice gap […]

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Left Behind with No “IDEA”: Children with Disabilities Without Means

by Alex J. Hurder

Abstract: This Article examines the changes to the Individuals with Disabilities Education Act (“IDEA”), which were intended to reconcile the Act with the No Child Left Behind Act of 2001, and the effect those changes have had on the education of children with disabilities. The Article highlights the important role that parents were given in […]

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Heal the Suffering Children: Fifty Years After the Declaration of War on Poverty

by Francine J. Lipman & Dawn Davis

Abstract: 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 extreme […]

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From the “War on Poverty” to Pro Bono: Access to Justice Remains Elusive for Too Many, Including Our Veterans

by Patricia E. Roberts

Abstract: Fifty years ago, President Lyndon B. Johnson launched the War on Poverty. The Legal Services Program of 1965, along with the Legal Services Corporation formed in 1974, considerably increased civil legal aid to America’s poor. Yet today, there is only one legal aid attorney for every 6,415 people living in poverty. Veterans, comprising 4.6% […]

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Symposium Issues published (in 2013): “Saving the Cities: How to Make America’s Urban Core Sustainable in the Twenty-First Century”

Symposium Issues published (in 2013): St. Louis U. Pub. L. Rev. published a symposium issue on “Saving the Cities: How to Make America’s Urban Core Sustainable in the Twenty-First Century” (if you click on the above link, it will take you to a TOC where the articles can be accessed) with some great sounding articles:

CITIZEN ENGAGEMENT IN THE
SHRINKING CITY: TOWARD
DEVELOPMENT JUSTICE IN AN
ERA OF GROWING INEQUALITY …………………………Barbara L. Bezdek 3
THE PROMISES AND PITFALLS
OF TIF IN THE ST. LOUIS
METROPOLITAN REGION: A
LOOK AT NEIGHBORHOOD
DISPARITIES ………………………………………………………..Sarah L. Coffin 57
ST. LOUIS BLUES: THE URBAN
CRISIS IN THE GATEWAY CITY………………………………….Colin Gordon 81
URBAN LAND BANKS AND THE
HOUSING FORECLOSURE AND
ABANDONMENT CRISIS……………………………………W. Dennis Keating 93
A CONTINUUM IN REMEDIES:
RECONNECTING VACANT
HOUSES TO THE MARKET…………………………………. James J. Kelly, Jr. 109

CITIZEN ENGAGEMENT IN THE
SHRINKING CITY: TOWARD
DEVELOPMENT JUSTICE IN AN
ERA OF GROWING INEQUALITY …………………………Barbara L. Bezdek 3
THE PROMISES AND PITFALLS
OF TIF IN THE ST. LOUIS
METROPOLITAN REGION: A
LOOK AT NEIGHBORHOOD
DISPARITIES ………………………………………………………..Sarah L. Coffin 57
ST. LOUIS BLUES: THE URBAN
CRISIS IN THE GATEWAY CITY………………………………….Colin Gordon 81
URBAN LAND BANKS AND THE
HOUSING FORECLOSURE AND
ABANDONMENT CRISIS……………………………………W. Dennis Keating 93
A CONTINUUM IN REMEDIES:
RECONNECTING VACANT
HOUSES TO THE MARKET…………………………………. James J. Kelly, Jr. 109

-many might make good sources and/or assignments related to Ferguson as well.

New Article: “Out in the Cold: The Failure of Tenant Enforcement of the Low-Income Housing Tax Credit”

New Article: Desiree Carole Hensley, Out in the Cold: The Failure of Tenant Enforcement of the Low-Income Housing Tax Credit, forthcoming Cinn. L. Rev.  Abstract below:

This Article seeks to start a conversation about the rights of the people who reside in Low-Income Housing Tax Credit units and how the law can be changed to better protect them; about their right not only to long-term housing at affordable rents, but to housing that is suitable for occupancy according to local or federal standards; about how they may enforce those rights; and about what policy makers can do to strengthen that enforcement.

New Article: “Tracing the School-to-Prison Pipeline from Zero-Tolerance Policies to Juvenile Justice Dispositions”

New Article: Aaron J. Curtis, Tracing the School-to-Prison Pipeline from Zero-Tolerance Policies to Juvenile Justice Dispositions, 102 Geo. L.J. 1251 (2014).  Abstract below:

In recent years, schools have attempted to combat school violence and other behavioral problems by instituting harsh disciplinary policies and referring students to law enforcement. Civil rights advocates argue that these practices push students, especially students of color, “out of school and into the juvenile and criminal justice systems.” The process has come to be known as the school-to-prison pipeline.

Throughout the literature discussing this phenomenon, authors often reference juvenile justice systems in passing, but few studies have given in-depth attention to the specific practices within juvenile courts that perpetuate the school-to-prison pipeline. Accordingly, this Note takes a closer look at the connection between harsh disciplinary practices in schools and the dispositional processes that occur in juvenile justice systems. Part I examines zero-tolerance policies that push students out of schools in the first place. Part II explores the ways that students then enter juvenile courts. Part III discusses the guidelines and other factors that shape judges’ dispositional decisions, particularly when they handle minor crimes and violations of zero-tolerance policies. Finally, Part IV describes alternatives to punitive sanctions for juvenile offenders. Overall, this Note concludes that zero-tolerance policies and punitive juvenile justice dispositions fail to remedy the problems that they are meant to resolve.

New Article: “Titles of Nobility: Poverty, Immigration, and Property in a Free and Democratic Society”

New Article: Joseph W. Singer, Titles of Nobility:  Poverty, Immigration, and Property in a Free  and Democratic Society, 1 J. L. Property & Soc’y 1 (2014).  This article is based on a keynote Singer gave at the 2013 AALS Conference on Poverty, Immigration, and Property.  It was a very good speech.  =)

New Article: “Developing Capabilities, Not Entrepreneurs: A New Theory for Community Economic Development”

New Article: Rashmi Dyal-Chand & James V. Rowan, Developing Capabilities, Not Entrepreneurs: A New Theory for Community Economic Development, 42 Hofstra L. Rev. 839 (2014).  Abstract below:

This Article presents a contemporary and compelling American context in which entrepreneurship is not a good solution. Despite the enormous potential that entrepreneurship seems to hold for community economic development, it has thus far failed as a framework for widespread and reliable local economic development and poverty alleviation. The reasons for this failure are grounded both in theory and empirical data. This Article takes up the theoretical question. It examines why entrepreneurship theory is a weak foundation for the work of community economic development practitioners. Arguing that the important work of these practitioners is best understood and measured using a theory grounded in poverty alleviation, this Article offers a modified version of the capabilities approach first developed by Nobel Prize-winning economist Amartya Sen. By relying on a theory that broadly conceptualizes poverty and social exclusion, community economic development practitioners can better evaluate the work that they are already doing. More importantly, the theory proposed here can and should guide practitioners to make straightforward changes with the potential for quite positive gains.

New Article: “Federalism and Municipal Innovation: Lessons from the Fight Against Vacant Properties”

New Article: Benton C. Martin, Federalism and Municipal Innovation: Lessons from the Fight Against Vacant Properties, 46 The Urban Lawyer 361 (2014).  Abstract below:

Cities possess a far greater ability to be trailblazers on a national scale than local officials may imagine. Realizing this, city advocates continue to call for renewed recognition by state and federal officials of the benefits of creative local problem-solving. The goal is admirable but warrants caution. The key to successful local initiatives lies not in woolgathering about cooperation with other levels of government but in identifying potential conflicts and using hard work and political savvy to build constituencies and head off objections. To demonstrate that point, this Article examines the legal status of local governments and recent efforts to regulate vacant property through land banking and registration ordinances.