Books and Journals › Labor Law and Social Security
- Recognizing Lesbian and Gay Families: Strategies for obtaining domestic partner benefits National Center for Lesbian Rights, 2009
- Social Security Bulletin From Nbr. 58-1, January 1995 to Nbr. 74-4, November - November 2014 LLMC, 2008
- Iowa Law Review From Nbr. 91-1, November 2005 to Nbr. 99-1, November 2013
- Major Issues in the Federal Law of Employment Discrimination (Fourth Edition) by: LLMC, 2004
- Third Circuit Upholds Subgroup Disparate Impact Claims Under The ADEA.
- Supreme Court to hear religious hospital pension cases.
- President Trump? President Clinton? A Workplace Law Preview
- Legal Developments In Construction Law: March 2016.
How Effective Is the Social Security Statement? Informing Younger Workers about Social Security
The Social Security Administration began mailing annual earnings and benefit statements to workers aged 60 or older in 1995, and increased its mailings to include workers in younger age groups in succeeding years. In 1998, the agency commissioned the Gallup Organization to evaluate the effects of these statements on the public’s knowledge of Social Security programs and benefits. This article...
Improving Access to Benefits for Persons with Disabilities Who Were Experiencing Homelessness: An Evaluation of the Benefits Entitlement Services Team Demonstration Project
This study uses administrative data to evaluate the outcomes of Supplemental Security Income (SSI) and Disability Insurance (DI) applications submitted through the Benefits Entitlement Services Team (B.E.S.T) project, an initiative funded by the Los Angeles County Department of Health Services to help individuals experiencing homelessness apply for SSI payments and/or DI benefits. The authors...
Incentivizing Delayed Claiming of Social Security Retirement Benefits Before Reaching the Full Retirement Age
Claiming Social Security retirement benefits before the full retirement age (FRA) results in permanently lower benefits, while delaying claiming permanently increases benefits. This article uses Modeling Income in the Near Term data to determine the socioeconomic characteristics of individuals who claim at various ages. The authors then describe a number of novel approaches aimed at encouraging...
The Social Security Statement: Background, Implementation, and Recent Developments
In 1995, the Social Security Administration (SSA) began mailing annual earnings and benefit statements to workers aged 60 or older. By 2000, SSA was sending these statements to all workers aged 25 or older. It was the largest customized mailing ever undertaken by a federal agency. This article describes the development and implementation of the Social Security Statement; the changes in its...
Recruitment in the Mental Health Treatment Study: A Behavioral Health/Employment Intervention for Social Security Disabled-Worker Beneficiaries
The recent development of evidence-based behavioral health and vocational rehabilitation interventions for persons with serious psychiatric impairments created the impetus for exploring the efficacy of those interventions if they were widely available to Social Security Disability Insurance beneficiaries. As a first step in this endeavor—a multisite randomized trial for providing interventions to
Earnings and Disability Program Participation of Youth Transition Demonstration Participants after 24 Months
Using data from Social Security Administration (SSA) program records, this article evaluates employment and SSA disability program payment outcomes for youths participating in SSA’s Youth Transition Demonstration (YTD) project. Participants were randomly assigned to treatment or control groups at each of six project sites. Treatment-group youths in the YTD received extra employment-related and...
Immigrants and Retirement Resources
The extensive literature documenting differences in wages between immigrant and native-born workers suggests that immigrants may enter retirement at a significant financial disadvantage relative to workers born in the United States. However, little work has examined differences in retirement resources and retirement security between immigrants and natives. In this article, we use data from the...
How Do Trends in Women's Labor Force Activity and Marriage Patterns Affect Social Security Replacement Rates?
Changes in the role of women in the economy and in the family have affected both the amount and the type of Social Security benefits they receive in retirement. Women’s labor force participation rate increased from less than 40 percent in 1950 to more than 70 percent in 2011. Over much of the same period, marriage rates fell and divorce rates rose. This article examines how women’s higher...
Improving Access to Commercial Websites Under the Americans with Disabilities Act and the Twenty-First Century Communications and Video Accessibility Act
In 1990, Congress enacted the Americans with Disabilities Act ("ADA")-one of the most comprehensive sets of antidiscrimination laws to date. Title III of the ADA requires private businesses to make reasonable efforts to ensure that disabled individuals are able to access their "place[s] of public accommodation." However, as the Internet has grown more ubiquitous in Americans’...
- Title and Author Index for Volume 73, 2013
Choice Architecture and the Locus of Fiduciary Obligation in Defined Contribution Plans
The insights of choice architecture have produced regulatory and voluntary changes that have expanded the use of default settings in defined contribution plans, such as 401(k) plans. As a result, increased numbers of employees now save for retirement through 401(k) plans and many save more money. The current approach to investment default settings, however, has been less successful in achieving...
Dirty Silver Platters: The Enduring Challenge of Intergovernmental Investigative Illegality
This Essay addresses a longstanding concern in American criminal justice: that law enforcement agents of different governments will work together to evade a legal limit imposed by one of the governments. In the past, with the U.S. Supreme Court in the lead, courts were prone to closely scrutinize intergovernmental investigative efforts, on vigilant guard against what the Court called improper &quo
Credit Reform and the States: The Vital Role of Attorneys General After Dodd-Frank
Congress employed multiple strategies in the wake of the Great Recession to provide greater protections for consumers in the financial marketplace. One strategy aimed at agency design and resulted in creation of the Consumer Financial Protection Bureau. Another strategy created new substantive prohibitions and corresponding rulemaking powers. A third strategy channeled the forces of federalism,...
The SEC on a Forum Shopping Spree: SEC Enforcement Power and Control Person Liability After Dodd-Frank
In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") in response to the collapse of the United States economy. Prior to Dodd-Frank, two separate circuit splits existed. One circuit split affected the Securities and Exchange Commission’s ("SEC") ability to bring control person liability actions against executives whose...
Growth in New Disabled-Worker Entitlements, 1970-2008
We find that three factors-(1) population growth, (2) the growth in the proportion of women insured for disability, and (3) the movement of the large baby boom generation into disability-prone ages-explain 90 percent of the growth in new disabled-worker entitlements over the 36-year subperiod (1972-2008). The remaining 10 percent is the part attributable to the disability "incidence rate"
- OASDI and SSI Snapshot and SSI Monthly Statistics
An Analysis of Facebook 'Likes' and Other Nonverbal Internet Communication Under the Federal Rules of Evidence
Social media is an important part of our lives. The social media users’ ability to share his or her feelings and thoughts has moved beyond the written word and now includes pictures, music, and multiple other forms of nonverbal content-sharing. As the day-to-day influence of nonverbal content-sharing through social media increases, so too will-by necessity-the attempt to use these forms of...
Coase Minus the Coase Theorem-Some Problems with Chicago Transaction Cost Analysis
In law as well as economics, the most well-known aspect of Coase’s "The Problem of Social Cost," is the Coase Theorem. Over the decades, that particular notion has morphed into a crucial component of Chicago law and economics-namely, transaction cost analysis. In this Article, I deliberately bracket the Coase Theorem to show that "The Problem of Social Cost" contains far more...
The Antitrust Constitution
Antitrust is today viewed almost exclusively in strictly economic terms. Under the nearly ubiquitous "rule of reason," conduct is condemned or saved by courts largely based on their evaluation of the conduct’s effect on economic efficiency. But many aspects of antitrust law cannot be explained by efficiency analysis. The full sweep of antitrust makes sense only when one considers other...
- Perspectives-Paper Submission Guidelines
Big Data and Pharmacovigilance: Using Health Information Exchanges to Revolutionize Drug Safety
Data on individual patients collected through state and federal health information exchanges has the potential to usher in a new era of drug regulation. These exchanges, produced by recent health care reform legislation, will amass an unprecedented amount of clinical information on drug usage, demographic variables, and patient outcomes. This information could aid the Food and Drug Administration
The Supplemental Poverty Measure (SPM) and the Aged: How and Why the SPM and Official Poverty Estimates Differ
In November 2011, the Census Bureau released its first report on the Supplemental Poverty Measure. The SPM addresses many criticisms of the official poverty measure and is intended to provide an improved statistical picture of poverty. This article examines the extent of poverty identified by the two measures. First, we look at how the SPM and official estimates differ for various aged and...
Won't You Be My Neighbor?' Living with Concentrated Animal Feeding Operations
Concentrated animal feeding operations ("CAFOs") are prevalent throughout the nation and represent a serious and increasing problem for the United States. Proponents of CAFOs argue that such operations are necessary to meet this country’s demand for low-cost, readily available meat. Opponents point to the ever-increasing risks that CAFOs pose to humans, animals, and the environment....
- OASDI and SSI Program Rates and Limits, 2014
Rethinking the Principal-Agent Theory of Judging
This Essay offers new insights into understanding the relationship between higher and lower courts and responds to the extant literature that has characterized the relationship as one involving a principal and an agent. We challenge the underpinnings of the principal- agent understanding of judicial hierarchies and identify problems with the theory’s applicability in this context. While...
Disability Shocks Near Retirement Age and Financial Well-Being
Using Health and Retirement Study data, the authors examine three groups of adults aged 51-56 in 1992 with different disability experiences over the following 8 years. Our analysis reveals three major findings. First, people who started and stayed nondisabled experienced stable financial security, with substantial improvement in household wealth despite substantial labor force withdrawal. Second,