22 research outputs found

    Lifting Burdens: Proof, Social Justice, and Public Assistance Administrative Hearings

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    In Lifting Burdens: Proof, Social Justice, and Public Assistance Administrative Hearings, Lisa Brodoff describes the administrative hearing system for public assistance recipients and applicants, and asserts that it is the primary social justice system for the poor. She discusses why public assistance appellants are always placed at a significant disadvantage in this system. The article proposes that the best way to even out the inequities in adjudications is to always place the burdens of production and persuasion by clear and convincing evidence on the government in these hearings. She argues that policy, efficiency, and fairness require a consistent and heavy burden on the state when it attempts to take away or deny brutal needs benefits. This article examines other administrative substantive areas where the burden is placed on the government in hearings, and shows why the policies behind the changed burden in those areas apply with equal force to public benefits hearings. She demonstrates why a new and heavy burden on the agency will not only result in more equitable adjudications but also lead to better managed public assistance programs. Finally, she suggests ways in which to implement this change

    Planning for Alzheimer\u27s Disease with Mental Health Advance Directives

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    Mental Health Advance Directives (MHAD) have long been used for life planning in the context of debilitating mental conditions such as dementia and schizophrenia. As early detection and diagnosis of Alzheimer\u27s disease has become increasingly more possible, Professor Brodoff argues in this Article that MHADs can be an extremely effective tool for planning for a future with Alzheimer\u27s disease. Professor Brodoff suggests that all attorneys who assist clients with estate planning create a MHAD, particularly those clients who have been diagnosed with Alzheimer\u27s disease and those with the disease in their families. The MHAD is designed to aid caregivers and medical professionals with determining the best methods for administering care for this individual, listing particular life values, preferred methods of care and treatment, and other life decisions, such as how to finance long-term care, when to stop driving, and how to handle future intimate relationships. Professor Brodoff argues that this will result in better care tailored to a particular individual\u27s needs and increased patient involvement in his or her own decision making, which reduces the burden of shifting the decision making to a family member or other caregiver

    Lifting Burdens: Proof, Social Justice, and Public Assistance Administrative Hearings

    Get PDF

    Planning for Alzheimer\u27s Disease with Mental Health Advance Directives

    Get PDF
    Mental Health Advance Directives (MHAD) have long been used for life planning in the context of debilitating mental conditions such as dementia and schizophrenia. As early detection and diagnosis of Alzheimer\u27s disease has become increasingly more possible, Professor Brodoff argues in this Article that MHADs can be an extremely effective tool for planning for a future with Alzheimer\u27s disease. Professor Brodoff suggests that all attorneys who assist clients with estate planning create a MHAD, particularly those clients who have been diagnosed with Alzheimer\u27s disease and those with the disease in their families. The MHAD is designed to aid caregivers and medical professionals with determining the best methods for administering care for this individual, listing particular life values, preferred methods of care and treatment, and other life decisions, such as how to finance long-term care, when to stop driving, and how to handle future intimate relationships. Professor Brodoff argues that this will result in better care tailored to a particular individual\u27s needs and increased patient involvement in his or her own decision making, which reduces the burden of shifting the decision making to a family member or other caregiver

    Introduction: Civil Legal Representation

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    We Have a Dream: Integrating Skills Courses and Public Interest Work in the First Year of Law School (and Beyond)

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    The clinical and legal writing faculty at the Seattle University School of Law are experimenting with collaborative teaching projects that bring real clients and real legal problems into the first year curriculum. These “integrated skills projects” engage first year students with legal writing faculty, clinical faculty, and public interest work. These projects provide first year students with exceptional training in practical skills, generate remarkable student satisfaction, and re-ignite student passion for the practice of law. This essay (1) introduces a “continuum” of integrated legal skills projects, featuring applied examples of activities that range from discrete to more ambitious; (2) surveys the benefits that we have seen at Seattle University School of Law from the various collaborative projects we have engaged in; and (3) offers some practical tips for getting started with collaborative projects

    We Have a Dream: Integrating Skills Courses and Public Interest Work in the First Year of Law School (and Beyond)

    Get PDF
    The clinical and legal writing faculty at the Seattle University School of Law are experimenting with collaborative teaching projects that bring real clients and real legal problems into the first year curriculum. These “integrated skills projects” engage first year students with legal writing faculty, clinical faculty, and public interest work. These projects provide first year students with exceptional training in practical skills, generate remarkable student satisfaction, and re-ignite student passion for the practice of law. This essay (1) introduces a “continuum” of integrated legal skills projects, featuring applied examples of activities that range from discrete to more ambitious; (2) surveys the benefits that we have seen at Seattle University School of Law from the various collaborative projects we have engaged in; and (3) offers some practical tips for getting started with collaborative projects

    Brief of Amicus Curiae Fred T Korematsu Center for Law and Equity

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    Civil Right to Counsel Initiativ
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