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The Revolution in Welfare Administration: Rules, Discretion & Entrepreneurial Government
This paper examines the tremendous changes in the administrative structure of the welfare system that have occurred since 1996. The new administrative model emerging from welfare reform eschews…
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Tensions and Coherence in Disability Policy: The Uneasy Relationship Between Social Welfare and Civil Rights Models of Disability in American, European and International Employment Law
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Judicial Backlash, the ADA, and the Civil Rights Model
Sometimes legislation enacted with little fanfare or comment proves profoundly important.' Major changes in government programs can appear almost inadvertent. Presumably the converse can be true as…
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PRACTICAL POSITIVISM VERSUS PRACTICAL PERFECTIONISM: THE HART-FULLER DEBATE AT FIFTY
This Article offers a new reading of Hart’s classic Positivism and the Separation of Law and Morals by rethinking the form of positivism Hart was putting forward. Hart’s separationism was not…
Tort and Social Welfare Principles in the Victim Compensation Fund
The World Trade Center Victims' Compensation Fund is based on a blend of a private law regime (tort law) and government benefit programs rooted in public law. Unlike other programs that straddle the…
Are We Ready for the Next Financial Crisis
Matthew Diller'Fordham University School of LawPanelEric F. Grossman"Morgan StanleyRichard K. Kim'"Wachtell, Lipton, Rosen & KatzRichard SquirenFordham University School of LawKeynote AddressDaniel…
Poverty Lawyering in the Golden Age
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Dissonant Disability Policies: The Tensions between the Americans with Disabilities Act and Federal Disability Benefit Programs
Matthew Diller* I. Introduction Americans have contradictory attitudes toward individuals with disabilities. We respond to disability with a mixture of pity, admiration, paternalism, fear, bigotry,…
Lawyering for Poor Communities in the Twenty-First Century
Foreword: Continuity in the Presidency: Gaps and Solutions
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