"Established in 1964, the federal Legal Services Program (later, Corporation) served a vast group of Americans desperately in need of legal counsel: the poor. At the program's zenith in 1981, more than 1,450 offices employing six thousand attorneys and three thousand paralegals worked to aid those who could not afford private attorneys. In Rationing Justice, Kris Shepard looks at this pioneering program's effect on the Deep South."--BOOK JACKET.
Established in 1964, the federal Legal Services Program (later, Corporation) served a vast group of Americans desperately in need of legal counsel: the poor. In Rationing Justice, Kris Shepard looks at this pioneering program's effect on the Deep South, as the poor made tangible gains in cases involving federal, state, and local social programs, low-income housing, consumer rights, domestic relations, and civil rights. While poverty lawyers, Shepard reveals, did not by themselves create a legal revolution in the South, they did force southern politicians, policy makers, businessmen, and law enforcement officials to recognize that they could not ignore the legal rights of low-income citizens. Having survived for four decades, America's legal services program has adapted to ever-changing political realities, including slashed budgets and severe restrictions on poverty law practice adopted by the Republican-led Congress of the mid-1990s. With its account of the relationship between poverty lawyers and their clients, and their interaction with legal, political, and social structures, Rationing Justice speaks poignantly to the possibility of justice for all in America.
A clearly written and well structured textbook, providing an introduction to decision making and priority setting, this title brings together theories, practice and evidence from a wide range of disciplines.
For over a century, many have struggled to turn the Constitution's prime goal "to establish Justice" into reality for Americans who cannot afford lawyers through civil legal aid. This book explains how and why. American statesman Sargent Shriver called the Legal Services Program the "most important" of all the War on Poverty programs he started; American Bar Association president Edward Kuhn said its creation was the most important development in the history of the legal profession. Earl Johnson Jr., a former director of the War on Poverty's Legal Services Program, provides a vivid account of the entire history of civil legal aid from its inception in 1876 to the current day. The first to capture the full story of the dramatic, ongoing struggle to bring equal justice to those unable to afford a lawyer, this monumental three-volume work covers the personalities and events leading to a national legal aid movement—and decades later, the federal government's entry into the field, and its creation of a unique institution, an independent Legal Services Corporation, to run the program. The narrative also covers the landmark court victories the attorneys won and the political controversies those cases generated, along with the heated congressional battles over the shape and survival of the Legal Services Corporation. In the final chapters, the author assesses the current state of civil legal aid and its future prospects in the United States.
Social factors have a powerful influence on human health and longevity. Yet the social dimensions of health are often obscured in public discussions due to the overwhelming focus in health policy on medical care, individual-level risk factor research, and changing individual behaviours. Likewise, in philosophical approaches to health and social justice, the debates have largely focused on rationing problems in health care and on personal responsibility. However, a range of events over the past two decades such as the study of modern famines, the global experience of HIV/AIDS, the international women’s health movement, and the flourishing of social epidemiological research have drawn attention to the robust relationship between health and broad social arrangements. In Health Justice, Sridhar Venkatapuram takes up the problem of identifying what claims individuals have in regard to their health in modern societies and the globalized world. Recognizing the social bases of health and longevity, Venkatapuram extends the ‘Capabilities Approach’ of Amartya Sen and Martha Nussbaum into the domain of health and health sciences. In so doing, he formulates an inter-disciplinary argument that draws on the natural and social sciences as well as debates around social justice to argue for every human being’s moral entitlement to a capability to be healthy. An ambitious integration of the health sciences and the Capabilities Approach, Health Justice aims to provide a concrete ethical grounding for the human right to health, while advancing the field of health policy and placing health at the centre of social justice theory. With a foreword by Sir Michael Marmot, chair of the WHO Commission on the Social Determinants of Health.
The identified lives effect describes the fact that people demonstrate a stronger inclination to assist persons and groups identified as at high risk of great harm than those who will or already suffer similar harm, but endure unidentified. As a result of this effect, we allocate resources reactively rather than proactively, prioritizing treatment over prevention. For example, during the August 2010 gold mine cave-in in Chile, where ten to twenty million dollars was spent by the Chilean government to rescue the 33 miners trapped underground. Rather than address the many, more cost effective mine safety measures that should have been implemented, the Chilean government and international donors concentrated efforts in large-scale missions that concerned only the specific group. Such bias as illustrated through this incident raises practical and ethical questions that extend to almost every aspect of human life and politics. What can social and cognitive sciences teach us about the origin and triggers of the effect? Philosophically and ethically, is the effect a "bias" to be eliminated or is it morally justified? What implications does the effect have for health care, law, the environment and other practice domains? This volume is the first to take an interdisciplinary approach toward answering this issue of identified versus statistical lives by considering a variety of perspectives from psychology, public health, law, ethics, and public policy.
Budgets of governments and private insurances are limited. Not all drugs and services that appear beneficial to patients or physicians can be covered. Is there a core set of benefits that everyone should be entitled to? If so, how should this set be determined? Are fair decisions just impossible, if we know from the outset than not all needs can be met? While early work in bioethics has focused on clinical issues and a narrow set of principles, in recent years there has been a marked shift towards addressing broader population-level issues, requiring consideration of more demanding theories in philosophy, political science, and economics. At the heart of bioethics' new orientation is the goal of clarity on a complex set of questions in rationing and resource allocation. Rationing and Resource Allocation in Healthcare: Essential Readings provides key excerpts from seminal and pertinent texts and case studies about these topics, contextualized by original introductions. The volume is divided into three broad sections: Conceptual Distinctions and Ethical Theory; Rationing; and Resource Allocation. Containing the most important and classic articles surrounding the theoretical and practical issues related to rationing and how to allocate scare medical resources, this collection aims to assist and inform those who wish to be a part of bioethics' 21st century shift including practitioners and policy-makers, and students and scholars in the health sciences, philosophy, law, and medical ethics.
