New Article: Daniel A. Farber, Response and Recovery after Maria: Lessons for Disaster Law and Policy, UC Berkeley Public Law Research Paper, May 15, 2018. Abstract below:
Hurricane Maria had a devastating impact on Puerto Rico. The federal response to Maria was slow, leaving much of the population without basic necessities for extended periods. Lives were lost as a result. The federal government failed to rise to the challenges posed by logistic difficulties and strained agency resources due to preceding disasters. The response was hindered by unrealistic planning, by Puerto Rico’s lack of political power in Washington, and by presidential indifference. In the end, despite its much greater needs, Puerto Rico received assistance much more slowly than Houston. This article analyzes the reasons for the flawed response and proposes improvements in future disaster policy. Like Katrina, Maria is a story of how systems failed just when they were most needed by our most vulnerable citizens.
[Self-promotion] New Long Op-Ed / Short Essay: Ezra Rosser, Medicaid Waivers and Political Preferences for Indians, Harvard Law Review Blog, May 16, 2018.
The Beazley Institute for Health Law and Policy at Loyola University Chicago School of Law and Annals of Health Law invite original research paper submissions for presentation at our 12th Annual Health Law Symposium: Serving the Needs of Medicaid Populations. The Symposium will take place at Loyola University Chicago School of Law on Friday, November 16, 2018, beginning at 9:30am. More info on the legalscholarshipblog.com here. Submission deadline is June 16, 2018.
New Article: Mary Crossley, Bundling Justice: Medicaid’s Support for Housing, Journal of Law, Medicine & Ethics, Forthcoming, SSRN April. 2018. Abstract below:
Achieving safe and stable housing presents a profound and ongoing challenge for many people living in poverty. The challenges include housing that is substandard or unaffordable and continuing risks of eviction. For a growing number, these challenges prove too much, and they become homeless. In addition, housing-related challenges that are part of daily life for many poor people can influence their physical and mental health. Increased attention to the health impacts of inadequate, insecure, and unaffordable housing has prompted some – including public health experts, physicians, and sociologists studying housing – to urge that housing issues, and homelessness in particular, be addressed as a health problem. This article considers whether Medicaid should pay for supportive housing for some recipients. First, it briefly describes how state Medicaid programs already are permitted to use federal Medicaid funds in support of recipients’ shelter needs in three different contexts: (1) the mandatory nursing home benefit; (2) expanded home and community-based services (HCBS) programs for recipients needing long-term support and services (LTSS); and (3) initiatives to provide permanent supportive housing for homeless persons. After describing the ways that states currently are permitted to use federal Medicaid funds for supporting housing, the article interrogates the simultaneous permissibility of states’ paying for room and board for Medicaid recipients residing in nursing homes and impermissibility of paying rent for Medicaid recipients needing supportive housing. Using the concept of bundled payments, I argue that justice requires treating these populations similarly.
Here. Worth reading. Not strictly poverty law but related enough and well done.
The Shriver Summit: The Future of Justice, held on December 1, 2017, in Chicago, Illinois, brought together advocates and experts to explore what we need to secure justice, every day, for everyone.
ABA Journal of Affordable Housing & Community Development Law Call for Papers
The Interconnections between Health and Housing
For its next issue the Journal of Affordable Housing & Community Development Law (the Journal) invites articles and essays exploring the interconnections between health and the Journal’s traditional themes: affordable housing, fair housing and community/economic development. Topics could include creative housing developments; federal, state, local and/or private funding sources; statutes, policies or regulations; and empirical studies. Articles and essays could analyze new developments, tell success stories, or explore problems relating to issue such as affordable independent/assisted living, aging in place, or in-home care, and propose legal and policy recommendations.The Journal welcomes essays (typically 2,500–6,200 words) or articles (typically 7,000-10,000 words) on the theme.
The Journal is the nation’s only law journal dedicated to affordable housing and community development law. The Journal educates readers and provides a forum for discussion and resolution of problems in these fields by publishing articles from distinguished law professors, policy advocates and practitioners.
Interested authors are encouraged to send an abstract describing their proposals to the Journal’s Editor-in-Chief, Tim Iglesias, at firstname.lastname@example.org by April 15, 2018. Submissions of final articles and essays are due by May 1, 2018. The Journal also accepts submissions on a rolling basis. Please do not hesitate to contact the Editor with any questions.
New Article: Rachel Nadas & Jayesh Rathod, Damaged Bodies, Damaged Lives: Immigrant Worker Injuries as Dignity Takings, 92 Chi.-Kent L. Rev. 1155 (2017). Abstract below:
Government data consistently affirm that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government’s weak enforcement apparatus, coupled with state-sanctioned hostility towards immigrants, creates an environment where immigrant workers are deemed to be sub-persons, and where employer impunity abounds. Drawing upon data gleaned from a research study of immigrant day laborers in northern Virginia, the article describes a range of practices by employers in cases of workplace accidents, noting the circumstances that are indicative of dehumanization, and thus, dignity takings.
News Coverage: Eduardo Porter, Making Medicaid a Tool for Moral Education May Let Some Die, N.Y. Times, Jan. 16, 2018.