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Books > Law > Laws of other jurisdictions & general law > Social law > Social security & welfare law
The Evolving Pension System examines the foundations and the future of the private pension system. It provides a broad overview of the underlying assumptions, characteristics, and effects of existing pension policy, as well as alternative views on how public policy toward pensions should evolve in the future. Contributors include Robert Clark (North Carolina State University), Eric Engen (Federal Reserve Board), William G. Gale (Brookings Institution), Theodore Groom (Groom Law Group, Chartered), Daniel Halperin (Harvard), Alicia Munnell (Boston College), Leslie Papke (Michigan State University), Joseph Quinn (Boston College), Sylvester Schieber (Watson Wyatt), John B. Shoven (Stanford), and Jack Vanderhei (Temple University and EBRI). William G. Gale is the Joseph A. Pechman Fellow in the Economic Studies program at the Brookings Institution. John B. Shoven is Charles R. Schwab Professor at Stanford University. Mark J. Warshawsky is director of research at the TIAA-CREF Institute.
Extensive welfare, law, and policy reforms characterized the making and unmaking of Keynesian states in the 20th century. This collection highlights the gendered nature of these regulatory shifts and, specifically, the roles played by women - as reformers, welfare workers, and welfare recipients - in the historical development of welfare states. The contributors are leading feminist socio-legal scholars from a range of disciplines in the US, Canada, and Israel. Collectively, their analyses of women, law, and poverty speak to long-standing and ongoing feminist concerns: the importance of historically informed research, the relevance of women's agency and resistance to the experience of inequality and injustice, the specificity of the experience of poor women and poor mothers, the implications of changes to social policy, and the possibilities for social change. Such analyses are particularly timely as the devastation of neo-liberalism becomes increasingly obvious. The current world crisis of capitalism is a defining moment for liberal states - a global catastrophe that concomitantly creates a window of opportunity for critical scholars and activists to reframe debates about social welfare, work, and equality, and to reinsert the discourse of social justice into the public consciousness and political agenda of liberal democracies. (Series: Onati International Series in Law and Society)
We live in a world of mobile security threats and endemic structural injustice, but the United Nations' go-to solution of strategic management fails to stop threats and perpetuates injustice. Articulating Security is a radical critique of the UN's counter-terrorism strategy. A brilliant new reading of Foucault's concept of disciplinary power and a daring foray into psychoanalysis combine to challenge and redefine how international lawyers talk about security and management. It makes a bold case for the place of law in collective security for, if law is to help tackle injustice in security governance, then it must relinquish its authority and embrace anger. The book sounds an alarm to anyone who assumes law is not implicated in global security, and cautions those who assume that it ought to be.
Much has been written in charity law on the type of benefits that charities can provide - charitable purposes - and towards whom such benefits must be directed - the public benefit question. Almost nothing has been written about when benefits must be provided. However, accumulation of assets by charities raises profound ethical, economic and social considerations that are highlighted by the present retreat of the welfare state and the impact of the Global Financial Crisis and COVID-19. This book analyses the issue through a normative, doctrinal and comparative analysis of the legal constraints upon accumulation by charities. It reveals that the legal restraints contain significant gaps in relation to the intergenerational distribution of benefits and to the balance of decision-making between generations. In particular, the book asserts that there is room for law reform to better identify and incorporate principles of intergenerational justice into the regulation of charities.
"Law and Poverty: Perspectives from South Africa and Beyond" is a collection of essays by leading South African and international experts, as well as emerging young scholars. The collection focuses on key theoretical and strategic questions concerning the relationship between law and systemic poverty. The essays were first presented at a colloquium on Law and Poverty organised by the Stellenbosch Law Faculty, which took place from 29 to 31 May 2011. The range and richness of the essays illuminate the multifaceted nature and causes of poverty, as well as the possibility and limits of law in responding to the social injustice which poverty represents. By engaging with these questions, the book aims to deepen critical reflection and debate on law's ability to respond effectively to social and economic marginalisation. "The substantive content of law is influenced by how lawyers conceive and frame cases, by what theories we choose to advance, and what understanding of the legal process and the scope of judicial review we offer to the courts. Working on these questions is at best a modest contribution towards establishing a just society. But, as the learning, insight, imagination and intellectual daring on display in this collection of essays reveals, it is a contribution that should concern all those interested in the interrelationship between law and social justice." Prof Karl Klare, George J and Kathleen Waters Matthews Distinguished University Professor, Northeastern University School of Law The collection was edited by Sandra Liebenberg, HF Oppenheimer Chair in Human Rights Law at the University of Stellenbosch Law Faculty, and Geo Quinot, Professor of Law at Stellenbosch Law Faculty and Editor of the "Stellenbosch Law Review." Professors Liebenberg and Quinot co-direct a newly formed research and postgraduate training project on Socio-Economic Rights and Administrative Justice (SERAJ) based at the Stellenbosch Law Faculty.
This book addresses a topic that is currently high on the agenda in many fora: how to specify and secure a social minimum. The term 'social minimum' has different meanings, depending on the context. These contexts are examined in this book from different perspectives, including law, sociology, philosophy, politics and economics. In the first part, the social minimum is discussed from a conceptual and theoretical point of view. The second part shows the various ways in which the social minimum can be specified and measured. There is a need for new indicators that take into account, for instance, aspects of adequate social participation. As this part shows, the choice of indicators is closely intertwined with political choices. The third part approaches the social minimum from the perspective of legal obligations, addressing the nature of different obligations imposed on individuals and states. The fourth part deals with the question of social minimum in the context of courts, adjudication and justiciability. The role of international treaties and national constitutions - the interpretation of the rights they enshrine and the way these are dealt with by expert committees and courts - is discussed with a view to understanding how the guarantee of a social minimum can be promoted within individual countries. Besides being of interest for academics in fields ranging from legal theory and human rights to the social sciences, the book also serves as an important source for students as well as practitioners interested in the social minimum, and anyone who wants to gain an insight into the current debates on this extremely important issue.
How is religion, particularly non-Christianness, conceptualised and represented in English law? What is the relationship between religion, race, ethnicity and culture in these conceptualisations? What might be the socio-political effects of conceptualising religion in particular ways? This book addresses these key questions in two areas of law relating to children. The first case study focuses on child welfare cases and reveals how the boundaries between race and theological notions of religion as belief and practice are blurred. Non-Christians are also often perceived as uncivilized but also, at times, racial otherness can be erased and assimilated. The second examines religion in education and the increasing focus on 'common values'. It demonstrates how non-Christian faith schools are deemed as in need of regulation, while Christian schools are the benchmark of good citizenship. In addition, values discourse and citizenship education provide a means to 'de-racialise' non-Christian children in the ongoing construction of the nation. Central to this analysis is a focus on religion as a socio-political, contingent, fluid and invented concept.
Exploring exactly how the provisions and principles of the Act are implemented in practice, The Care Act 2014 brings together the work of experts across the fields of social work, social policy and care, law, mental health, mental capacity and safeguarding. Case studies developed through the chapters will help you to understand how the Act relates to social work practice, alongside evidence from research, case law and service user and carer testimonies. Mapped closely to both the social work curriculum, and the post-qualifying standards, the book will support social work students in developing good practice through learning, and will further critical reflection of this crucial piece of legislation for practitioners pursuing their continuing professional development.
This expanded and updated edition of Legal Issues in Child Abuse and Neglect Practice will familiarize professionals from medicine, nursing, psychology, social work, and related disciplines with the innumerable legal implications in their day-to-day work. Offering a state-of-the-art exploration of the role that law can play in cases of child maltreatment, this edition closes the communication gap between legal and helping professionals that sometimes reduces efficacy and cooperation in achieving the common goal of improving the lives of victimized children. This new edition continues to provide vital information to non-lawyers regarding how the legal system works in child maltreatment cases. John E. B. Myers discusses the prevalence and effects of child maltreatment, and he outlines the child protection system with clarity. Other areas covered include the investigation and reporting laws, issues of confidentiality and disclosure, expert testimony, cross examination and impeachment, and the liability of professionals. Legal Issues in Child Abuse and Neglect Practice is a must-read for mental health and legal professionals, health care providers, educators, and child advocates. Advanced clinical and legal students as well as academics and researchers will also find this material essential.
This book analyses the impact of European tax and benefit systems on incentives to create and take up jobs. European policymakers face tough choices as reforms to these systems are costly and recognising and understanding the complex trade-offs involved - a pre-condition to pushing the reform process forward - is the aim of this volume. The authors, experts in public and welfare economics, investigate the problems involved in re-designing tax and benefit systems in Europe, the cross-country spillovers of 'bad' domestic policies and the peer pressure from closer policy co-operation in EMU. They examine reforms in tax and welfare systems and suggest ways in which to improve their efficiency without undermining the equitable foundations of the European social model. While aiming at a high degree of generality, the analyses are rooted firmly in the experience of European countries and the conclusions are therefore all the more relevant and of interest to policymakers in Europe, as well as the rest of the world. The blend of theoretical and institutional analysis, policy suggestions and case studies of relevant European success stories will ensure this book appeals to policymakers and scholars of welfare, European and labour studies.
Title 45 presents regulations governing highly diverse welfare programs and projects. Family assistance, child support enforcement, the Commission on Civil Rights, community services, the National Foundation for the Arts and the Humanities, refugee resettlement, foreign claims settlement, the National Science Foundation, ACTION, and human development services (ranging from Head Start to programs for older persons), are among the topics included. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.
Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical aid in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.
With welfare to work programmes under intense scrutiny, this book reviews a wide range of existing and future policies across Europe. Seventeen contributors provide case studies and legal, sociological and philosophical perspectives from around the continent, building a rich picture of welfare to work policies and their impact. They show how many schemes do not adequately address social rights and lived experiences, and consider alternatives based on theories of non-domination. For anyone interested in the justice of welfare to work, this book is an important step along the path towards more fair and adequate legislation.
Experiences of the struggle for housing, ignited by the lack of social and affordable housing, have led to the establishing of shared and self-managed housing areas. In such a context, it becomes crucially important to re-think the need to define common urban worlds "from below". Here, Penny Travlou and Stavros Stavridis trace contemporary practices of urban commoning through which people re-define housing economies. Connecting to a rich literature on the importance of commons and of practices of commoning for the creation of emancipated societies, the authors discuss whether housing struggles and co-habitation experiences may contribute in crucial ways to the development of a commoning culture. The authors explore a variety of urban contexts through global case studies from across the Global North and South, in search of concrete examples that illustrate the potentialities of urban commoning.
Over the last three decades, welfare policies have been informed by popular beliefs that welfare fraud is rampant. As a result, welfare policies have become more punitive and the boundaries between the welfare system and the criminal justice system have blurred-so much so that in some locales prosecution caseloads for welfare fraud exceed welfare caseloads. In reality, some recipients manipulate the welfare system for their own ends, others are gravely hurt by punitive policies, and still others fall somewhere in between. In Cheating Welfare, Kaaryn S. Gustafson endeavors to clear up these gray areas by providing insights into the history, social construction, and lived experience of welfare. She shows why cheating is all but inevitable-not because poor people are immoral, but because ordinary individuals navigating complex systems of rules are likely to become entangled despite their best efforts. Through an examination of the construction of the crime we know as welfare fraud, which she bases on in-depth interviews with welfare recipients in Northern California, Gustafson challenges readers to question their assumptions about welfare policies, welfare recipients, and crime control in the United States.
This book contains the Agreements on Social Security between the United States and Iceland, Uruguay and the Republic of Slovenia. The Agreements are similar in objective and content to the social security totalization agreements already in force with other leading economic partners in Europe and elsewhere, including Australia, Canada, Chile, Japan, Norway, the Republic of Korea, and Switzerland. Such bilateral agreements provide for limited coordination between the United States and foreign social security systems to eliminate dual social security coverage and taxation and to help prevent the loss of benefit protection that can occur when workers divide their careers between two countries.
This annual title from CPAG contains all the relevant primary and secondary legislation governing housing benefit and the council tax reduction schemes in England, Wales and Scotland. With expert commentary on the rules, the latest caselaw, official guidance and advice on administrative and practical issues, it is an essential resource for anyone dealing with housing benefit enquiries, especially those preparing and presenting appeals, as well as lawyers, local authority staff and housing organisations. Used in all housing benefit cases coming before the First-tier Tribunal, it includes an updating Supplement in summer 2020.
Social Security (comprising Old-Age and Survivors Insurance (OASI) and Disability Insurance (DI)) is the largest single program in the federal governments budget. In 2010, annual outlays for the program exceeded annual revenues (excluding interest) credited to the combined trust funds. A gap between those amounts has persisted since then, and in fiscal year 2015 outlays exceeded tax revenues by almost 9 percent. As the baby-boom generation retires over the next 10 years, the Congressional Budget Office (CBO) projects, the gap will widen between amounts credited to the trust funds and payments to beneficiaries. This book considers 36 policy options that are among those commonly proposed by policymakers and analysts as a means of restoring financial security to the Social Security program. Furthermore, this book presents additional information about CBOs long-term projections for Social Security in the form of 15 exhibits that illustrate the programs finances and the distribution of benefits paid to and payroll taxes collected from various groups of people.
The last decade has presented major challenges for many Americans economic security. The most severe recession since the 1930s significantly impacted the national economy and household budgets. With high unemployment and a slow recovery, many Americans sought income from various sources, including unemployment and disability benefits, and some claimed Social Security retirement benefits earlier than they had planned. Through all of this, Social Security has remained the bedrock of retirement security, providing benefits to tens of millions of older Americans, while also providing benefits to survivors and other dependents, as well as workers with disabilities and their families. Social Security has helped reduce poverty among older Americans and people with disabilities; many beneficiaries rely on Social Security for the majority of their income. However, demographic shifts associated with the aging baby boom generation, along with the effects of the 2007 to 2009 recession, have strained Social Securitys finances. This book is intended to describe, in a concise and easy-to-understand way, the complexities of Social Security, the challenges the programs face, and the options available to address these challenges.
Congressional interest in the laws and processes involved in conditioning U.S. assistance to foreign security forces on human rights grounds has grown in recent years, especially as U.S. Administrations have increased emphasis on expanding U.S. partnerships and building partnership capacity with foreign military and other security forces. Congress has played an especially prominent role in initiating, amending, supporting with resources, and overseeing implementation of long-standing laws on human rights provisions affecting U.S. security assistance. This book provides background on the Leahy laws, including a brief history of their legislative development; an overview guide to the standards and processes used to "vet"that is, review and clearforeign military and other security forces for gross violations of human rights; and a brief review of salient issues regarding the provisions of the laws and their implementation. It also examines the extent to which State and DOD provide guidance to their personnel to address the Leahy laws; how the State monitors whether U.S. embassies have developed procedures to address the requirements of the Leahy laws; how the state provides training to personnel who conduct human rights vetting; assesses the extent to which DOD and State safeguard U.S. military technologies sold or exported to the Gulf countries; provide similar or differing levels of protection for the same military technologies; and vet recipients of U.S.-funded military training and equipment for potential human rights violations.
In March 2010, the 111th Congress passed health reform legislation, the Patient Protection and Affordable Care Act (ACA). ACA increases access to health insurance coverage, expands federal private health insurance market requirements, and requires the creation of health insurance exchanges to provide individuals and small employers with access to insurance. It also expands Medicaid coverage. The costs to the federal government of expanding health insurance and Medicaid coverage are projected to be offset by increased taxes and revenues and reduced spending on Medicare and other federal health programs. This book provides an overview of major ACA provisions, implementation and oversight activities.
Housing Conditions: tenants' rights is the definitive legal guide to bad housing conditions in rented accommodation in England. It covers the private rented sector, council housing and homes let by housing associations or other social landlords. Previously titled Repairs: tenants' rights, it has long been recognised as the essential text for all housing advisers and lawyers dealing with disrepair and other adverse conditions affecting residents in rented housing accommodation. The Homes (Fitness for Human Habitation) Act 2018, coming into force in March 2019, is the biggest advance in tenants' rights relating to housing conditions for a generation. Initially, it will require all new lettings to be of homes fit for habitation and that they be kept fit. It will further come to apply to virtually all residential tenancies whenever granted. This new edition takes a broader approach to housing conditions in the light of the new Act and this is reflected in the new title and also a significant revision and restructuring of the content. The text of the book is now concerned more generally with problems arising from the poor condition of much rented housing. It deals with fitness for human habitation and with health and safety issues going well beyond the traditional concern of lawyers and other advisers with the topic of repair/disrepair (while also dealing with those issues). Housing Conditions: tenants' rights outlines what tenants can do to obtain better conditions themselves, but also what local councils, responsible for housing conditions in their areas, can do to help them achieve improved conditions. Contents include: *landlords' obligations *enforcing rights *private tenants: involving the local council *funding *proceedings under the Environmental Protection Act 1990 *criminal proceedings and rogue landlords *infestations, hazards and absence of amenities *compensation *Practical step-by-step guidance on how to bring a disrepair claim *Extensive set of precedents with worked examples used at all stages of the court process, extracts from legislation and helpful guidance on technical information Housing Conditions: tenants' rights is about bad housing conditions in rented accommodation in England. It is primarily written for the assistance of the occupiers of that housing and their advisers, but it will also be useful to landlords, providers of accommodation and to those who advise them. Written and structured in an accessible and practical way, it is an indispensable resource for both non-lawyers and busy practitioners.
The right to social security, found in international law and in the constitutions of many nations, contributes to the alleviation of poverty globally. Social security and its articulation as a human right have received increased attention in recent years both in response to austerity cuts to welfare in developed countries and as a means of lifting millions out of poverty in developing countries. Women, disproportionately affected by poverty in all parts of the world, stand to gain from a right to social security that takes cognisance of gender discrimination and disadvantage. This book interprets and redefines the right to social security from a gender perspective. Drawing on feminist theory, the book formulates a conceptual approach and a set of principles for a substantively equal, gendered right to social security. In so doing, it challenges the relationship between the right to social security and traditional conceptions of work that exclude women's labour including their caring roles. It argues that the right must have application at the transnational level if it is to address the changing nature of women's work due to globalisation. The book applies the framework and principles it develops to a study of international law focusing on the work of key United Nations human rights bodies. It also demonstrates the value of this framework in its analysis of three countries' social security programmes - South Africa, Australia and India. In combining feminist thought on the nature of work and care with equality theories in developing the right to social security from a gender perspective this book expands the capacity of the right to advance gender equality and address gendered poverty.
Title 45 presents regulations governing highly diverse welfare programs and projects. Family assistance, child support enforcement, the Commission on Civil Rights, community services, the National Foundation for the Arts and the Humanities, refugee resettlement, foreign claims settlement, the National Science Foundation, ACTION, and human development services (ranging from Head Start to programs for older persons), are among the topics included. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months. |
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