Public Welfare Law
J.D. Course 1180 (cross-listed)
| 3 credit hours
Few areas of law define a society’s values more clearly than welfare law. In addition to obvious humanitarian concerns cited when programs for low-income people are established, policy judgments in this area are inevitably tinged with attitudes about the distribution of wealth, race, gender, and the scope that should be allowed to personal autonomy.
Traditionally, lawyers representing low-income people and social scientists have approached these issues separately from one another. Public officials often have ignored both. The result all too often has been litigation that fails to take full advantage of available research, policy analysis founded on unrealistic assumptions about the operations of human services programs, and legislation more reflective of slogans than a fair-minded response to the issues at hand. In different ways for each of these groups, the 1996 welfare law was a watershed event. It fundamentally changed what is possible in social policy, how social welfare issues are discussed, and the functions of lawyers, social scientists, and policymakers.
In the wake of that legislation, this course seeks to bridge these historical differences to build a more comprehensive understanding of where social welfare law has been, where it is likely to go in the future, and what are the best strategies available to lawyers seeking to influence its course. To that end, we will read a mix of historical materials, basic social science research, policy analysis, cases, and theoretical materials on many of the most important issues involving means-tested public benefit programs. Roughly half of the course will consider the basic structure of those programs as it had evolved prior to 1996, a structure that still survives in many significant respects. The remainder will consider the changes wrought by the 1996 legislation and what they portend for the future.
Each student will be expected to write two short reaction papers during the course of the term on a topic related to that week’s readings. This would help focus discussion for that week. At the conclusion of the term would be a take-home final examination. Evaluation would be based on the two reaction papers, contributions to class discussion, and the final exam.
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|This course is not currently scheduled.