Category Archives: Welfare

New Article: “States’ Rights, Welfare Rights, and the ‘Indian Problem': Negotiating Citizenship and Sovereignty, 1935-1954″

New Article: Karen M. Tani, States’ Rights, Welfare Rights, and the ‘Indian Problem': Negotiating Citizenship and Sovereignty, 1935-1954, Law and History Review forthcoming 2015.  Abstract below:

Starting in the 1940s, American Indians living on reservations in Arizona and New Mexico used the Social Security Act of 1935 to assert unprecedented claims within the American federal system: as U.S. and state citizens, they claimed federally subsidized state welfare payments, but as members of sovereign nations, they denied states the jurisdiction that historically accompanied such beneficence. This article documents their campaign, and the fierce resistance it provoked, by tracing two legal episodes. In 1948, through savvy use of both agencies and courts, and with aid from former government lawyer Felix Cohen, reservation Indians won welfare benefits and avoided accompanying demands for state jurisdiction; the states, in turn, extracted a price–higher subsidies–from the federal government. Arizona officials re-opened the dispute in 1951, by crafting a new welfare program that excluded reservation Indians and suing the federal government for refusing to support it. The 1954 dismissal of the case was a victory for Indians, but also leant urgency to efforts to terminate their anomalous status. Together these episodes illustrate the disruptive citizenship claims that became possible in the wake of the New Deal and World War Two, as well as the increasingly tense federal-state negotiations that followed.

News Story: $200 Million to Help Food Stamp Recipients Find Jobs – NYTimes.com

$200 Million to Help Food Stamp Recipients Find Jobs – NYTimes.com.

New Conference: “Reframing the Welfare Queen: Feminist and CRT Alternatives to Existing Poverty Discourse”

New Conference: “Reframing the Welfare Queen: Feminist and CRT Alternatives to Existing Poverty Discourse,” USC Gould School of Law, Apr. 23-24, 2015.

New Article: “The Great Society and the Constitution of Opportunity”

New Article: Joseph Fishkin & William E. Forbath, The Great Society and the Constitution of Opportunity, 62 Drake L. Rev. 1017 (2014).

New Report from the CBO: “Temporary Assistance for Needy Families: Spending and Policy Options”

New Report: Congressional Budget Office, Temporary Assistance for Needy Families: Spending and Policy Options (2015).

Conservative News Article On Rural Poverty: “The White Ghetto”

Conservative Coverage of Rural Poverty: Kevin D. Williamson, “The White Ghetto,” The National Review, Jan. 9, 2014.

NOTE: for reasons that will be clear if you read this, I hesitated to post this article.  But I do think it could be good material for a classroom discussion and manages to be interesting at times and regardless of your political leanings also  offensive at other times.

Court rejects Florida Gov. Rick Scott’s drug testing of welfare applicants | The Miami Herald

Court rejects Florida Gov. Rick Scott’s drug testing of welfare applicants | The Miami Herald.

News Article: Court Lets E.U. Nations Curb Immigrant Welfare – NYTimes.com

Court Lets E.U. Nations Curb Immigrant Welfare – NYTimes.com.

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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Paul Ryan’s Proposal Hints at Change in Tone on Poverty – NYTimes.com

Paul Ryan’s Proposal Hints at Change in Tone on Poverty – NYTimes.com.