Reforming Welfare
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Lawyers and the Secret Welfare State
Fordham Law Review Volume 84 Issue 5 Article 3 2016 Lawyers and the Secret Welfare State Milan Markovic Texas A&M University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Social Welfare Law Commons Recommended Citation Milan Markovic, Lawyers and the Secret Welfare State, 84 Fordham L. Rev. 1845 (2016). Available at: https://ir.lawnet.fordham.edu/flr/vol84/iss5/3 This Colloquium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. LAWYERS AND THE SECRET WELFARE STATE Milan Markovic* INTRODUCTION The United States assists its less fortunate citizens through a wide variety of federal and state programs.1 However, public assistance is far more extensive in other developed countries.2 To receive welfare benefits, U.S. citizens must meet stringent eligibility requirements3 and work thirty hours a week or engage in community service.4 Despite the passage of the Patient Protection and Affordable Care Act5 (PPACA or “the Affordable Care Act”), Americans do not have national health insurance.6 Few Americans * Associate Professor of Law, Texas A&M University School of Law. This Article is part of a larger colloquium entitled Lawyering in the Regulatory State held at Fordham University School of Law. For an overview of the colloquium, see Nancy J. Moore, Foreword: Lawyering in the Regulatory State, 84 FORDHAM L. -
The Rise of the Dynamic Welfare State Its Roots, Evolution, and Opportunities
New America Foundation Asset Building Program The Rise of the Dynamic Welfare State Its Roots, Evolution, and Opportunities David Stoesz* April 2013 The American welfare state has been more malleable than its European counterparts. While this can be attributed to historical circumstances, adverse effects of social programs, notably public assistance and child welfare, are contributing factors. In recent decades, the private sector has become more influential in shaping American social welfare through demonstrations emerging from the nonprofit sector, the shaping of public philosophy by policy institutes, and the ability of corporate providers to conform policy to their preferences. In interaction, these reflect the emergence of a dynamic welfare state. In contrast to the classical welfare state, the emergence of what can be termed the dynamic welfare state highlights three themes: mobility, empowerment, and innovation. The implementation of evidence-based policy and programs can serve as a source of continual renewal of social welfare in the United States. Since its deployment with the passage of the Social Security policy debate about optimizing social welfare in the U.S.1 Act of 1935, the welfare state has become embedded in the Empirical research on the actual performance of social American experience. It represents a public institution by programs as experienced by citizens has, by comparison to which citizens are ensured protection against poverty, the ideological disputes, only recently become available. unemployment, illness, disability, -
Cross-National Perspective on the American Welfare State
A Cross-National Perspective on the American Welfare State Oxford Handbooks Online A Cross-National Perspective on the American Welfare State Julia Lynch Oxford Handbook of U.S. Social Policy Edited by Daniel Béland, Kimberly J. Morgan, and Christopher Howard Print Publication Date: Dec 2014 Subject: Political Science, U.S. Politics Online Publication Date: Jan 2014 DOI: 10.1093/oxfordhb/9780199838509.013.023 Abstract and Keywords The welfare system in the United States is not simply “small,”“residualist,” or “laggard.” It is true that protection against standard social risks is generally less comprehensive and less generous in the United States than in other rich democracies, but there are other important differences as well: The U. S. welfare state is unusual in its extensive reliance on private markets to produce public social goods; its geographic variability; its insistence on deservingness as an eligibility criterion; and its orientation toward benefits for the elderly rather than children and working-age adults. Nevertheless, the U.S. welfare state is not sui generis. The actors involved in the construction of the U.S. welfare state, the institutions created in response to social problems, and the contemporary pressures confronting the welfare state all have parallels in other countries. The markets that provide so many social goods in the United States are the products of state action and state regulation, and hence should really be thought of as part of the welfare “state.” Even recent expansions to the welfare state in the United States have, with the partial exception of health-care reform, reinforced old patterns of elderly oriented spending and benefits for worthy (working) adults. -
The Precursors, Politics, and Policies of Wisconsin and Federal Work-Based Welfare Reform Dissertation Pr
From Welfare to Work: the Precursors, Politics, and Policies of Wisconsin and Federal Work-Based Welfare Reform Dissertation Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Rebecca G. Barrett Graduate Program in History The Ohio State University 2012 Dissertation Committee: Paula Baker, Advisor Daniel Amsterdam Kevin Boyle Copyright By Rebecca G. Barrett 2012 Abstract The idea that the able-bodied poor should be required to work for their aid was not the product of a backlash from the 1960s but was an ideology that existed from the beginning of aid to the poor. The emphasis on work being the solution to poverty, and an extreme aversion to providing cash aid to the poor existed long before the government ever got into the business of public aid. Wisconsin led the nation in work-based welfare reform in the 1980s and 1990s, but the state had been a policy innovator for almost a century; so much so that during the progressive era Wisconsin earned the nickname 'the laboratory of democracy.' One of the areas in which Wisconsin was an innovator was social welfare policy. The nation followed Wisconsin's lead when developing mothers’ pensions, Aid for Dependent Children in 1935, and its replacement, Temporary Assistance For Needy Families, in 1996. This project will trace work-based welfare reform in Wisconsin and nationally demonstrating how Wisconsin was an innovator in social welfare policy both at the beginning of the welfare state and at the end of welfare as we knew it in 1997. -
Federalism and the Welfare State: New World and European
This page intentionally left blank Federalism and the Welfare State In this unique and provocative contribution to the literatures of political science and social policy, ten leading experts question the prevailing view that federalism always inhibits the growth of social solidarity. Their comparative study of the evolution of political institutions and welfare states in the six oldest federal states – Australia, Austria, Canada, Germany, Switzerland and the USA – reveals that federalism can facilitate as well as impede social policy development. Development is contingent on sev- eral time dependent factors, including the degree of democra- tization, the type of federalism, and the stage of welfare state development and early distribution of social policy responsibil- ity. The reciprocal nature of the federalism–social policy relation- ship is also made evident: the authors identify a set of important bypass structures within federal systems that have resulted from welfare state growth. In an era of retrenchment and unravelling unitary states, this study suggests that federalism may actually protect the welfare state, and welfare states may enhance national integration. is Assistant Professor at the Centre for Social Policy Research, University of Bremen, and principal investigator at its TranState Research Centre. is Professor of Public and Social Policy in the Department of Political Science at the University of Bremen and co-initiator of the Bremen TranState Research Centre. . is Professor of Social and Public Policy at the University of Edinburgh. Federalism and the Welfare State New World and European Experiences Edited by HERBERT OBINGER, STEPHAN LEIBFRIED and FRANCIS G. CASTLES Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge ,UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridg e.org /9780521847384 © Cambridge University 2005 This book is in copyright. -
Lawyers and the Secret Welfare State
LAWYERS AND THE SECRET WELFARE STATE Milan Markovic* INTRODUCTION The United States assists its less fortunate citizens through a wide variety of federal and state programs.1 However, public assistance is far more extensive in other developed countries.2 To receive welfare benefits, U.S. citizens must meet stringent eligibility requirements3 and work thirty hours a week or engage in community service.4 Despite the passage of the Patient Protection and Affordable Care Act5 (PPACA or “the Affordable Care Act”), Americans do not have national health insurance.6 Few Americans * Associate Professor of Law, Texas A&M University School of Law. This Article is part of a larger colloquium entitled Lawyering in the Regulatory State held at Fordham University School of Law. For an overview of the colloquium, see Nancy J. Moore, Foreword: Lawyering in the Regulatory State, 84 FORDHAM L. REV. 1811 (2016). 1. IRWIN GARFINKEL ET AL., WEALTH & WELFARE STATES: IS AMERICA A LAGGARD OR LEADER? 2 (2010). 2. See MICHAEL B. KATZ, THE PRICE OF CITIZENSHIP 15 (2001) (“The American welfare state . stands out for what it lacks.”); see also GARFINKEL, supra note 1, at 107 (“[The United States] has also consistently lagged behind other rich nations in providing cash and social insurance benefits.”). 3. Welfare in the United States is a federal program that is administered by the states pursuant to the Temporary Assistance for Needy Families program. See Personal Responsibility and Work Opportunity Reconciliation Act, Pub. L. No. 104-193, § 402(a)(1)(A), 110 Stat. 2105, 2113–14 (1996). Most states require individuals to be well below the federal poverty level to collect benefits. -
THE EARNED INCOME TAX CREDIT Nada Eissa Hilary Hoynes Working
NBER WORKING PAPER SERIES REDISTRIBUTION AND TAX EXPENDITURES: THE EARNED INCOME TAX CREDIT Nada Eissa Hilary Hoynes Working Paper 14307 http://www.nber.org/papers/w14307 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 September 2008 This paper was prepared for the conference on "Incentive and Distributional Consequences of Tax Expenditures" held on March 27-29, 2008 in Bonita Springs, Florida. We wish to thank Emmanuel Saez for helpful comments, Dan Feenberg for special tabulations from TAXSIM, Ankur Patel for excellent research assistance, conference participants, and Henrik Kleven for useful discussions. The views expressed herein are those of the author(s) and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peer- reviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications. © 2008 by Nada Eissa and Hilary Hoynes. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. Redistribution and Tax Expenditures: The Earned Income Tax Credit Nada Eissa and Hilary Hoynes NBER Working Paper No. 14307 September 2008 JEL No. H2 ABSTRACT This paper examines the distributional and behavioral effects of the Earned Income Tax Credit (EITC). We chart the growth of the program over time, and argue several expansions show that real responses to taxes are important. We use tax data to show the distribution of benefits by income and family size, and examine the impacts of hypothetical reforms (expansions and contractions) to the credit.