Category Archives: Disability

New Article: Homeless, Hungry, and Targeted: A Look at the Validity of Food-Sharing Restrictions in the United States

New Article: Samantha Holloway, Homeless, Hungry, and Targeted: A Look at the Validity of Food-Sharing Restrictions in the United States, Hofstra L. Rev. Vol. 46, 2017.


New Article: Schooling At Risk

New Article: Barbara Fedders, Schooling At Risk, 103 Iowa L. Rev. 871 (2018). Overview below:

The Article proceeds as follows. Part II offers the historical context within which the current form of exclusion is situated. It describes the central norm of universal public education advanced by the 19th century “common school” movement. It details the history of outright bans, and later segregation, of African-American students and students with disabilities. It demonstrates that the notion that these groups were undeserving of education animated those exclusionary practices. Part III demonstrates that while de jure segregation has ended and federal laws now protect students with disabilities, the trope of an undeserving child persists. It supports this contention through detailing the increase in misbehavior-based exclusion and rise of AEPs. It analyzes how the structure and operation of AEPs work to harm rather than help students and thus reinforce notions that the students within them are undeserving. Part IV examines the difficulty of combatting suspension with legal remedies and shows that key legal and legislative strategies that advocates have used to curb the most blatant forms of exclusion are ill-equipped to reform the flaws of the AEP. Looking forward toward possible solutions, Part IV notes as a welcome trend the small but growing number of schools that have implemented alternatives to exclusionary forms of discipline. It concludes by arguing that while individual districts may be able to institute small improvements in AEPs, this particular educational innovation should be abandoned.

New Op-Ed: The situation on the streets

SF homelessness

New Op-Ed: Kevin Fagan, The situation on the streets, San Francisco Chronicle, June 28, 2018.

News Coverage: “597 days. And still waiting.” [Disability decision delays]

News Coverage: Terrence McCoy, 597 days. And still waiting., Wash. Post, Nov. 20, 2017 [Disability decision delays]

Blog Post on Tax, Disability and Work: “Crip the Code”

Blog Post: Francine Lipman, Crip the Code, Surly Subgroup Blog, Nov. 26, 2017.

News Article: Who Wins and Who Loses Under Republicans’ Health Care Plan

News Article: Kevin Quealy & Margot Sanger-KatzWho Wins and Who Loses Under Republicans’ Health Care Plan, N.Y. Times (Mar. 8, 2017). [w/charts]

Blog Post: “Actually, We Can’t Just All Get Along—Cooperation and Individualization under IDEA”

Blog Post: Karen Czapanskiy, Actually, We Can’t Just All Get Along—Cooperation and Individualization under IDEA,, Dec. 5, 2016.

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


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 […]


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 […]


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 […]


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 […]


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% […]


New-ish Article: “An Assessment of the Effectiveness of Anti-Poverty Programs in the United States”

New Article: Yonatan Ben-Shalom, Robert A. Moffitt & John Karl Scholz, “An Assessment of the Effectiveness of Anti-Poverty Programs in the United States,”  NBER Working Paper No. 17042 (2011).  Note: the link is limited to those whose institutions have NBER accounts, though there is a way to get it emailed to you if the institutional account matches.  Abstract below:

We assess the effectiveness of means-tested and social insurance programs in the United States. We show that per capita expenditures on these programs as a whole have grown over time but expenditures on some programs have declined. The benefit system in the U.S. has a major impact on poverty rates, reducing the percent poor in 2004 from 29 percent to 13.5 percent, estimates which are robust to different measures of the poverty line. We find that, while there are significant behavioral side effects of many programs, their aggregate impact is very small and does not affect the magnitude of the aggregate poverty impact of the system. The system reduces poverty the most for the disabled and the elderly and least for several groups among the non-elderly and non-disabled. Over time, we find that expenditures have shifted toward the disabled and the elderly, and away from those with the lowest incomes and toward those with higher incomes, with the consequence that post-transfer rates of deep poverty for some groups have increased. We conclude that the U.S. benefit system is paternalistic and tilted toward the support of the employed and toward groups with special needs and perceived deservingness.

New Article: “Special Education, Poverty, and the Limits of Private Enforcement”

New Article: Eloise Pasachoff, Special Education, Poverty, and the Limits of Private Enforcement, 86 Notre Dame L. Rev. 1413 (2011).  Abstract below:

This Article examines the appropriate balance between public and private enforcement of statutes seeking to distribute resources or social services to a socioeconomically diverse set of beneficiaries through a case study of the federal special education law, the Individuals with Disabilities Education Act (IDEA). It focuses particularly on the extent to which the Act’s enforcement regime sufficiently enforces the law for the poor. The Article responds to the frequent contention that private enforcement of statutory regimes is necessary to compensate for the shortcomings of public enforcement. Public enforcement, the story goes, is inefficient and relies on underfunded, captured, or impotent government agencies, while private parties are appropriately incentivized to act as private attorneys general. This Article challenges that argument as not applicable to all circumstances. Instead, it uses the IDEA to identify certain features of institutional design that can make heavy reliance on private enforcement lead to predictable disparities in enforcement in favor of wealthier beneficiaries as opposed to poor beneficiaries, in contravention of the stated goals of some statutes. These features of institutional design include universal rather than means-tested service provision distributed by relying on nontransparent, nonprecedential, private bargaining over a highly individualized system where the contours of the right are determined through significant amounts of agency discretion. Where these features are present, the Article argues, greater attention to public enforcement, as opposed to private enforcement, is likely to be necessary if the goal is to avoid enforcement disparities in favor of wealthier beneficiaries. Alternatively, modifying these features may reduce enforcement disparities and make public enforcement less necessary.