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November 6, 2008

Two new articles of interest posted to SSRN

From SSRN Economic Inequality and Law Abstracts:

William E. Forbath, The Politics of Race, Rights and Needs -- And the Perils of a Democratic Victory in Post-Welfare America, 20 Yale Journal of Law and Feminism 195 (2008).  Abstract below:

Welfare is dead; but social rights are coming back. The 2008 election has brought the right to health care, to decent education, even to decently paid work back into circulation. What forms might a rekindled social citizenship take under a Democratic administration? What are its promises and perils? And for those concerned about the perils of exclusion for poor people of color, what might be done to push an Obama administration toward more pro-poor policies? What might a poor people's movement look like in the 2010s; and what can we learn from the strategies, insights and blind spots, the achievements and shortcomings of the Welfare Rights Movement of the 1960s? This review essay offers a few reflections.

Wendy A. Bach, Welfare Reform, Privatization and Power: Reconfiguring Administrative Law Structures from the Ground Up, 74 Brooklyn L. Rev. __ (2008).  Abstract below:

Since welfare reform in 1996, privatization has led to a radical reconfiguration in the dominant mode of governance in public benefits programs. The United States has largely moved from systems controlled through law and regulation to systems controlled through contracts. With this shift has come a significant diminishment in public accountability in general and, more specifically, a diminishment in the ability of poor communities and their advocates to intervene in the making of welfare policy. At the same time, privatization has proven to be an extraordinarily effective mechanism for imposing highly punitive welfare programs on poor communities. Building upon the findings of grassroots, community-controlled research on the effectiveness of privatized welfare-to-work programs, this article argues that "collaborative" or "new governance" structures provide potentially meaningful opportunities for increasing public accountability in privatized welfare settings. However, given the long history and current practice of using welfare programs as a means of subordination, these structures must be configured in a way that makes primary and renders substantive the role of low income communities in the new collaborative governance enterprise.

-E.R. erosser@wcl.american.edu

November 6, 2008 in Books/Articles/Reports of Interest | Permalink

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