Rights, Redistribution, and the Rise of the “Litigation State”: The Case of Disability Discrimination Laws

2021 ◽  
pp. 1-38
Author(s):  
David Freeman Engstrom ◽  
David K. Hausman
Keyword(s):  
Empirical Test ◽  
State Level ◽  
Welfare Programs ◽  
Cost Shifting ◽  
Disability Discrimination ◽  
Social Welfare Programs ◽  
Disability Law ◽  
Fresh Perspective ◽  
Legislative Choice ◽  
Cost Shift

Critics have long maintained that the rights revolution and, by extension, the postwar turn to litigation as a regulatory tool, are the product of a cynical legislative choice. On this view, legislators choose rights and litigation over alternative regulatory approaches to shift costs from on-budget forms (for example, publicly funded social provisions, public enforcement actions by prosecutors or agencies) to off-budget forms (for example, rights-based statutory duties, enforced via private lawsuits). This “cost-shift” theory has never been subjected to sustained theoretical scrutiny or comprehensive empirical test. This article offers the first such analysis, examining a context where the cost-shift hypothesis is at its most plausible: disability discrimination laws, which shift costs away from social welfare programs by requiring that employers hire and “accommodate” workers with disabilities. Using a novel dataset of state-level disability discrimination laws enacted prior to the federal-level Americans with Disabilities Act (ADA) and a range of archival and other materials drawn from state-level legislative campaigns, we find only limited support for the view that cost shifting offered at least part of the motivation for these laws. Our findings offer a fresh perspective on long-standing debates about American disability law and politics, including judicial interpretation of the ADA and its state-level analogues and the relationship of disability rights activism to other rights-based political movements.

Elasticity of Medicaid Access with Respect to State Financial Distress

2018 ◽  
Vol 108 ◽  
pp. 384-387
Author(s):  
Victoria Perez ◽  
Joseph Benitez ◽  
Eric Seiber
Keyword(s):  
Unemployment Rate ◽  
Financial Distress ◽  
State Level ◽  
Welfare Programs ◽  
Macroeconomic Shocks ◽  
Medicaid Enrollment ◽  
Social Welfare Programs ◽  
Financial Conditions ◽  
State Budgets ◽  
Fiscal Distress

In 2016, total Medicaid spending, $574.2 billion, represented one-third of state budgets. Descriptive studies indicate that state policymakers adjust social welfare programs during times of financial distress, particularly Medicaid. The challenge of formally estimating this effect is that macroeconomic shocks increase Medicaid enrollment and state-level financial stress. We use an exogenous measure of Medicaid generosity to estimate the elasticity of Medicaid generosity with respect to financial conditions. We find Medicaid generosity is not adjusted during periods of fiscal distress, whether anticipated or not. Instead, we find a counter-cyclical Medicaid effect with generosity increasing with increases in the unemployment rate.

Serving the Unemployed: Do More Generous Social Insurance Programs Provide Better Quality Service?

2021 ◽  
Vol 36 (3) ◽  
pp. 1-11
Author(s):  
Compton Mallory E.
Keyword(s):  
Social Welfare ◽  
Unemployment Insurance ◽  
Social Insurance ◽  
State Level ◽  
Positive Association ◽  
Economic Security ◽  
Social Programs ◽  
Welfare Programs ◽  
Social Welfare Programs ◽  
The Unemployed

The role and capacity of public administration in contributing to economic security is an increasingly important question. More generous social welfare programs may have greater capacity to insure households against risk, but those programs can effectively provide economic security only to the extent that public organizations deliver benefits promptly and properly to families in need. Administrative performance matters. Given that governments with more generous social programs have demonstrated social welfare to be a priority, are those governments also more likely to put effort towards better administration of welfare programs? This question is addressed here using administrative performance data from U.S. state-level unemployment insurance programs, from 2002-2015. Evidence points to a positive association between generosity and administrative quality: more generous states make fewer administrative errors and that relationship is driven by their making fewer underpayments. If unemployment insurance replacement rates reflect an institutionalized commitment to more generously protecting individuals from economic insecurity, that commitment is also evident in the types of administrative errors agents make.

Sorting Out the Mixed Economy

2019 ◽  
Author(s):  
Amy C. Offner
Keyword(s):  
Latin America ◽  
Latin American ◽  
New Deal ◽  
The United States ◽  
Business Associations ◽  
Welfare Programs ◽  
The Road ◽  
Social Welfare Programs ◽  
The Third World ◽  
The New Deal

In the years after 1945, a flood of U.S. advisors swept into Latin America with dreams of building a new economic order and lifting the Third World out of poverty. These businessmen, economists, community workers, and architects went south with the gospel of the New Deal on their lips, but Latin American realities soon revealed unexpected possibilities within the New Deal itself. In Colombia, Latin Americans and U.S. advisors ended up decentralizing the state, privatizing public functions, and launching austere social welfare programs. By the 1960s, they had remade the country's housing projects, river valleys, and universities. They had also generated new lessons for the United States itself. When the Johnson administration launched the War on Poverty, U.S. social movements, business associations, and government agencies all promised to repatriate the lessons of development, and they did so by multiplying the uses of austerity and for-profit contracting within their own welfare state. A decade later, ascendant right-wing movements seeking to dismantle the midcentury state did not need to reach for entirely new ideas: they redeployed policies already at hand. This book brings readers to Colombia and back, showing the entanglement of American societies and the contradictory promises of midcentury statebuilding. The untold story of how the road from the New Deal to the Great Society ran through Latin America, the book also offers a surprising new account of the origins of neoliberalism.

Remittances and the Politics of Austerity

2018 ◽  
Author(s):  
Roy Germano
Keyword(s):  
Developing Countries ◽  
Social Welfare ◽  
Economic Crisis ◽  
Social Welfare Function ◽  
Global Markets ◽  
Welfare Programs ◽  
Social Instability ◽  
Social Welfare Programs ◽  
Poor Families ◽  
International Migrants

Remittances sent by international migrants have become an increasingly important source of social welfare in the developing world. This chapter explores what remittances are, why migrants send them, and how poor families use them. I argue in this chapter that remittances are more than just gifts from one relative to another. They play a larger social welfare role that complements funds that governments spend on social welfare programs. This social welfare function has become particularly important in recent decades as developing countries have prioritized austerity and integrated into volatile global markets. I argue that by filling a welfare gap in an age of austerity, remittances help to reduce the suffering and anger that so often trigger political and social instability during times of economic crisis.

Trust in a Polarized Age

2020 ◽  
Author(s):  
Kevin Vallier
Keyword(s):  
Human Rights ◽  
Civil War ◽  
Social Welfare ◽  
Liberal Democracy ◽  
Empirical Data ◽  
Political Trust ◽  
Vital Role ◽  
Welfare Programs ◽  
Social Welfare Programs ◽  
Downward Spiral

Americans today don’t trust each other and their institutions as much as they used to. The collapse of social and political trust arguably has fueled our increasingly ferocious ideological conflicts and hardened partisanship. But is the decline in trust inevitable? Are we caught in a downward spiral that must end in war-like politics, institutional decay, and possibly even civil war? This book argues that American political and economic institutions are capable of creating and maintaining trust, even through polarized times. Combining philosophical arguments and empirical data, the author shows that liberal democracy, markets, and social welfare programs all play a vital role in producing social and political trust. Even more, these institutions can promote trust justly, by recognizing and respecting our basic human rights.

The Rise of Block-Granting as a Tool of Conservative Statecraft

The Forum ◽  
2020 ◽  
Vol 18 (2) ◽  
pp. 223-247
Author(s):  
Ryan LaRochelle
Keyword(s):  
Welfare State ◽  
Social Welfare ◽  
Ronald Reagan ◽  
Safety Net ◽  
Block Grant ◽  
Welfare Programs ◽  
Block Grants ◽  
Social Welfare Programs ◽  
Political Weapon ◽  
The Welfare State

AbstractThis article sheds new light on how conservatism has affected American state development by tracing the history of how block-granting transformed from a bipartisan tool to solve problems of public administration in the 1940s into a mechanism to roll back and decentralize the welfare state that had reached its zenith in the 1960s. By the early 1980s, conservative policymakers had coopted the previously bipartisan tool in their efforts to chip away at the increasingly centralized social welfare system that emerged out of the Great Society. In the early 1980s, Ronald Reagan successfully converted numerous categorical grants into a series of block grants, slashing funding for several social safety net programs. Block-granting allows conservative opponents of the postwar welfare state to gradually erode funding and grant more authority to state governments, thus using federalism as a more palatable political weapon to reduce social welfare spending than the full dismantlement of social programs. However, despite a flurry of successes in the early 1980s, block-granting has not proven as successful as conservatives might have hoped, and recent efforts to convert programs such as Medicaid and parts of the Affordable Care Act into block grants have failed. The failure of recent failed block grant efforts highlights the resilience of liberal reforms, even in the face of sustained conservative opposition. However, conservatives still draw upon the tool today in their efforts to erode and retrench social welfare programs. Block-granting has thus transformed from a bipartisan tool to improve bureaucratic effectiveness into a perennial weapon in conservatives’ war on the welfare state.

The Impact of Social Welfare Programs

1992 ◽  
Author(s):  
R. Cherry
Keyword(s):  
Social Welfare ◽  
Training Program ◽  
Empirical Evidence ◽  
Work Incentives ◽  
Welfare Programs ◽  
Social Welfare Programs ◽  
The Usa ◽  
The Impact ◽  
And Training

This article briefly reviews the conservative, liberal and radical approaches to social welfare programs, and compares these with empirical evidence from the USA. Conservatives stress that welfare programs reduce work incentives and undermine individual initiatives. Liberals suggest that cuts in welfare have created increased hardship without changing significantly the incentives to work. The Massachusetts Employment and Training Program is analyzed from both perspectives. The Program does not reduce benefits but instead increases work incentives. The results of this Program are skeptically reviewed by radicals as well as some liberals.

scholarly journals Less Bang for Your Buck? How Social Capital Constrains the Effectiveness of Social Welfare Spending

2018 ◽  
Vol 18 (3) ◽  
pp. 215-245 ◽  
Author(s):  
Mallory E. Compton
Keyword(s):  
Social Capital ◽  
Social Welfare ◽  
Financial Stability ◽  
Social Institutions ◽  
Economic Security ◽  
Economic Insecurity ◽  
Welfare Programs ◽  
Welfare Spending ◽  
Social Welfare Programs ◽  
Open Question

Rising economic insecurity in recent decades has focused attention on the importance of social welfare programs in managing household financial stability. Some governments are more effective than others in managing this outcome, and informal social institutions help explain why. Social capital is expected to shape economic security through multiple mechanisms, but whether the effect is to magnify or mitigate volatility is an open question. Part of the answer has to do with how social capital interacts with policy implementation, and whether it conditions the effectiveness of government spending. Evidence from the U.S. states from 1986 to 2010 fails to support a benevolent social capital thesis—not only is social capital associated with greater economic insecurity, there is no evidence that it improves social welfare effectiveness. However, greater spending on some social programs can mitigate the adverse impact of social capital on economic security.

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