The pre-1996 Welfare System
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What is the general attitude toward people on
Welfare?
How was this reflected in the administration of the welfare programs?
What was AFDC?
What were the unintended consequences of the welfare system?
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Goldberg v. Kelly, 397 U.S. 254 (1970)
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Supreme Court Context
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Earl Warren
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Appointed Chief Justice in 1953 - by which president?
What was Warren background?
Served until 1969
What was the jurisprudential shift on the United
States Supreme Court in the 1950s and 1960s?
Who became Chief Justice after Earl Warren?
Goldberg is the last gasp of the Earl Warren Court
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Facts of the Case
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What state did this case arise in?
What program was providing benefits to the plaintiffs?
What was the economic status of plaintiffs?
How does this complicate their effectively asserting their legal rights?
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Statutory Entitlements
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What makes a benefit an entitlement?
What is a matrix regulation?
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Matrix Regulation
Test 1 Test 2 Claimant Status
Income less than
$3000 for family of 2
Assets less than
$2000
Income less than
$6000 for family of 4
Head of household is disabled x x
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Pre-Goldberg Administrative Process
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What was the administrative process that plaintiffs were contesting?
What do you think is the relationship between the agency personnel and the plaintiffs?
What were the problems with the informal system of reevaluating beneficiaries status?
What was the impact on plaintiffs of terminating benefits?
Who does this further complicate post-deprivation hearing rights?
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Why a Hearing?
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Why couldn't plaintiff hire an attorney and file a written response to the termination letter?
What could she do at a hearing that she could not do in writing?
Why wasn't a post-termination hearing enough?
Why didn't the state want to give everyone a hearing?
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Goldberg Rights - I
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1) timely and adequate notice
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2) oral presentation of arguments
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3) oral presentation of evidence
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4) confronting adverse witnesses
5) cross-examination of adverse witnesses
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Goldberg Rights - II
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6) disclosure to the claimant of opposing evidence
7) the right to retain an attorney (no appointed counsel)
8) a determination on the record of the hearing
9) record of reasons and evidence relied on; and
10) an impartial decision maker
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Administrative Costs of Goldberg
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What does granting these hearings do to the cost of removing someone from welfare?
What does it do to the balance of benefits costs to administration costs?
What does this do to the global cost of the benefits system?
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Short-Term Impact of Goldberg
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How does raising the administrative costs affect new claims for welfare?
What is the incentive for the welfare officers under the Goldberg ruling?
What expectation does it create for welfare recipients?
What long term problem did this contribute to?
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Fixing Welfare - The 1996 Act
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Who pushed for welfare reform?
Who signed it?
What is the new name for AFDC?
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TANF - Temporary assistance for Needy Families
What does the name change tell you about the change in philosophy?
How long do you get on the program?
How does this affect future Goldberg actions?
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