Event Title
The New Role of the Courts in Developing Public Welfare Law
Location
Duke Law School
Start Date
6-2-1970 9:00 AM
End Date
6-2-1970 10:15 AM
Description
Three years ago it could be said that the federal courts played virtually no role in shaping the rules which determine whether an individual is eligible for public assistance under federally financed programs. The intervening period has seen a dramatic change. Whereas until January 1967 the federal courts had finally adjudicated but one action on welfare grants under 42 U.S.C. § 1983, the provision most readily invoked for such action, the Commerce Clearing House today publishes the Poverty Law Reporter to inform practicing attorneys of pending litigation and court decisions in this rapidly developing field.
This article will attempt to examine both the reasons for and the significance of this burst of welfare litigation activity. Before doing so, however, it is necessary to outline briefly the statutory structure of public welfare in the United States and the mechanisms by which welfare rules were developed before the courts were projected onto the scene.
Related Paper
St. John Barrett, The New Role of the Courts in Developing Public Welfare Law, 1970 Duke Law Journal 1-24 (1970)
Available at: http://scholarship.law.duke.edu/dlj/vol19/iss1/1
The New Role of the Courts in Developing Public Welfare Law
Duke Law School
Three years ago it could be said that the federal courts played virtually no role in shaping the rules which determine whether an individual is eligible for public assistance under federally financed programs. The intervening period has seen a dramatic change. Whereas until January 1967 the federal courts had finally adjudicated but one action on welfare grants under 42 U.S.C. § 1983, the provision most readily invoked for such action, the Commerce Clearing House today publishes the Poverty Law Reporter to inform practicing attorneys of pending litigation and court decisions in this rapidly developing field.
This article will attempt to examine both the reasons for and the significance of this burst of welfare litigation activity. Before doing so, however, it is necessary to outline briefly the statutory structure of public welfare in the United States and the mechanisms by which welfare rules were developed before the courts were projected onto the scene.
Comments
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