The Poverty Law Canon takes readers into the lives of the clients and lawyers who brought critical poverty law cases in the United States. These cases involved attempts to establish the right to basic necessities, as well as efforts to ensure dignified treatment of welfare recipients and to halt administrative attacks on federal program benefit levels. They also confronted government efforts to constrict access to justice, due process, and rights to counsel in child support and consumer cases, social welfare programs, and public housing. By exploring the personal narratives that gave rise to these lawsuits as well as the behind-the-scenes dynamics of the Supreme Court, the text locates these cases within the social dynamics that shaped the course of litigation.TOC after the jump.
Noted legal scholars explain the legal precedent created by each case and set the case within its historical and political context in a way that will assist students and advocates in poverty-related disciplines in their understanding of the implications of these cases for contemporary public policy decisions in poverty programs. Whether the focus is on the clients, on the lawyers, or on the justices, the stories in The Poverty Law Canon illuminate the central legal themes in federal poverty law of the late 20th century and the role that racial and economic stereotyping plays in shaping American law.
Introduction – Ezra Rosser
Part I: Victories
When Paupers Became People: Edwards v. California (1941) – Clare Pastore
Remaking the “Law of the Poor”: Williams v. Walker-Thomas Furniture Co. (1965) – Anne Fleming
Sylvester Smith, Unlikely Heroine: King v. Smith (1968) – Henry Freedman
Legal Services Attorneys and Migrant Advocates Join Forces: Shapiro v. Thompson (1969) – Elisa Alvarez Minoff
Dignity and Passion: Goldberg v. Kelly (1970) – Melanie B. Abbott
Litigating in the Zeitgeist: Rosado v. Wyman (1970) – Wendy A. Bach
Part II: Losses
A Sweeping Refusal of Equal Protection: Dandridge v. Williams (1970) – Julie A. Nice
Privacy as a Luxury Not for the Poor: Wyman v. James (1971) – Michele Estrin Gilman
A Tragedy of Two Americas: Jefferson v. Hackney (1972) – Marie A. Failinger
Denying the Poor Access to Court: United States v. Kras (1973) – Henry Rose
“The Poor People Have Lost Again”: San Antonio Independent School District v. Rodriguez (1973) – Camille Walsh
Part III: The Modern Era
Reflecting and Foreshadowing: Mathews v. Eldridge (1976) – John J. Capowski
Chronicle of a Debt Foretold: Zablocki v. Red Hail (1978) – Tonya L. Brito, R. Kirk Anderson, and Monica Wedgewood
The Movement for a Right to Counsel in Civil Cases: Turner v. Rogers (2011) – Kelly Terry
Public Housing as Housing of Last Resort: Department of Housing and Urban Development v. Rucker (2002) – Nestor M. Davidson