August 30, 2008
Profile: Clare Pastore
Professor Pastore is also of counsel to the ACLU Foundation of Southern California, where she was Senior Counsel from 2004 to 2007. She serves as co-chair of the California State Bar Access to Justice Commission’s Model Statute Task Force and is a member of the Amicus Briefs Committee and Professional Responsibility and Ethics Committee of the Los Angeles County Bar. She is also a past member of the American Bar Association’s Homelessness and Poverty Commission.
From 1989 to 2004, Professor Pastore was a staff attorney at the Western Center on Law and Poverty, where she litigated many state and federal cases involving poverty law and disability rights. She received one of the nation’s first Skadden Fellowships to begin her work there in 1989. Professor Pastore holds a B.A. from Colgate University and a J.D. from Yale Law School, where she was a senior editor of the Yale Law Review. She clerked for Judge Marilyn Hall Patel, U.S. District Court for the Northern District of California, in 1988-89.
- "What Advocates Need to Know After Recent U.S. Supreme Court Decisions in Individuals with Disabilities Education Act Cases" (41 Clearinghouse Review 345 (September-October 2007)).
- "Life After Lassiter: An Overview of State Court Right to Counsel Decisions," 40 Clearinghouse Review 186 (July-August 2006).
- "The California Model Statute Task Force," 40 Clearinghouse Review 176 (July-August 2006).
- CalWORKs: A Comprehensive Guide to Welfare and Related Medi-Cal Issues for California Families (principal author & editor), Western Center on Law & Poverty 2000.
- Students & CalWORKs: A Guide to Educational Opportunities in
the CalWORKs Program (co-author), Western Center on Law & Poverty
August 27, 2008
Ellickson on Vouchers vs. Mixed Income Development
Robert C. Ellickson has posted "The Mediocrity of Government Subsidies to Mixed-Income Housing Projects" to SSRN. This is sure to be a must read for those interested in housing and poverty. The abstract is below:
Since the 1970s a new vehicle for the provision of housing assistance - the mixed-income, or inclusionary, project - has flowered in the United States. In a community of this sort, the developer and its government benefactors designate a fraction of the dwelling units, typically between 10 and 25 percent, as targets for the delivery of aid. Eligible households who successively occupy these particular units pay below-market rents, while the occupants of the other units do not. This article situates this innovation within the broader history of U.S. housing assistance policy and evaluates its merits. The central conclusion is that the mixed-income project approach, while superior to the traditional public-housing model, is in almost all contexts distinctly inferior to the provision of portable housing vouchers to needy tenants. Although prior commentators have also touted the voucher approach, the article enriches their analyses by addressing more fully the social consequences of various housing policies that might be used to economically integrate neighborhoods and buildings.
August 24, 2008
Bill Gates on Creative Capitalism to help the Global Poor
Recently Time Magazine published an article written by Bill Gates on harnessing the power to capitalism to help those who have been "left out" of the benefits of capitalism. Part celebration of capitalism, part call to action, the article is worth checking out: Bill Gates, "Making Capitalism More Creative," Time Magazine, July 31, 2008 [the above link includes ways to get the article podcast as well as an interview with Gates].
August 23, 2008
Call for Book Reviews: Women and the Law
Call for Book Reviews: Women and the Law
Proposals Due September 25, 2008
The editors of Pace Law Review invite proposals from scholars, researchers, practitioners and professionals for contributions to a special book review issue to be published in Winter 2008. We seeks proposals for reviews of any book published in 2008, 2007 or 2006 that contributes to the understanding of women’s experiences with the law.
Please submit book review proposals of no more than 500 words by attachment to email@example.com by September 25, 2008. Proposals should include (a) the intended reviewer’s name, title, institutional affiliation and contact information; (b) the title and publication date of the book proposed for review; (c) a description of the importance of the book to the general topic; and (d) any other information relevant to the book or proposed review (e.g., the proposed reviewer’s expertise or any relationship with the author). Authors are welcome, but not required, to submit a CV as well. We expect to make publication offers by October 1, 2008. Complete manuscripts from authors of accepted proposals will be due November 1, 2008. Completed book reviews should not exceed 8,500 words.
-Thanks to Bridget Crawford. E.R. firstname.lastname@example.org
August 22, 2008
Who are rich? Krugman in connection with the political question
McCain's "disconnect" (according to Moveon.org emails) from most Americans was arguably on display when he, caught off guard by a question from Pastor Rick Warren, said that someone was rich when they had an income of "$5 million." Video here. This comment inspired Paul Krugman, "Now That's Rich," New York Times, Aug. 22, 2008. In it he references Robert Frank's Richistan to challenge such a question by noting that there are many meanings and levels of "rich" -- personally I thought Krugman was a bit too quick to define lower Richistanis as being middle class, doing so in a way that while it may reflect the sentiments and perspective of those in that income bracket, would probably be seen as false when looking up rather than down income quintiles (as does both law professors and I assume Krugman as a syndicated author). The best graph I could find with U.S. distribution is here, but if you know of a better one, please let me know. Incidentally, Robert Frank has his own related blog, the Wealth Report, http://blogs.wsj.com/wealth.
Student debt related podcast: interview of Heather Jarvis, Equal Justice Works
Meredith R. Miller, a Touro Law professor, runs The Slippery Slope, www.theslipperyslope.com, a "legal variety podcast," and she recently posted a podcast of her conversation with Heather Jarvis of Equal Justice Works (author of Financing the Future: Responses to the Rising Debt of Law Students (2006)) of interest to professors and students:
Heather has been a tireless advocate for the new federal loan forgiveness law, the College Cost Reduction and Access Act ("CCRAA"), which was signed into law in September 2007. She is fluent in this complex rubric, and the interview is overflowing with indispensable information for anyone with student loan debt, anyone about to incur student loan debt, and anyone advising or mentoring someone with student loan debt.
UPDATE: Equal Justice Works launched a blog this week, http://equaljusticeworks.wordpress.com/, and it has new information on the Higher Education Authorization and Opportunity Act of 2008, which was signed into law on August 14 and created 4 new loan forgiveness programs that will benefit public interest lawyers.
-Thanks to Aaron Pickering with EJW for the update heads up, and as an editorial note, I am now with EJW's National Advisory Committee, E.R. email@example.com
August 20, 2008
Profile: E. Carol Spruill
E.Carol Spruill is Associate Dean for Public Interest and Pro Bono and a Senior Lecturing Fellow at Duke Law School. She has taught a seminar/clinic on Poverty Law every year since 1993. She began work at Duke Law School in 1991 to establish its Pro Bono Project. In the fall of 1993, she initiated the Public Interest Speakers Series and Book Club. She served as Assistant Dean and then Associate Dean for Academic Affairs from 1996 to 1999. In 1999, she became Duke Law's first dean of its new Office of Public Interest and Pro Bono .
Dean Spruill received both her undergraduate degree with honors in 1971 and her law school degree in 1975 from the University of North Carolina at Chapel Hill, and she studied law at Oxford University in the summer of 1974. She clerked for the Superior Court judges of the Commonwealth of Massachusetts in 1975-1976.
In 1976, she received a Reginald Heber Smith Community Lawyer Fellowship to begin her work as an attorney with Legal Services. She represented hundreds of clients on cases in areas including domestic violence, bankruptcies, evictions, consumer finance, government benefits and employment, and she also engaged in law reform work. She lobbied on debtor protection laws and child support enforcement laws, and helped draft North Carolina's first domestic violence legislation in 1978. She was on the board in two counties in initial efforts to start groups to protect battered women. She was co-counsel in Carter v. Morrow, one of the first federal class actions against the Child Support Enforcement (IV-D) Agency for failing to assist those not on welfare with their child support cases.
After eight years of representing clients in Legal Services, in 1984 she became Deputy Director of Legal Services of North Carolina, the third largest Legal Services program in the country, and served in that position from 1984 until 1991.
She also has worked as a consultant for Legal Services programs in New Jersey, Ohio and North Carolina, and taught for the Arkansas-based Southeast Training Center's Management Institute. She was a consultant for the Z. Smith Reynolds Foundation for five years as coordinator of its Sabbatical Program that awards grants to nonprofit leaders.
Dean Spruill has been active in several bar organizations. She served on the founding steering committee that incorporated the N.C. Association of Women Attorneys in the late 1970's and received its Public Service Award in 1984. She has been active in the Wake County Bar Association and on the board of the Tenth Judicial District Bar Association. She was a member of the National Legal Aid and Defender Association, and was on the national board of the Reginald Heber Smith Community Lawyer Fellowship program.
Dean Spruill has long been a member of the N.C. Bar Association and has been active on several committees, including its Task Force on Legal Education. She was co-chair of its Law School Liaison Committee for three years, and remains a member of it. In 1998-99, she served as a Vice-President of the North Carolina Bar Association. She also serves on the NCBA’s Public Service Advisory Committee. In 2007-2008, she will chair the Loan Repayment Assistance Program Committee as part of the NCBA President’s initiative on access to the civil justice system.
Dean Spruill has served on numerous civic boards. In 1982, she was appointed to North Carolina's Child Day Care Commission, first by Lt. Gov. Bob Jordan and later by Gov. James Hunt, where she served eight years and advocated to abolish corporal punishment in day care centers and to lower child staff ratios. She was an incorporator and the first Board Chair of the N.C. Association of Nonprofit Organizations. She was a member of the board of Carolina Legal Assistance, a legal services program for people with mental disabilities from 1996 to 2004 and has served as its Vice-President.
In 2006, Dean Spruill was appointed by the North Carolina Chief Justice to the North Carolina Equal Access to Justice Commission, and she serves as chair of its Working Group on Education. She was appointed to the National Advisory Committee of Equal Justice Works in 2004.
Dean Spruill lives in Raleigh with her husband, attorney Jack Nichols. They have two sons, one of whom is a graduate of Duke Law School.
-Taken from Dean Spruill's Duke faculty profile. E.R. firstname.lastname@example.org
August 19, 2008
Catholic Social Thought, the Poor, and Law Schools
A couple of recent publications focus on the relationship between Catholic -- specifically Jesuit -- social thought, work on behalf of the poor, and law schools. Personally, in one of my early poverty law classes I do go into some of the beliefs of different religious groups, something I borrowed from Bill Quigley, and these two articles explore, and to some degree challenge, what Jesuit law schools are and should be doing given a commitment to the poor. Being a non-Catholic (though I married one) I will refrain from comment, but the articles are below:
- John M. Breen, The Air in the Balloon: Further Notes on Catholic and Jesuit Identity in Legal Education, 43 Gonz. L. Rev. 41 (2007). Abstract here.
- An earlier publication of Breen's that is related is: Justice and Jesuit Legal Education: A Critique, 36 Loy. U. Chi. L.J. 383 (2005).
- Thomas More Donnelly, The Leaven of the World: Serving the Poor is Neither the Air in the Balloon Nor the Cherry on the Sundae, 43 Gonz. L. Rev. 607 (2007). Only available through Lexis or Westlaw.
August 18, 2008
Profile: Dan Hatcher
Prior to joining the faculty in 2004, Professor Hatcher was in a statewide position with the Maryland Legal Aid Bureau, serving as the assistant director of advocacy for public benefits and economic stability. He previously worked as a staff attorney for Legal Aid in the Baltimore Child Advocacy Unit representing abused and neglected children, and in the Metropolitan Maryland office representing clients in public benefits, housing, consumer and family law issues. He was also a senior staff attorney with the Children's Defense Fund in Washington, DC where he worked on policy development and legislative advocacy in areas impacting child and family poverty.
Professor Hatcher has testified before Congress, the Maryland General Assembly and in other governmental proceedings regarding several issues affecting children and low-income individuals and families.
Classes: Civil Advocacy Clinic I & II, Health Care Law, and Law and Poverty
- Child Support Harming Children: Subordinating the Best Interests of Children to the Fiscal Interests of the State, 42 WAKE FOREST L. REV. _____ (2007) (forthcoming).
- Foster Children Paying for Foster Care, 27 Cardozo L. Rev. 1797 (2006).
August 16, 2008
Call for Papers: Association for the Study of Law, Culture and the Humanities
The Association for the Study of Law, Culture and the Humanities is accepting proposals for panels and papers until Oct. 15, 2008 for their annual conference, meeting in 2009 at Suffolk Univ. Law School in Boston, Apr. 3-4, 2009. The call for papers is here. The Association's focus is broad (bringing together a wide range of people engaged in scholarship on legal history, legal theory, jurisprudence, law and cultural studies, law and literature, law and the performing arts, and legal hermeneutics. We want to encourage dialogue across and among these fields about issues of interpretation, identity, ideals, values, authority, obligation, justice, and about law's place in culture) and when I went a couple of years ago, I found that other participants were very supportive of junior faculty. Many poverty law topics would fit into their coverage.
August 15, 2008
Profile: Jeffrey Selbin
Jeff Selbin was appointed clinical professor in 2006 and is faculty director of the East Bay Community Law Center (EBCLC), Boalt Hall's community-based poverty law clinic. He founded EBCLC's HIV/AIDS Law Project in 1990 as a Skadden Fellow, and served as EBCLC’s Executive Director from 2002 through 2006.
Selbin is active in local and national clinical legal education and anti-poverty efforts. He is currently chair of the Poverty Law Section of the Association of American Law Schools (AALS) and co-chairs the Lawyering in the Public Interest (Bellow Scholar) Committee of the AALS Section on Clinical Legal Education. He is an elected member of the board of directors of the Clinical Legal Education Association. From 2004-2006 Selbin served on the California State Bar Committee on the Delivery of Legal Services, dedicated to improving and increasing access to justice for low-income Californians.
Selbin’s research interests include anti-poverty lawyering and community lawyering with an emphasis on evidence-based approaches. Recent publications include "From 'The Art of War' to 'Being Peace': Mindfulness and Community Lawyering in a Neoliberal Age", with Angela Harris and Margaretta Lin in the California Law Review (October 2007), and "Legal Aid, Law School Clinics and the Opportunity for Joint Gain", with Jeanne Charn in the Management Information Journal (Winter 2007).
In 2003, Selbin was recognized with Mary Louise Frampton as a Bellow Scholar by the AALS Clinical Section for his anti-poverty and access to justice efforts. In 2004, he was named a Wasserstein Fellow – honoring outstanding public interest lawyers – by the Harvard Law School. Since 2004, he has been named annually a northern California "Super Lawyer" by Law & Politics and the publishers of San Francisco Magazine.
B.A., University of Michigan (1983)
C.E.P., L'Institut d'Etudes Politiques (1986)
J.D., Harvard University (1989)
August 13, 2008
Interesting Article on Disadvantages of an Elite Education
Interesting (on class/education divisions and educational purpose):
- William Deresiewicz, "The Disadvantages of an Elite Education: Our best universities have forgotten that the reason they exist is to make minds, not careers," American Spectator (Summer 2008)
The article also has some elements with clear relevance for fly-out week and on campus recruiting.
August 7, 2008
For those who teach poverty law
I would like to publish profiles of those who teach poverty law so that it will be easier to know who is in the field and also so we can learn a little about each person.
With that in mind, I would love of those interested could email me with ideally either a bio or link to a bio as well as to some publically available research.
Final note, I am travelling this next week and a half so I may be slow responding to email and with posts.
August 4, 2008
Another (International) form of patient dumping of those who cannot afford care
August 3, 2008
Washington Post Series: "Hardest Hit: Hurt and Hope Among Low Wage Workers"
The Washington Post today published Michael A. Fletcher & Jon Cohen, "Hovering Above Poverty, Grasping for Middle Class" (Aug. 3, 2008), an article detailing the results of a survey (full report here) conducted by the Washington Post, the Henry J. Kaiser Family Foundation, and Harvard University. A good associated graphic goes with the story. The article is part of a larger series, "The Hardest Hit" that the Post will be publishing over the coming weeks.
The Washington Post website includes a number of good links (selection copied below):
- NPR, Profiles in Low Wage America
- Peter Schochet & Anu Rangarajan, Characteristics of Low Wage Workers and Their Labor Market Experiences (HHS Report 2004)
- Urban Institute, Low-Income Workers
- Rutgers, Working Hard But Staying Poor: A National Survey of the Working Poor and Unemployed (1999)
August 1, 2008
Call for Papers: Property Ownership and Economic Stability: A Necessary Relationship?
The Saint Louis University Public Law Review invites abstracts of articles relating to its Spring 2009 symposium theme: Property Ownership and Economic Stability: A Necessary Relationship? The symposium, which will be held on Friday, February 27, 2009, will consist of three round-table panel discussions examining the relationship between property ownership and economic stability for lower-income households, both in the United States and internationally.
- Property Ownership in the U.S.: New Definitions for a New Era? This panel will focus on the impact of both private and public land use restrictions, including common interest community servitudes and governance rules, on residential property rights.
- Property Rights and Economic Stability in the International Context This panel will consider how legal reforms in other countries, such as changes to the titling process and the role of homeowners associations, have affected the ability of low-income people to occupy or dispose of their residences.
- Ownership in Flux: the Role of the Federal Government in the Homeownership Debate This panel will examine the implications of a national emphasis on homeownership, as opposed to support for rental programs.
-Thanks to Jeff Selbin for the heads up. E.R. email@example.com